CRIMINAL PROCEDURE GPSTC UPDATED
COMPREHENSIVE EXAM QUESTIONS AND ANSWERS
SURE A+
✔✔Scope - ✔✔The range of one's authority, breadth, or opportunity to function
ex: boundary or limits imposed by the size or nature of the items
✔✔Tier 1 - ✔✔Verbal Encounter
✔✔Tier 2 - ✔✔Brief Seizure
Must have ARS
✔✔Tier 3 - ✔✔Arrest
Must have PC
✔✔Arrest - ✔✔restricting someone's movement
✔✔Elements of an arrest - ✔✔Intent
Seizure
Communication/Understanding
✔✔Seizure - ✔✔Gov't termination of movement through means intentionally applied
, ✔✔2 types of seizures - ✔✔Actual
Constructive
✔✔Actual Seizure - ✔✔Physical Force
✔✔Constructive Seizure - ✔✔Show of Authority
ex: telling someone they are under arrest while they are running
✔✔Custodial Arrest - ✔✔1. committed offense in officer presence
2. offender may escape
3. PC that a FV occured
4. PC that offender violated a criminal FV order
5. PC involving a vulnerable adult
6. failure of justice (ex- may flee country)
✔✔Non custodial arrest (citations) - ✔✔1. happened in officer's presence
2. info rcvd from another officer
3. violation was the result of a MVA
✔✔Davis v. State - ✔✔an officer that has completed the POST requirements may arrest
even though he has not yet rcvd certificate
✔✔2 parts of an arrest warrant - ✔✔1. Affidavit
2. Command
✔✔Affidavit - ✔✔sworn statement; stating facts of case
✔✔Command - ✔✔order of a court; order from judge w/ name of person to arrest
✔✔Under a warrant, how long to bring someone before judicial officer? - ✔✔72 hrs
✔✔Without warrant, how long to bring someone before judicial officer? - ✔✔48 hrs
✔✔Diplomatic Immunity - ✔✔Practice in international law under which ambassadors
and other diplomatic officials have special privileges and are not subject to the laws of
the state to which they are accredited.
✔✔Chimel v. California - ✔✔Established that when arresting a suspect, the officer may
only search what is the immediate control of the victim (without a search warrant).
✔✔When a person is arrested, an officer may search..... - ✔✔the person and the
immediate area of the individual to prevent attack, escape, obtaining fruits of the crime,
destroying evidence
COMPREHENSIVE EXAM QUESTIONS AND ANSWERS
SURE A+
✔✔Scope - ✔✔The range of one's authority, breadth, or opportunity to function
ex: boundary or limits imposed by the size or nature of the items
✔✔Tier 1 - ✔✔Verbal Encounter
✔✔Tier 2 - ✔✔Brief Seizure
Must have ARS
✔✔Tier 3 - ✔✔Arrest
Must have PC
✔✔Arrest - ✔✔restricting someone's movement
✔✔Elements of an arrest - ✔✔Intent
Seizure
Communication/Understanding
✔✔Seizure - ✔✔Gov't termination of movement through means intentionally applied
, ✔✔2 types of seizures - ✔✔Actual
Constructive
✔✔Actual Seizure - ✔✔Physical Force
✔✔Constructive Seizure - ✔✔Show of Authority
ex: telling someone they are under arrest while they are running
✔✔Custodial Arrest - ✔✔1. committed offense in officer presence
2. offender may escape
3. PC that a FV occured
4. PC that offender violated a criminal FV order
5. PC involving a vulnerable adult
6. failure of justice (ex- may flee country)
✔✔Non custodial arrest (citations) - ✔✔1. happened in officer's presence
2. info rcvd from another officer
3. violation was the result of a MVA
✔✔Davis v. State - ✔✔an officer that has completed the POST requirements may arrest
even though he has not yet rcvd certificate
✔✔2 parts of an arrest warrant - ✔✔1. Affidavit
2. Command
✔✔Affidavit - ✔✔sworn statement; stating facts of case
✔✔Command - ✔✔order of a court; order from judge w/ name of person to arrest
✔✔Under a warrant, how long to bring someone before judicial officer? - ✔✔72 hrs
✔✔Without warrant, how long to bring someone before judicial officer? - ✔✔48 hrs
✔✔Diplomatic Immunity - ✔✔Practice in international law under which ambassadors
and other diplomatic officials have special privileges and are not subject to the laws of
the state to which they are accredited.
✔✔Chimel v. California - ✔✔Established that when arresting a suspect, the officer may
only search what is the immediate control of the victim (without a search warrant).
✔✔When a person is arrested, an officer may search..... - ✔✔the person and the
immediate area of the individual to prevent attack, escape, obtaining fruits of the crime,
destroying evidence
