Practice RBC 1 (examples)

Ace your homework & exams now with Quizwiz!

A witness observed a robber for 15 minutes from a close distance during the crime. The initial description offered by the witness matched the description of a suspect. The officers took the witness, within 20 minutes, to the suspect's motel, and the witness confirmed the identity of the suspect. What just took place?

A field showup.

At Brian's request, Julia obtained a motel room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to waken them at a prearranged time. Who would be the principal(s) of this crime?

Both Brian and Julia have committed unlawful sexual intercourse. Even though Julia did not commit the offense herself, she aided and abetted Brian in the commission of an illegal act.

Brian and Ken planned to rob a bank. They decided that Brian would drive the getaway car, and Ken would run into the bank and steal the money. They successfully robbed the bank and drove off with the stolen money. Who would be the principal(s) of this crime?

Both Brian and Ken are principals to the robbery, and they are equally culpable for the charge of robbery.

A peace officer suspects an individual of possessing a controlled substance but does not have enough information to legally detain him. The officer approaches the person and asks if he would be willing to answer a few questions. What kind of contact is this?

Consensual

Officers went to a motel room with a warrant to search the building for illegal drugs. After complying with initial knock and notice requirements and while waiting for a response from the occupants, officers heard muffled voices and the sound of a toilet flushing twice. What kind of exigency do they have?

Destruction of evidence

Two officers arrest three men for assault. One of the officers handcuffed the first man and placed him in the patrol vehicle. While that officer rejoined her partner to deal with the remaining prisoners, the first man kicked out the window of the patrol car, climbed out, and ran. What crime did the suspect commit?

Escape from the custody of a peace officer - Misd

Peace officers responded to a domestic violence call and found a woman on the floor covered with bruises and cuts. She told the officers her husband was drunk and had threatened to shoot her son. The officers drove to the son's apartment where the husband's car was found parked outside. They heard shouting and a physical altercation from within the apartment. This is an example of?

Exigent Circumstances

An officer found out that a man bought 400 pounds of iodine chips under an assumed name and took it to a remote location. Even though the man's behavior was legal, the officer's training and experience investigating clandestine drug labs led the officer to reason that there was a fair probability that evidence of illegal methamphetamine manufacturing would be discovered at that location. the officer doesn't have enough probable cause to get a search warrant. True or False

False

An officer was in a hotel room questioning a female companion of a man who had been arrested for armed robbery earlier that day. In the course of the questioning, the woman grabbed her make-up bag from a nearby dresser. Because it was reasonable to suspect that the woman might be reaching for a weapon, the officer seized the bag. the officer realized the bag was heavy and large enough to potentially contain a weapon The officer cannot search the bag. True or False?

False

During a traffic stop for speeding, an officer noticed the smell of beer inside the vehicle. Because the driver adequately performed a series of sobriety tests, the officer cannot search the vehicle for open containers. True or False?

False

While Keith and Don were committing a burglary, Keith forced Don to kill the store clerk. Don is not guilty of Murder. True or False?

False - Don is not eligible to claim threat or menace because the act of participating in the burglary itself included the possibility of being forced to commit a greater crime.

A crowd of gang members attacked a member of a rival gang. The victim was knocked to the ground and kicked repeatedly in the head with heavy boots. The victim died from severe head trauma. Only the gang member that killed the rival gang member is guilty of murder. True or False

False - Each of the participants in the assault is a principal to murder. It makes no difference which gang member struck the killing blow since each of them is liable for the natural and foreseeable consequences of the brutal attack.

An officer in a patrol vehicle witnessed a drug transaction taking place on a sidewalk near a group of juveniles. Seeing the officer leave the vehicle and move toward him, the suspected dealer fled down the street. The dealer entered a large building to escape. The officer drew his firearm, shot and killed the fleeing subject. The officer was justified based on the fleeing felon rule. True or False?

