FLETC UPTP EXAM 2 QUESTIONS AND
VERIFIED ANSWERS
Terry "Frisk" of Vehicle ANSW✅✅limited to entire passenger compartment and only unlocked
containers where weapon may be hidden
ex: illegal- feel under the mats when no weapon is there but then lift up the mat & find drugs
Probable Cause ANSW✅✅Articulable facts that a reasonable person would believe crime is afoot
-warrant: best possible probable cause
4 sources of reliable facts that can be probable cause ANSW✅✅1) other officers word
2) victims
3) witnesses
4) partners in crime
Aguilar Test: Two pronged test ANSW✅✅1) credibility of the informant (past history, usually at
least 3 times)
2) informant's basis of knowledge (how is it they know the facts)
Illinois vs Gates ANSW✅✅Totality of the circumstances approach to determining probable cause;
best test for probable cause
Exclusionary Rule origin, purpose, & scope ANSW✅✅origin: Supreme Court
purpose: discourage police miscondcut
scope: cannot used illegal seized evidence at trial, but can be used before & after
Exclusionary Rule ANSW✅✅improperly gathered evidence may not be introduced in a criminal
trial
-judge required to be applied @ trial
4 Exceptions to Exclusionary Rule ANSW✅✅No standing to object/lack of standing
,Impeachment
Good faith
Inevitable Discovery
Exclusionary Rule: No standing to object/lack of standing ANSW✅✅government violated
someone's rights but not yours
-didn't violate my rights but violated someone else's
Exclusionary Rule: Impeachment ANSW✅✅defendant has to get on the stand & lie under oath
Exclusionary Rule: Good Faith ANSW✅✅Police didn't do anything wrong but the judge should've
known it was PC
Exclusionary Rule: Inevitable Discovery ANSW✅✅2 searches @ the same time; bad search got
evidence first but good search would've eventually found evidence, if you can articulate that the
good search would've discovered
"Plain Touch" Doctrine ANSW✅✅May seize contraband in Terry Frisk
ex: feels drugs in pocket
Reasonable Officer ANSW✅✅a person without bias that lives in our society that has police
training that knows the facts comes to conclusion that crime is afoot
Crime is afoot ANSW✅✅Crime is about to happen, currently happening, or recently happened
Reasonable person ANSW✅✅a person without bias that lives in our society that does not have
police training that knows the facts comes to conclusion that crime is afoot
DOJ Policy on Race ANSW✅✅1) specific suspect for specific crime (BOLO)
2) investigating ongoing activity of a group (race is part of description)
3) legitimate terroristic threat
, Peonage Title 18 USC 1581 ANSW✅✅a status or condition of compulsory service, based on the
indebtedness of the peon to the holder of the debt
Forced Labor Title 18 USC 1589 ANSW✅✅1) by means of force, threats of force, physical restraint
2) means of serious harm or threats
3) means of abuse or threatened abuse of law or legal process
4) means of any scheme, plan, or pattern to make a person suffer serious harm or physical restraint
Sex Trafficking Title 18 USC 1591 ANSW✅✅recruits, entices, harbors, transports, provides,
obtains, advertises, maintains, patronizes, or solicits by sexual acts to a person; benefits financially
or by receiving anything of value
Arrest Warrants ANSW✅✅about the person, not the property/residence
-signed by judge, name/nickname/description, offense charged, command to arrest
Felony Warrant ANSW✅✅Probable cause to arrest but if suspect goes into REP you need arrest
warrant
Misdemeanor Warrant ANSW✅✅If it didn't occur in your presence, you need an arrest warrant
Warrantless Arrest ANSW✅✅Probable Cause for felony in public arrest without warrant; cannot
enter REP unless consent or exigent circumstances to make warrantless arrest
4 ways to search vehicle without consent ANSW✅✅Frisk
Search incident to arrest
Mobile Conveyance
Inventory Search
Search incident to arrest requirements & scope ANSW✅✅Scrope: discover weapons, prevent
destruction of evidence, discover means of escape/A warrantless search of a vehicle for items
related to what they were arrested for
can search person, passenger compartment (locked & unlocked), no trunk
