FCP Exam UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
In November seven members of the Del Ray Police Narcotics Squad arrested Steven Matt in
his grocery store, Matt's Market. The officers had a valid arrest warrant, but, although they
had probable cause to search and were in the process of securing a search warrant, they did
not yet have a warrant to search the premises. Because they received credible information
that Matt might be armed, the officers entered the store with weapons drawn. The few
customers in the store were escorted out, and Matt, who was behind the counter, was seized,
handcuffed, and informed of his Miranda rights. With matters in hand, the officers holstered
their weapons. The officers then told Matt they would like to search his store and asked for
his consent. At first Matt said nothing, and one of the officers said, "Look, you do what you
want. We have sufficient information to get a search warrant and will secure one by this
afternoon or tomorro - CORRECT ANSWER (a) Deny the motion because Matt's
reference to a lawyer while in the grocery store was an anticipatory invocation of counsel
which does not trigger Miranda's right to counsel rules.
In the early morning hours of a December day, officer Kay Vincent spotted Alex Reuben
speeding down Highway 22. After pulling him over, the officer approached the car. She
smelled alcohol on his breath and observed that his eyes were glazed and bloodshot and that
his face was flushed. Officer Vincent asked Reuben where he was coming from, and he
answered, "The Flamingo Bar, up the road there." Officer Vincent then asked Reuben to exit
the vehicle and to perform several standard sobriety tests, such as lifting one leg and walking
heel to toe in a straight line while counting each of the paces. Reuben performed these tests
poorly and told the officer it was because he had been drinking. Officer Vincent then
handcuffed Reuben and transported him to a county Detention Center where all proceedings
were routinely videotaped. Reuben had not been given any Miranda warnings.
At the Detention Center, Officer Vincent asked Reub - CORRECT ANSWER (c) Admit
all of the statements and the video.
Police Officers responded to a radio broadcast about a forcible theft of a wallet from Rye
Allen, the victim, who provided a description of the suspect. They stopped a car driven by
Leland Jordan who matched the description of the robber. In the car, the police found the
stolen wallet, a knife, and a gun. In the preceding weeks and in the same general vicinity,
there had been a series of robberies at gas stations, cash machines, and restaurants. Jordan
was formally charged with one count of robbery in connection with the forcible theft of Rye
Allen's wallet, arraigned on that charge, and released on bail. Shortly after his release, the
prosecutor in the case sought a court order directing Jordan to appear in a line-up. His
attorney was also notified, and she appeared with her client on the appointed day. Jordan was
,placed in a line-up with five other men who resembled him in appearance but were all
somewhat shorter. - CORRECT ANSWER (a) On appeal, the trial judge's ruling will
not be overturned unless it was an abuse of the court's discretion.
Michael Chase was the founder and executive director of The Chase Foundation, a major
national charitable organization which collected money for veterans, homeless families, and
sick children One day FBI Agent Roemer received an anonymous telephone call from a man
identifying himself as "someone within the executive ranks of the Chase Foundation." The
caller said that Chase was skimming money from the Foundation and using it for his own
purposes, and then hung up. Two weeks later Agent Roemer received another call from the
same anonymous person. The caller, sounding indignant, said, "Why haven't you done
anything about that thief Chase? He's taking money from really needy folks and you're letting
him get away with it." Struck by something in the caller's voice, Agent Roemer decided to do
some investigating. She went to the Chase Foundation and talked to various officers, but she
was unable to uncover anything. She th - CORRECT ANSWER (d) Reverse the trial
court's ruling because the trial court lacked a substantial basis for concluding that probable
cause existed and the warrant was hopelessly overbroad.
Officer Knight noticed a van with a broken tail light and legitimately signaled it to stop. After
checking the driver's license and registration, Officer Knight gave the drive a warning, told
him he was free to leave, and began to walk away. Almost immediately, however, the officer
turned back toward the driver and politely asked if he was carrying any guns or drugs. The
driver said no, and Officer Knight asked, "Well do you mind if I search the car?" The driver
turned to the passengers in the vehicle and whispered something the officer could not hear.
The Driver then exited the vehicle. Officer Knight noticed a large bulge in the driver's pocket,
which he appeared to want to conceal. Officer Knight then frisked the driver and noted that
the bulge felt like a weapon. The officer instructed the driver to empty his pocket. At first the
driver emptied the other pocket, but when Officer Knight repeated his order he final -
CORRECT ANSWER A. Deny the emotion because the officer lawfully stopped the
driver and developed a reasonable suspicion that he was armed and dangerous.
Yasmin and Betty were driving down Route 66 in Yasmin's red pick-up truck. They were
headed to the beach and had thrown their bags in the open flatbed back of the truck. Each had
a large canvas duffel bag with her name flamboyantly embroidered on each side. Officer Brig
stopped the truck after seeing it sway across the center line of the highway. Upon
approaching the vehicle, Officer Brig smelled the odor of marijuana coming from the cab of
the truck. He asked Yasmin and Betty to step out of the vehicle, took down their names, and
directed them to stand apart, each one positioned at one of the truck's front headlights. Officer
Brig then visually inspected the interior of the cab and opened and examined containers, such
as a toolbox and a can of tennis balls. He found nothing to account for the marijuana smell.