False - Even though the offense witnessed by the officer was a felony, the crime did not involve the use or threatened use of force likely to produce death or serious bodily injury.

Two officers went to the apartment of a suspect to arrest her for possession of a controlled substance for sale. When the suspect opened the door, one of the officers produced a valid arrest warrant and placed the suspect under arrest. After the officer had handcuffed the suspect, the suspect shoved the officer down a flight of stairs and fled. The other officer chased the suspect and completed the arrest. The officer who was pushed sustained numerous serious injuries. The suspect has committed the crime of escape from a peace officer, a Misdemeanor. True or false?

False - Great bodily injury makes it a Felony

A woman, defending herself against an unprovoked attack, punched her assailant in the head. The blow caused the assailant to fall onto a sharp object, resulting in the assailant's death. The woman committed murder. True or False?

False - The woman did not have criminal intent, therefore, did not commit a crime.

During a warrant search for narcotics, officers found a sawed-off shotgun in the trunk of the suspect's car. The officers cannot seize the shotgun because it wasn't listed on the search warrant. True or False?

False - anything illegal found while legally searching can be seized.

When a warrant is sought to obtain a blood sample, the "probable cause plus" requirement is necessary. True or False?

False - it is seen as minimal intrusion and is so routine in our society

While questioning a man in his driveway, officers asked if they could look through the trunk of his vehicle. The man shrugged his shoulders and handed the officers the keys to the car's trunk. what type of consent is this?

Implied Consent

A man went to the home of his estranged wife to discuss a problem they were having over their property settlement. An argument broke out and the man slapped his wife and then told her he would come back and "really beat you up" if she reported the incident to the local law enforcement. What crime, if any, was committed?

Intimidating Witnesses or Victims - Felony

During a dispute between motorists on the freeway, Smith rammed his car into Jones' car in an attempt to run Jones off the road. As a result, Jones' car struck Johnson's car, causing Johnson to lose control and hit a utility pole. Subsequently, Johnson died. What should Jones be charged with?

Murder - Felony

A man got into an argument with his neighbor, and the neighbor shoved him. The following day, the man thought about the incident and decided to arrest his neighbor. Can the neighbor be arrested?

No - At this point, the man can file a complaint against his neighbor, but he cannot arrest him.

An officer saw a young man painting graffiti on the side of a building. The man saw the officer and ran. The officer pursued the man, but lost him after a few blocks. Two days later, the officer saw the man again and arrested him. Did the officer act appropriately?

No - The officer may not arrest him but can detain him for warrant information. (stale misdemeanor) if a juvenile, the officer can arrest

An adult male held to answer for unlawful sexual intercourse with a minor female presented evidence that he had a good faith, reasonable belief based on the girl's appearance, actions, and representations that she was 18 years old and a voluntary participant in the act. Is the male still guilty?

No - there is no criminal intent because the defendant reasonably believed that the female had reached the age of consent

A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. Did the man commit robbery?

No, the crime is not complete because he did not get the money. (he committed attempted Robbery)

A sober person driving a vehicle in good mechanical condition was traveling within the posted speed limit on a dry, clear day. Without warning, a pedestrian darted out from behind a parked car in the middle of the block and into the path of the vehicle. The car struck and injured the pedestrian. what crime, if any, did the driver commit?

None - The injury was unintentional with no evil design (intent) on the part of the driver

Stereo speakers, matching the description of a stolen item, were left on the back seat of a vehicle that was parked in a lot open to general pedestrian traffic. Why can the officer legally see the speakers?

Plain view searches

A man was being arrested for stealing a bicycle that had been locked up in front of a convenience store. While being handcuffed, he broke free from the peace officer's grip and ran away. The officer eventually subdued the man. Along with the original crime, the man committed what crime?

Resisting a peace officer - misd and Attempting to escape, or escaping from the custody - Misd

The defendant shot at an intended victim with intent to kill him, but instead hit and killed a bystander. Why would the defendant still be guilty of murder?

