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POST PC 832 EXAM QUESTIONS AND ANSWERS

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POST PC 832 EXAM QUESTIONS AND ANSWERS

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POST PC 832 EXAM QUESTIONS AND
ANSWERS



4th Amendment - Correct Answers -The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures

5th Amendment - Correct Answers -The Right to Remain Silent/Double Jeopardy, right
to due process, No person shall be held for capital offense without indictment of a grand
jury.

14th Amendment - Correct Answers -Equal protection of laws & right to due process

US Code Title 42 Section 1983 - Correct Answers -States that individuals acting under
color of law who deprive someone of any legal right can be held civilly liable.

Acting under color of law - Correct Answers -via your authority as a peace officer / An
action carried out as if under the authority of law, but is actually done in violation of the
law.

US Code Title 18 Section 241 - Correct Answers -Makes it a federal crime for two or
more persons to conspire to injure, oppress, threaten, or intimidate someone for doing
something they have a legal right to do.

Instrumentality Searches - Correct Answers -Where the vehicle is the thing used in a
crime such as a hit and run or vehicle used during the commission of sex crime.A drive-
by shooting would not qualify.

6th Amendment - Correct Answers -Jury of peers, Right to counsel, right to witnesses,

8th Amendment - Correct Answers -Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.

Preliminary Hearing - Correct Answers -A screening procedure used in felony cases to
determine if there is enough evidence to hold a defendant for trial

US Code Title 18 Section 242 - Correct Answers -makes it a federal crime to deprive a
person, under color of law, of any legal right, or to punish a person differently, based on
that person's color, race, or citizenship status.

, Consensual encounters - Correct Answers -Contact with a person under circumstances
which would cause a regular person to believe they are free to leave or not cooperate

Non-Consensual/Detention Triggers - Correct Answers -

Detention - Correct Answers -Individual is not free to leave but is not under arrest. In-
between step between a consensual encounter and arrest. Requires reasonable
suspicion. Requires reasonable suspicion to detain and is limited in scope, intensity,
and duration.

Arrest - Correct Answers -Taking a person into custody in a case and in the manner
authorized by law. Requires probable cause or warrant

Elements of a lawful arrest - Correct Answers -Made by a peace officer or private
person.
If PPA, LE Must take into custody
Actual restraint or submission to authority
Reasonable force may be used to make arrest, prevent escape, or overcome
resistance.

Information given to arrestees - Correct Answers -Intent, Cause, and Authority:
Must tell them "you are under arrest", the cause, and what gives you the authority to
make an arrest.

Warrantless Misdemeanor Arrests - Correct Answers -Juveniles
DUI
Carrying a loaded firearm
Vioalting Restraining Order
Domestic Violence
Battery on school property while in session
Battery against emergency service workers
Concealed firearm at an airport

Warrantless Felony Arrests - Correct Answers -Witnessed or Probable Cause

Arrest Warrant - Correct Answers -Written order by a judge containing:
Name
Crime/PC
City or County of issuance
Signature of issuing authority with title of office
Amount of bail

Occurs after an arrest or charges are filed.

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