FLETC FOURTH AMENDMENT EXAM
QUESTIONS WITH COMPLETE
ANSWERS
when is a person seized? - Answer-based on totality of circumstances, 3 general
types:
-a reasonable person would not feel free to leave or otherwise terminate the
encounter
-termination of movement by means intentionally applied
-application of force with the intent to restrain
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is property seized? - Answer-when there is meaningful government
interference with an individual's possessory interest in that property
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
the two ways to seize - Answer-apply physical force
make a show of authority to which a person submits
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
3 types of police-citizen encounters - Answer-1- consensual
2-investigative terry stop (requires RS)
3-an arrest (requires PC-reasonable fact driven belief)
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry stop? - Answer-a LIMITED (re brief) investigatory detention
which REQUIRES a reasonable, articulable suspicion that criminal activity is afoot
AND that the person detained is somehow involved.
-crime is about to be committed
-being committed
-has been committed
, SCOPE OF PERMISSIBLE INVESTIGATIVE ACTIVITIES IS LIMITED TO
CONFIRMING OR DISPELLING THE SUSPICION THAT JUSTIFIED THE
DETENTION IN THE FIRST PLACE - if it goes beyond this it becomes a DE FACTO
ARREST - common measure is the moving of the feet "step over here", others
include length of stop, number of officers, purpose of stop end nature of crime etc...
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry frisk? - Answer-A LIMITED, head to toe, search for weapons. You can
search person and personal items on person, readily accessible areas of vehicle
NOT a search for evidence
Hard objects and readily apparent contraband (plain touch), no manipulation, pat
down only
REQUIREMENTS
-legal stop (RS or PC)
-RS that suspect is presently armed and dangerous
EPO 4: Identify when law enforcement officers may or may not use race to justify
stops or arrests in accordance with department of justice guidelines - Answer-side
note: 4th ammendement does not care about police motive for a stop, 5th does
race, ethinicity, gender, national origin, religion, sexual orientation, and gender
identity may not be used as sole reason for a stop
officer MAY rely on those characteristics in a specific suspect description
-trustworthy info
-relevant locality
-relevant timeframe
EPO 4: Identify when law enforcement officers may or may not use race to justify
stops or arrests in accordance with department of justice guidelines
exception? - Answer-National security: still adheres to same principles as normal LE
requires a compelling government interest (must pass strict scrutiny test)
in this case may consider race ethnicity etc... and other relevant factors
-trustworthy info
-relevant locality
-relevant timeframe
EPO 5: Identify when probable cause exists to the extent that an arrest or search
may be justified
QUESTIONS WITH COMPLETE
ANSWERS
when is a person seized? - Answer-based on totality of circumstances, 3 general
types:
-a reasonable person would not feel free to leave or otherwise terminate the
encounter
-termination of movement by means intentionally applied
-application of force with the intent to restrain
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is property seized? - Answer-when there is meaningful government
interference with an individual's possessory interest in that property
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
the two ways to seize - Answer-apply physical force
make a show of authority to which a person submits
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
3 types of police-citizen encounters - Answer-1- consensual
2-investigative terry stop (requires RS)
3-an arrest (requires PC-reasonable fact driven belief)
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry stop? - Answer-a LIMITED (re brief) investigatory detention
which REQUIRES a reasonable, articulable suspicion that criminal activity is afoot
AND that the person detained is somehow involved.
-crime is about to be committed
-being committed
-has been committed
, SCOPE OF PERMISSIBLE INVESTIGATIVE ACTIVITIES IS LIMITED TO
CONFIRMING OR DISPELLING THE SUSPICION THAT JUSTIFIED THE
DETENTION IN THE FIRST PLACE - if it goes beyond this it becomes a DE FACTO
ARREST - common measure is the moving of the feet "step over here", others
include length of stop, number of officers, purpose of stop end nature of crime etc...
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry frisk? - Answer-A LIMITED, head to toe, search for weapons. You can
search person and personal items on person, readily accessible areas of vehicle
NOT a search for evidence
Hard objects and readily apparent contraband (plain touch), no manipulation, pat
down only
REQUIREMENTS
-legal stop (RS or PC)
-RS that suspect is presently armed and dangerous
EPO 4: Identify when law enforcement officers may or may not use race to justify
stops or arrests in accordance with department of justice guidelines - Answer-side
note: 4th ammendement does not care about police motive for a stop, 5th does
race, ethinicity, gender, national origin, religion, sexual orientation, and gender
identity may not be used as sole reason for a stop
officer MAY rely on those characteristics in a specific suspect description
-trustworthy info
-relevant locality
-relevant timeframe
EPO 4: Identify when law enforcement officers may or may not use race to justify
stops or arrests in accordance with department of justice guidelines
exception? - Answer-National security: still adheres to same principles as normal LE
requires a compelling government interest (must pass strict scrutiny test)
in this case may consider race ethnicity etc... and other relevant factors
-trustworthy info
-relevant locality
-relevant timeframe
EPO 5: Identify when probable cause exists to the extent that an arrest or search
may be justified