The intent transfers from the intended victim to the bystander.

An officer responded to a domestic violence call and found a woman whose ex-boyfriend admitted hitting her. The woman did not want to press charges and was unwilling to make a citizen's arrest. What should the officer do?

The officer could make a valid arrest for misdemeanor domestic battery because of probable cause, and Penal Code Section 836(d) provides an exception to the "in your presence" requirement.

Peace officers arrested a man next to his car at the scene of a petty theft. They conducted a search of the man's vehicle as he stood nearby. Did the officers act appropriately? Why?

The search was considered contemporaneous and legal because the man had access to the car at the time of the search.

While assigned to night foot patrol, a uniformed officer observed a man walking by a closed jewelry store. The man walked back and forth, looking at all corners of the window, as well as at the alarm box on the wall. The officer had been informed that there had been several "smash-and-grab" burglaries in the area. The officer approached the man and asked for identification. The man started to walk away without answering. The officer stepped in front of the man to prevent him from leaving the area. What kind of stop is this? is it legal?

This is a legal detention

At a trial for embezzlement, Bill testified against the defendant, his former business partner. Two days later, while the jury was deliberating, Bill received a letter from the defendant stating "you'll be sorry for what you did." The letter also stated that the business they had formerly owned together would be "torched." What crime, if any, was committed?

Threats of Retaliation - Felony

A peace officer got out of the patrol car to question a man loitering on a street corner. The subject, using only his fists, attacked the officer. The attack was of such force and violence to cause the officer to reasonably believe there was danger of being seriously injured. Provided that all other reasonable means of self defense had been exhausted or would have been ineffective, the officer would have had the authority to use deadly force in self-defense. True or False?

True

An officer arrests a suspect for burglary. After the officer read the arrestee his Miranda rights, the arrestee waives his rights and agrees to answer questions. During questioning the arrestee confesses to the crime. If challenged in court the confession will not be suppressed because the officer obtained a knowing, voluntary waiver of the arrestee's 5th Amendment Right against self-incrimination before obtaining the confession. True or False?

True

A peace officer attempted to use pepper spray to subdue a belligerent suspect. In the course of the officer's actions, the suspect grabbed the can of pepper spray from the officer's hand. The officer was able to physically subdue the suspect before he could use the spray on him. By taking the officer's chemical weapon, the suspect was guilty of the crime of removing or taking any weapon other than a firearm from an officer. True or False?

True - Felony

Upon approaching a convenience store late at night, Frank was stopped in the parking lot by a man with a gun. The man gave Frank an unloaded pistol and ordered him to rob the convenience store. The man tells Frank that he would be watching him through the window and would "cap him" if he didn't rob the store. Frank robbed the store and gave the gunman the proceeds. Frank is not guilty of armed robbery. True or False?

True - Frank has acted under threat or menace and lacks the criminal intent necessary for him to be guilty of a crime.

The members of a garment maker's union were on strike and picketed in front of a local retail store. The group was peaceful and did not block the sidewalk. The purpose of the group was to inform shoppers of a certain manufacturer's unfair labor practices. Members of the group decided they weren't getting enough attention and used bull horns and amplification devices to yell out their message. The noise became so loud that the store owner and other merchants along the street, and residents in a nearby apartment building, began to complain. The assembly became an unlawful assembly when members of the group began to disrupt the peace with their noise. True or False?

True = Misd (boisterous or tumultuous manner)

An officer arrived at the home of a woman who had reported a prowler. The officer found a man in the backyard of the home but the man claimed that he lived there. The woman identified the man as her former business partner and showed the officer a valid Temporary Restraining Order which forbade the man from coming within 100 feet of the woman. Upon questioning, the man admitted that he had been properly served with the order one week prior to the incident. What crime, if any, should the officer charge him with?