, He then approached Yasmin and asked for her driver's license and registration. Yasmin
appeared nervous and s - CORRECT ANSWER D. Deny the motion because the smell
of marijuana and Yasmin's admission gave the officer probable cause to believe there was
marijuana in the truck, and he was entitled to search all containers that could contain it.
A man placed a 911 call to police headquarters and reported that a 19 year old African
American male named Lucky had raped and murdered a female. The caller said that the
victim's body could be found in the basement at 1704 N. 37th Street, a residence the caller
described as a drug house. The caller identified himself as Anthony Carter and stated that he
lived in the neighborhood. Two police officers immediately traveled to 1704 N. 37th St. The
building was a duplex with upper and lower units. The lower unit was 1704. Standing in front
of the building was a young African American male calmly holding a dog on a chain. The
street was quiet. The young man identified himself as Clarence Richardson and said he lived
in unit 1704. The police officers explained to Richardson that they had received a 911 call
reporting a murder. Richardson told the officers that nothing was going on and that "its just
another prank call from - CORRECT ANSWER C. Deny the motion because, in the
circumstances, it was reasonable to believe that a person was dead or near death and to search
for the victim on the premises.
Police developed probable cause to arrest Simone for theft. They also had probable cause to
search her home for the stolen item, namely a valuable pendant inscribed, "To Fifi, with
love." Police secured a search warrant but elected not to get an arrest warrant. Police went to
Simone's house, and upon knocking and announcing themselves, let themselves in after no
one answered the door after several minutes. Inside, the police saw an individual seated on
the living room sofa listening to music through headphones. Police approached, explained
their presence, and immediately arrested Simone when she identified herself. One officer then
searched her and found the pendant inside her pants pocket. Another officer searched the area
around the living room sofa and recovered an unregistered gun in a closed drawer of the
coffee table.
Simone is charged with theft of the pendant and illegal possession of a gun. Prior to her tr -
CORRECT ANSWER B. The motion should denied because the pendant and the gun
were seized pursuant to a valid search incident to arrest.
Police developed probable cause to arrest Simone for theft. They also had probable cause to
search her home for the stolen item, namely a valuable pendant inscribed, "To Fifi, with
love." Police secured a search warrant but elected not to get an arrest warrant. Police went to
Simone's house, and upon knocking and announcing themselves, let themselves in after no
one answered the door after several minutes. Inside, the police saw an individual seated on
QUESTIONS AND CORRECT ANSWERS
In November seven members of the Del Ray Police Narcotics Squad arrested Steven Matt in
his grocery store, Matt's Market. The officers had a valid arrest warrant, but, although they
had probable cause to search and were in the process of securing a search warrant, they did
not yet have a warrant to search the premises. Because they received credible information
that Matt might be armed, the officers entered the store with weapons drawn. The few
customers in the store were escorted out, and Matt, who was behind the counter, was seized,
handcuffed, and informed of his Miranda rights. With matters in hand, the officers holstered
their weapons. The officers then told Matt they would like to search his store and asked for
his consent. At first Matt said nothing, and one of the officers said, "Look, you do what you
want. We have sufficient information to get a search warrant and will secure one by this
afternoon or tomorro - CORRECT ANSWER (a) Deny the motion because Matt's
reference to a lawyer while in the grocery store was an anticipatory invocation of counsel
which does not trigger Miranda's right to counsel rules.
In the early morning hours of a December day, officer Kay Vincent spotted Alex Reuben
speeding down Highway 22. After pulling him over, the officer approached the car. She
smelled alcohol on his breath and observed that his eyes were glazed and bloodshot and that
his face was flushed. Officer Vincent asked Reuben where he was coming from, and he
answered, "The Flamingo Bar, up the road there." Officer Vincent then asked Reuben to exit
the vehicle and to perform several standard sobriety tests, such as lifting one leg and walking
heel to toe in a straight line while counting each of the paces. Reuben performed these tests
poorly and told the officer it was because he had been drinking. Officer Vincent then
handcuffed Reuben and transported him to a county Detention Center where all proceedings
were routinely videotaped. Reuben had not been given any Miranda warnings.
At the Detention Center, Officer Vincent asked Reub - CORRECT ANSWER (c) Admit
all of the statements and the video.
Police Officers responded to a radio broadcast about a forcible theft of a wallet from Rye
Allen, the victim, who provided a description of the suspect. They stopped a car driven by
Leland Jordan who matched the description of the robber. In the car, the police found the
stolen wallet, a knife, and a gun. In the preceding weeks and in the same general vicinity,
there had been a series of robberies at gas stations, cash machines, and restaurants. Jordan
was formally charged with one count of robbery in connection with the forcible theft of Rye
Allen's wallet, arraigned on that charge, and released on bail. Shortly after his release, the
prosecutor in the case sought a court order directing Jordan to appear in a line-up. His
attorney was also notified, and she appeared with her client on the appointed day. Jordan was
,placed in a line-up with five other men who resembled him in appearance but were all
somewhat shorter. - CORRECT ANSWER (a) On appeal, the trial judge's ruling will
not be overturned unless it was an abuse of the court's discretion.
