Seizure Questions with Accurate
Answers
16 and 17 year olds are considered______________ for the purpose of the
Miranda warnings. correct answer Juveniles
4th Amendment protects a citizen from... correct answer Unreasonable searches
and seizures where the citizen has a reasonable expectation of privacy
A copy of the warrant or order will be sufficient to arrest when? correct answer
When the original warrant or order is in the possession of a member of a Law
Enforcement Agency located in the county where the officer is employed and the
officer verifies with the agency that the warrant is current and valid
A magistrate or clerk can issue a nontestimonial order. T or F correct answer
False- A magistrate or clerk cannot issue a nontestimonial identification order
A nontestimonial identification order may not be issued against a person
previously subjected to a nontestimonial identification order unless based on
different evidence which was not reasonably available when the previous order
was issued. T or F correct answer True
A person cannot be detained for a nontestimonial identification order for longer
than_________ hours unless arrested. correct answer 6 Hours
,A person has been "seized" when...? correct answer Under the circumstances a
reasonable person in their position would not feel free to walk or drive away from
the Law Enforcement Official.
A person is arrested when..... correct answer When they submit to an arresting
officer
OR
When their freedom of movement has been significantly deprived (functional
Equivalent)
A private citizen may detain an offender if.... correct answer The citizen has
probable cause to believe the offender committed a:
Felony
Offense involving a breach of the peace
An offense involving physical injury to another
An offense involving theft or destruction of property
A search warrant may be issued for the search and seizure of electronic devices. T
or F correct answer True
A seizure occurs when.... correct answer A Law Enforcement Officer applies
physical force to a suspect
Issues a command(STOP) and the subject complies
Or when a reasonable person would not feel free to ignore the police presence
and go about their own business
,A spouse or roommate may only give consent for_____? correct answer Common
area and room for which they are personally responsible. They MAY NOT consent
to a search of a roommates/spouses personal room.
Abandoned Property correct answer Abandoned property is property in which a
person has intentionally relinquished any interest.
Additional Juvenile Warning correct answer "You have the right to have a parent,
guardian, custodian present"
Administrative Inspections correct answer During an administrative inspection the
role of the Law enforcement officer is to stand by and keep the peace. Resisting
officers is a misdemeanor
Administrative Inspections Evidence correct answer Evidence of a crime obtained
during administrative inspection is inadmissable in court
After arrest an officer should correct answer Seek medical assistance for suspect if
necessary, and otherwise monitor the physical well-being at all times while the
suspect is in your custody
After being read his rights a person may not be interrogated until what?? correct
answer He either has his lawyer present
OR
He knowingly and voluntarily waives his rights
An arrest is complete when....... correct answer The suspect submits to the
control of the arresting officer who has indicated his intention to arrest, or the
, arresting officer with intention to arrest, takes a person into custody by the use of
physical force
An officer may frisk a person when he has an articulable reasonable suspicion that
the person may be ___________________? correct answer Armed and Dangerous
Anticipatory Search Warrant correct answer An anticipatory search warrant this is
issued prior to all of the facts and events taking place that create the probable
cause to search.
Anticipatory Search Warrants-Conditions correct answer Must set out explicit,
clear, and narrowly drawn triggering events that must occur before execution of
the warrant may take place.
These triggering events, from which probable cause arises, must be A.
Ascertainable B. Preordained
A search may not occur until and unless the event occurs
The warrant should state on its face "Anticipatory Search Warrant"
Any officer who willfully omits or misrepresents evidence or information may be
charged with____________? correct answer Class H Felony
AOC correct answer Administrative Office of the Courts
Application for a warrant should contain____? correct answer The AOC Form
Description of property to be seized
Identify the Crime committed
Describing the property to be searched