Florida Law Enforcement Academy, Chapter 2
Legal, Unit 2, Legal Concepts (Lesson 1, 2, 3, 4,
and 5) Questions With 100% Verified Solutions
Proof beyond a reasonable doubt - ANSWER The standard used
to determine if a criminal defendant is guilty. Based on the facts of
the case, there is no other reasonable explanation than that
defendant committed the crime.
Search - ANSWER occurs when the government intrudes into a
place where a person has a reasonable expectation
Seizure - ANSWER occurs when the government affects a
person's right to have or control his or her property, usually by
physically taking it.
Search Warrants - ANSWER a court order that authorizes law
enforcement to conduct a search and seizure. It must be directed
to a person or agency with specific jurisdiction over the location of
the search.
The Fourth Amendment of the Constitution protects people from
governmental intrusion into areas where they have a reasonable
expectation if privacy. It prohibits this unless they are conducted
with probable cause and under reasonable circumstances. -
ANSWER Search and Seizures
Exclusionary Rule - ANSWER The Supreme Court has ruled that
evidence obtained by the government in violation of the
Constitution cannot be used as evidence in court.
, Good Faith Doctrine - ANSWER Applies to an officer's actions in
conducting a search pursuant to a search warrant. If officers
execute a search warrant they believe to be valid and a court later
determines the warrant to have a legal error, any seized evidence
may still be admitted.
Plain View (Probable cause required): Any contraband an officer
can see can be seized without a warrant as long as three
conditions are met - ANSWER (1) The officer is lawfully present
in the place where he or she sees the item.
(2) The item is in plain sight (No moving of items, such as
blankets)
(3) The officer has probable cause to believe that the item is
contraband or crime evidence (Must know immediately it is
contraband)
Carroll Doctrine - ANSWER Extends to the entire vehicle and to
all containers where the evidence could reasonably be found. A
mobile conveyance search may be conducted without a warrant
even if there may be time to obtain a warrant. Additionally, a
mobile conveyance search does not have to occur at the same
time as a stop. Probable cause is required for a mobile
conveyance search.
Exigent Circumstances - ANSWER Certain emergencies such as
the case of evidence destruction, an emergency scene, or a fresh
pursuit that justifies a warrantless entry.
The law presumes that a search without a warrant is invalid;
however, there are a number of exceptions which require
probable cause: - ANSWER Plain view, mobile conveyance,
exigent circumstances (destruction of evidence, fresh pursuit,
emergency scene)
Legal, Unit 2, Legal Concepts (Lesson 1, 2, 3, 4,
and 5) Questions With 100% Verified Solutions
Proof beyond a reasonable doubt - ANSWER The standard used
to determine if a criminal defendant is guilty. Based on the facts of
the case, there is no other reasonable explanation than that
defendant committed the crime.
Search - ANSWER occurs when the government intrudes into a
place where a person has a reasonable expectation
Seizure - ANSWER occurs when the government affects a
person's right to have or control his or her property, usually by
physically taking it.
Search Warrants - ANSWER a court order that authorizes law
enforcement to conduct a search and seizure. It must be directed
to a person or agency with specific jurisdiction over the location of
the search.
The Fourth Amendment of the Constitution protects people from
governmental intrusion into areas where they have a reasonable
expectation if privacy. It prohibits this unless they are conducted
with probable cause and under reasonable circumstances. -
ANSWER Search and Seizures
Exclusionary Rule - ANSWER The Supreme Court has ruled that
evidence obtained by the government in violation of the
Constitution cannot be used as evidence in court.
, Good Faith Doctrine - ANSWER Applies to an officer's actions in
conducting a search pursuant to a search warrant. If officers
execute a search warrant they believe to be valid and a court later
determines the warrant to have a legal error, any seized evidence
may still be admitted.
Plain View (Probable cause required): Any contraband an officer
can see can be seized without a warrant as long as three
conditions are met - ANSWER (1) The officer is lawfully present
in the place where he or she sees the item.
(2) The item is in plain sight (No moving of items, such as
blankets)
(3) The officer has probable cause to believe that the item is
contraband or crime evidence (Must know immediately it is
contraband)
Carroll Doctrine - ANSWER Extends to the entire vehicle and to
all containers where the evidence could reasonably be found. A
mobile conveyance search may be conducted without a warrant
even if there may be time to obtain a warrant. Additionally, a
mobile conveyance search does not have to occur at the same
time as a stop. Probable cause is required for a mobile
conveyance search.
Exigent Circumstances - ANSWER Certain emergencies such as
the case of evidence destruction, an emergency scene, or a fresh
pursuit that justifies a warrantless entry.
The law presumes that a search without a warrant is invalid;
however, there are a number of exceptions which require
probable cause: - ANSWER Plain view, mobile conveyance,
exigent circumstances (destruction of evidence, fresh pursuit,
emergency scene)
