OPOTA Arrest, Search, and Seizure question and answers 2023

OPOTA Arrest, Search, and Seizure question and answers 2023SPO #1 Purpose of the Fourth Amendment to the United States Constitution - correct answer The purpose of the Fourth Amendment to the United States Constitution is to establish/guarantee rights relating to arrests, searches, and seizures of persons SPO #2 A person is seized... - correct answer A person is seized only when, in view of all circumstances surrounding the incident, a reasonable person would believe he was not free to leave SPO #2 A reasonable person would believe he was not free to leave when being seized. Courts look at - correct answer 1. Threatening presence of several officers 2. Display of a weapon by an officer 3. Some physical touching of the person 4. The use of language or tone of voice indicating that compliance with officer's request might be compelled SPO #3 Probable Cause defined - correct answer Probable cause exists when the facts and circumstances within the officer's knowledge and of which he/she has reasonably trustworthy information sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested SPO #3 Probable Cause to arrest - correct answer 1. The law has been violated 2. The person about to be arrested committed that unlawful act SPO #4 Explain when an officer can use the rationale from Terry - correct answer Using the rationale from Terry, an officer may detain an individual based upon the officer's reasonable, articulable suspicion that a criminal act was being planned or was in the process of being committed SPO #5 Requirements be a Terry pat-down/frisk - correct answer 1. Officers are required to articulate reasonable suspicion that the suspect is armed 2. The suspect poses a threat to them SPO #6 Plain feel doctrine - correct answer If the officer feels an object that he/she immediately recognizes as contraband, it may be seized even if knows it is not a weapon SPO #6 Stipulations to the plain feel doctrine - correct answer 1. Only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels 2. When the incriminating nature of the object is immediately apparent, seizing it does not invade the suspect's privacy beyond what is allowed in a Terry frisk 3. The officer may not seize an object that is unmistakably not a weapon, if determining its identity requires further manipulation 4. When determining if an object requires further manipulation, an additional invasion of privacy is necessary, and that is not permitted under terry 6. Once it is determined that an object is not a weapon, the search must stop unless there is a warrant, probable cause for arrest, or consent is obtained SPO #7 Elements necessary to constitute an arrest - correct answer 1. Intent 2. Authority 3. Seizure 4. Understanding SPO #7 Intent - correct answer The intent of the arresting officer to take someone into custody is one of the basic elements that distinguishes an arrest from lesser forms of detention SPO #7 Authority - correct answer Restraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer SPO #7 Seizure - correct answer Actual or constructive seizure or detention of the person by submission or by physical restraint SPO #7 Understand - correct answer Person arrest understands that he/she is arrested. This is determined on a case by case basis