FLETC UPTP EXAM 2 STUDY GUIDE
QUESTIONS AND VERIFIED ANSWERS
Impeachment ANSW✅✅evidence is inadmissible BUT if you can prove that the suspect is lying
about the crime, it now becomes admissible in court
Ex. Someone is growing weed in their backyard and even though the LEO did an unlawful search, if
the suspect denies it's theirs and LEO proves it is theirs, it is now admissible in court
Good faith ANSW✅✅If a warrant is found invalid after its execution, the seized evidence is not
suppressed as long as the LEO obtained the warrant lawfully and could execute it in good faith
The LEO relied on the court affirmed warrant so it is not the LEOs fault that the warrant was found
invalid after the fact
The same rule applies if the LEO had accidentally gone to the wrong location under the assumption
they were at the right one according to the warrant
Inevitable discovery ANSW✅✅LEO cheats the first time in obtaining evidence, but they would
have found the evidence either way
Ex. LEO pulls a car over for rolling through a stop sign and unlawfully searches it and finds weed. The
suspect is clearly drunk and the LEO arrests them under a DUI. The evidence of weed would have
been found either way because of the search after DUI.
Criminal complaint ANSW✅✅signed by a judge before you can get an arrest warrant
When do arrest warrants expire? ANSW✅✅arrest warrants never expire unless they are:
canceled, the person dies, or an arrest is made on the arrestee
What does an arrest warrant do? ANSW✅✅it COMMANDS you to arrest someone
, Components of a valid arrest warrant ANSW✅✅authorized official signature by a judge,
name/description that identifies arrestee, description of offense and statute violated, and a
command to arrest
When can we make a warrantless felony arrest? ANSW✅✅If LEO has statutory authority and facts
supporting reasonable belief (PC) that the suspect committed a felony and is presently in public (or
where you have access)
When can you make a warrantless misdemeanor arrest? ANSW✅✅Same as a warrantless felony
arrest, but must occur in the presence of the LEO or else you need a warrant
Knock and announce statute 18 USC 3109 ANSW✅✅LEO can break through invisible planes to
execute a search/arrest warrant after knocking and announcing "Police. We have a warrant." even if
the suspect denies admittance to the dwelling
3 prerequisites to "breaking" ANSW✅✅Give notice of authority and purpose
States authority and purpose
Be refused or denied admittance
What counts as refusal to admit? ANSW✅✅Verbal statement of refusal, silence and a reasonable
time passing, sounds of flight, seeing/hearing evidence being destroyed, gunfire
Exception to knock and announce ANSW✅✅reasonable suspicion based on circumstances that
are dangerous to LEOs, destruction to evidence, useless gesture (suspect already knows LEO is
there), or hot pursuit
No knock warrant ANSW✅✅USMJ can give this; put facts that justify on-scene no-knock, but you
can't disregard absence of circumstances supporting no-knock on-scene (aka knowing no one is
home)
Protective sweep ANSW✅✅limited search for people ordinarily conducted when executing arrest
warrants in dwellings
QUESTIONS AND VERIFIED ANSWERS
Impeachment ANSW✅✅evidence is inadmissible BUT if you can prove that the suspect is lying
about the crime, it now becomes admissible in court
Ex. Someone is growing weed in their backyard and even though the LEO did an unlawful search, if
the suspect denies it's theirs and LEO proves it is theirs, it is now admissible in court
Good faith ANSW✅✅If a warrant is found invalid after its execution, the seized evidence is not
suppressed as long as the LEO obtained the warrant lawfully and could execute it in good faith
The LEO relied on the court affirmed warrant so it is not the LEOs fault that the warrant was found
invalid after the fact
The same rule applies if the LEO had accidentally gone to the wrong location under the assumption
they were at the right one according to the warrant
Inevitable discovery ANSW✅✅LEO cheats the first time in obtaining evidence, but they would
have found the evidence either way
Ex. LEO pulls a car over for rolling through a stop sign and unlawfully searches it and finds weed. The
suspect is clearly drunk and the LEO arrests them under a DUI. The evidence of weed would have
been found either way because of the search after DUI.
Criminal complaint ANSW✅✅signed by a judge before you can get an arrest warrant
When do arrest warrants expire? ANSW✅✅arrest warrants never expire unless they are:
canceled, the person dies, or an arrest is made on the arrestee
What does an arrest warrant do? ANSW✅✅it COMMANDS you to arrest someone
, Components of a valid arrest warrant ANSW✅✅authorized official signature by a judge,
name/description that identifies arrestee, description of offense and statute violated, and a
command to arrest
When can we make a warrantless felony arrest? ANSW✅✅If LEO has statutory authority and facts
supporting reasonable belief (PC) that the suspect committed a felony and is presently in public (or
where you have access)
When can you make a warrantless misdemeanor arrest? ANSW✅✅Same as a warrantless felony
arrest, but must occur in the presence of the LEO or else you need a warrant
Knock and announce statute 18 USC 3109 ANSW✅✅LEO can break through invisible planes to
execute a search/arrest warrant after knocking and announcing "Police. We have a warrant." even if
the suspect denies admittance to the dwelling
3 prerequisites to "breaking" ANSW✅✅Give notice of authority and purpose
States authority and purpose
Be refused or denied admittance
What counts as refusal to admit? ANSW✅✅Verbal statement of refusal, silence and a reasonable
time passing, sounds of flight, seeing/hearing evidence being destroyed, gunfire
Exception to knock and announce ANSW✅✅reasonable suspicion based on circumstances that
are dangerous to LEOs, destruction to evidence, useless gesture (suspect already knows LEO is
there), or hot pursuit
No knock warrant ANSW✅✅USMJ can give this; put facts that justify on-scene no-knock, but you
can't disregard absence of circumstances supporting no-knock on-scene (aka knowing no one is
home)
Protective sweep ANSW✅✅limited search for people ordinarily conducted when executing arrest
warrants in dwellings