Violating a Court Order - Misd

An officer detained a person as a suspect in a battery. Because the badly beaten victim was still recovering in a nearby hospital, the officer took the detainee to the hospital for the victim to view for identification purposes. Did the officer act appropriately?

Yes

An officer verbally encouraged a witness to include any details she could remember regarding an armed robbery. As the woman spoke, one officer kept looking over to his partner and rolling his eyes when he thought the witness would not notice. The woman did notice. Is it likely she will complete her account abruptly and unintentionally leave out important details?

Yes

While being arrested for bank robbery, the individual tried to flee. The officer lightly touched him, causing the individual to lose his balance and fall; the individual broke his wrist during the fall. Did the officer use reasonable force?

Yes - The amount of force applied by the officer was still considered within reason. It is the officer's conduct, not the injury itself, that must be considered.

After a person asked for a lawyer, he said "I just want to say, off the record, I didn't mean to kill that dude." Is this statement admissible in court?

Yes - Volunteered statement

Undercover officers arranged to purchase a kilo of cocaine. The seller, after showing a sample and seeing the money, drove to his supplier's residence a few miles away, obtained the cocaine, returned to the officers, made the sale, and was arrested. Other officers, who followed the seller and kept the supplier's residence under surveillance, entered and secured the residence pending procurement of a search warrant. Did the officers act appropriately?

Yes - exigency to preserve evidence

An officer responding to a burglary call talked to a neighbor who said two teenagers had just fled with a TV. While investigating, the officer found an open window on the property with a box on the ground beneath it containing a TV. The officer entered the property to see if any burglars or victims might still be inside. Once inside, the officer found a clandestine drug lab in plain view. Is entry, observation, and seizure of the lab legal?

Yes - exigent circumstances

During a trial, the judge decided to adjourn the court proceeding for a lunch break. The judge ordered the officer witness who had been testifying to return after lunch for examination by the defense attorney. The officer witness failed to return. Did the officer commit a crime?

Yes = Violating a Court Order - Misd

A man was detained for shoplifting. When the officer requested identification, the man told the officer he left his wallet along with all of his identification at home. Believing that he could avoid prosecution for the theft, he identified himself with a fictitious name and address. The officer then charged the man with also providing a false identity. Did the officer act appropriately?

Yes = providing a false identity to a peace officer - Misd

A college mathematics instructor found a note on his windshield stating that he would be sorry if he didn't give a passing grade to a particular athlete on the school's football team. Although the instructor ignored the first note, he took the second note seriously when he found it taped to a broken window of his home. An officer questioned the athlete mentioned in the notes and the athlete admitted that he had written the notes himself. Along with the crime involving the destruction of property, was another crime committed?

Yes = threatening public officers, employees, or school officials. - Felony

A search warrant authorized the search of a residence for heroin and indications of ownership and identification. Where can peace officers search?

any place that might contain these items, including any closed containers.

A woman told a drug dealer that she wanted to purchase heroin from him. Although she did not realize it, the dealer sold the woman talcum powder. What crime, if any, occurred?

attempted to possess a controlled substance - Misd

A man was distraught by what he felt were false charges brought against his son. He contacted the assistant district attorney in charge of the case and threatened to harm the attorney's son if the charges were not dropped. The attorney was not influenced by the threat. What crime, if any, was committed?

attempting to deter an executive officer from the performance of his duties - Felony (Obstructing or resisting an Executive Officer)

Two state correctional officers were transporting a prisoner to a state prison and became involved in an automobile accident. The officer who had been driving was severely injured, but the prisoner and other officer received only minor injuries. While the passenger officer attempted to aid his partner, the prisoner took advantage of the distraction, kicked the officer in the back and fled. Additional officers who arrived on the scene gave chase and were able to take the prisoner into custody. What crime was Committed?

