ANSWERS SURE A+
✔✔what are exceptions to the exclusionary rule? - ✔✔1. good faith exception
2. inevitable discovery rule
✔✔When does Miranda apply? - ✔✔1. custody
2. interrogation
3. agent of the government
✔✔When does Miranda not apply? - ✔✔1. not in custody
2. person volunteers info
3. general scene questions
4. most traffic stops
5. routine booking questions
6. if questioning is done by private persons (no police guidance)
7. public safety rule (where's the gun)
8. rescue doctrine
9. inevitable discovery
✔✔what case determined the use of force standard? - ✔✔Graham v. Connor
- objective reasonable standard based on info the officer had at the time, severity of the
crime, danger to officer, risk of flight
✔✔what are the Graham factors? - ✔✔1. severity of the crime
2. How did they actively resist
3. Did the suspect pose an immediate threat to the officer or others
4. fleeing from arrest
5. number of suspects v. officers
6. age, size, gender etc.
7. suspects known violence/ psychiatric history
8. officer time to react
Totality of the Circumstances Standard w/ ORT
✔✔what are the grounds for arrest by officer without a warrant (40-7-103)? - ✔✔1.
offense committed in officer presence
2. committed felony, not in officer presence
3. felony has been committed and officer had reasonable cause to believe person
arrested did it
4. on a charge made upon reasonable cause of commission of a felony by person
arrested
5. attempting to commit suicide
6. traffic accident w/ DUI stuff
7. pursuant to 36-3-619 (domestic violence misd shall arrest aggressor)
,8. traffic accident w/ DUI and driver wad taken to hospital but PC to believe violated 55-
10-401
9. PC to believe person committed offense of stalking 39-17-315
10. vehicle accident w/ hit and run and PC for DUI
11. pursuant 55-10-119 (no valid DL/proof of insurance)
12. PC violated 1 or more conditions of release or OP
✔✔what is the Spanish word to sign? - ✔✔firmar
✔✔what are the 2 methods of breaking? - ✔✔Threshold and ABS
(types are Conventional and ABS)
✔✔what schedule is hydroponic marijuana? - ✔✔schedule 6
✔✔what schedule is marijuana? - ✔✔schedule 6
✔✔what schedule is cocaine? - ✔✔Schedule 2
✔✔what level charge is theft under $1000? - ✔✔class A misdemeanor
✔✔how many flashlights should a police officer carry? - ✔✔one is none, two is enough
(minimum of 2)
✔✔how many people does it take to secure a perimeter around a structure? - ✔✔2
✔✔what are the 2 types of steering? - ✔✔shuffle and slip
✔✔what are the 3 tests for DUI SFST? - ✔✔1. horizontal gaze nystagmus
2. walk and turn
3. one leg stand
✔✔what is the TCA for running emergency vehicle operations? - ✔✔55-8-108
✔✔what are passive safety devices? - ✔✔safety devices always on in the vehicle:
airbags, headrest etc.
✔✔what are active safety devices? - ✔✔safety devices we have to activate: seatbelt,
body armor, securing equipment, vehicle maintenance, defensive driving etc.
✔✔What is the TCA for deadly force? - ✔✔39-11-620
✔✔What is the TN state court system derived from? - ✔✔English Common Law and an
offspring of N. Carolina interpretation
, ✔✔What is the legal hierarchy in TN? - ✔✔Everything starts with the U.S. constitution
(base/floor), states can give more protection but not less. TN laws are T.C.A. Hierarchy
is comprised of U.S. constitution, state constitution and laws.
✔✔What are the steps in the state court system? - ✔✔1. arrest
2. general sessions
3. grand jury
4. trial
5. appeal
✔✔How many times is probable cause checked for? - ✔✔3 times.
1. at initial appearance before a magistrate (examination before commitment)
2. at the preliminary hearing in general sessions (this right can be waived)
3. at grand jury
✔✔Who issues an arrest warrant? - ✔✔Magistrate (TCA 40-5-101) which can be a
judge of the supreme court, judge of the circuit and criminal courts, judicial
commissioners, judges of general sessions, city judges with g.s. jurisdiction (most don't
have this), and juvenile court judges
✔✔What are the factors to determine admissibility of identification in suspect
identification? - ✔✔1. opportunity of witness to see the criminal at the time of the crime
2. degree of witness attention
3. accuracy of and prior description (clothing differences State v. Jennings)
4. level of certainty demonstrated by witness
5. time span btwn crime and confrontation (needs to be nearly immediately- 20 minutes
at most)
*all factors establish reliability
✔✔What makes a good show up/line up/photo line up? - ✔✔discuss with DA, 6 or more
choices, one suspect, suspect need to have same general characteristics, high quality if
photo, no incarcerated photos, document results
✔✔How many copies of warrants are needed? - ✔✔1. court copy filed after is has been
returned and signed by the judge
2. copy for place to be searched left with defendant
3. judges copy
(should make sure you have one too)
✔✔What are the 6 essential nutrients? - ✔✔carbohydrates, fats, proteins, vitamins,
minerals, water
✔✔What is important to know about organic food? - ✔✔it is not always free of
chemicals