TLETA POST Test Study Material 2024 with Complete Solutions

TLETA POST Test Study Material 2024 with Complete Solutions What is in the Bill of Rights? - answerFirst 10 amendments to the Constitution: 1. Freedom Speech, Press, Assembly, Petition Govt, Religion 2. Guns! 3 No quartering Soldiers unless you want to 4. Search and Seizure 5. right remain silent, grand jury indictment, due process of law, double jeopardy 6. due process- speedy trial, jury, counsel, venue 7. Civil Suits (exceed $20.00) 8. cruel/unusual punishment and excessive bail 9. anything not in the constitution does not mean you lack the right 10. not delegated in constitution is regulated to the states what does the 4th amendment say? - answerThe 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? - answerwhen 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? - answerA 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? - answerexists 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? - answerwhen a reasonable person feels they are not free to leave (blue lights is a seizure in TN) what is the scope of a seizure? - answer1. purpose 2. physical intrusion on liberty 3. length of time how is reasonable expectation of privacy judged? - answerKatz 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? - answer1. 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? - answerevidence obtained illegally cannot be used against a person in court what are exceptions to the exclusionary rule? - answer1. good faith exception 2. inevitable discovery rule When does Miranda apply? - answer1. custod