attempting to escape from a state prison by means of force or violence - Felony

During a struggle to subdue a suspect, an officer's firearm fell from the officer's holster. The suspect kicked the firearm away from the officer and then attempted to pick it up. Another officer was able to intercede and prevent the suspect from reaching the firearm. What crime did the suspect commit?

attempting to remove a firearm from an officer - Felony

An officer impounded a vehicle because the driver, also the sole occupant, had no valid driver's license. While waiting for the tow truck, the officer should do what?

conducted a vehicle inventory the officer can lawfully seize any narcotics found as evidence

A young man reported to a peace officer that his car had been stolen from the parking lot of a local shopping area. The young man falsely reported the crime because he did not want his father to find out that he damaged the car in a minor traffic accident. What crime, if any, occurred?

falsely reporting a crime - MIsd

A high school principal received a phone call from an unidentified person stating that a bomb had been placed in a student locker in the school building. Law enforcement officials were notified, and the building was evacuated. After the building was thoroughly searched, the report was deemed to be false. Later it was determined that a student, on a dare from some of his friends, had made the phone call and falsely reported the bomb. What crime occurred?

falsely reporting a destructive device - Misd

A woman left her locked briefcase and its key with her coworker. Later, the coworker gave an investigating officer permission to open the briefcase to search it. By giving the coworker the key, what did the woman relinquish?

her expectation of privacy over to the coworker

Deputy Jones used an empathetic tone of voice while interviewing a rape victim, but he also glanced at his watch frequently while she was talking. Because of the officer's negative nonverbal signals, the victim began to feel that the officer was thinking about other things and did not really care about what had happened to her. The victim felt even more demeaned and stopped talking. Did the officer act appropriately?

no

When a peace officer started checking whether the person she had detained had an outstanding warrant, the person turned and ran. The officer chased him and grabbed him. When he continued to struggle, the officer handcuffed him, walked him back to her car, and confirmed the outstanding warrant. Did the officer use excessive force?

no

After a suspect placed narcotics in his mouth in an attempt to swallow them, an officer applied a choke hold to the suspect's neck to prevent swallowing. Did the officer act appropriately?

no - Choke holds are never allowed! The officer's actions could be considered reasonable if the officer noted that, during the application of a neck hold, the suspect was able to breathe and speak, because the suspect continued to shout profanities at the officer.

Officers saw two men walk past each other in an alley in an area with a lot of drug-trafficking. They believed the men would have met each other if the officers had not been there. This "looked suspicious" to the officers, so they contacted one of the men and asked for identification. When he refused, they ordered him to stay and investigated further. Was this a legal detention?

no - Refusal to cooperate, by itself, is not reason enough to detain, so the detention was illegal.

During a riot, an officer witnessed two men shoplifting from a store in the area. When the men fled the scene, the officer drew his firearm and ordered the men to stop. They ignored the officer's commands. The officer fired at the fleeing subjects and fatally shot one. Did the officer act appropriately?

no - Since the offense witnessed by the officer was a misdemeanor and non-violent

An officer arrests a subject for burglary. Before reading the arrestee his Miranda Rights, the officer questions him about the crime and the arrestee confesses. Did the Officer act Appropriately?

no - The confession will be suppressed in court because the officer cannot show that the arrestee knowingly, voluntarily and intelligently waived his 5th Amendment Right against self-incrimination.

A neighbor called the police to report that there seemed to be suspicious activity in the house next door; the owner is known to be away on vacation. A burglar, surprised by a peace officer entering the room, shot at the officer and missed. After missing the officer, the burglar threw his weapon down and surrendered to the officer. Can the officers still use deadly force?

no - The officer was no longer in imminent danger of being seriously injured or killed and no longer had the authority to use deadly force. The burglar should be apprehended through other means.