Michael Chase was the founder and executive director of The Chase Foundation, a major
national charitable organization which collected money for veterans, homeless families, and
sick children One day FBI Agent Roemer received an anonymous telephone call from a man
identifying himself as "someone within the executive ranks of the Chase Foundation." The
caller said that Chase was skimming money from the Foundation and using it for his own
purposes, and then hung up. Two weeks later Agent Roemer received another call from the
same anonymous person. The caller, sounding indignant, said, "Why haven't you done
anything about that thief Chase? He's taking money from really needy folks and you're letting
him get away with it." Struck by something in the caller's voice, Agent Roemer decided to do
some investigating. She went to the Chase Foundation and talked to various officers, but she
was unable to uncover anything. She th - CORRECT ANSWER (d) Reverse the trial
court's ruling because the trial court lacked a substantial basis for concluding that probable
cause existed and the warrant was hopelessly overbroad.
Officer Knight noticed a van with a broken tail light and legitimately signaled it to stop. After
checking the driver's license and registration, Officer Knight gave the drive a warning, told
him he was free to leave, and began to walk away. Almost immediately, however, the officer
turned back toward the driver and politely asked if he was carrying any guns or drugs. The
driver said no, and Officer Knight asked, "Well do you mind if I search the car?" The driver
turned to the passengers in the vehicle and whispered something the officer could not hear.
The Driver then exited the vehicle. Officer Knight noticed a large bulge in the driver's pocket,
which he appeared to want to conceal. Officer Knight then frisked the driver and noted that
the bulge felt like a weapon. The officer instructed the driver to empty his pocket. At first the
driver emptied the other pocket, but when Officer Knight repeated his order he final -
CORRECT ANSWER A. Deny the emotion because the officer lawfully stopped the
driver and developed a reasonable suspicion that he was armed and dangerous.
Yasmin and Betty were driving down Route 66 in Yasmin's red pick-up truck. They were
headed to the beach and had thrown their bags in the open flatbed back of the truck. Each had
a large canvas duffel bag with her name flamboyantly embroidered on each side. Officer Brig
stopped the truck after seeing it sway across the center line of the highway. Upon
approaching the vehicle, Officer Brig smelled the odor of marijuana coming from the cab of
the truck. He asked Yasmin and Betty to step out of the vehicle, took down their names, and
directed them to stand apart, each one positioned at one of the truck's front headlights. Officer
Brig then visually inspected the interior of the cab and opened and examined containers, such
as a toolbox and a can of tennis balls. He found nothing to account for the marijuana smell.
, He then approached Yasmin and asked for her driver's license and registration. Yasmin
appeared nervous and s - CORRECT ANSWER D. Deny the motion because the smell
of marijuana and Yasmin's admission gave the officer probable cause to believe there was
marijuana in the truck, and he was entitled to search all containers that could contain it.
A man placed a 911 call to police headquarters and reported that a 19 year old African
American male named Lucky had raped and murdered a female. The caller said that the
victim's body could be found in the basement at 1704 N. 37th Street, a residence the caller
described as a drug house. The caller identified himself as Anthony Carter and stated that he
lived in the neighborhood. Two police officers immediately traveled to 1704 N. 37th St. The
building was a duplex with upper and lower units. The lower unit was 1704. Standing in front
of the building was a young African American male calmly holding a dog on a chain. The
street was quiet. The young man identified himself as Clarence Richardson and said he lived
in unit 1704. The police officers explained to Richardson that they had received a 911 call
reporting a murder. Richardson told the officers that nothing was going on and that "its just
another prank call from - CORRECT ANSWER C. Deny the motion because, in the
circumstances, it was reasonable to believe that a person was dead or near death and to search
for the victim on the premises.
Police developed probable cause to arrest Simone for theft. They also had probable cause to
search her home for the stolen item, namely a valuable pendant inscribed, "To Fifi, with
love." Police secured a search warrant but elected not to get an arrest warrant. Police went to
Simone's house, and upon knocking and announcing themselves, let themselves in after no
one answered the door after several minutes. Inside, the police saw an individual seated on
the living room sofa listening to music through headphones. Police approached, explained
their presence, and immediately arrested Simone when she identified herself. One officer then
searched her and found the pendant inside her pants pocket. Another officer searched the area
around the living room sofa and recovered an unregistered gun in a closed drawer of the
coffee table.
Simone is charged with theft of the pendant and illegal possession of a gun. Prior to her tr -
CORRECT ANSWER B. The motion should denied because the pendant and the gun
were seized pursuant to a valid search incident to arrest.
Police developed probable cause to arrest Simone for theft. They also had probable cause to
search her home for the stolen item, namely a valuable pendant inscribed, "To Fifi, with
love." Police secured a search warrant but elected not to get an arrest warrant. Police went to
Simone's house, and upon knocking and announcing themselves, let themselves in after no
one answered the door after several minutes. Inside, the police saw an individual seated on
