SFO Test 1 Study Guide Questions and Answers with Complete Solutions

SFO Test 1 Study Guide Questions and Answers with Complete Solutions Probable Cause - answerSufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime Reasonable Suspicion - answerThat level of suspicion that would cause a reasonable person, under the circumstances to believe that criminal activity has occurred or is occurring Voluntary Encounters - answerLevel 1 encounter. Can not make demands and must be free/voluntary. Knock and talks, talking to anyone on the street voluntarily. When can an officer search for weapons? - answerWhen they can articulate suspicion that the person has weapons and poses a threat to the officer or others. Detention or Stop - answerA peace officer may stop any individual in a public place when the officer has a reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name, address, date of birth, and an explanation of the individual's actions. Terry Stop - answerAllows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than the probable cause which is needed for an arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. Demands during detainment - answerName Address DOB Explanation for conduct Time limits for detainment - answerA reasonable amount of time Depends on the complexity and the seriousness of the crime Frisk - answerOuter patdown of clothing What is the purpose of a frisk? - answerOfficer Safety When can an officer search for a weapon? - answerWhen the officer reasonably believes he or any other person is in danger. Consent search - answerA search based upon reasonable suspicion. Consent must be given by the person who has legal authority of what may be. Incidental to arrest - answerSearch is strictly justified by the circumstances for which the arrest was made. Search may be made of the person and the area in which the person was. Search warrant - answerJudicial document authorizing police to search a person or place to obtain evidence. Affidavit is submitted to a judge or magistrate to establish probable cause that the search will yield evidence related to a crime Plain view - answerA search may be made if evidence of criminal activity can be seen without entry or search ex: Smell Hear Sight Feel Taste Exigent circumstances - answerAlso known as emergency conditions are circumstances that would cause a reasonable officer to believe entry or search was necessary to prevent physical harm to officers or others or; The destruction of relevant evidence or the escape of a suspect would occur if the search or entry was not made Search - answerDoes the citizen have a reasonable expectation of privacy? If yes that is a search and if not then it is not a search. Entering a home Opening a door Place GPS tracker Opening car door Taking blood or dna Looking at cell phone 4th Amendment - answerThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Exclusionary Rule - answerEvidence obtained through illegal conduct or by illegal means may be suppressed and not allowed to be used in court Superman Rule - answerOfficers can use any item or technology available to the general public to enhance their senses. This includes flashlights, K-9s, binoculars. What an officer can see hear or smell where the officer has a legal right to be. Open field doctrine - answerPermits police officers to enter and search a field without a warrant. May include any unoccupied or undeveloped area outside of the curtilage of the home Private Individuals - answerConstitution only gives you privacy from government, not private individuals. Unless a government actor cannot direct a private individual to violate someone's rights. Level 1 Encounter - answerVoluntary: A reasonable person in the suspect's possession would feel free to leave Level 2 Encounter - answerInvestigative Detention: Officer has reasonable articulable suspicion of criminal activity. The suspect is not free to leave. These can only last long enough for the officer to confirm or dispel their suspicion. Reasonable Articulable Suspicion - answerReason to believe criminal activity may be afoot. Level 3 Encounter - answerArrest: Officer must have probable cause of a criminal violation Exceptions to the Search Warrant Requirement - answer1. Consent 2. Search incident to arrest 3. Terry Frisk 4. Exigent Circumstances 5. Inventory 6. School 7. Special needs Justice of the Peace Courts - answerHas jurisdiction over: Class B and C Misdemeanors, Infractions, Traffic offenses committed by juveniles between the ages of 16 and 18. Exceptions: Automobile Homicide, DUI, Joyriding, Reckless driving, Evading an officer. Small Claims, civil disputes under $11,000.00 (to include attorney fees) that occur within the geographic area of the court