While talking to a murder suspect, after giving the Miranda warning, two sheriff's deputies told the suspect they wanted to help prevent him "from getting the death penalty." They also told him about a "hypothetical" case where the individual who had cooperated with the police got charged with manslaughter instead of murder. The suspect waived his rights and made a tape-recorded confession. was the confession valid?

no - The waiver was invalid since it resulted from improper coercion, threats, and promises of leniency.

an armed person, who had been apprehended inside a busy supermarket and had apparently discarded his gun somewhere in the store, was asked where the gun was located. Does he need to be mirandized first?

no - emergency (threat to further life)

Officers, with probable cause to believe a suspect committed a murder, took scrapings for analysis from under the suspect's fingernails. Did this seizure require a warrant?

no - seizure was considered reasonable, both because the intrusion was minor and because the evidence was easily destructible.

Late one evening, an officer observed someone sitting alone in a parked car in the empty parking lot of a closed business. Wishing to investigate, the officer drove up to the parked car. He turned on his emergency lights to identify himself as a peace officer. Did the Officer act appropriately?

no - the officer's red light means "Stop," this was an illegal detention.

A search warrant authorized the search for a particular suspect in the home of his ex-wife. can Officers search any container at the residence?

no, only containers the man could hide in.

Julia accidentally picked up someone else's coat when she quickly left a meeting. Julia is able to show that she intended to leave with her own very similar coat. Julia returned the coat. What crime, if any, occurred?

none - Julia has not committed a crime; she has made a mistake.

A commercial property was found unlocked and unattended. The officer entered the property to locate the name and phone number of the owner and to see if there were any signs of someone inside. While inside, the officer discovered contraband in plain view. What exigency, if any, do the officers have?

prevent damage or further damage to the property

Two officers were investigating a truck hijacking that occurred earlier in the day. When the officers arrested three of the known suspects outside of a residence, one of the suspects told the officers that the fourth suspect was inside the home. What exigency, if any, do the officers have?

prevent the escape of the fourth suspect

Two officers detained a man to question him regarding an assault. As one of the officers turned to talk to his partner, the man reached for the officer's firearm and was able to pull it from the officer's holster before the officer could take action. The officer's partner grabbed the man's hand and gained control before the man could use the firearm against the officers. what crime was committed?

taking an officer's firearm - Felony

A traffic stop, originally based on an excessively loud muffler, was prolonged to ascertain positive identification and vehicle ownership when the driver did not have a license, the car was not registered to any of the three male occupants, and the occupants gave conflicting answers to questions. Did the officer act appropriately?

yes

After seeing a bulge under an individual's shirt, the officer conducted a cursory search of the person. Unable to determine the nature of the bulge, the officer began to manipulate the bulge to determine if it was a weapon. Did the officer act appropriately?

yes

A male defendant contests the search of his tool box that he had locked and placed in a friend's garage. does he have standing?

yes - By locking the tool box, the owner demonstrated an expected level of privacy over its contents. Only the owner of the tool box, not the friend who owned the garage, would have standing to challenge the legality of the search of the tool box.

The driver of a vehicle was taken into custody for driving while under the influence of alcohol. While conducting a search of the vehicle, the officers opened and searched the belongings of a hitchhiker whom the driver had picked up prior to the vehicle stop. Did the officers act appropriately? Why?

yes - Even though the items did not belong to the arrestee, the search was legal because the items were in the passenger compartment of the vehicle.

Blood to test for drugs or alcohol was taken from a sniper who was acting "crazy" when police caught him in the act. Was the warrantless seizure legal?

yes - No warrant was required since the evidence was evanescent and was relevant to the suspect's mental state at the time of the offense.

A college student who attended classes in the nearby university lived in the basement area of his parents' residence. His parents offered the area to him without rent to help offset the cost of tuition. His mother, who cleaned the area for her son and otherwise passed freely through the area to get to the laundry facilities, consented to a peace officer's request to enter the son's living space to search for stolen computer equipment. can the mother give consent to search?

yes - Since the mother had open access to the son's living area, and since the son did not pay rent, the mother had authority to consent to the search.

