POST Test 2 Latest 2022
What burden of proof does an officer need to conduct a temporary detainment of an
individual? - ANSWER Reasonable suspicion
What are the exclusions to search warrants? - ANSWER Exigent Circumstances (Fresh
Pursuit, Medical Emergency, Possible Destruction of Evidence, Possible Escape of
Suspect)
What does the 4th Amendment protect? - ANSWER Unlawful Search and Seizure
without probable cause.
What and where is described in warrants? - ANSWER Description of Items to be seized,
affidavit of probable cause, signed by a 3rd party under oath, and a crime that was
committed.
What did the case "Terry v Ohio" define? - ANSWER Stop and Frisk searches for
weapons.
What did the "Chimel v California" case define? - ANSWER During an arrest in a
residence, an officer may only search the area in the "wing span" of the individual to be
seized.
Who must sign a search warrant in order for it to be valid? - ANSWER A judge, under
oath
What the "Arizona v Gant" case define? - ANSWER An officer can only search the area
of a vehicle that is within the reaching distance of the individual being detained. Once
the individual is safe and out of the car the officer must stop searching.
What did the "Mapp v Ohio" case define? - ANSWER This case was the introduction to
the exclusionary rule.
Does one need a warrant to conduct an inventory search? - ANSWER No
What does the term "the fruit from the poisonous tree" mean? - ANSWER This refers to
any evidence obtained during an unlawful search.
What is the difference between proof and evidence? - ANSWER Evidence is any
information (can include testimony, documents, photographs) offered to prove or
disprove guilt, while proof is the establishment of fact through the use of evidence.
What must evidence be to be accepted? - ANSWER Relevant, Reliable, Not unfairly
prejudicial, properly founded, must comply with constitutional requirements
, What are the 2 meanings of a "burden of proof"? - ANSWER Necessity of proving a
certain matter, and the level of proof required to meet minimum requirement for a
verdict.
What is direct evidence? - ANSWER Evidence that proves a fact directly without any
type of inference, testimony from someone with firsthand knowledge of what they saw,
heard, etc.
What is circumstantial evidence? - ANSWER Evidence from which another fact could be
inferred, witnesses did not directly see something occur but they know it to be true.
What is substitute evidence? - ANSWER Evidence that is recognized as fact by the law
and therefore does not have to be proven.
Do direct and circumstantial evidence have different effects? - ANSWER No, they have
the same effect. One is just as good as another from a legal standpoint. Evidence may
be direct evidence of one fact and circumstantial evidence of another.
What is a "presumption"? - ANSWER Certain facts that can be presumed to be true
under the law. The most widely assumed example of this is that a defendant is innocent
until proven guilty.
What is an inference? - ANSWER Proof of one fact allows the inference that another
fact is true. (Essentially the same as circumstantial evidence)
What is the most common form of evidence? - ANSWER Testimony
What is factual testimony? - ANSWER Testimony from a witness as to what they
directly saw, heard, etc.
What is the 3 part test to determine whether of not factual testimony is legally valid? -
ANSWER (1) How do you know?
(2) Do you know?
(3) what do you know
What is opinion testimony? - ANSWER Testimony from a witness that involves the
witness stating their opinion about a certain matter.
What is a lay witness? - ANSWER A normal witness providing an opinion. Opinions
must be rationally based on the perception of the witness, helpful in determining the
witness' testimony or the determination of a fact and issue, and not based on scientific,
technical or specialized knowledge. (Rule 702)
What is an expert witness? - ANSWER A witness whose opinion will bring light to a
certain fact due to their scientific, technical, or other specialized knoweldge.
What burden of proof does an officer need to conduct a temporary detainment of an
individual? - ANSWER Reasonable suspicion
What are the exclusions to search warrants? - ANSWER Exigent Circumstances (Fresh
Pursuit, Medical Emergency, Possible Destruction of Evidence, Possible Escape of
Suspect)
What does the 4th Amendment protect? - ANSWER Unlawful Search and Seizure
without probable cause.
What and where is described in warrants? - ANSWER Description of Items to be seized,
affidavit of probable cause, signed by a 3rd party under oath, and a crime that was
committed.
What did the case "Terry v Ohio" define? - ANSWER Stop and Frisk searches for
weapons.
What did the "Chimel v California" case define? - ANSWER During an arrest in a
residence, an officer may only search the area in the "wing span" of the individual to be
seized.
Who must sign a search warrant in order for it to be valid? - ANSWER A judge, under
oath
What the "Arizona v Gant" case define? - ANSWER An officer can only search the area
of a vehicle that is within the reaching distance of the individual being detained. Once
the individual is safe and out of the car the officer must stop searching.
What did the "Mapp v Ohio" case define? - ANSWER This case was the introduction to
the exclusionary rule.
Does one need a warrant to conduct an inventory search? - ANSWER No
What does the term "the fruit from the poisonous tree" mean? - ANSWER This refers to
any evidence obtained during an unlawful search.
What is the difference between proof and evidence? - ANSWER Evidence is any
information (can include testimony, documents, photographs) offered to prove or
disprove guilt, while proof is the establishment of fact through the use of evidence.
What must evidence be to be accepted? - ANSWER Relevant, Reliable, Not unfairly
prejudicial, properly founded, must comply with constitutional requirements
, What are the 2 meanings of a "burden of proof"? - ANSWER Necessity of proving a
certain matter, and the level of proof required to meet minimum requirement for a
verdict.
What is direct evidence? - ANSWER Evidence that proves a fact directly without any
type of inference, testimony from someone with firsthand knowledge of what they saw,
heard, etc.
What is circumstantial evidence? - ANSWER Evidence from which another fact could be
inferred, witnesses did not directly see something occur but they know it to be true.
What is substitute evidence? - ANSWER Evidence that is recognized as fact by the law
and therefore does not have to be proven.
Do direct and circumstantial evidence have different effects? - ANSWER No, they have
the same effect. One is just as good as another from a legal standpoint. Evidence may
be direct evidence of one fact and circumstantial evidence of another.
What is a "presumption"? - ANSWER Certain facts that can be presumed to be true
under the law. The most widely assumed example of this is that a defendant is innocent
until proven guilty.
What is an inference? - ANSWER Proof of one fact allows the inference that another
fact is true. (Essentially the same as circumstantial evidence)
What is the most common form of evidence? - ANSWER Testimony
What is factual testimony? - ANSWER Testimony from a witness as to what they
directly saw, heard, etc.
What is the 3 part test to determine whether of not factual testimony is legally valid? -
ANSWER (1) How do you know?
(2) Do you know?
(3) what do you know
What is opinion testimony? - ANSWER Testimony from a witness that involves the
witness stating their opinion about a certain matter.
What is a lay witness? - ANSWER A normal witness providing an opinion. Opinions
must be rationally based on the perception of the witness, helpful in determining the
witness' testimony or the determination of a fact and issue, and not based on scientific,
technical or specialized knowledge. (Rule 702)
What is an expert witness? - ANSWER A witness whose opinion will bring light to a
certain fact due to their scientific, technical, or other specialized knoweldge.
