TLETA COMPREHENSIVE EXAM STUDY
GUIDE COMPLETE QUESTIONS AND
SOLUTIONS
●● what does the 4th amendment say?
Answer: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
●● what is a brief encounter?
Answer: "hey can I talk to you?"
person free to leave
●● what is a brief detention?
Answer: "hey stop"
person no longer free to leave. need RS and is a brief detention to rule in
or rule out any criminality.
●● What is reasonable suspicion?
,Answer: when you can articulate specific facts, taken together with
rational inferences from those facts, that would lead a reasonable LEO to
think a crime is being committed, was committed, or had been
committed
●● What is a Terry frisk?
Answer: A pat down of the body and outer clothing for weapons that is
justified by an officer's belief that a suspect is armed and dangerous
(designed to find weapons)
●● what is probable cause?
Answer: exists where the facts and circumstances within a LEOs
knowledge and of which they had reasonable, trustworthy information
are sufficient in themselves to warrant a person of reasonable caution in
the belief thay an offense has been, is about to, or is being committed
(bench mark is the average citizen, can arrest here and request SW)
●● What is a seizure?
Answer: when a reasonable person feels they are not free to leave (blue
lights is a seizure in TN)
●● what is the scope of a seizure?
Answer: 1. purpose
2. physical intrusion on liberty
,3. length of time
●● how is reasonable expectation of privacy judged?
Answer: Katz Test
1. person exhibited an actual expectation of privacy
2. one society is prepared to accept as reasonable
●● what are the exceptions to the 4th Amendment Search Warrant?
Answer: 1. consent
2. exigent circumstances
3. plain view
4. incident to arrest
5. frisk (terry search)
6. open fields
7. protective sweep
*PC is not an exception to a search warrant
●● what is the exclusionary rule?
Answer: evidence obtained illegally cannot be used against a person in
court
, ●● what are exceptions to the exclusionary rule?
Answer: 1. good faith exception
2. inevitable discovery rule
●● When does Miranda apply?
Answer: 1. custody
2. interrogation
3. agent of the government
●● When does Miranda not apply?
Answer: 1. not in custody
2. person volunteers info
3. general scene questions
4. most traffic stops
5. routine booking questions
6. if questioning is done by private persons (no police guidance)
7. public safety rule (where's the gun)
8. rescue doctrine
9. inevitable discovery
●● what case determined the use of force standard?
Answer: Graham v. Connor
GUIDE COMPLETE QUESTIONS AND
SOLUTIONS
●● what does the 4th amendment say?
Answer: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
●● what is a brief encounter?
Answer: "hey can I talk to you?"
person free to leave
●● what is a brief detention?
Answer: "hey stop"
person no longer free to leave. need RS and is a brief detention to rule in
or rule out any criminality.
●● What is reasonable suspicion?
,Answer: when you can articulate specific facts, taken together with
rational inferences from those facts, that would lead a reasonable LEO to
think a crime is being committed, was committed, or had been
committed
●● What is a Terry frisk?
Answer: A pat down of the body and outer clothing for weapons that is
justified by an officer's belief that a suspect is armed and dangerous
(designed to find weapons)
●● what is probable cause?
Answer: exists where the facts and circumstances within a LEOs
knowledge and of which they had reasonable, trustworthy information
are sufficient in themselves to warrant a person of reasonable caution in
the belief thay an offense has been, is about to, or is being committed
(bench mark is the average citizen, can arrest here and request SW)
●● What is a seizure?
Answer: when a reasonable person feels they are not free to leave (blue
lights is a seizure in TN)
●● what is the scope of a seizure?
Answer: 1. purpose
2. physical intrusion on liberty
,3. length of time
●● how is reasonable expectation of privacy judged?
Answer: Katz Test
1. person exhibited an actual expectation of privacy
2. one society is prepared to accept as reasonable
●● what are the exceptions to the 4th Amendment Search Warrant?
Answer: 1. consent
2. exigent circumstances
3. plain view
4. incident to arrest
5. frisk (terry search)
6. open fields
7. protective sweep
*PC is not an exception to a search warrant
●● what is the exclusionary rule?
Answer: evidence obtained illegally cannot be used against a person in
court
, ●● what are exceptions to the exclusionary rule?
Answer: 1. good faith exception
2. inevitable discovery rule
●● When does Miranda apply?
Answer: 1. custody
2. interrogation
3. agent of the government
●● When does Miranda not apply?
Answer: 1. not in custody
2. person volunteers info
3. general scene questions
4. most traffic stops
5. routine booking questions
6. if questioning is done by private persons (no police guidance)
7. public safety rule (where's the gun)
8. rescue doctrine
9. inevitable discovery
●● what case determined the use of force standard?
Answer: Graham v. Connor
