POLICE ACADEMY PRACTICE EXAM TIPS QUESTIONS AND
ANSWERS RATED A+
✔✔1st° felony - ✔✔Max penalty 30 years or $10,000 however kidnapping is a 1st°
felony punishable by life imprisonment
✔✔Second-degree felony - ✔✔Maximum 15 years prison and or $10,000 example
aggravated battery
✔✔3rd° felony - ✔✔Maximum five years and or fine of $5000 for example aggravated
assault
✔✔Examples of reclassification enhancements
(possibly move a MM to a F) - ✔✔Violent offense against law-enforcement officers,
wearing a mask to conceal identity while committing felony or misdemeanor, hate crime,
possessing weapon while committing crime, unlawful taking of law-enforcement's fire
arm during crime, acts of terrorism
✔✔Misdemeanor - ✔✔Criminal offense with a maximum incarceration penalty in county
jail for up to one year
✔✔First-degree misdemeanor - ✔✔Maximum one year in county jail fine of up to $1000
example battery
✔✔Second-degree misdemeanor - ✔✔Maximum 60 days in jail and or $500 fine
example property damage less than $200
✔✔Non-criminal violation - ✔✔A.k.a. civil infraction (not criminal) for which the only
penalty may be a fine, forfeiture, or other civil penalty
✔✔Consensual encounter - ✔✔Occurs when an officer comes into voluntary contact
with the person under circumstances in which reasonable person would feel free to
disregard the police and go about his or her business. It involves no coercion, no
detention, and therefore is not a fourth amendment seizure.
✔✔Florida versus Royer 1983 - ✔✔Circumstances surrounding the encounter that
would make it a consensual encounter:
Was the person physically stopped? Was the person restricted from leaving at any time
during the encounter? Was the person's freedom of movement restricted in anyway?
Was the officer doing more than asking questions?
✔✔Mere suspicion - ✔✔Hunch or a gut feeling -does not grant any enforcement
authority
,✔✔Terry v Ohio 1968 - ✔✔Must have reasonable suspicion that a person was
committing, is committing, or is about to commit a law violation to do an investigative
stop.
✔✔Reasonable suspicion - ✔✔Standard of justification for Terry stop. It means that the
officer can articulate facts to support a suspicion that a person stopped may be involved
in a law violation. The facts and circumstances support of the suspicion that a person
committed a crime, is committing a crime, or is about to commit
✔✔Terry v. Ohio (1968) - ✔✔Law enforcement may frisk the exterior clothing of
someone lawfully detained if the officer has reasonable suspicion to believe that the
person is armed. Limited to outer clothing,containers, and property being carried by
person. (Not a full search)
✔✔Two elements required for lawful patdown or frisk - ✔✔1. Person is lawfully detained
2. Officer has reasonable suspicion that the person possesses a dangerous weapon
✔✔Plain touch/feel doctrine - ✔✔Rule allows the officer to seizes the recognized
contraband during a pat down. Can not manipulate or grope object-only plain touch and
feel
✔✔Is an individual's presence in an area of expected crime activity standing alone
enough to support a reasonable suspicion that the person is committing a crime? -
✔✔No
✔✔The two elements required for a lawful pat down or Frisk are - ✔✔1. The person is
lawfully detained 2. The officer has a reasonable suspicion to believe that the person
possesses a dangerous weapon and can articulate his or her reasons
✔✔Is a frisk restricted to a persons body? - ✔✔No-even the passenger compartment of
an automobile may be frisked based on reasonable belief that an occupant of the
vehicle is armed and dangerous for example during a high risk traffic stop of a vehicle
matching that of an armed robbery suspect
✔✔Pretext stop - ✔✔The officer stops a vehicle due to an equipment you violation but
really wants to investigate other more serious criminal activity. It is lawful according to
Whren versus United States, as long as the officer has an objective basis for the stop
✔✔Whren v. United States - ✔✔Any traffic offense committed by a driver is a legitimate
legal basis for a traffic stop, even if the officer intends on investigating other more
serious crime, as long as it is a legitimate traffic stop
✔✔Probable cause - ✔✔based on totality of the circumstances
, ✔✔Examples of probable cause - ✔✔Computer hit confirming that the vehicle is stolen,
witnesses and victims sworn statements, and the odor of marijuana coming from inside
a car
✔✔Totality of circumstances - ✔✔All of the factors known to the officer at the time of the
incident
✔✔Fellow officer rule - ✔✔Involves relying on the collective knowledge of other officers
when taking law enforcement action an example would be making an investigative stop
based on a bolo
✔✔United States versus Meade - ✔✔Case law that decided that Law-enforcement
officials cooperating in an investigation are entitled to rely upon each other's knowledge
and facts when forming the conclusion that I suspect has committed or is committing a
crime
✔✔Proof beyond a reasonable doubt - ✔✔The standard use to determine if a criminal
defendant is guilty in court- there is no other reasonable explanation than that the
defendant committed the crime
✔✔Can probable cause be based on identifications from photo array, show up's, and
live lineups? - ✔✔Yes
✔✔The burden of proof in Florida for civil cases - ✔✔The greater weight/preponderance
of the evidence
✔✔Burden of proof for administrative proceedings - ✔✔Clear and convincing evidence
✔✔Search - ✔✔Occurs when government intrudes into a place where a person has
reasonable expectation of privacy
✔✔Seizure - ✔✔Occurs when government affects a persons right to have or control his
or her property, usually by physically taking it
✔✔search warrants - ✔✔Court order that authorizes law enforcement. to conduct a
search and seizure
✔✔To be valid a search warrant must: - ✔✔Be signed by neutral judge, be based on
affidavit that states sufficient facts to establish probable cause that evidence of a crime
will be found, and place to be searched
✔✔The person serving the search warrant must have: - ✔✔Jurisdiction
ANSWERS RATED A+
✔✔1st° felony - ✔✔Max penalty 30 years or $10,000 however kidnapping is a 1st°
felony punishable by life imprisonment
✔✔Second-degree felony - ✔✔Maximum 15 years prison and or $10,000 example
aggravated battery
✔✔3rd° felony - ✔✔Maximum five years and or fine of $5000 for example aggravated
assault
✔✔Examples of reclassification enhancements
(possibly move a MM to a F) - ✔✔Violent offense against law-enforcement officers,
wearing a mask to conceal identity while committing felony or misdemeanor, hate crime,
possessing weapon while committing crime, unlawful taking of law-enforcement's fire
arm during crime, acts of terrorism
✔✔Misdemeanor - ✔✔Criminal offense with a maximum incarceration penalty in county
jail for up to one year
✔✔First-degree misdemeanor - ✔✔Maximum one year in county jail fine of up to $1000
example battery
✔✔Second-degree misdemeanor - ✔✔Maximum 60 days in jail and or $500 fine
example property damage less than $200
✔✔Non-criminal violation - ✔✔A.k.a. civil infraction (not criminal) for which the only
penalty may be a fine, forfeiture, or other civil penalty
✔✔Consensual encounter - ✔✔Occurs when an officer comes into voluntary contact
with the person under circumstances in which reasonable person would feel free to
disregard the police and go about his or her business. It involves no coercion, no
detention, and therefore is not a fourth amendment seizure.
