RBC 3 NEW EXAM QUESTIONS AND ANSWERS
100% VERIFIED
Search incident to arrest- ANSWER warrantless search, able to search person and any
area in their wingspan for evidence and weapons
Warrantless search of a vehicle - ANSWER Arizona V gant 2009, police may search
someones vehicle who is being arrested if they have reasonable belief the suspect may
access the vehicle at the time of the search, or believe the vehicle may contain evidence
of the offense that led to the arrest.
Cell phone searches - ANSWER not covered under warrantless searches, cannot
access someone's phone incident to arrest, requires a warrant. unless exigent
circumstances -officer safety and destruction of evidence.
third party consent to search - ANSWER third parties may give consent to search if it is
reasonably believed the individual has the authority to grant the consent (babysitter
giving consent to search the house example, reasonably believed she was the home
owner)
law shelf.com - ANSWER
6 warrantless searches - ANSWER 1. consent
2. plain view
3. incident to arrest
4. automobile exception
5. stop and frisk
6. exigent circumstances
,stop and frisk (warrantless search) - ANSWER may stop and pat search for weapons if
there is reasonable belief the individual has committed a criminal act or is preparing to
do so. (key is reasonable suspicion, that the circumstances around the event justify
suspicion) cannot go into pockets unless there is a reason to believe the object in the
pocket is a weapon or can immediately be identified as contraband. Terry search same
as pat down search, Terry v Ohio
automobile exception-warrantless search - ANSWER do not need a warrant to search a
vehicle if, there is probably cause it contains evidence of a crime, contraband or fruits
of a crime inside. has some type of association with a criminal act. (ruled impractical to
obtain a warrant because it is so easily moved in the process of seeking a warrant must
have probable cause however, not just reasonable suspicion, higher standard to meet,
higher standard of proof). Nervousness or speeding does not count. A witness tip or a
statement from an occupant of the vehicle does count. Sniffing dogs ok.
exigent circumstances (warrantless search) - ANSWER if there is reasonable belief
there is an emergency taking place inside, police may enter immediately without a
warrant to remedy the situation and investigate. (example a scream for help inside)
once inside if weapons or drugs etc. are plain view, they main be seized under plain
view exception. or, if there is reasonable belief evidence destruction or movement may
take place before a warrant can be obtained (freeze the scene?) ex. smell of marijuana
inside, hear a toilet flush, may be pc of evidence destruction therefore exigent
circumstances exist
Consent search (warrantless search) - ANSWER 90% of warrantless searches. consent
must be freely and voluntarily given, the theory i didn't know i could say no isn't valid,
cannot be coerced
plain view search (warrantless search) - ANSWER can search or seize weapons,
contraband or evidence of a crime if it is in plain view. there is no expectation of privacy
in plain view, therefore no 4th amendment violation has occurred. must be seen from a
place you can lawfully be.
Hot Persuit exception to warrantless search - ANSWER if a fleeing criminal goes into a
house, police may enter to effect an arrest without a warrant. while inside any
contraband in plain view may be seized.
, misdemeanor arrestable offenses. in presence or not. - ANSWER can be made if there is
reason to believe an assault or battery has occurred if in fact it has or has not
happened.
647f public intoxication of drugs or alcohol
drug offenses - ANSWER most are infractions. misdemeanor include
over 18 with more than 28.5 grams
over 18 with marijuana on school grounds
planting marijuana mostly infraction unless
over 18 with more than 6 plants wobbler or misdemeanor
under 18 possession to sale- infraction
over 18 with possion to sale - misdemeanor
with priors or 21 or over- wobbler
transporting under 18 infraction
over 18- misdemeanor
Rohmberg test - ANSWER elapse of time test for drugs
juvenile - ANSWER mirandize anytime they are in custody period
temporary custody is the equivalent of an arrest
juveniles can be held in a facility that also houses adults for no more than 6 hours for the
purposes of investigation
only a judge can approve a minor in an adult lockup and then they still must be
separated
a minor 14 yrs and older can be detained for safety purposes if there is reason to believe
they are a danger to themselves or others
-2 phone calls in 1 hour
-must inform them of why and that the maximum length is 6 hours.
