SLEA- Week 4 Test Questions with
Quality Answers.
The 4th amendment - Answer The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures,
The Exclusionary Rule - Answer If you gather evidence outside of the 4th amendment that
evidence gets thrown from case.
• What is a Search? 3 Prong test - Answer 1. An intrusion by the state
2. Into an area where a person has a reasonable expectation of privacy;
3. Which is recognized by the state as being reasonable.
Investigative stop (1st level seizure) - Answer Needs reasonable articulable suspicion that a
crime has occurred or is about to occur
Arrest (2nd level seizure) - Answer Officer Needs Probable Cause: More than a 51% chance
the person is guilty of a crime
The rule - Answer In order to search for evidence of a crime, officers need a search warrant
based upon probable cause
Anticipatory search warrants - Answer A warrant which a judge issues where the P.C. is based
upon a future occurrence.
Officers must have a search warrant based on probable cause to search the residence for
evidence or contraband, unless an exception exists; t/f - Answer True
An arrest warrant for the occupant of a residence will allow entry w/o a warrant if the officer
has probable cause to believe the arrestee is inside the residence
t/f - Answer True
Curtilage - Answer the area immediately surrounding the home
Consentual overhears - Answer Court order where P.C. exists to believe a conversation
between an officer and a suspect will contain evidence of and discussion of a crime
, Terry stop search - Answer - Officer needs only reasonable suspicion if suspect is armed or
poses a threat to the officer's safety;
• Pat down of outer clothing for weapons only (not a search). This applies to passenger
compartments of vehicles.
Plain Feel Doctrine - Answer the officer may seize any object "whose contour or mass" he or
she identifies as apparent contraband.
Search incident to arrest - Answer A warrant less search search the arrestee, anything he is
carrying BUT see cell phones or has on his person, and the area within the immediate control of
the arrestee
-This applies to driver and passengers of car and car itself (Lunge area) ONLY if there is an officer
safety risk which can be articulated or there is a Reasonable Belief that evidence of the crime
associated with the arrest is in the vehicle.
Do you need a search warrant to search a phone? - Answer A search warrant is needed to
search a phone
Can parolees be searched with reasonable suspicion or no suspicion based on their parole
terms? - Answer Yes they can be searched
Mobile Conveyance - Answer • Exception to the warrant rule requiring officers to only need
probable cause;
• Can search only where item may be concealed or stored;
• Due to the mobility of the conveyance and the reduced expectation of privacy.
• Cannot search mobile homes that are parked, need a search warrant.
Can an officer direct the driver and passengers in/out of the car? - Answer Yes an officer can
direct the driver and passengers in/out of a vehicle
What does a drug dogs "hit" give you as an officer on a traffic stop? - Answer probable cause
to search· Must not extend the traffic stop unless there is reasonable suspicion of drugs or
contraband;
· Not considered a search for 4th amendment purposes.
Consent to Search - Answer Consent must be Voluntary from a person who has apparent
authority over premises or area of search. Can't deceive people into consent,"Totality of
Circumstances'
Quality Answers.
The 4th amendment - Answer The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures,
The Exclusionary Rule - Answer If you gather evidence outside of the 4th amendment that
evidence gets thrown from case.
• What is a Search? 3 Prong test - Answer 1. An intrusion by the state
2. Into an area where a person has a reasonable expectation of privacy;
3. Which is recognized by the state as being reasonable.
Investigative stop (1st level seizure) - Answer Needs reasonable articulable suspicion that a
crime has occurred or is about to occur
Arrest (2nd level seizure) - Answer Officer Needs Probable Cause: More than a 51% chance
the person is guilty of a crime
The rule - Answer In order to search for evidence of a crime, officers need a search warrant
based upon probable cause
Anticipatory search warrants - Answer A warrant which a judge issues where the P.C. is based
upon a future occurrence.
Officers must have a search warrant based on probable cause to search the residence for
evidence or contraband, unless an exception exists; t/f - Answer True
An arrest warrant for the occupant of a residence will allow entry w/o a warrant if the officer
has probable cause to believe the arrestee is inside the residence
t/f - Answer True
Curtilage - Answer the area immediately surrounding the home
Consentual overhears - Answer Court order where P.C. exists to believe a conversation
between an officer and a suspect will contain evidence of and discussion of a crime
, Terry stop search - Answer - Officer needs only reasonable suspicion if suspect is armed or
poses a threat to the officer's safety;
• Pat down of outer clothing for weapons only (not a search). This applies to passenger
compartments of vehicles.
Plain Feel Doctrine - Answer the officer may seize any object "whose contour or mass" he or
she identifies as apparent contraband.
Search incident to arrest - Answer A warrant less search search the arrestee, anything he is
carrying BUT see cell phones or has on his person, and the area within the immediate control of
the arrestee
-This applies to driver and passengers of car and car itself (Lunge area) ONLY if there is an officer
safety risk which can be articulated or there is a Reasonable Belief that evidence of the crime
associated with the arrest is in the vehicle.
Do you need a search warrant to search a phone? - Answer A search warrant is needed to
search a phone
Can parolees be searched with reasonable suspicion or no suspicion based on their parole
terms? - Answer Yes they can be searched
Mobile Conveyance - Answer • Exception to the warrant rule requiring officers to only need
probable cause;
• Can search only where item may be concealed or stored;
• Due to the mobility of the conveyance and the reduced expectation of privacy.
• Cannot search mobile homes that are parked, need a search warrant.
Can an officer direct the driver and passengers in/out of the car? - Answer Yes an officer can
direct the driver and passengers in/out of a vehicle
What does a drug dogs "hit" give you as an officer on a traffic stop? - Answer probable cause
to search· Must not extend the traffic stop unless there is reasonable suspicion of drugs or
contraband;
· Not considered a search for 4th amendment purposes.
Consent to Search - Answer Consent must be Voluntary from a person who has apparent
authority over premises or area of search. Can't deceive people into consent,"Totality of
Circumstances'
