TCOLE Arrest, Search, and Seizure Questions
and Answers (100% Correct Answers) Already
Graded A+
Consensual Encounter [ Ans: ] Approaching and asking
questions of persons so long as officers recognize that
those persons can refuse to identify themselves, refuse to
cooperate, refuses to answer questions, and walk away
Investigatory Detention/Stops [ Ans: ] The temporary
seizure of a person for investigation based ON AN
OFFICER'S REASONABLE SUSPICION of criminal activity.
(Holding a person, for a limited time, who is not yet under
arrest)
To take a person into custody for purposes of charging
them with a crime based on an officer's establishment of
probable cause is called? [ Ans: ] Arrest
What is imagining guilt on slight evidence and without
proof or an inarticulate hunch that is susceptible to error?
[ Ans: ] Suspicion
An objective, articulable suspicion that criminal activity
may be afoot and the person to be detained is connected
with that activity? [ Ans: ] Reasonable suspicion
,How long can a person be temporarily detained? [ Ans: ]
As long as suspicion continues to build
The facts and circumstances within the officer's
knowledge and of which they have reasonable caution in
the belief that an offense has been or is being committed.
[ Ans: ] Probable Cause for arrest
When the facts and circumstances within the officer's
knowledge and of which they had reasonably trustworthy
information are sufficient in themselves to warrant a man
of reasonable caution in the belief that seizable property
would be found in a particular place or on a particular
person? [ Ans: ] Probable Cause for search
On the GScale....
Suspicion = ?
Reasonable Suspicion = ?
Probable Cause = ? [ Ans: ] Suspicion = Consensual
Encounter
Reasonable Suspicion = Temporary Detention
Probable Cause = Arrest
Four Elements Used By Courts That Arrest Has Occurred? [
Ans: ] Intent
Authority
, Actual Seizure
Understanding
When is a person considered arrested? [ Ans: ] When he
has actually been placed in restraint or taken into
custody. (Note: physical force (handcuffs) does not have
to be used...verbal commands can also be considered
"taken into custody")
Refers not only to the actual, corporeal and forcible
detention of a person, but likewise to any coercive
measures by threat, menaces, or the fear of injury,
whereby one person exercises a control over the person of
another, and detains him within certain limits? [ Ans: ]
Custody
The kind of control which one person exercises over
another, not to confine him within certain limits, but to
subject him to the general authority and power of the
person claiming such right? [ Ans: ] Restrain
Once persons in custody indicate their right to remain
silent, interrogations must cease. If the persons in
custody request an attorney, the interrogations must
cease until an attorney is present or, alternatively, until
there is at least a _________ day break in Miranda custody?
[ Ans: ] 14
When can a magistrate order an arrest? [ Ans: ] If an
offense has been commited within his view and if it is a
felony or breach of the peace.
and Answers (100% Correct Answers) Already
Graded A+
Consensual Encounter [ Ans: ] Approaching and asking
questions of persons so long as officers recognize that
those persons can refuse to identify themselves, refuse to
cooperate, refuses to answer questions, and walk away
Investigatory Detention/Stops [ Ans: ] The temporary
seizure of a person for investigation based ON AN
OFFICER'S REASONABLE SUSPICION of criminal activity.
(Holding a person, for a limited time, who is not yet under
arrest)
To take a person into custody for purposes of charging
them with a crime based on an officer's establishment of
probable cause is called? [ Ans: ] Arrest
What is imagining guilt on slight evidence and without
proof or an inarticulate hunch that is susceptible to error?
[ Ans: ] Suspicion
An objective, articulable suspicion that criminal activity
may be afoot and the person to be detained is connected
with that activity? [ Ans: ] Reasonable suspicion
,How long can a person be temporarily detained? [ Ans: ]
As long as suspicion continues to build
The facts and circumstances within the officer's
knowledge and of which they have reasonable caution in
the belief that an offense has been or is being committed.
[ Ans: ] Probable Cause for arrest
When the facts and circumstances within the officer's
knowledge and of which they had reasonably trustworthy
information are sufficient in themselves to warrant a man
of reasonable caution in the belief that seizable property
would be found in a particular place or on a particular
person? [ Ans: ] Probable Cause for search
On the GScale....
Suspicion = ?
Reasonable Suspicion = ?
Probable Cause = ? [ Ans: ] Suspicion = Consensual
Encounter
Reasonable Suspicion = Temporary Detention
Probable Cause = Arrest
Four Elements Used By Courts That Arrest Has Occurred? [
Ans: ] Intent
Authority
, Actual Seizure
Understanding
When is a person considered arrested? [ Ans: ] When he
has actually been placed in restraint or taken into
custody. (Note: physical force (handcuffs) does not have
to be used...verbal commands can also be considered
"taken into custody")
Refers not only to the actual, corporeal and forcible
detention of a person, but likewise to any coercive
measures by threat, menaces, or the fear of injury,
whereby one person exercises a control over the person of
another, and detains him within certain limits? [ Ans: ]
Custody
The kind of control which one person exercises over
another, not to confine him within certain limits, but to
subject him to the general authority and power of the
person claiming such right? [ Ans: ] Restrain
Once persons in custody indicate their right to remain
silent, interrogations must cease. If the persons in
custody request an attorney, the interrogations must
cease until an attorney is present or, alternatively, until
there is at least a _________ day break in Miranda custody?
[ Ans: ] 14
When can a magistrate order an arrest? [ Ans: ] If an
offense has been commited within his view and if it is a
felony or breach of the peace.
