Force/PPCT Questions With Complete Solutions
When is it reasonable to use pepper spray against a subject?
Physically resisting arrest, potentially active aggressor
Do not use it for compliance (ex. Sir stand up for I will pepper
spray you)
What is the Carroll Doctrine?
Officers have probable cause to search a vehicle for evidence,
and the vehicle is in a public place, the officers may seize and
search the vehicle without a search warrant.
Search Incident to Arrest
A warrantless search of a person and the area within the
suspects immediate control. Conducted shortly after the person
is arrested.
Requirements for Search Incident to Arrest
Lawful Custodial Arrest
Must be substantially, contemporaneous w/the arrest (you can
search immediate area)
Area has to be currently accessible by the arrestee
T or F: When you remove a suspect from a location, you still
have the right to conduct a search incident to arrest of that area.
False (unless you develop separate probable cause)
,Prerequisites for Carroll Doctrine
Probable cause
Must be readily mobile
No requirement that driver be arrested
No exigency required
Requirements for Consent Searches
Consent must be voluntarily given
Consent must be given by individual with
either actual or apparent authority over the place to be searched
(ex. you knock on door and owner answers = actual authority.
Owners mother answers door = apparent authority)
T or F: Consent can be coerced by force or threat, either explicit
or implicit
False
T or F: Consent can be inferred from a suspects words or actions
(ie. shrug)
True
T or F: Consent of one party is not valid if another party with
authority is present and refuses to consent (ie. Husband says you
can search, wife disagrees)
True
T or F: a 10 year old has authority and can consent to a search of
their house
, False
T or F: a 16-17 year old (has job/pays rent) has authority and
can consent to a search of their house
True
Exigent Circumstances (Emergency Situation)
Exist when a reasonable person would believe an immediate
entry or search is necessary to:
- Prevent escape of suspect
- Destruction of evidence
- Death or injury of a person
*Probable Cause + Exigent circumstances
Hot Pursuit
When police are chasing someone they may enter a place
without a warrant. Requires:
- Probable cause to arrest
- Serious crime
- Immediate/continuous pursuit
- From a public place
- Probable cause to believe suspect is in residence
T or F: Probable cause to search does not automatically entitle
you to search every part of a vehicle
True
Destruction of Evidence (Exigent Circumstances):