TCOLE Arrest, Search and Seizure
UPDATED Questions and CORRECT
Answers
Consensual Encounter - CORRECT ANSWER - Approaching and asking questions of
persons so long as officers recognize that those persons can refuse to identify themselves, refuse
to cooperate, refuses to answer questions, and walk away
Investigatory Detention/Stops - CORRECT ANSWER - The temporary seizure of a
person for investigation based ON AN OFFICER'S REASONABLE SUSPICION of criminal
activity.
(Holding a person, for a limited time, who is not yet under arrest)
To take a person into custody for purposes of charging them with a crime based on an officer's
establishment of probable cause is called? - CORRECT ANSWER - Arrest
What is imagining guilt on slight evidence and without proof or an inarticulate hunch that is
susceptible to error? - CORRECT ANSWER - Suspicion
An objective, articulable suspicion that criminal activity may be afoot and the person to be
detained is connected with that activity? - CORRECT ANSWER - Reasonable suspicion
How long can a person be temporarily detained? - CORRECT ANSWER - As long as
suspicion continues to build
The facts and circumstances within the officer's knowledge and of which they have reasonable
caution in the belief that an offense has been or is being committed. - CORRECT
ANSWER - Probable Cause for arrest
,When the facts and circumstances within the officer's knowledge and of which they had
reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable
caution in the belief that seizable property would be found in a particular place or on a particular
person? - CORRECT ANSWER - Probable Cause for search
On the GScale....
Suspicion = ?
Reasonable Suspicion = ?
Probable Cause = ? - CORRECT ANSWER - Suspicion = Consensual Encounter
Reasonable Suspicion = Temporary Detention
Probable Cause = Arrest
Four Elements Used By Courts That Arrest Has Occurred? - CORRECT ANSWER -
Intent
Authority
Actual Seizure
Understanding
When is a person considered arrested? - CORRECT ANSWER - When he has actually
been placed in restraint or taken into custody. (Note: physical force (handcuffs) does not have to
be used...verbal commands can also be considered "taken into custody")
Refers not only to the actual, corporeal and forcible detention of a person, but likewise to any
coercive measures by threat, menaces, or the fear of injury, whereby one person exercises a
control over the person of another, and detains him within certain limits? - CORRECT
ANSWER - Custody
, The kind of control which one person exercises over another, not to confine him within certain
limits, but to subject him to the general authority and power of the person claiming such right? -
CORRECT ANSWER - Restrain
Once persons in custody indicate their right to remain silent, interrogations must cease. If the
persons in custody request an attorney, the interrogations must cease until an attorney is present
or, alternatively, until there is at least a _________ day break in Miranda custody? - CORRECT
ANSWER - 14
When can a magistrate order an arrest? - CORRECT ANSWER - If an offense has been
commited within his view and if it is a felony or breach of the peace.
In lieu of arrest, a peace officer may release an adult for PI, if? - CORRECT ANSWER -
The officer believes detention in a penal facility is unnecessary for the protection of the
individual or others and :
• The individual is released to the care of an adult who agrees to assume responsibility for the
individual or
• Verbally consents to voluntary treatment for chemical dependency in a program in a treatment
facility
When can an officer make entry into a residence to make an arrest ? - CORRECT
ANSWER - A person who resides in the residence gives consent
or
Exigent circumstances
How long do you have to take a person to a magistrate? - CORRECT ANSWER - 48
hours
Who can prevent the consequence of theft? - CORRECT ANSWER - Any person
UPDATED Questions and CORRECT
Answers
Consensual Encounter - CORRECT ANSWER - Approaching and asking questions of
persons so long as officers recognize that those persons can refuse to identify themselves, refuse
to cooperate, refuses to answer questions, and walk away
Investigatory Detention/Stops - CORRECT ANSWER - The temporary seizure of a
person for investigation based ON AN OFFICER'S REASONABLE SUSPICION of criminal
activity.
(Holding a person, for a limited time, who is not yet under arrest)
To take a person into custody for purposes of charging them with a crime based on an officer's
establishment of probable cause is called? - CORRECT ANSWER - Arrest
What is imagining guilt on slight evidence and without proof or an inarticulate hunch that is
susceptible to error? - CORRECT ANSWER - Suspicion
An objective, articulable suspicion that criminal activity may be afoot and the person to be
detained is connected with that activity? - CORRECT ANSWER - Reasonable suspicion
How long can a person be temporarily detained? - CORRECT ANSWER - As long as
suspicion continues to build
The facts and circumstances within the officer's knowledge and of which they have reasonable
caution in the belief that an offense has been or is being committed. - CORRECT
ANSWER - Probable Cause for arrest
,When the facts and circumstances within the officer's knowledge and of which they had
reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable
caution in the belief that seizable property would be found in a particular place or on a particular
person? - CORRECT ANSWER - Probable Cause for search
On the GScale....
Suspicion = ?
Reasonable Suspicion = ?
Probable Cause = ? - CORRECT ANSWER - Suspicion = Consensual Encounter
Reasonable Suspicion = Temporary Detention
Probable Cause = Arrest
Four Elements Used By Courts That Arrest Has Occurred? - CORRECT ANSWER -
Intent
Authority
Actual Seizure
Understanding
When is a person considered arrested? - CORRECT ANSWER - When he has actually
been placed in restraint or taken into custody. (Note: physical force (handcuffs) does not have to
be used...verbal commands can also be considered "taken into custody")
Refers not only to the actual, corporeal and forcible detention of a person, but likewise to any
coercive measures by threat, menaces, or the fear of injury, whereby one person exercises a
control over the person of another, and detains him within certain limits? - CORRECT
ANSWER - Custody
, The kind of control which one person exercises over another, not to confine him within certain
limits, but to subject him to the general authority and power of the person claiming such right? -
CORRECT ANSWER - Restrain
Once persons in custody indicate their right to remain silent, interrogations must cease. If the
persons in custody request an attorney, the interrogations must cease until an attorney is present
or, alternatively, until there is at least a _________ day break in Miranda custody? - CORRECT
ANSWER - 14
When can a magistrate order an arrest? - CORRECT ANSWER - If an offense has been
commited within his view and if it is a felony or breach of the peace.
In lieu of arrest, a peace officer may release an adult for PI, if? - CORRECT ANSWER -
The officer believes detention in a penal facility is unnecessary for the protection of the
individual or others and :
• The individual is released to the care of an adult who agrees to assume responsibility for the
individual or
• Verbally consents to voluntary treatment for chemical dependency in a program in a treatment
facility
When can an officer make entry into a residence to make an arrest ? - CORRECT
ANSWER - A person who resides in the residence gives consent
or
Exigent circumstances
How long do you have to take a person to a magistrate? - CORRECT ANSWER - 48
hours
Who can prevent the consequence of theft? - CORRECT ANSWER - Any person
