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NC BLET ARREST, SEARCH AND SEIZURE EXAM QUESTIONS WITH CORRECT ANSWERS
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NC BLET ARREST, SEARCH AND SEIZURE EXAM QUESTIONS WITH CORRECT ANSWERS
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NC BLET ARREST, SEARCH ANDSEIZURE EXAM QUESTIONS WITH
CORRECT ANSWERS
Restrictions on Free Speech - Answer-Panic exciting speech (Shouting FIRE in a movie
theater)
Types of Speech with No First Amendment Protection - Answer-Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - Answer-States that Congress shall not infringe on the right of
the people to bear arms.
Third Amendment - Answer-(Historical) Prevents the quartering of troops in private
residences.
Fourth Amendment - Answer-Prohibits unreasonable searches and seizures by the
government.
Exclusionary Rule - Answer-Any evidence obtained by the government through an
illegal (unreasonable) search and seizure is inadmissible in court.
Fifth Amendment - Answer-Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their
rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment - Answer-Gives an accused certain fundamental rights in criminal
prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury,
right to face ones accusers, right to be informed of the nature and cause of the
accusation and right to legal process to compel the appearance of witnesses. GRANTS
THE ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right to___________? - Answer-Counsel
Seventh Amendment - Answer-Preserves the right of trial by jury in civil cases. Provides
for a trial by 12 people.
Eighth Amendment - Answer-Protects from excessive bail
Protects from Cruel and Unusual Punishment
,Ninth Amendment - Answer-Additional rights not listed in the first eight amendments.
Tenth Amendment - Answer-Reserves the powers not granted to the United States
Government to the states or the people.
Fourteenth Amendment - Answer-Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process - Answer-Procedural Due Process
Substantive Due Process
Procedural Due Process - Answer-Guarantees that the government will not take a
persons life, liberty, or property interest without notice and a meaningful opportunity to
be heard.
Substantive Due Process - Answer-Guarantees that the notice,hearing, and result are
fair
Due Process guarantees ________,____________, and _____________? - Answer-A
right to counsel
A right to speedy and public trial
A right to be free from the use of unlawfully seized evidence and unlawfully obtained
confessions.
Two types of Jurisdiction - Answer-Territorial
Subject Matter
Statewide Jurisdiction - Answer-Has North Carolina in the name
North Carolina State Highway Patrol
North Carolina Wildlife enforcement
North Carolina Division of Motor Vehicles
etc.
Local Jurisdiction - Answer-Sheriffs and their Deputies-May arrest in the county, on
county property outside the county, and anywhere in the state for felony committed in
the county.
City Police Officers-May arrest in the city in which they serve, in the area within one mile
of city limits, and on city property outside the city.
Company and Campus Police Jurisdiction - Answer-May arrest on property owned by
their employer
May arrest anywhere on campus and property owned by the college/university as well
as portions of public roads passing through or immediately adjoining their property.
, Immediate and Continuous Pursuit - Answer-Officer must continue the pursuit and not
stop to do something else.
Officers may pursue and arrest outside North Carolina only-In Georgia, Virginia, South
Carolina, and Tennessee.
For a suspected Felony committed in North Carolina
Subject Matter Jurisdiction - Answer-Refers to the types of crimes for which officers are
authorized to arrest.
Limited Subject Matter Jurisdiction - Answer-Highway Patrol
DMV Officers
Wildlife Enforcement Officers
Probation and Parole Officers
Mutual Aid Agreements - Answer-Several statutes allow the head of one law
enforcement agency to provide temporary assistance to another agency upon its written
request.
Crimes committed in other states - Answer-NC Law Enforcement Officers may arrest a
person who flees to NC after the person has committed a misdemeanor or felony in
another state if the officers obtain a fugitive warrant.
Foreign Diplomats - Answer-Generally granted diplomatic immunity
A person has been "seized" when...? - Answer-Under the circumstances a reasonable
person in their position would not feel free to walk or drive away from the Law
Enforcement Official.
A person is arrested when..... - Answer-When they submit to an arresting officer
OR
When their freedom of movement has been significantly deprived (functional Equivalent)
The more intrusive the government conduct, the more ____________ __
_________________ _____________ is required in order for it to be deemed
reasonable? - Answer-Proof of Criminal Activity
Voluntary Encounter - Answer-Police encounter where a reasonable person would feel
free to walk away
Person is under no obligation to answer questions or identify theirself
A seizure occurs when.... - Answer-A Law Enforcement Officer applies physical force to
a suspect
Issues a command(STOP) and the subject complies
Or when a reasonable person would not feel free to ignore the police presence and go
about their own business
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