Search and Seizure T/F
Officers can properly base a detention on information they receive from an eyewitness, victim, fellow police officer, dispatcher, or -if accurate- other "Official channels"
True
T/F: A "search" occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the police.
True
T/F: Following a lawful arrest an officer may search any containers (open or closed) which are on his person or under his immediate control.
True
T/F: Generally, evidence that a suspect discards before or during a lawful detention may be seized, examined, and is admissible in court.
True
T/F: If an officer starts exerting or asserting authority over the person by giving orders, making demands, displaying a weapon, or using a harsh tone of voice the contact will be viewed as an unlawful detention unless supported by "reasonable suspicion".
True
T/F: A detention is not temporary and may last as long as is necessary to resolve the circumstances that justified its initiation.
False
T/F: An anonymous tip, by itself, will normally be sufficient to justify a detention or pat down regardless if there is sufficient corroboration or other indications of reliability.
False
T/F: In conjunction with a lawful, custodial arrest, officers are entitled to search the arrestee's person, but not the immediate area around him.
False
T/F: Miranda warnings are necessary when an officer has a situation involving "custody" and "interrogation"
False
T/F: Reasonable suspicion may be based, in whole or in part, on broad profiles which cast suspicion of the particular person to be stopped.
False
T/F: The US Supreme Court has held that it does not make sense from the stand point of officer safety to detain someone.
False
T/F: When challenged, the legality of a search or seizure is always decided during the trial, either as part of the post trial hearing or at a separate pre-trial "suppression" motion, or both.
False
T/F: If during a detention the officer does not learn facts rising to the level of probable cause, the individual must be allowed to go on his way.
True
T/F: If officers see a weapon, contraband, or evidence of a crime in plain view during a detention, they are entitled to seize it without a warrant.
True
T/F: Immediate control means the area within "arm's reach" of the arrestee -- the nearby physical area from which he, in theory, could grab a weapon or destroy or conceal evidence.
True
T/F: Officer safety is a basis for permitting a limited search for weapons also known as a pat down or frisk.
True
T/F: Officers may conduct a pat down or limited weapons search only of a detainee's out clothing (Situations involving officer safety)
True
T/F: Officers should avoid using force and/or physical restraints, such as handcuffs or guns, during a detention situation whenever possible. These "indications of custody" may cause a court to view the detention as an arrest.
True
T/F: Race or Ethnicity is a proper factor to consider when officers make a decision to stop or detain someone if it is part of a description of a specific suspect.
True
T/F: The area that may be searched incident to an arrest is limited to what is within the "immediate control" of the suspect.
True
T/F: When police officers deal with a member of the public, the law will classify it as either a "consensual encounter," a "detention", or an "arrest".
True
T/F: A "seizure" of property occurs when there is some meaningful interference with an individual's possessory interest in that property.
True
T/F: A true emergency situation or "exigency" will allow officers to search a person, just as it will allow them to search a house, vehicle or anything else.
True
T/F: An officer has the right under the "exigency" or "hot pursuit" doctrine to follow a suspect he is chasing into a building.
True
T/F: During a detention, officers have no power to conduct a general, full exploratory search of the suspect.
True
