Sergeant Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100% Verified
Probable Cause - Facts and circumstances that would lead a reasonable and prudent person to believe a
crime has, was or is about to be committed
consensual encounters - require no justification
investigative detention - require reasonable suspicion
arrests - require a showing of probable cause
for the purpose of the 4th amendment and article 11 an investigative detention is considered a - seizure
Reasonable suspicion defined - some level of suspicion greater than a mere suspicion or hunch but less
than probable cause
An officer may detain a person for - a reasonable amount of time or the time necessary to confirm the
officers articulable facts to support or deny suspicion of criminal activity
During an investigative detention people are NOT required by law to identify themselves to police
officers - People are not required to identify themselves to officers during a detention
Title 23 VSA 1012 states - operators of a motor vehicle must identify themselves to a law enforcement
officer (obedience to law enforcement officers)
non-moving violations of title 23 and other civil offenses i.e. title 7 alcohol offenses are not covered by -
Title 23 VSA 1012 therefore operators would not be required to identify themselves in these situations
State V Pierce - Officers have the right to detain witnesses
,Officers can employ force to a subject to gain , compliance during investigative detentions - least
intrusive means
Totality of the circumstances examples to consider - nature of the crime under investigation
degree of suspicion
location of stop time of day
State V Simoneau - Officers can handcuff during investigative detentions
Frisk or pat-down two prong test - 1. Officer must have a reasonable belief that the person is armed
with a weapon
2. Officer must have reasonable fear the person may harm the officer or another person
Scope of a pat down or frisk - is a limited search for weapons to ensure the safety of the officer or
another person and should only consist of a patting or crushing of the outer garments. Officers can
remove hard objects that could be used as a weapon i.e. handgun, knife, pen, keys
Instantly recognizable during a pat down means - officer may seize an item discovered during a pat-
down if it is immediately recognizable as contraband ie plain feel doctrine
State v Lamb states - Police may stop a vehicle based on little more than reasonable suspicion
Pretext stops - Vermont has not ruled on this so officers should be cautious
State v Sprague - Officers cannot order operators or passengers out of a vehicle without articulating that
by ordering the individuals out of the vehicle is necessary to protect the officer or others or a crime has
been committed
Probable cause defined - facts and circumstances that would lead a reasonable and prudent person to
believe that a crime has, was or is about to be committed....MORE LIKELY THAN NOT
State v Brown - MORE LIKELY THAN NOT
, Arrest defined - a confrontation and intrusion based on probable cause for the purpose of processing
into the system
Continued Custody - the arraignment of the person or jailing of the person to await arraignment
Probable cause is normally derived from - -officer investigation
-information from average citizen
Information from a confidential informant.
Aguillar-Spinelli Two prong test - determines the validity of hearsay information
1. Basis of knowledge
2. Veracity
Hearsay exceptions (Don't need Two prong test) - Excited utterances
Then or pre-existing mental, emotional or physical condition
Dying declaration
Exclusionary Rule ultimate goal - to deter police misconduct
to preserve judicial integrity
fruit of the poisonous tree - evidence that is discovered during an UNconsitutional search, as well as ALL
other evidence that is discovered will be suppressed
Exceptions to the exclusionary rule - inevitable discovery and independent source
inevitable discovery - evidence obtained illegally would have been inevitably discovered by lawful means
than it may be admissible in court
Probable Cause - Facts and circumstances that would lead a reasonable and prudent person to believe a
crime has, was or is about to be committed
consensual encounters - require no justification
investigative detention - require reasonable suspicion
arrests - require a showing of probable cause
for the purpose of the 4th amendment and article 11 an investigative detention is considered a - seizure
Reasonable suspicion defined - some level of suspicion greater than a mere suspicion or hunch but less
than probable cause
An officer may detain a person for - a reasonable amount of time or the time necessary to confirm the
officers articulable facts to support or deny suspicion of criminal activity
During an investigative detention people are NOT required by law to identify themselves to police
officers - People are not required to identify themselves to officers during a detention
Title 23 VSA 1012 states - operators of a motor vehicle must identify themselves to a law enforcement
officer (obedience to law enforcement officers)
non-moving violations of title 23 and other civil offenses i.e. title 7 alcohol offenses are not covered by -
Title 23 VSA 1012 therefore operators would not be required to identify themselves in these situations
State V Pierce - Officers have the right to detain witnesses
,Officers can employ force to a subject to gain , compliance during investigative detentions - least
intrusive means
Totality of the circumstances examples to consider - nature of the crime under investigation
degree of suspicion
location of stop time of day
State V Simoneau - Officers can handcuff during investigative detentions
Frisk or pat-down two prong test - 1. Officer must have a reasonable belief that the person is armed
with a weapon
2. Officer must have reasonable fear the person may harm the officer or another person
Scope of a pat down or frisk - is a limited search for weapons to ensure the safety of the officer or
another person and should only consist of a patting or crushing of the outer garments. Officers can
remove hard objects that could be used as a weapon i.e. handgun, knife, pen, keys
Instantly recognizable during a pat down means - officer may seize an item discovered during a pat-
down if it is immediately recognizable as contraband ie plain feel doctrine
State v Lamb states - Police may stop a vehicle based on little more than reasonable suspicion
Pretext stops - Vermont has not ruled on this so officers should be cautious
State v Sprague - Officers cannot order operators or passengers out of a vehicle without articulating that
by ordering the individuals out of the vehicle is necessary to protect the officer or others or a crime has
been committed
Probable cause defined - facts and circumstances that would lead a reasonable and prudent person to
believe that a crime has, was or is about to be committed....MORE LIKELY THAN NOT
State v Brown - MORE LIKELY THAN NOT
, Arrest defined - a confrontation and intrusion based on probable cause for the purpose of processing
into the system
Continued Custody - the arraignment of the person or jailing of the person to await arraignment
Probable cause is normally derived from - -officer investigation
-information from average citizen
Information from a confidential informant.
Aguillar-Spinelli Two prong test - determines the validity of hearsay information
1. Basis of knowledge
2. Veracity
Hearsay exceptions (Don't need Two prong test) - Excited utterances
Then or pre-existing mental, emotional or physical condition
Dying declaration
Exclusionary Rule ultimate goal - to deter police misconduct
to preserve judicial integrity
fruit of the poisonous tree - evidence that is discovered during an UNconsitutional search, as well as ALL
other evidence that is discovered will be suppressed
Exceptions to the exclusionary rule - inevitable discovery and independent source
inevitable discovery - evidence obtained illegally would have been inevitably discovered by lawful means
than it may be admissible in court
