Police Sergeant exam UPDATED ACTUAL
Exam Questions and CORRECT Answers
What is the penalty for an unlawful seizure - CORRECT ANSWER - SUPPRESSION OF
EVIDENCE, and IN ADDITION INDER THE FRUIT OF POISONOUS TREE DOCTRINE
evidence which is discovered as a result of information gained by unlawful seizure will also be
suppressed
Unreasonable - CORRECT ANSWER - Any search or seizure not based upon a warrant is
considered unreasonable unless an exception exists, e.g., consent, exigency circumstances,
vehicle searches, stop and frisk, etc.
United States Supreme Court - CORRECT ANSWER - Held that police could conduct a
warrantless search with the consent of the occupant who possesses common authority over the
premises even if another occupant has objected to the search, but is physically absent from the
premises due to a lawful detention or arrest
cell phone information - CORRECT ANSWER - Cannot be viewed or accessed in any
way without a warrant. This holding is the same as the Florida Supreme Court's holding in Small
v.s. State.
What would happen if an officer or prosecutor view a defendant cell phone without a warrant -
CORRECT ANSWER - The evidence can be suppressed
Can a officer view a defendant's cell phone during a search incident to arrest - CORRECT
ANSWER - No
When can a officer use what he viewed as evidence in a defendant's cell phone ? - CORRECT
ANSWER - While a search incident to arrest warrant exception is still clearly valid.
When is a officer required to give noticed of his office and the purpose of his presence -
CORRECT ANSWER - When on duty, to enter the premises of another for the purpose of
executing a search warrant or effecting an arrest with or without a warrant
, When can an officer use forced to gain admittance - CORRECT ANSWER - After the
officer has announced their authority and purpose in order to make an arrest either by warrant or
for a felony with or without a warrant
Can an officer make entry if the property does not belong to the person of interest - CORRECT
ANSWER - Yes, if there is reason to believe that the person of interest is there.
Arrest can be made with warrant and for warrantless arrest - CORRECT ANSWER - DUE
TO EXIGENT CIRCUMSTANCES AND HOT PURSUIT.
When is a arrest warrant and a search warrant required - CORRECT ANSWER - If the
suspect to be arrested is believed to be located at a third party's residence.
Florida case law prohibits an officer from forcibly entering a private residence to an effect an
arrest for ? - CORRECT ANSWER - Misdemeanor crimes, even if the crime was
committed in officers presence.
What constitute exigent circumstances - CORRECT ANSWER - Any situation in which
articulable facts exist which indicate that the safety of officers or other persons will be
jeopardized or escape, flight will be likely if an arrest is not made with instances.
What is not recognized as exigent circumstances? - CORRECT ANSWER -
Inconvenience, manpower shortages, or administrative obstacles to procuring a warrant.
When can you enter a premises to execute a search warrant - CORRECT ANSWER - If
after due notice of the officer's authority and purpose, he refused admittance to said house or
access anything therein.
When a officer exceeds their authority or exercise it with unnecessary severity in the execution
of a search warrant? - CORRECT ANSWER - Is a Misdemeanor offense
Exam Questions and CORRECT Answers
What is the penalty for an unlawful seizure - CORRECT ANSWER - SUPPRESSION OF
EVIDENCE, and IN ADDITION INDER THE FRUIT OF POISONOUS TREE DOCTRINE
evidence which is discovered as a result of information gained by unlawful seizure will also be
suppressed
Unreasonable - CORRECT ANSWER - Any search or seizure not based upon a warrant is
considered unreasonable unless an exception exists, e.g., consent, exigency circumstances,
vehicle searches, stop and frisk, etc.
United States Supreme Court - CORRECT ANSWER - Held that police could conduct a
warrantless search with the consent of the occupant who possesses common authority over the
premises even if another occupant has objected to the search, but is physically absent from the
premises due to a lawful detention or arrest
cell phone information - CORRECT ANSWER - Cannot be viewed or accessed in any
way without a warrant. This holding is the same as the Florida Supreme Court's holding in Small
v.s. State.
What would happen if an officer or prosecutor view a defendant cell phone without a warrant -
CORRECT ANSWER - The evidence can be suppressed
Can a officer view a defendant's cell phone during a search incident to arrest - CORRECT
ANSWER - No
When can a officer use what he viewed as evidence in a defendant's cell phone ? - CORRECT
ANSWER - While a search incident to arrest warrant exception is still clearly valid.
When is a officer required to give noticed of his office and the purpose of his presence -
CORRECT ANSWER - When on duty, to enter the premises of another for the purpose of
executing a search warrant or effecting an arrest with or without a warrant
, When can an officer use forced to gain admittance - CORRECT ANSWER - After the
officer has announced their authority and purpose in order to make an arrest either by warrant or
for a felony with or without a warrant
Can an officer make entry if the property does not belong to the person of interest - CORRECT
ANSWER - Yes, if there is reason to believe that the person of interest is there.
Arrest can be made with warrant and for warrantless arrest - CORRECT ANSWER - DUE
TO EXIGENT CIRCUMSTANCES AND HOT PURSUIT.
When is a arrest warrant and a search warrant required - CORRECT ANSWER - If the
suspect to be arrested is believed to be located at a third party's residence.
Florida case law prohibits an officer from forcibly entering a private residence to an effect an
arrest for ? - CORRECT ANSWER - Misdemeanor crimes, even if the crime was
committed in officers presence.
What constitute exigent circumstances - CORRECT ANSWER - Any situation in which
articulable facts exist which indicate that the safety of officers or other persons will be
jeopardized or escape, flight will be likely if an arrest is not made with instances.
What is not recognized as exigent circumstances? - CORRECT ANSWER -
Inconvenience, manpower shortages, or administrative obstacles to procuring a warrant.
When can you enter a premises to execute a search warrant - CORRECT ANSWER - If
after due notice of the officer's authority and purpose, he refused admittance to said house or
access anything therein.
When a officer exceeds their authority or exercise it with unnecessary severity in the execution
of a search warrant? - CORRECT ANSWER - Is a Misdemeanor offense
