RBC 1 COMPREHENSIVE TEST PAPER
WITH SOLVED QUESTIONS
◉ Under the NEXUS RULE, officers may seize items not listed in
the warrant when:
Answer: - the items are discovered while the officers are
conducting a lawful search for the listed evidence AND
- they have probable cause to believe the item is contraband,
evidence of criminal behavior or would otherwise aid in the
apprehension or conviction of the criminal
◉ What requirements must peace officers meet in order to legally
seize an item in plain view:
Answer: - probable cause / fair probability that the item is
contraband or evidence of a crime
- lawful right to be in the location from which they originally
observe the item (public area)
- lawful access to the item / area based on consent, exigent
circumstances or lawful entry (i.e. parole search)
◉ What are examples of sensory aids in regards to plain view
seizures?
,Answer: - Flashlights
- Night vision devices
- Binoculars
- Dogs
◉ Exceptions to the usual search warrant requirements include:
Answer: - cursory / frisk / pat down
- consent searches
- searches pursuant to exigent circumstances
- searches incident to custodial arrest
- probation / parole searches
◉ Reasons for cursory / frisk / pat down searches to be lawful:
Answer: - the person must be lawfully detained for an
investigative purpose
,- the searching officers must be able to articulate specific facts
which caused them to reasonably believe the person is dangerous
or may be carrying a weapon
- need not be absolutely certain that the person is armed,
however, suspicion must be reasonable
◉ What is the scope of a cursory / frisk / pat down search:
Answer: - outer clothing for weapons only
- once an officer realizes an object is not a weapon the officer
cannot further manipulate the object
- any additional feeling, grabbing or manipulating of the item is
illegal
◉ Factors that have been recognized as reasonable suspicion for a
cursory / frisk / pat down:
Answer: - clothing (bulge, heavy clothing in summer)
- actions (trying to hide something, overly nervous, threatening
manner)
- prior knowledge suspect carries weapons or violent
, - reason for detention (stopped to investigate serious, violent or
armed offense)
- companions (lawful search of companions revealed a weapon)
- location (stopped in an area known for violence, or where an
officer is unlikely to receive immediate aid if attacked)
- time of day/amount of light (nighttime, little or no lighting)
- ratio (detainees outnumber officers)
◉ When can an officer search a container found on a person
during a cursory / frisk / pat down:
Answer: when it is reasonable to believe it can be used as a
weapon or that it might contain a weapon
◉ When can an officer reach inside a persons clothing or pockets
to inspect an object further during a cursory / frisk / pat down:
Answer: - the object felt like a weapon or something that could be
used as a weapon
- the subject's clothing is so rigid or heavy that the officer could
not rule out the possibility of a weapon or potential weapon
WITH SOLVED QUESTIONS
◉ Under the NEXUS RULE, officers may seize items not listed in
the warrant when:
Answer: - the items are discovered while the officers are
conducting a lawful search for the listed evidence AND
- they have probable cause to believe the item is contraband,
evidence of criminal behavior or would otherwise aid in the
apprehension or conviction of the criminal
◉ What requirements must peace officers meet in order to legally
seize an item in plain view:
Answer: - probable cause / fair probability that the item is
contraband or evidence of a crime
- lawful right to be in the location from which they originally
observe the item (public area)
- lawful access to the item / area based on consent, exigent
circumstances or lawful entry (i.e. parole search)
◉ What are examples of sensory aids in regards to plain view
seizures?
,Answer: - Flashlights
- Night vision devices
- Binoculars
- Dogs
◉ Exceptions to the usual search warrant requirements include:
Answer: - cursory / frisk / pat down
- consent searches
- searches pursuant to exigent circumstances
- searches incident to custodial arrest
- probation / parole searches
◉ Reasons for cursory / frisk / pat down searches to be lawful:
Answer: - the person must be lawfully detained for an
investigative purpose
,- the searching officers must be able to articulate specific facts
which caused them to reasonably believe the person is dangerous
or may be carrying a weapon
- need not be absolutely certain that the person is armed,
however, suspicion must be reasonable
◉ What is the scope of a cursory / frisk / pat down search:
Answer: - outer clothing for weapons only
- once an officer realizes an object is not a weapon the officer
cannot further manipulate the object
- any additional feeling, grabbing or manipulating of the item is
illegal
◉ Factors that have been recognized as reasonable suspicion for a
cursory / frisk / pat down:
Answer: - clothing (bulge, heavy clothing in summer)
- actions (trying to hide something, overly nervous, threatening
manner)
- prior knowledge suspect carries weapons or violent
, - reason for detention (stopped to investigate serious, violent or
armed offense)
- companions (lawful search of companions revealed a weapon)
- location (stopped in an area known for violence, or where an
officer is unlikely to receive immediate aid if attacked)
- time of day/amount of light (nighttime, little or no lighting)
- ratio (detainees outnumber officers)
◉ When can an officer search a container found on a person
during a cursory / frisk / pat down:
Answer: when it is reasonable to believe it can be used as a
weapon or that it might contain a weapon
◉ When can an officer reach inside a persons clothing or pockets
to inspect an object further during a cursory / frisk / pat down:
Answer: - the object felt like a weapon or something that could be
used as a weapon
- the subject's clothing is so rigid or heavy that the officer could
not rule out the possibility of a weapon or potential weapon
