BPOC Exam 2 Questions and Answers (2025/2026) | 100% Verified &
Correct Solutions
When is a person arrested? -
Answer-person is arrested when he has been actually placed under restraint or taken
into custody by an officer or person executing a warrant of arrest, or by an officer or
person arresting without a warrant.
Define constructive custody. -
Answer-refer not only to the actual, corporeal and forcible detention of a person,but
likewise to any coercive measures by threats, menaces or the fear of injury, whereby
one person exercises a control over the person of another, and detains him within
certain limits
Four elements of arrest? -
Answer-Intent- a peace officers purpose or intention to take a person into the custody of
the law.
Authority- the peace officers arrest must be made under real authority. This means the
officer is authorized by law to make an arrest and the arrest is supported by probable
cause.
Actual Seizure- The person arrested is taken into custody either by physical force or by
submission to assertion of authority.
Understanding- by the person to be arrested the officers intention to arrest.
Define restrain. -
Answer-the kind of control which one person exercises over another, not to confine him
within certain limits, but to subject him to the general authority and power of the person
claiming such right.
Define custody. -
Answer-under arrest by a peace officer or under restraint by a public servant pursuant to
an order of a court of this state or another state of the united states
Miranda vs Arizona? -
Answer-5th amendment rights, cannot be interrogated by police after miranda rights are
read, all questions must cease
5th Amendment? -
Answer-Cannot be indicted for a felony except by Grand Jury, Double Jeopardy, cannot
be witness against himself, due process, private property can't be taken for public use
6th Amendment? -
Answer-Right to speedy and public trial, Right to confront accusers, Obtaining
witnesses, in his favor, Assistance of Counsel
Magistrate within ... ? -
Answer-48 hours without unnecessary delay.
What is "mere suspicion"? -
Answer-gut feeling HUNCH lowest suspicion but can investigate further to get to
,reasonable suspicion
Searches must ALWAYS be ... ? -
Answer-Reasonable
, Explain probable cause. -
Answer-A reasonable ground to suppose that a charge of criminal conduct is well-
founded. The right of a police officer to make an arrest, issue a warrant, or search a
person or his property. Exists if the facts and circumstances known to the officer would
warrant a prudent man in believing that the offense has been committed.
Explain consent. -
Answer-Permission given by owner of property or someone who is not the owner but is in
the place of owner, and gives the okay to search. Officers must ask for consent from
parties present and owner can revoke the right to search at any time.
Explain breaking a door ... ? -
Answer-A door can be broken down for a felony arrest or warrant or exigent
circumstances i.e. someone needs help inside of a residence (emergency situation)
Who can stop the consequences of theft? -
Answer-Any person can stop the consequences of theft
Explain Carroll vs US -
Answer-CarrollDoctrine- able to search a vehicle with reasonable suspicion because it is
mobile on a public roadway. Warrantless searches of vehicles are part of the automobile
exception.
Define curtilage. -
Answer-Buildings and open space surrounding a dwelling where the intimate activities of
home life are conducted. This includes temporary residences (hunting cabins, tents,
RVs, etc. is considered part of the residence.
Explain Brinegar vs U.S. -
Answer-Officer noticed a heavily loaded down car, stopped the vehicle with a case of
alcohol in the front seat of the car, and the defendant denied that any liquor was visible.
Brinegar was arrested. Said officer did not have a PC and the alcohol was not a valid
stop. Supreme Court Ruled reasonableness in warrantless searches. Searches must
always be reasonable.
PC to search a vehicle means ... ? Give an example. -
Answer-Must always have probable cause to search a vehicle i.e. smell or see
something
Explain the concept of exigent circumstances. Give an example. -
Answer-No need for a search warrant this is used in an emergency situation i.e. you hear
someone screaming for help or see someone laying on the floor in a residence
unconscious
Define contraband. Give a few examples. -
Answer-Items that are illegal to have in one's possession, carry or produce.
