Arrest, Search And Seizure- TCOLE Practice Questions
2024.
Define "search" - ans -• Any governmental violation of a person's reasonable and
justifiable expectation of privacy.
• A quest for; a looking for.
Define "seizure" - ans -The taking of property or the restraint of a person's
freedom.
Define "probable cause" - ans -Exists where the facts and circumstances known to
the officer, based upon reasonable and trustworthy information, would lead a
reasonably prudent person to believe that a search would produce evidence of an
offense.
What is the presumption regarding a warrantless search? - ans -• A warrantless
search is presumed to be unreasonable.
• The State has the burden of establishing that the search was lawful.
Identify nine factors that may be used to establish probable cause. - ans -• High
crime area
• Recognize through smell (smell marihuana in vehicle)
• Location of suspect (stuck in chimney of closed business)
• Has possession of fruits of crime (has stolen goods)
• Furtive gestures (sticking object under vehicle seat)
• Time of day or night
• Abnormal demeanor
• Dress, clothing, or physical condition of suspect
• Information provided by a credible informant
What is the general rule regarding a search by police? - ans -Officers need a
search warrant to conduct a search, unless a specific exception applies.
What are the 12 exceptions? - ans -• Consent
• Stop and frisk - Terry
• Incident to arrest
, • Vehicle or mobile exception
• Inventory
• Plain view or open view
• Public place or public view - open field
• Emergency search
• Abandoned property
• Administrative regulatory search
• Substance subject to chemical breakdown
• Plain touch
Police ask Susie for consent to search her family home. She is 16 years old,
appears to be mature, and is in charge of her younger sister. She tells officers she
has free access throughout the house and consents to the search. Evidence is
seized from the home tying the parents to drug trafficking. How would the court
analyze this seizure? - ans -• Although officers may legally base a search in this
instance on the minor's consent, the court will closely scrutinize the minor's age,
maturity level, emotional state, etc.
• The recommendation is that officers do not base the search of parent's home
on the minor's consent.
During the examining trial for the offense of intent to distribute cocaine, Officer
Green testifies that he did not inform Mr. Jones that he had a right to say no to
the officer's request for consent to search his vehicle. The cocaine was seized
pursuant to a search of Mr. Jones' vehicle, based on his consent. At what point is
this in the criminal proceeding, since it is taking place during the examining trial?
Should the case be dismissed because of the officer's failure? - ans -Examining
trial - held before indictment; requires the state to prove its probable cause. An
officer is not required to tell a person that he has the right to refuse consent for a
search. The case should not be dismissed.
Officers ask Mrs. Downy for consent to search her son's room for drugs. She walks
officers to the doorway. While standing outside the bedroom, she states, "My
husband and I do not go in Robert's room because the family has an
understanding that his privacy should be respected. But he is only 15, and I don't
want to see him go down the wrong path." Officers search the bedroom and find
drugs. Admissible? - ans -No. She does not have access to the room.
2024.
Define "search" - ans -• Any governmental violation of a person's reasonable and
justifiable expectation of privacy.
• A quest for; a looking for.
Define "seizure" - ans -The taking of property or the restraint of a person's
freedom.
Define "probable cause" - ans -Exists where the facts and circumstances known to
the officer, based upon reasonable and trustworthy information, would lead a
reasonably prudent person to believe that a search would produce evidence of an
offense.
What is the presumption regarding a warrantless search? - ans -• A warrantless
search is presumed to be unreasonable.
• The State has the burden of establishing that the search was lawful.
Identify nine factors that may be used to establish probable cause. - ans -• High
crime area
• Recognize through smell (smell marihuana in vehicle)
• Location of suspect (stuck in chimney of closed business)
• Has possession of fruits of crime (has stolen goods)
• Furtive gestures (sticking object under vehicle seat)
• Time of day or night
• Abnormal demeanor
• Dress, clothing, or physical condition of suspect
• Information provided by a credible informant
What is the general rule regarding a search by police? - ans -Officers need a
search warrant to conduct a search, unless a specific exception applies.
What are the 12 exceptions? - ans -• Consent
• Stop and frisk - Terry
• Incident to arrest
, • Vehicle or mobile exception
• Inventory
• Plain view or open view
• Public place or public view - open field
• Emergency search
• Abandoned property
• Administrative regulatory search
• Substance subject to chemical breakdown
• Plain touch
Police ask Susie for consent to search her family home. She is 16 years old,
appears to be mature, and is in charge of her younger sister. She tells officers she
has free access throughout the house and consents to the search. Evidence is
seized from the home tying the parents to drug trafficking. How would the court
analyze this seizure? - ans -• Although officers may legally base a search in this
instance on the minor's consent, the court will closely scrutinize the minor's age,
maturity level, emotional state, etc.
• The recommendation is that officers do not base the search of parent's home
on the minor's consent.
During the examining trial for the offense of intent to distribute cocaine, Officer
Green testifies that he did not inform Mr. Jones that he had a right to say no to
the officer's request for consent to search his vehicle. The cocaine was seized
pursuant to a search of Mr. Jones' vehicle, based on his consent. At what point is
this in the criminal proceeding, since it is taking place during the examining trial?
Should the case be dismissed because of the officer's failure? - ans -Examining
trial - held before indictment; requires the state to prove its probable cause. An
officer is not required to tell a person that he has the right to refuse consent for a
search. The case should not be dismissed.
Officers ask Mrs. Downy for consent to search her son's room for drugs. She walks
officers to the doorway. While standing outside the bedroom, she states, "My
husband and I do not go in Robert's room because the family has an
understanding that his privacy should be respected. But he is only 15, and I don't
want to see him go down the wrong path." Officers search the bedroom and find
drugs. Admissible? - ans -No. She does not have access to the room.
