FLETC UPTP EXAM 2 FINAL PAPER UPDATED
QUESTIONS VERIFIED COMPLETE
ANSWERS 100 PERCENT CORRECT
◉ Terry "Frisk" of Vehicle
Answer: limited to entire passenger compartment and only unlocked
containers where weapon may be hidden
ex: illegal- feel under the mats when no weapon is there but then lift
up the mat & find drugs
◉ Probable Cause
Answer: Articulable facts that a reasonable person would believe
crime is afoot
-warrant: best possible probable cause
◉ 4 sources of reliable facts that can be probable cause
Answer: 1) other officers word
2) victims
3) witnesses
4) partners in crime
◉ Aguilar Test: Two pronged test
,Answer: 1) credibility of the informant (past history, usually at least
3 times)
2) informant's basis of knowledge (how is it they know the facts)
◉ Illinois vs Gates
Answer: Totality of the circumstances approach to determining
probable cause; best test for probable cause
◉ Exclusionary Rule origin, purpose, & scope
Answer: origin: Supreme Court
purpose: discourage police miscondcut
scope: cannot used illegal seized evidence at trial, but can be used
before & after
◉ Exclusionary Rule
Answer: improperly gathered evidence may not be introduced in a
criminal trial
-judge required to be applied @ trial
◉ 4 Exceptions to Exclusionary Rule
Answer: No standing to object/lack of standing
Impeachment
Good faith
, Inevitable Discovery
◉ Exclusionary Rule: No standing to object/lack of standing
Answer: government violated someone's rights but not yours
-didn't violate my rights but violated someone else's
◉ Exclusionary Rule: Impeachment
Answer: defendant has to get on the stand & lie under oath
◉ Exclusionary Rule: Good Faith
Answer: Police didn't do anything wrong but the judge should've
known it was PC
◉ Exclusionary Rule: Inevitable Discovery
Answer: 2 searches @ the same time; bad search got evidence first
but good search would've eventually found evidence, if you can
articulate that the good search would've discovered
◉ "Plain Touch" Doctrine
Answer: May seize contraband in Terry Frisk
ex: feels drugs in pocket
QUESTIONS VERIFIED COMPLETE
ANSWERS 100 PERCENT CORRECT
◉ Terry "Frisk" of Vehicle
Answer: limited to entire passenger compartment and only unlocked
containers where weapon may be hidden
ex: illegal- feel under the mats when no weapon is there but then lift
up the mat & find drugs
◉ Probable Cause
Answer: Articulable facts that a reasonable person would believe
crime is afoot
-warrant: best possible probable cause
◉ 4 sources of reliable facts that can be probable cause
Answer: 1) other officers word
2) victims
3) witnesses
4) partners in crime
◉ Aguilar Test: Two pronged test
,Answer: 1) credibility of the informant (past history, usually at least
3 times)
2) informant's basis of knowledge (how is it they know the facts)
◉ Illinois vs Gates
Answer: Totality of the circumstances approach to determining
probable cause; best test for probable cause
◉ Exclusionary Rule origin, purpose, & scope
Answer: origin: Supreme Court
purpose: discourage police miscondcut
scope: cannot used illegal seized evidence at trial, but can be used
before & after
◉ Exclusionary Rule
Answer: improperly gathered evidence may not be introduced in a
criminal trial
-judge required to be applied @ trial
◉ 4 Exceptions to Exclusionary Rule
Answer: No standing to object/lack of standing
Impeachment
Good faith
, Inevitable Discovery
◉ Exclusionary Rule: No standing to object/lack of standing
Answer: government violated someone's rights but not yours
-didn't violate my rights but violated someone else's
◉ Exclusionary Rule: Impeachment
Answer: defendant has to get on the stand & lie under oath
◉ Exclusionary Rule: Good Faith
Answer: Police didn't do anything wrong but the judge should've
known it was PC
◉ Exclusionary Rule: Inevitable Discovery
Answer: 2 searches @ the same time; bad search got evidence first
but good search would've eventually found evidence, if you can
articulate that the good search would've discovered
◉ "Plain Touch" Doctrine
Answer: May seize contraband in Terry Frisk
ex: feels drugs in pocket
