OPOTA Test Exam Questions And Answers
Verified 100% Correct
Identify sources of information that can be used to establish probable cause to make a
WARRANTLESS arrest. - ANSWER 1. Personal observations
2. informants
3. Reports from other officers
4. Leads from victim/ witness of the crime
5. Physical evidence found at scene
6.Statements made by suspect
7. Past criminal record of suspect (must be coupled with other factors.)
Identify what, in the absence of consent or exigent circumstances, an officer must do
before entering a private residence to make an arrest. - ANSWER 1. Secure warrants,
including arrest warrants.
--> If making an arrest in home of 3rd party, a search warrant must be present to
search the premises for that person.
2. Reason to believe that the person to be arrested is present at the correct address
listed on warrant, and...
3. Knock & announce officers presence.
Identify when an officer may make a WARRANTLESS, nonconsensual entry into a
private residence in order to make an arrest. - ANSWER 1. Exigent circumstances
which demand an immediate response.
Considerations of exigent circumstances:
A. Time of day of offense
B. Serious offense in progress
C. Risk of danger
D. Prevent subjects escape
E. Prevent destruction of evidence
F. "Hot Pursuit"
Explain the concept of Hot/Fresh Pursuit. - ANSWER Pursuit w/o unreasonable
interruption, of a person who is trying to avoid arrest.
*If you lose sight, you're done.
Describe the basis to legally seize evidence. - ANSWER 1. Must be based on Probable
,Cause
2. Object in question is associated w/ criminal activity
Explain the difference between a full search, limited search, and an inventory. -
ANSWER Full Searches:
1. Conducted to gather criminal evidence.
2. Based on Probable Cause
3. Require either a search warrant or a recognized exception.
Limited Weapon Search:
1. Used to disarm & protect officers
2. Based on Reasonable Suspicion that person is armed and dangerous.
Inventories:
1. Not necessarily a search under 4th Amendment
2. Used to catalog property that police has taken
3. Inventory is to secure property and protect agency from claims of lost, stolen, or
damaged items.
Describe the nature of the facts required to support probable cause to conduct a
search.
- ANSWER 1. That a crime has been or is being committed
& 2. That specific objects associated w/ crime exist & 3.
They will be found in the place to be searched.
Describe the criteria needed to establish the plain view exception to the search warrant
requirement. - ANSWER 1. Officers must be legally on the premises from where
observation is made.
2. The incriminating nature of the item must be immediately apparent (this equates to
probable cause)
3. Officers must have a lawful right of access to the object.
Differentiate curtilage from open fields. - ANSWER Curtilage:
1. Area immediately surrounding the home
--> Usually used for domestic purposes (garage, yard..) 2.
Carries the same 4th Amendment protection as a home does.
3.. Any other land is considered OPEN FIELD.
Open Fields:
1. Carries no 4th Amendment protection
,4 Factors to assist in determining the differences:
1. Proximity of area
2. Within an enclosure surrounding the house.
3. The nature and uses to which the area serves
4. Steps taken to protect area from view.
--> No single factor is determinative.
Identify the keys in determining whether a consent search is valid. - ANSWER 1.
Consent is voluntarily given.
2. Person giving consent has authority to give, and no other person who has authority
refused.
3. Search is limited to only those places specified by person who authorized consent
search.
4. Search is not unduly intrusive or destructive.
5. Length of search must be consistent w/ type and complexity of search for which
permission was granted.
Describe the three broad categories of exigent circumstances. - ANSWER 1. Lives or
property are in imminent danger or a serious crime is in progress.
2. Evidence will be destroyed or moved if officers postpone taking action until a search
warrant can be obtained.
3. Officers are in "Hot pursuit" of a felon who flees & takes refugee inside.
Identify the area an officer may search incident to lawful arrest. - ANSWER 1. Inside the
area within the person's immediate control at the arrest location.
Identify the factors that will determine the reasonableness of the length of time involved
in a motor vehicle detention. - ANSWER 1. Purpose of stop
2. The time reasonably needed to evaluate that purpose
3. Whether the officers diligently pursued a means of investigation that dispelled their
suspicions quickly, during which time it was necessary to detain the subject.
Identify when an officer may conduct a protective search of a motor vehicle for
weapons. - ANSWER 1. Lawfully stopped vehicle
, 2. Reasonable Suspicion to believe passengers are dangerous & could gain control of
your gun.
Identify when an officer may search a motor vehicle and the containers within it. -
ANSWER 1. Once Probable Cause has been established.
--> Can search locked & unlocked containers
Explain the factors considered in determining if an inventory of a motor vehicle is
reasonable. - ANSWER 1. Car was lawfully impounded
2. Conducted after impoundment
3. Owner was not present to make other arrangements for safekeeping of the vehicle.
4.Inventory was prompted by valuables in plain view
5. Inventory was not a pretext to conceal an investigatory search.
Describe the relevant factors used in determining if force was reasonable. - ANSWER
1. Severity of the crime
2. Threat
3. Flight
Explain the differences between active and passive resistance. - ANSWER Passive
resistance:
Doesn't take verbal command.
Active resistance:
Presents a credible threat.
*Goes from passive -> active when suspect resists.
Describe when handcuffing may be considered unreasonable force. - ANSWER 1.
Tightness
2. Ignoring complaints
3. Physical injury
Describe when use of a chemical weapon may be considered unreasonable force. -
ANSWER 1. Using after an arrestee has been subdued.
Describe the difference between reasonable and unreasonable force when using
electrical weapons. - ANSWER 1. Noncompliance is not enough reason.
Explain the civil liability considerations associated with using force against those with
diminished capacity/ mental illness. - ANSWER 1. Proof other tactics were used.
*You cannot seize an unarmed fleeing suspect.
