POLICE SERGEANT EXAM REVIEW FULL
QUESTIONS AND VERIFIED SOLUTIONS
●● Unreasonable
Answer: Any search or seizure not based upon a warrant is considered
unreasonable unless an exception exists, e.g., consent, exigency
circumstances, vehicle searches, stop and frisk, etc.
●● United States Supreme Court
Answer: Held that police could conduct a warrantless search with the
consent of the occupant who possesses common authority over the
premises even if another occupant has objected to the search, but is
physically absent from the premises due to a lawful detention or arrest
●● cell phone information
Answer: Cannot be viewed or accessed in any way without a warrant.
This holding is the same as the Florida Supreme Court's holding in
Small v.s. State.
●● What would happen if an officer or prosecutor view a defendant cell
phone without a warrant
Answer: The evidence can be suppressed
, ●● Can a officer view a defendant's cell phone during a search incident
to arrest
Answer: No
●● When can a officer use what he viewed as evidence in a defendant's
cell phone ?
Answer: While a search incident to arrest warrant exception is still
clearly valid.
●● When is a officer required to give noticed of his office and the
purpose of his presence
Answer: When on duty, to enter the premises of another for the purpose
of executing a search warrant or effecting an arrest with or without a
warrant
●● When can an officer use forced to gain admittance
Answer: After the officer has announced their authority and purpose in
order to make an arrest either by warrant or for a felony with or without
a warrant
●● Can an officer make entry if the property does not belong to the
person of interest
Answer: Yes, if there is reason to believe that the person of interest is
there.
QUESTIONS AND VERIFIED SOLUTIONS
●● Unreasonable
Answer: Any search or seizure not based upon a warrant is considered
unreasonable unless an exception exists, e.g., consent, exigency
circumstances, vehicle searches, stop and frisk, etc.
●● United States Supreme Court
Answer: Held that police could conduct a warrantless search with the
consent of the occupant who possesses common authority over the
premises even if another occupant has objected to the search, but is
physically absent from the premises due to a lawful detention or arrest
●● cell phone information
Answer: Cannot be viewed or accessed in any way without a warrant.
This holding is the same as the Florida Supreme Court's holding in
Small v.s. State.
●● What would happen if an officer or prosecutor view a defendant cell
phone without a warrant
Answer: The evidence can be suppressed
, ●● Can a officer view a defendant's cell phone during a search incident
to arrest
Answer: No
●● When can a officer use what he viewed as evidence in a defendant's
cell phone ?
Answer: While a search incident to arrest warrant exception is still
clearly valid.
●● When is a officer required to give noticed of his office and the
purpose of his presence
Answer: When on duty, to enter the premises of another for the purpose
of executing a search warrant or effecting an arrest with or without a
warrant
●● When can an officer use forced to gain admittance
Answer: After the officer has announced their authority and purpose in
order to make an arrest either by warrant or for a felony with or without
a warrant
●● Can an officer make entry if the property does not belong to the
person of interest
Answer: Yes, if there is reason to believe that the person of interest is
there.
