Criminal Procedure GPSTC 320/321 test
with solutions (100%) verified
(17-4-20) Authorization of Arrests - CORRECT ANSWERS-1. With a warrant ; or
2. Without a warrant if:
(a) offense in officer's presence or immediate knowledge
(b) offender endeavoring to escape
(c) pc for act of family violence etc
*Arizona v. Gant* (VEHICLE SEARCH INCIDENT TO ARREST) - CORRECT
ANSWERS-The Supreme Court decided that a vehicular search incident to arrest is
reasonable IF it is reasonable to believe that the vehicle contains evidence or the
arrestee might access the vehicle at the time of the search. (if they are walking away
from the car and not in its vicinity, you cant search it)
also, its only the immediate area
1st prong aguilar spinelli - CORRECT ANSWERS-informer has given good info in the
past
2nd prong aguilar spinelli - CORRECT ANSWERS-how does this person have info
about certain incident. How do you know it is not just a rumor
3 purposes of vehicle inventory - CORRECT ANSWERS-1. protecting the owner's
property
2. protecting the officer against claims of loss property
3. protecting the public and police from illegal weapons that might be in the vehicle
4th Amendment Use of Force - CORRECT ANSWERS-Freedom from unreasonable
searches and seizures
So, reasonable search and seizures are allowed.
Any force used to effect a seizure, must be reasonable
a detention must be - CORRECT ANSWERS-BRIEF
- "confined search to what was minimally necessary"
- Momentarily detain
- a limited protective search
- a brief stop of a sus individual
,A frisk is justified when - CORRECT ANSWERS-- There are concerns for safety for the
officer or for others
- There is ARS that sus is armed and dangerous
- There is ARS that the sus is about to commit a crime and a weapon is commonly
- the officer is alone and back up has not arrived or is not avail.
- the number of suspects and physical size
- the emotions behavior and look of the sus
- keeping hands in pockets after being told to remove them
a frisk: - CORRECT ANSWERS-two step process:
1. pat down first
2. intrude beneath the clothes only if it feels like a weapon
A person cannot create a reasonable expectation of privacy in an open field. it must
harbor the intimate sanctity of the home
True or False? - CORRECT ANSWERS-True
a warrant for arrest can be signed by _____________ - CORRECT ANSWERS-any
judge of any county
Abandoned Property - CORRECT ANSWERS-Property that has been discarded by the
owner, who has no intention of reclaiming it.
Abandoned property and open fields - CORRECT ANSWERS-Two search types that
are often considered exceptions to the search warrant requirement are not technically
searches because the person does not have a reasonable expectation of privacy in the
place to be searched.
administrator - CORRECT ANSWERS-means the peace officer who administers the
showup, physical (live) lineup, or photographic lineup
Aguilar v. Texas - CORRECT ANSWERS-Established a two prong test for search
warrants that require a: 1. A credible source, 2. A reliable base of knowledge.
Aguilar-Spinelli Test - CORRECT ANSWERS-(1) Was the informant credible—was it
likely that he or she was telling the truth? (Veracity/Relability) - (2) Was the informant
reliable—was it likely that the informant had knowledge? (Basis of Knowledge)
airport searches - CORRECT ANSWERS-According to the U.S. Supreme Court,
airport searches are reasonable without
reasonable suspicion or probable cause.
Searches are done for security and safety of air travelers.
Special needs to search outweighs the minimal invasion of privacy.
All people are notified in advance of possibility of searches.
, An arrest should be thought of ____________ - CORRECT ANSWERS-as a process of
events
An arrest without probable cause is - CORRECT ANSWERS-illegal
an officer may make a warrantless arrest under - CORRECT ANSWERS-17-4-20 or 17-
4-23 if PC exists
an officer who loses power of arrest: - CORRECT ANSWERS-no authority to execute
an arrest warrant
may not apply for SW
no authority to issue UTC
No arrest for a city or county ordinance violation
authority to arrest reduced to same as private citizen
Anonymous TIps - CORRECT ANSWERS-in order for corroboration of informant's info
to be meaningful enough to show reliability. Info which is corroborated must include
details relating not to easily obtained facts and conditions existing at the time of the tip
but to fewer actions of third party not easily protected
- just predicts future behavior
any judge of superior, city, state, or mag court can _____________ - CORRECT
ANSWERS-issue a warrant based on PC
(if its someone other than a lawyer or a cop, there can be a warrant application hearing)
Application for a search warrant - CORRECT ANSWERS-only a certified peace officer
in the course of official duty may apply for a search warrant
Arizona v. Gant - CORRECT ANSWERS-Police may only search a vehicle incident to
arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle
contains evidence of the offense he was arrested for.