A male suspect was working with a female suspect selling drugs from the woman's residence. A few blocks from the woman's house, in public and in front of onlookers, police stopped the male suspect and arrested him with drugs he had admittedly obtained from his female partner. The officers had reason to believe that the female partner might learn of the arrest or become suspicious when the male suspect did not return as scheduled. Are the circumstances sufficient for exigency?

yes - The circumstances were sufficient to justify entering and securing the residence while waiting for a search warrant.

A live-in housekeeper gives consent for peace officers to enter and search for illegal weapons in the residence where she works. Can the housekeeper later challenge the legality of the search?

yes - The homeowner has given the housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the legality of the consent search later in court.

Two officers, who had exigent circumstances and probable cause, entered an auto service establishment without a warrant. They found the two suspects for whom they were searching inside and arrested them. The officers then conducted a warrantless search of the desk the suspects had been sitting behind and found cocaine and a handgun. Did the officers act appropriately?

yes - The search was upheld since it was in an area in the suspect's immediate control.

An officer made a vehicle stop for weaving within the lane. The officer determined that the driver was weaving because she spilled coffee in her lap. Was this a legal detention?

yes - based on reasonable suspicion of a reckless driving violation.

Officers were sent to an apartment with a warrant to search for illegal weapons. The resident of the apartment had been arrested in the past by the same officers for armed robbery. The officers had specific reasons to believe the suspect was currently armed and would flee if given the opportunity. For reasons of officer safety and to prevent escape, the officers announced their presence but entered without waiting for a response. Did the officers act appropriately, why?

yes - harm to officers if the suspect had time to arm themself.

An officer identified a car as stolen. When a man approached it, the officer recognized him as someone the officer had previously arrested for car theft. When the officer approached, the man ran into a private residence and slammed the door in the officer's face. The officer immediately pursued and followed him into the house. Did the officer act appropriately?

yes - hot pursuit, an exigent circumstance which excuses knock and notice.

While searching a suspect's residence on a murder case, officers seized a pair of shoes with a "waffle-like" pattern on the soles even though the shoes were not described in the search warrant. One of the officers had personal knowledge that waffle-like shoeprints were left at the scene of the crime by the suspect. Did the officer act appropriately?

yes - other evidence not listed can be collected

While on routine patrol one morning, two officers spotted a young man looking into parked cars in an alley where there had been earlier complaints of vehicle tampering. As the officers drove by slowly, the man tried to hide behind a dumpster. When the officers approached him, the man became nervous, boisterous, and antagonistic. Can the officers legally pat the man down?

yes - reasonable suspicion he has a weapon based on actions and suspected crime.

A man sold a stolen car to his friend. Later, an officer arrested the man. After some remarks about what the man could expect in jail, the officer said to him, "That was sure a cold thing you did to your friend, selling him that hot car." Is this an interrogation?

yes - the officer's remark, though not strictly a question, was likely to elicit an incriminating response.

Two officers were dispatched to a convenience store where a silent alarm was tripped. An armed male subject saw the official patrol vehicle and fled. The officers saw that the store clerk had been shot but was still alive and gesturing toward the fleeing subject. The officers realized that the subject was trying to escape and they had seen that he had a gun. Can the officers use deadly force to prevent escape?

yes - the subject used a firearm to commit the crime and threatened other lives if he escaped

A man saw a woman breaking into a car in a shopping mall parking lot. He confronted the woman and told her he wanted her to accompany him to the mall security station. The woman tried to run off; the man grabbed her, confiscated her belongings, and took her to the security office where she was handcuffed, and the police were called. Can he do this?

yes - this is a valid citizens arrest


Related study sets

Hazmat - Will Carry - Provisions for Passengers and Crew

View Set

CR104B Vehicle Electrical and Mechanical Systems

View Set

BEP - Endocrine and Hyperlipidemia

View Set

MHR 322 Formation and Intellectual Property Quiz

View Set