VERIFIED ANSWERS
Terry "Frisk" of Vehicle ANSW✅✅limited to entire passenger compartment and only unlocked
containers where weapon may be hidden
ex: illegal- feel under the mats when no weapon is there but then lift up the mat & find drugs
Probable Cause ANSW✅✅Articulable facts that a reasonable person would believe crime is afoot
-warrant: best possible probable cause
4 sources of reliable facts that can be probable cause ANSW✅✅1) other officers word
2) victims
3) witnesses
4) partners in crime
Aguilar Test: Two pronged test ANSW✅✅1) credibility of the informant (past history, usually at
least 3 times)
2) informant's basis of knowledge (how is it they know the facts)
Illinois vs Gates ANSW✅✅Totality of the circumstances approach to determining probable cause;
best test for probable cause
Exclusionary Rule origin, purpose, & scope ANSW✅✅origin: Supreme Court
purpose: discourage police miscondcut
scope: cannot used illegal seized evidence at trial, but can be used before & after
Exclusionary Rule ANSW✅✅improperly gathered evidence may not be introduced in a criminal
trial
-judge required to be applied @ trial
4 Exceptions to Exclusionary Rule ANSW✅✅No standing to object/lack of standing
,Impeachment
Good faith
Inevitable Discovery
Exclusionary Rule: No standing to object/lack of standing ANSW✅✅government violated
someone's rights but not yours
-didn't violate my rights but violated someone else's
Exclusionary Rule: Impeachment ANSW✅✅defendant has to get on the stand & lie under oath
Exclusionary Rule: Good Faith ANSW✅✅Police didn't do anything wrong but the judge should've
known it was PC
Exclusionary Rule: Inevitable Discovery ANSW✅✅2 searches @ the same time; bad search got
evidence first but good search would've eventually found evidence, if you can articulate that the
good search would've discovered
"Plain Touch" Doctrine ANSW✅✅May seize contraband in Terry Frisk
ex: feels drugs in pocket
Reasonable Officer ANSW✅✅a person without bias that lives in our society that has police
training that knows the facts comes to conclusion that crime is afoot
Crime is afoot ANSW✅✅Crime is about to happen, currently happening, or recently happened
Reasonable person ANSW✅✅a person without bias that lives in our society that does not have
police training that knows the facts comes to conclusion that crime is afoot
DOJ Policy on Race ANSW✅✅1) specific suspect for specific crime (BOLO)
2) investigating ongoing activity of a group (race is part of description)
3) legitimate terroristic threat
, Peonage Title 18 USC 1581 ANSW✅✅a status or condition of compulsory service, based on the
indebtedness of the peon to the holder of the debt
Forced Labor Title 18 USC 1589 ANSW✅✅1) by means of force, threats of force, physical restraint
2) means of serious harm or threats
3) means of abuse or threatened abuse of law or legal process
4) means of any scheme, plan, or pattern to make a person suffer serious harm or physical restraint
Sex Trafficking Title 18 USC 1591 ANSW✅✅recruits, entices, harbors, transports, provides,
obtains, advertises, maintains, patronizes, or solicits by sexual acts to a person; benefits financially
or by receiving anything of value
Arrest Warrants ANSW✅✅about the person, not the property/residence
-signed by judge, name/nickname/description, offense charged, command to arrest
Felony Warrant ANSW✅✅Probable cause to arrest but if suspect goes into REP you need arrest
warrant
Misdemeanor Warrant ANSW✅✅If it didn't occur in your presence, you need an arrest warrant
Warrantless Arrest ANSW✅✅Probable Cause for felony in public arrest without warrant; cannot
enter REP unless consent or exigent circumstances to make warrantless arrest
4 ways to search vehicle without consent ANSW✅✅Frisk
Search incident to arrest
Mobile Conveyance
Inventory Search
Search incident to arrest requirements & scope ANSW✅✅Scrope: discover weapons, prevent
destruction of evidence, discover means of escape/A warrantless search of a vehicle for items
related to what they were arrested for
can search person, passenger compartment (locked & unlocked), no trunk
