NC BLET 2025 Arrest, Search, Seizure, and Constitutional Law
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Constitutional Law Definition
basic law of the land that provides fundamental principles for government
including grants and limitations of power (interpretations rendered by US Supreme
Court (case law))
Officer John knows the suspect she is interviewing is likely to be arrested. Officer
Johnson does not say or do anything to indicate to the suspect that he is under
arrest. Is the suspect considered in custody for Miranda purposes?
No
During a larceny investigation of a 40" flat screen TV, Officer Powers obtains
consent to search a vehicle driven by a possible suspect. The suspect says, "You
can search my car for the television." During the consent search, Officer Powers
lifts the hood and finds a kilo of heroin in the engine compartment. Officer
Powers seizes the heroin and arrests the suspect.
Given facts provided, was the seizure of heroin by Officer Powers lawful?
no- he exceeds necessity of search
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,3/20/26, 4:29 PM NC BLET 2025 Arrest, Search, Seizure, and Constitutional Law
Two Asheville officers have probable cause to believe a stolen car may be hidden
inside a residential garage at 99 Western Avenue. Before applying for a search
warrant, officers want to see if the homeowner, Mr. McCaul, will give them
consent to search. Officers tell Mr. McCaul about their investigation before asking
him for consent to search the garage. Mr. McCaul asks, "Why are you harassing
me? Do I have to let you search?" Officers tell Mr. McCaul if he refuses to consent,
they will apply for a warrant. Mr. McCaul reluctantly gave officers verbal consent
to search his garage. However, he refused to give officers written consent.
Given facts provided, was consent given by Mr. McCaul to search his garage voluntary?
Yes consent was not involuntary and did not threaten him unlawfully
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,3/20/26, 4:29 PM NC BLET 2025 Arrest, Search, Seizure, and Constitutional Law
During a drug investigation, a fellow officer received consent to search an
apartment. The owner initially provided verbal consent to search but revoked it
when officers began looking in his master bedroom. The owner said, "I want you
to stop searching now." Your fellow officer hears the owner revoke consent but
ignores him and continues searching. The officer finds 2 kilos of heroin, $10,000.00
in cash, and a stolen handgun in the master bedroom.
What will you do?
Stop searching
Officers responded to a security alarm at a home. The alarm was still sounding when
officers arrived, and the back door to the home was open. Officers also found a
broken window. Officers announced their presence and entered the home to
check for intruders or victims. After finding no one inside, an officer opened one
kitchen drawer and
observed two clear plastic baggies containing what appeared to be black tar
heroin inside the kitchen drawer.
Was the entry into the house lawful?Was opening the kitchendrawer lawful?
Yes to entry of
house No to drawer
With a valid warrant in hand for armed robbery, officers entered Amy's apartment and
placed her under arrest outside the front door. At her request, officers allowed Amy to
get some personal items and clothing from her bedroom. The officer who followed Amy
into her bedroom saw a .38 caliber pistol in an open drawer. The pistol was seized.
Given only the facts above, was seizing the pistol lawful since Amy was arrested outside of her
apartment?
Yes never let someone you arrest out of your sight and gun was in plain view
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, 3/20/26, 4:29 PM NC BLET 2025 Arrest, Search, Seizure, and Constitutional Law
A juvenile 15 or younger may not waive what during their Miranda Rights?
right to have parent, guardian, or custodian present
Officer Miller stops a person for jaywalking. When the officer asks for identification, the
individual becomes agitated, avoids eye contact, and appears to be excessively
nervous. Officer Miller then notices a bulge in the person’s jacket pocket, which he
suspects could be a weapon. Officer Miller decides to frisk the person.
Does Officer Miller have reasonable suspicion or probable cause to conduct the frisk?
A) Reasonable suspicion
B) Probable cause
C) Neither
A
Sergeant Lawson observes a car parked outside a known drug house for several
hours. He sees the same car leave the location and follow another car. Sergeant
Lawson then conducts a traffic stop, suspecting that the driver may have been
involved in illegal activity at the drug house. Upon questioning the driver, he gives
inconsistent answers and is acting nervously. The sergeant then searches the vehicle and
finds drug paraphernalia.
What standard did Sergeant Lawson likely meet for the search?
A) Reasonable suspicion
B) Probable cause
C) No justification
B
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