✔✔Florida versus Royer 1983 - ✔✔Circumstances surrounding the encounter that
would make it a consensual encounter:
Was the person physically stopped? Was the person restricted from leaving at any time
during the encounter? Was the person's freedom of movement restricted in anyway?
Was the officer doing more than asking questions?
✔✔Mere suspicion - ✔✔Hunch or a gut feeling -does not grant any enforcement
authority
,✔✔Terry v Ohio 1968 - ✔✔Must have reasonable suspicion that a person was
committing, is committing, or is about to commit a law violation to do an investigative
stop.
✔✔Reasonable suspicion - ✔✔Standard of justification for Terry stop. It means that the
officer can articulate facts to support a suspicion that a person stopped may be involved
in a law violation. The facts and circumstances support of the suspicion that a person
committed a crime, is committing a crime, or is about to commit
✔✔Terry v. Ohio (1968) - ✔✔Law enforcement may frisk the exterior clothing of
someone lawfully detained if the officer has reasonable suspicion to believe that the
person is armed. Limited to outer clothing,containers, and property being carried by
person. (Not a full search)
✔✔Two elements required for lawful patdown or frisk - ✔✔1. Person is lawfully detained
2. Officer has reasonable suspicion that the person possesses a dangerous weapon
✔✔Plain touch/feel doctrine - ✔✔Rule allows the officer to seizes the recognized
contraband during a pat down. Can not manipulate or grope object-only plain touch and
feel
✔✔Is an individual's presence in an area of expected crime activity standing alone
enough to support a reasonable suspicion that the person is committing a crime? -
✔✔No
✔✔The two elements required for a lawful pat down or Frisk are - ✔✔1. The person is
lawfully detained 2. The officer has a reasonable suspicion to believe that the person
possesses a dangerous weapon and can articulate his or her reasons
✔✔Is a frisk restricted to a persons body? - ✔✔No-even the passenger compartment of
an automobile may be frisked based on reasonable belief that an occupant of the
vehicle is armed and dangerous for example during a high risk traffic stop of a vehicle
matching that of an armed robbery suspect
✔✔Pretext stop - ✔✔The officer stops a vehicle due to an equipment you violation but
really wants to investigate other more serious criminal activity. It is lawful according to
Whren versus United States, as long as the officer has an objective basis for the stop
✔✔Whren v. United States - ✔✔Any traffic offense committed by a driver is a legitimate
legal basis for a traffic stop, even if the officer intends on investigating other more
serious crime, as long as it is a legitimate traffic stop
✔✔Probable cause - ✔✔based on totality of the circumstances
, ✔✔Examples of probable cause - ✔✔Computer hit confirming that the vehicle is stolen,
witnesses and victims sworn statements, and the odor of marijuana coming from inside
a car
✔✔Totality of circumstances - ✔✔All of the factors known to the officer at the time of the
incident
✔✔Fellow officer rule - ✔✔Involves relying on the collective knowledge of other officers
when taking law enforcement action an example would be making an investigative stop
based on a bolo
✔✔United States versus Meade - ✔✔Case law that decided that Law-enforcement
officials cooperating in an investigation are entitled to rely upon each other's knowledge
and facts when forming the conclusion that I suspect has committed or is committing a
crime
✔✔Proof beyond a reasonable doubt - ✔✔The standard use to determine if a criminal
defendant is guilty in court- there is no other reasonable explanation than that the
defendant committed the crime
✔✔Can probable cause be based on identifications from photo array, show up's, and
live lineups? - ✔✔Yes
✔✔The burden of proof in Florida for civil cases - ✔✔The greater weight/preponderance
of the evidence
✔✔Burden of proof for administrative proceedings - ✔✔Clear and convincing evidence
✔✔Search - ✔✔Occurs when government intrudes into a place where a person has
reasonable expectation of privacy
✔✔Seizure - ✔✔Occurs when government affects a persons right to have or control his
or her property, usually by physically taking it
✔✔search warrants - ✔✔Court order that authorizes law enforcement. to conduct a
search and seizure
✔✔To be valid a search warrant must: - ✔✔Be signed by neutral judge, be based on
affidavit that states sufficient facts to establish probable cause that evidence of a crime
will be found, and place to be searched
✔✔The person serving the search warrant must have: - ✔✔Jurisdiction
