NC BLET ARREST, SEARCH AND
SEIZURE EXAM QUESTIONS WITH
CORRECT ANSWERS
Three Sources of Law - Answer-Constitutional Law
Statutory Law
Common Law
Constitutional Law - Answer-The supreme law of the land. All other laws must comply
with the basic constitutional provisions.
Statutory Law - Answer-Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - Answer-Judge Made Law
Tradition based "Case Law"
Types of Law - Answer-Substantive Law
Procedural Law
United States Constitution - Answer-Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause - Answer-The Constitution, laws, and
treaties of the United States are the supreme law of the land. Judges of every state are
bound by the US Constitution regardless of contrary state law. This article also requires
all legislative, executive, and judicial officers of both the states and the United States to
take an oath to support the Constitution.
The Four Procedural Safeguards - Answer-Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
Bill of Rights - Answer-First Ten Amendments to the U.S. Constitution
Due Process Clause - Answer-(Historical) Applied most of the safeguards in the bill of
rights to the States.
First Amendment - Answer-Freedom of Religion-Government may not require or
enforce religious observations. Free exercise but criminal acts may be
excluded(example- use of Peyote during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic
Speech(Burning the American Flag)
,Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition
the government for a redress of grievances.
Restrictions on Free Speech - Answer-Panic exciting speech (Shouting FIRE in a movie
theater)
Types of Speech with No First Amendment Protection - Answer-Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - Answer-States that Congress shall not infringe on the right of
the people to bear arms.
Third Amendment - Answer-(Historical) Prevents the quartering of troops in private
residences.
Fourth Amendment - Answer-Prohibits unreasonable searches and seizures by the
government.
Exclusionary Rule - Answer-Any evidence obtained by the government through an
illegal (unreasonable) search and seizure is inadmissible in court.
Fifth Amendment - Answer-Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their
rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment - Answer-Gives an accused certain fundamental rights in criminal
prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury,
right to face ones accusers, right to be informed of the nature and cause of the
accusation and right to legal process to compel the appearance of witnesses. GRANTS
THE ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right to___________? - Answer-Counsel
Seventh Amendment - Answer-Preserves the right of trial by jury in civil cases. Provides
for a trial by 12 people.
Eighth Amendment - Answer-Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment - Answer-Additional rights not listed in the first eight amendments.
, Tenth Amendment - Answer-Reserves the powers not granted to the United States
Government to the states or the people.
Fourteenth Amendment - Answer-Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process - Answer-Procedural Due Process
Substantive Due Process
Procedural Due Process - Answer-Guarantees that the government will not take a
persons life, liberty, or property interest without notice and a meaningful opportunity to
be heard.
Substantive Due Process - Answer-Guarantees that the notice,hearing, and result are
fair
Due Process guarantees ________,____________, and _____________? - Answer-A
right to counsel
A right to speedy and public trial
A right to be free from the use of unlawfully seized evidence and unlawfully obtained
confessions.
Two types of Jurisdiction - Answer-Territorial
Subject Matter
Statewide Jurisdiction - Answer-Has North Carolina in the name
North Carolina State Highway Patrol
North Carolina Wildlife enforcement
North Carolina Division of Motor Vehicles
etc.
Local Jurisdiction - Answer-Sheriffs and their Deputies-May arrest in the county, on
county property outside the county, and anywhere in the state for felony committed in
the county.
City Police Officers-May arrest in the city in which they serve, in the area within one mile
of city limits, and on city property outside the city.
Company and Campus Police Jurisdiction - Answer-May arrest on property owned by
their employer
May arrest anywhere on campus and property owned by the college/university as well
as portions of public roads passing through or immediately adjoining their property.
Immediate and Continuous Pursuit - Answer-Officer must continue the pursuit and not
stop to do something else.
Officers may pursue and arrest outside North Carolina only-In Georgia, Virginia, South
Carolina, and Tennessee.
SEIZURE EXAM QUESTIONS WITH
CORRECT ANSWERS
Three Sources of Law - Answer-Constitutional Law
Statutory Law
Common Law
Constitutional Law - Answer-The supreme law of the land. All other laws must comply
with the basic constitutional provisions.
Statutory Law - Answer-Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - Answer-Judge Made Law
Tradition based "Case Law"
Types of Law - Answer-Substantive Law
Procedural Law
United States Constitution - Answer-Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause - Answer-The Constitution, laws, and
treaties of the United States are the supreme law of the land. Judges of every state are
bound by the US Constitution regardless of contrary state law. This article also requires
all legislative, executive, and judicial officers of both the states and the United States to
take an oath to support the Constitution.
The Four Procedural Safeguards - Answer-Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
Bill of Rights - Answer-First Ten Amendments to the U.S. Constitution
Due Process Clause - Answer-(Historical) Applied most of the safeguards in the bill of
rights to the States.
First Amendment - Answer-Freedom of Religion-Government may not require or
enforce religious observations. Free exercise but criminal acts may be
excluded(example- use of Peyote during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic
Speech(Burning the American Flag)
,Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition
the government for a redress of grievances.
Restrictions on Free Speech - Answer-Panic exciting speech (Shouting FIRE in a movie
theater)
Types of Speech with No First Amendment Protection - Answer-Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - Answer-States that Congress shall not infringe on the right of
the people to bear arms.
Third Amendment - Answer-(Historical) Prevents the quartering of troops in private
residences.
Fourth Amendment - Answer-Prohibits unreasonable searches and seizures by the
government.
Exclusionary Rule - Answer-Any evidence obtained by the government through an
illegal (unreasonable) search and seizure is inadmissible in court.
Fifth Amendment - Answer-Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their
rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment - Answer-Gives an accused certain fundamental rights in criminal
prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury,
right to face ones accusers, right to be informed of the nature and cause of the
accusation and right to legal process to compel the appearance of witnesses. GRANTS
THE ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right to___________? - Answer-Counsel
Seventh Amendment - Answer-Preserves the right of trial by jury in civil cases. Provides
for a trial by 12 people.
Eighth Amendment - Answer-Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment - Answer-Additional rights not listed in the first eight amendments.
, Tenth Amendment - Answer-Reserves the powers not granted to the United States
Government to the states or the people.
Fourteenth Amendment - Answer-Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process - Answer-Procedural Due Process
Substantive Due Process
Procedural Due Process - Answer-Guarantees that the government will not take a
persons life, liberty, or property interest without notice and a meaningful opportunity to
be heard.
Substantive Due Process - Answer-Guarantees that the notice,hearing, and result are
fair
Due Process guarantees ________,____________, and _____________? - Answer-A
right to counsel
A right to speedy and public trial
A right to be free from the use of unlawfully seized evidence and unlawfully obtained
confessions.
Two types of Jurisdiction - Answer-Territorial
Subject Matter
Statewide Jurisdiction - Answer-Has North Carolina in the name
North Carolina State Highway Patrol
North Carolina Wildlife enforcement
North Carolina Division of Motor Vehicles
etc.
Local Jurisdiction - Answer-Sheriffs and their Deputies-May arrest in the county, on
county property outside the county, and anywhere in the state for felony committed in
the county.
City Police Officers-May arrest in the city in which they serve, in the area within one mile
of city limits, and on city property outside the city.
Company and Campus Police Jurisdiction - Answer-May arrest on property owned by
their employer
May arrest anywhere on campus and property owned by the college/university as well
as portions of public roads passing through or immediately adjoining their property.
Immediate and Continuous Pursuit - Answer-Officer must continue the pursuit and not
stop to do something else.
Officers may pursue and arrest outside North Carolina only-In Georgia, Virginia, South
Carolina, and Tennessee.