Examples - guns, knives, explosives. Elements of a crime meaning tools of a crime
Correct Solutions
When is a person arrested? -
Answer-person is arrested when he has been actually placed under restraint or taken
into custody by an officer or person executing a warrant of arrest, or by an officer or
person arresting without a warrant.
Define constructive custody. -
Answer-refer not only to the actual, corporeal and forcible detention of a person,but
likewise to any coercive measures by threats, menaces or the fear of injury, whereby
one person exercises a control over the person of another, and detains him within
certain limits
Four elements of arrest? -
Answer-Intent- a peace officers purpose or intention to take a person into the custody of
the law.
Authority- the peace officers arrest must be made under real authority. This means the
officer is authorized by law to make an arrest and the arrest is supported by probable
cause.
Actual Seizure- The person arrested is taken into custody either by physical force or by
submission to assertion of authority.
Understanding- by the person to be arrested the officers intention to arrest.
Define restrain. -
Answer-the kind of control which one person exercises over another, not to confine him
within certain limits, but to subject him to the general authority and power of the person
claiming such right.
Define custody. -
Answer-under arrest by a peace officer or under restraint by a public servant pursuant to
an order of a court of this state or another state of the united states
Miranda vs Arizona? -
Answer-5th amendment rights, cannot be interrogated by police after miranda rights are
read, all questions must cease
5th Amendment? -
Answer-Cannot be indicted for a felony except by Grand Jury, Double Jeopardy, cannot
be witness against himself, due process, private property can't be taken for public use
6th Amendment? -
Answer-Right to speedy and public trial, Right to confront accusers, Obtaining
witnesses, in his favor, Assistance of Counsel
Magistrate within ... ? -
Answer-48 hours without unnecessary delay.
What is "mere suspicion"? -
Answer-gut feeling HUNCH lowest suspicion but can investigate further to get to
,reasonable suspicion
Searches must ALWAYS be ... ? -
Answer-Reasonable
, Explain probable cause. -
Answer-A reasonable ground to suppose that a charge of criminal conduct is well-
founded. The right of a police officer to make an arrest, issue a warrant, or search a
person or his property. Exists if the facts and circumstances known to the officer would
warrant a prudent man in believing that the offense has been committed.
Explain consent. -
Answer-Permission given by owner of property or someone who is not the owner but is in
the place of owner, and gives the okay to search. Officers must ask for consent from
parties present and owner can revoke the right to search at any time.
Explain breaking a door ... ? -
Answer-A door can be broken down for a felony arrest or warrant or exigent
circumstances i.e. someone needs help inside of a residence (emergency situation)
Who can stop the consequences of theft? -
Answer-Any person can stop the consequences of theft
Explain Carroll vs US -
Answer-CarrollDoctrine- able to search a vehicle with reasonable suspicion because it is
mobile on a public roadway. Warrantless searches of vehicles are part of the automobile
exception.
Define curtilage. -
Answer-Buildings and open space surrounding a dwelling where the intimate activities of
home life are conducted. This includes temporary residences (hunting cabins, tents,
RVs, etc. is considered part of the residence.
Explain Brinegar vs U.S. -
Answer-Officer noticed a heavily loaded down car, stopped the vehicle with a case of
alcohol in the front seat of the car, and the defendant denied that any liquor was visible.
Brinegar was arrested. Said officer did not have a PC and the alcohol was not a valid
stop. Supreme Court Ruled reasonableness in warrantless searches. Searches must
always be reasonable.
PC to search a vehicle means ... ? Give an example. -
Answer-Must always have probable cause to search a vehicle i.e. smell or see
something
Explain the concept of exigent circumstances. Give an example. -
Answer-No need for a search warrant this is used in an emergency situation i.e. you hear
someone screaming for help or see someone laying on the floor in a residence
unconscious
Define contraband. Give a few examples. -
Answer-Items that are illegal to have in one's possession, carry or produce.
Examples - guns, knives, explosives. Elements of a crime meaning tools of a crime