100% VERIFIED
Search incident to arrest- ANSWER warrantless search, able to search person and any
area in their wingspan for evidence and weapons
Warrantless search of a vehicle - ANSWER Arizona V gant 2009, police may search
someones vehicle who is being arrested if they have reasonable belief the suspect may
access the vehicle at the time of the search, or believe the vehicle may contain evidence
of the offense that led to the arrest.
Cell phone searches - ANSWER not covered under warrantless searches, cannot
access someone's phone incident to arrest, requires a warrant. unless exigent
circumstances -officer safety and destruction of evidence.
third party consent to search - ANSWER third parties may give consent to search if it is
reasonably believed the individual has the authority to grant the consent (babysitter
giving consent to search the house example, reasonably believed she was the home
owner)
law shelf.com - ANSWER
6 warrantless searches - ANSWER 1. consent
2. plain view
3. incident to arrest
4. automobile exception
5. stop and frisk
6. exigent circumstances
,stop and frisk (warrantless search) - ANSWER may stop and pat search for weapons if
there is reasonable belief the individual has committed a criminal act or is preparing to
do so. (key is reasonable suspicion, that the circumstances around the event justify
suspicion) cannot go into pockets unless there is a reason to believe the object in the
pocket is a weapon or can immediately be identified as contraband. Terry search same
as pat down search, Terry v Ohio
automobile exception-warrantless search - ANSWER do not need a warrant to search a
vehicle if, there is probably cause it contains evidence of a crime, contraband or fruits
of a crime inside. has some type of association with a criminal act. (ruled impractical to
obtain a warrant because it is so easily moved in the process of seeking a warrant must
have probable cause however, not just reasonable suspicion, higher standard to meet,
higher standard of proof). Nervousness or speeding does not count. A witness tip or a
statement from an occupant of the vehicle does count. Sniffing dogs ok.
exigent circumstances (warrantless search) - ANSWER if there is reasonable belief
there is an emergency taking place inside, police may enter immediately without a
warrant to remedy the situation and investigate. (example a scream for help inside)
once inside if weapons or drugs etc. are plain view, they main be seized under plain
view exception. or, if there is reasonable belief evidence destruction or movement may
take place before a warrant can be obtained (freeze the scene?) ex. smell of marijuana
inside, hear a toilet flush, may be pc of evidence destruction therefore exigent
circumstances exist
Consent search (warrantless search) - ANSWER 90% of warrantless searches. consent
must be freely and voluntarily given, the theory i didn't know i could say no isn't valid,
cannot be coerced
plain view search (warrantless search) - ANSWER can search or seize weapons,
contraband or evidence of a crime if it is in plain view. there is no expectation of privacy
in plain view, therefore no 4th amendment violation has occurred. must be seen from a
place you can lawfully be.
Hot Persuit exception to warrantless search - ANSWER if a fleeing criminal goes into a
house, police may enter to effect an arrest without a warrant. while inside any
contraband in plain view may be seized.
, misdemeanor arrestable offenses. in presence or not. - ANSWER can be made if there is
reason to believe an assault or battery has occurred if in fact it has or has not
happened.
647f public intoxication of drugs or alcohol
drug offenses - ANSWER most are infractions. misdemeanor include
over 18 with more than 28.5 grams
over 18 with marijuana on school grounds
planting marijuana mostly infraction unless
over 18 with more than 6 plants wobbler or misdemeanor
under 18 possession to sale- infraction
over 18 with possion to sale - misdemeanor
with priors or 21 or over- wobbler
transporting under 18 infraction
over 18- misdemeanor
Rohmberg test - ANSWER elapse of time test for drugs
juvenile - ANSWER mirandize anytime they are in custody period
temporary custody is the equivalent of an arrest
juveniles can be held in a facility that also houses adults for no more than 6 hours for the
purposes of investigation
only a judge can approve a minor in an adult lockup and then they still must be
separated
a minor 14 yrs and older can be detained for safety purposes if there is reason to believe
they are a danger to themselves or others
-2 phone calls in 1 hour
-must inform them of why and that the maximum length is 6 hours.