Verified 100% Correct
Identify sources of information that can be used to establish probable cause to make a
WARRANTLESS arrest. - ANSWER 1. Personal observations
2. informants
3. Reports from other officers
4. Leads from victim/ witness of the crime
5. Physical evidence found at scene
6.Statements made by suspect
7. Past criminal record of suspect (must be coupled with other factors.)
Identify what, in the absence of consent or exigent circumstances, an officer must do
before entering a private residence to make an arrest. - ANSWER 1. Secure warrants,
including arrest warrants.
--> If making an arrest in home of 3rd party, a search warrant must be present to
search the premises for that person.
2. Reason to believe that the person to be arrested is present at the correct address
listed on warrant, and...
3. Knock & announce officers presence.
Identify when an officer may make a WARRANTLESS, nonconsensual entry into a
private residence in order to make an arrest. - ANSWER 1. Exigent circumstances
which demand an immediate response.
Considerations of exigent circumstances:
A. Time of day of offense
B. Serious offense in progress
C. Risk of danger
D. Prevent subjects escape
E. Prevent destruction of evidence
F. "Hot Pursuit"
Explain the concept of Hot/Fresh Pursuit. - ANSWER Pursuit w/o unreasonable
interruption, of a person who is trying to avoid arrest.
*If you lose sight, you're done.
Describe the basis to legally seize evidence. - ANSWER 1. Must be based on Probable
,Cause
2. Object in question is associated w/ criminal activity
Explain the difference between a full search, limited search, and an inventory. -
ANSWER Full Searches:
1. Conducted to gather criminal evidence.
2. Based on Probable Cause
3. Require either a search warrant or a recognized exception.
Limited Weapon Search:
1. Used to disarm & protect officers
2. Based on Reasonable Suspicion that person is armed and dangerous.
Inventories:
1. Not necessarily a search under 4th Amendment
2. Used to catalog property that police has taken
3. Inventory is to secure property and protect agency from claims of lost, stolen, or
damaged items.
Describe the nature of the facts required to support probable cause to conduct a
search.
- ANSWER 1. That a crime has been or is being committed
& 2. That specific objects associated w/ crime exist & 3.
They will be found in the place to be searched.
Describe the criteria needed to establish the plain view exception to the search warrant
requirement. - ANSWER 1. Officers must be legally on the premises from where
observation is made.
2. The incriminating nature of the item must be immediately apparent (this equates to
probable cause)
3. Officers must have a lawful right of access to the object.
Differentiate curtilage from open fields. - ANSWER Curtilage:
1. Area immediately surrounding the home
--> Usually used for domestic purposes (garage, yard..) 2.
Carries the same 4th Amendment protection as a home does.
3.. Any other land is considered OPEN FIELD.
Open Fields:
1. Carries no 4th Amendment protection
,4 Factors to assist in determining the differences:
1. Proximity of area
2. Within an enclosure surrounding the house.
3. The nature and uses to which the area serves
4. Steps taken to protect area from view.
--> No single factor is determinative.
Identify the keys in determining whether a consent search is valid. - ANSWER 1.
Consent is voluntarily given.
2. Person giving consent has authority to give, and no other person who has authority
refused.
3. Search is limited to only those places specified by person who authorized consent
search.
4. Search is not unduly intrusive or destructive.
5. Length of search must be consistent w/ type and complexity of search for which
permission was granted.
Describe the three broad categories of exigent circumstances. - ANSWER 1. Lives or
property are in imminent danger or a serious crime is in progress.
2. Evidence will be destroyed or moved if officers postpone taking action until a search
warrant can be obtained.
3. Officers are in "Hot pursuit" of a felon who flees & takes refugee inside.
Identify the area an officer may search incident to lawful arrest. - ANSWER 1. Inside the
area within the person's immediate control at the arrest location.
Identify the factors that will determine the reasonableness of the length of time involved
in a motor vehicle detention. - ANSWER 1. Purpose of stop
2. The time reasonably needed to evaluate that purpose
3. Whether the officers diligently pursued a means of investigation that dispelled their
suspicions quickly, during which time it was necessary to detain the subject.
Identify when an officer may conduct a protective search of a motor vehicle for
weapons. - ANSWER 1. Lawfully stopped vehicle
, 2. Reasonable Suspicion to believe passengers are dangerous & could gain control of
your gun.
Identify when an officer may search a motor vehicle and the containers within it. -
ANSWER 1. Once Probable Cause has been established.
--> Can search locked & unlocked containers
Explain the factors considered in determining if an inventory of a motor vehicle is
reasonable. - ANSWER 1. Car was lawfully impounded
2. Conducted after impoundment
3. Owner was not present to make other arrangements for safekeeping of the vehicle.
4.Inventory was prompted by valuables in plain view
5. Inventory was not a pretext to conceal an investigatory search.
Describe the relevant factors used in determining if force was reasonable. - ANSWER
1. Severity of the crime
2. Threat
3. Flight
Explain the differences between active and passive resistance. - ANSWER Passive
resistance:
Doesn't take verbal command.
Active resistance:
Presents a credible threat.
*Goes from passive -> active when suspect resists.
Describe when handcuffing may be considered unreasonable force. - ANSWER 1.
Tightness
2. Ignoring complaints
3. Physical injury
Describe when use of a chemical weapon may be considered unreasonable force. -
ANSWER 1. Using after an arrestee has been subdued.
Describe the difference between reasonable and unreasonable force when using
electrical weapons. - ANSWER 1. Noncompliance is not enough reason.
Explain the civil liability considerations associated with using force against those with
diminished capacity/ mental illness. - ANSWER 1. Proof other tactics were used.
*You cannot seize an unarmed fleeing suspect.
