Sergeant exam UPDATED ACTUAL Exam
Questions and CORRECT Answers
Probable Cause - CORRECT ANSWER- Facts and circumstances that would lead a
reasonable and prudent person to believe a crime has, was or is about to be committed
consensual encounters - CORRECT ANSWER- require no justification
investigative detention - CORRECT ANSWER- require reasonable suspicion
arrests - CORRECT ANSWER- require a showing of probable cause
for the purpose of the 4th amendment and article 11 an investigative detention is considered a -
CORRECT ANSWER- seizure
Reasonable suspicion defined - CORRECT ANSWER- some level of suspicion greater than
a mere suspicion or hunch but less than probable cause
An officer may detain a person for - CORRECT ANSWER- a reasonable amount of time or
the time necessary to confirm the officers articulable facts to support or deny suspicion of
criminal activity
During an investigative detention people are NOT required by law to identify themselves to
police officers - CORRECT ANSWER- People are not required to identify themselves to
officers during a detention
Title 23 VSA 1012 states - CORRECT ANSWER- operators of a motor vehicle must identify
themselves to a law enforcement officer (obedience to law enforcement officers)
,non-moving violations of title 23 and other civil offenses i.e. title 7 alcohol offenses are not
covered by - CORRECT ANSWER- Title 23 VSA 1012 therefore operators would not be
required to identify themselves in these situations
State V Pierce - CORRECT ANSWER- Officers have the right to detain witnesses
Officers can employ force to a subject to gain , compliance during investigative detentions -
CORRECT ANSWER- least intrusive means
Totality of the circumstances examples to consider - CORRECT ANSWER- nature of the
crime under investigation
degree of suspicion
location of stop time of day
State V Simoneau - CORRECT ANSWER- Officers can handcuff during investigative
detentions
Frisk or pat-down two prong test - CORRECT ANSWER- 1. Officer must have a reasonable
belief that the person is armed with a weapon
2. Officer must have reasonable fear the person may harm the officer or another person
Scope of a pat down or frisk - CORRECT ANSWER- is a limited search for weapons to
ensure the safety of the officer or another person and should only consist of a patting or crushing
of the outer garments. Officers can remove hard objects that could be used as a weapon i.e.
handgun, knife, pen, keys
Instantly recognizable during a pat down means - CORRECT ANSWER- officer may seize
an item discovered during a pat-down if it is immediately recognizable as contraband ie plain
feel doctrine
, State v Lamb states - CORRECT ANSWER- Police may stop a vehicle based on little more
than reasonable suspicion
Pretext stops - CORRECT ANSWER- Vermont has not ruled on this so officers should be
cautious
State v Sprague - CORRECT ANSWER- Officers cannot order operators or passengers out
of a vehicle without articulating that by ordering the individuals out of the vehicle is necessary to
protect the officer or others or a crime has been committed
Probable cause defined - CORRECT ANSWER- facts and circumstances that would lead a
reasonable and prudent person to believe that a crime has, was or is about to be
committed....MORE LIKELY THAN NOT
State v Brown - CORRECT ANSWER- MORE LIKELY THAN NOT
Arrest defined - CORRECT ANSWER- a confrontation and intrusion based on probable
cause for the purpose of processing into the system
Continued Custody - CORRECT ANSWER- the arraignment of the person or jailing of the
person to await arraignment
Probable cause is normally derived from - CORRECT ANSWER- -officer investigation
-information from average citizen
Information from a confidential informant.
Aguillar-Spinelli Two prong test - CORRECT ANSWER- determines the validity of hearsay
information
1. Basis of knowledge
2. Veracity
Questions and CORRECT Answers
Probable Cause - CORRECT ANSWER- Facts and circumstances that would lead a
reasonable and prudent person to believe a crime has, was or is about to be committed
consensual encounters - CORRECT ANSWER- require no justification
investigative detention - CORRECT ANSWER- require reasonable suspicion
arrests - CORRECT ANSWER- require a showing of probable cause
for the purpose of the 4th amendment and article 11 an investigative detention is considered a -
CORRECT ANSWER- seizure
Reasonable suspicion defined - CORRECT ANSWER- some level of suspicion greater than
a mere suspicion or hunch but less than probable cause
An officer may detain a person for - CORRECT ANSWER- a reasonable amount of time or
the time necessary to confirm the officers articulable facts to support or deny suspicion of
criminal activity
During an investigative detention people are NOT required by law to identify themselves to
police officers - CORRECT ANSWER- People are not required to identify themselves to
officers during a detention
Title 23 VSA 1012 states - CORRECT ANSWER- operators of a motor vehicle must identify
themselves to a law enforcement officer (obedience to law enforcement officers)
,non-moving violations of title 23 and other civil offenses i.e. title 7 alcohol offenses are not
covered by - CORRECT ANSWER- Title 23 VSA 1012 therefore operators would not be
required to identify themselves in these situations
State V Pierce - CORRECT ANSWER- Officers have the right to detain witnesses
Officers can employ force to a subject to gain , compliance during investigative detentions -
CORRECT ANSWER- least intrusive means
Totality of the circumstances examples to consider - CORRECT ANSWER- nature of the
crime under investigation
degree of suspicion
location of stop time of day
State V Simoneau - CORRECT ANSWER- Officers can handcuff during investigative
detentions
Frisk or pat-down two prong test - CORRECT ANSWER- 1. Officer must have a reasonable
belief that the person is armed with a weapon
2. Officer must have reasonable fear the person may harm the officer or another person
Scope of a pat down or frisk - CORRECT ANSWER- is a limited search for weapons to
ensure the safety of the officer or another person and should only consist of a patting or crushing
of the outer garments. Officers can remove hard objects that could be used as a weapon i.e.
handgun, knife, pen, keys
Instantly recognizable during a pat down means - CORRECT ANSWER- officer may seize
an item discovered during a pat-down if it is immediately recognizable as contraband ie plain
feel doctrine
, State v Lamb states - CORRECT ANSWER- Police may stop a vehicle based on little more
than reasonable suspicion
Pretext stops - CORRECT ANSWER- Vermont has not ruled on this so officers should be
cautious
State v Sprague - CORRECT ANSWER- Officers cannot order operators or passengers out
of a vehicle without articulating that by ordering the individuals out of the vehicle is necessary to
protect the officer or others or a crime has been committed
Probable cause defined - CORRECT ANSWER- facts and circumstances that would lead a
reasonable and prudent person to believe that a crime has, was or is about to be
committed....MORE LIKELY THAN NOT
State v Brown - CORRECT ANSWER- MORE LIKELY THAN NOT
Arrest defined - CORRECT ANSWER- a confrontation and intrusion based on probable
cause for the purpose of processing into the system
Continued Custody - CORRECT ANSWER- the arraignment of the person or jailing of the
person to await arraignment
Probable cause is normally derived from - CORRECT ANSWER- -officer investigation
-information from average citizen
Information from a confidential informant.
Aguillar-Spinelli Two prong test - CORRECT ANSWER- determines the validity of hearsay
information
1. Basis of knowledge
2. Veracity