Arizona v. Hicks - CORRECT ANSWERS-- Bullet fired through an apt. floor, police enter
looking for shooter/victims/weapons, they seize weapons and then notice stereo
equipment, wrote down serial numbers
- Exigent circumstances ended when weapons were seized, so stereo equipment is out
(needed a warrant and independent PC)
arrest based on personal observation of a peace officer - CORRECT ANSWERS-the
officer must be there lawfully or how observed it must be lawful
info must be legally obtained
Articulable Reasonable Suspicion - CORRECT ANSWERS-a set of facts and
circumstances that would lead a reasonable and prudent officer to believe that crime is
afoot
with solutions (100%) verified
(17-4-20) Authorization of Arrests - CORRECT ANSWERS-1. With a warrant ; or
2. Without a warrant if:
(a) offense in officer's presence or immediate knowledge
(b) offender endeavoring to escape
(c) pc for act of family violence etc
*Arizona v. Gant* (VEHICLE SEARCH INCIDENT TO ARREST) - CORRECT
ANSWERS-The Supreme Court decided that a vehicular search incident to arrest is
reasonable IF it is reasonable to believe that the vehicle contains evidence or the
arrestee might access the vehicle at the time of the search. (if they are walking away
from the car and not in its vicinity, you cant search it)
also, its only the immediate area
1st prong aguilar spinelli - CORRECT ANSWERS-informer has given good info in the
past
2nd prong aguilar spinelli - CORRECT ANSWERS-how does this person have info
about certain incident. How do you know it is not just a rumor
3 purposes of vehicle inventory - CORRECT ANSWERS-1. protecting the owner's
property
2. protecting the officer against claims of loss property
3. protecting the public and police from illegal weapons that might be in the vehicle
4th Amendment Use of Force - CORRECT ANSWERS-Freedom from unreasonable
searches and seizures
So, reasonable search and seizures are allowed.
Any force used to effect a seizure, must be reasonable
a detention must be - CORRECT ANSWERS-BRIEF
- "confined search to what was minimally necessary"
- Momentarily detain
- a limited protective search
- a brief stop of a sus individual
,A frisk is justified when - CORRECT ANSWERS-- There are concerns for safety for the
officer or for others
- There is ARS that sus is armed and dangerous
- There is ARS that the sus is about to commit a crime and a weapon is commonly
- the officer is alone and back up has not arrived or is not avail.
- the number of suspects and physical size
- the emotions behavior and look of the sus
- keeping hands in pockets after being told to remove them
a frisk: - CORRECT ANSWERS-two step process:
1. pat down first
2. intrude beneath the clothes only if it feels like a weapon
A person cannot create a reasonable expectation of privacy in an open field. it must
harbor the intimate sanctity of the home
True or False? - CORRECT ANSWERS-True
a warrant for arrest can be signed by _____________ - CORRECT ANSWERS-any
judge of any county
Abandoned Property - CORRECT ANSWERS-Property that has been discarded by the
owner, who has no intention of reclaiming it.
Abandoned property and open fields - CORRECT ANSWERS-Two search types that
are often considered exceptions to the search warrant requirement are not technically
searches because the person does not have a reasonable expectation of privacy in the
place to be searched.
administrator - CORRECT ANSWERS-means the peace officer who administers the
showup, physical (live) lineup, or photographic lineup
Aguilar v. Texas - CORRECT ANSWERS-Established a two prong test for search
warrants that require a: 1. A credible source, 2. A reliable base of knowledge.
Aguilar-Spinelli Test - CORRECT ANSWERS-(1) Was the informant credible—was it
likely that he or she was telling the truth? (Veracity/Relability) - (2) Was the informant
reliable—was it likely that the informant had knowledge? (Basis of Knowledge)
airport searches - CORRECT ANSWERS-According to the U.S. Supreme Court,
airport searches are reasonable without
reasonable suspicion or probable cause.
Searches are done for security and safety of air travelers.
Special needs to search outweighs the minimal invasion of privacy.
All people are notified in advance of possibility of searches.
, An arrest should be thought of ____________ - CORRECT ANSWERS-as a process of
events
An arrest without probable cause is - CORRECT ANSWERS-illegal
an officer may make a warrantless arrest under - CORRECT ANSWERS-17-4-20 or 17-
4-23 if PC exists
an officer who loses power of arrest: - CORRECT ANSWERS-no authority to execute
an arrest warrant
may not apply for SW
no authority to issue UTC
No arrest for a city or county ordinance violation
authority to arrest reduced to same as private citizen
Anonymous TIps - CORRECT ANSWERS-in order for corroboration of informant's info
to be meaningful enough to show reliability. Info which is corroborated must include
details relating not to easily obtained facts and conditions existing at the time of the tip
but to fewer actions of third party not easily protected
- just predicts future behavior
any judge of superior, city, state, or mag court can _____________ - CORRECT
ANSWERS-issue a warrant based on PC
(if its someone other than a lawyer or a cop, there can be a warrant application hearing)
Application for a search warrant - CORRECT ANSWERS-only a certified peace officer
in the course of official duty may apply for a search warrant
Arizona v. Gant - CORRECT ANSWERS-Police may only search a vehicle incident to
arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle
contains evidence of the offense he was arrested for.
Arizona v. Hicks - CORRECT ANSWERS-- Bullet fired through an apt. floor, police enter
looking for shooter/victims/weapons, they seize weapons and then notice stereo
equipment, wrote down serial numbers
- Exigent circumstances ended when weapons were seized, so stereo equipment is out
(needed a warrant and independent PC)
arrest based on personal observation of a peace officer - CORRECT ANSWERS-the
officer must be there lawfully or how observed it must be lawful
info must be legally obtained
Articulable Reasonable Suspicion - CORRECT ANSWERS-a set of facts and
circumstances that would lead a reasonable and prudent officer to believe that crime is
afoot
