RBC 1 COMPLETE QUESTIONS AND
ANSWERS GRADED A+
◉ When can a vehicle be deemed an instrumentality of a crime?
Answer: - when the crime was committed inside the vehicle
- when the vehicle was the means by which the crime was
committed
- a vehicle is not an instrumentality merely because it is used
during the commission of a crime
◉ The necessary conditions to inventory a vehicle are:
Answer: - the vehicle must be in the lawful custody of law
enforcement
- the officer conducts the inventory pursuant to a standardized
agency policy
◉ What factors do the courts address regarding the necessity and
safety before issuing a warrant for bodily intrusion?
Answer: - method used, what is the likelihood this type of search
will result in the discovery of evidence
,- seriousness of the offense, does the nature of the offense justify
the infringement on the person's privacy and dignity?
- importance of the evidence to the investigation, is this particular
evidence absolutely necessary to the investigation or is it sought
merely to corroborate other existing evidence?
- existence of alternate means, are there any other less intrusive
methods or means of obtaining the same evidence?
- safety and intrusiveness, will the method or extent of the
proposed intrusion threaten safety or health, be conducted in
accordance with accepted medical practices, involve unusual or
untested procedures or result in psychological harm to
◉ When can blood be forcibly extracted from if a driver refuses to
comply?
Answer: - exigent circumstances exist other than the natural
dissipation of blood alcohol that are sufficient to justify the
forcible procedure
- the suspect has search terms that authorize a forcible blood
draw
- officers secure a search warrant
,◉ An officer can seize evidence from a suspect's person incident
to an arrest and without a warrant when they have
Answer: - probable cause to arrest, the officer must be aware of
facts that constitute probable cause to arrest
- probable cause to search, the officer must reasonably believe
that the search will result in the discovery of evidence of a crime
- exigent circumstances, it must be reasonable to believe that
evidence will be lost or destroyed if the officer waits to obtain a
warrant
- a need that outweighs the intrusiveness, the need for the
evidence must outweigh the intrusive nature of the search and
any foreseeable danger
◉ What options do peace officers have if a suspect swallows
evidence:
Answer: - detain suspect and wait for evidence to pass
- if suspect's life is in danger, stomach pump
- suspect give consent to stomach pump
◉ What is needed to obtain a search warrant for a blood sample?
, Answer: - probable cause that the test results will show evidence
of a crime
- the removal will be conducted by trained medical personnel in
accordance with accepted medical practices
◉ When can peace officers transport a suspect for a field show
up?
Answer: - suspect voluntarily consents
- probable cause to arrest suspect
- impractical to transport witness/victim
◉ Constitutional Law
Answer: The rules and provisions which are found in federal and
state constitutions, specifically the Bill of Rights.
◉ Statutory Law
Answer: The laws which are enacted by a legislative body and
recorded in the various state, county, or municipal codes.
◉ Case Law
Answer: Laws which are based on previous appellate court
decisions that have become binding on lower court decisions.
ANSWERS GRADED A+
◉ When can a vehicle be deemed an instrumentality of a crime?
Answer: - when the crime was committed inside the vehicle
- when the vehicle was the means by which the crime was
committed
- a vehicle is not an instrumentality merely because it is used
during the commission of a crime
◉ The necessary conditions to inventory a vehicle are:
Answer: - the vehicle must be in the lawful custody of law
enforcement
- the officer conducts the inventory pursuant to a standardized
agency policy
◉ What factors do the courts address regarding the necessity and
safety before issuing a warrant for bodily intrusion?
Answer: - method used, what is the likelihood this type of search
will result in the discovery of evidence
,- seriousness of the offense, does the nature of the offense justify
the infringement on the person's privacy and dignity?
- importance of the evidence to the investigation, is this particular
evidence absolutely necessary to the investigation or is it sought
merely to corroborate other existing evidence?
- existence of alternate means, are there any other less intrusive
methods or means of obtaining the same evidence?
- safety and intrusiveness, will the method or extent of the
proposed intrusion threaten safety or health, be conducted in
accordance with accepted medical practices, involve unusual or
untested procedures or result in psychological harm to
◉ When can blood be forcibly extracted from if a driver refuses to
comply?
Answer: - exigent circumstances exist other than the natural
dissipation of blood alcohol that are sufficient to justify the
forcible procedure
- the suspect has search terms that authorize a forcible blood
draw
- officers secure a search warrant
,◉ An officer can seize evidence from a suspect's person incident
to an arrest and without a warrant when they have
Answer: - probable cause to arrest, the officer must be aware of
facts that constitute probable cause to arrest
- probable cause to search, the officer must reasonably believe
that the search will result in the discovery of evidence of a crime
- exigent circumstances, it must be reasonable to believe that
evidence will be lost or destroyed if the officer waits to obtain a
warrant
- a need that outweighs the intrusiveness, the need for the
evidence must outweigh the intrusive nature of the search and
any foreseeable danger
◉ What options do peace officers have if a suspect swallows
evidence:
Answer: - detain suspect and wait for evidence to pass
- if suspect's life is in danger, stomach pump
- suspect give consent to stomach pump
◉ What is needed to obtain a search warrant for a blood sample?
, Answer: - probable cause that the test results will show evidence
of a crime
- the removal will be conducted by trained medical personnel in
accordance with accepted medical practices
◉ When can peace officers transport a suspect for a field show
up?
Answer: - suspect voluntarily consents
- probable cause to arrest suspect
- impractical to transport witness/victim
◉ Constitutional Law
Answer: The rules and provisions which are found in federal and
state constitutions, specifically the Bill of Rights.
◉ Statutory Law
Answer: The laws which are enacted by a legislative body and
recorded in the various state, county, or municipal codes.
◉ Case Law
Answer: Laws which are based on previous appellate court
decisions that have become binding on lower court decisions.
