TCOLE Arrest, Search and Seizure
UPDATED ACTUAL Questions and
CORRECT Answers
All persons are presumed to be innocent and no person may be convicted of an offense unless
each element of the offense is proved ____________________________. The fact that he has
been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to
_________________________. - CORRECT ANSWER - Beyond a reasonable doubt/No
influence of guilt at his trail
There are _______________ but similar definitions of probable cause, one for search and one for
arrest, because different types of information are required to establish probable cause in each
instance. - CORRECT ANSWER - Two different
_______________________ is when probable cause exists where the facts and circumstances
within the officer's knowledge, and of which they have reasonable trustworthy information, are
sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being
committed. - CORRECT ANSWER - Probable cause to arrest
_________________________ is when probable cause to search exists when "the facts and
circumstances within their [the officers'] knowledge and of which they had reasonably
trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in
the belief that [seizable property would be found in a particular place or on a particular person]. -
CORRECT ANSWER - Probable cause to search
The probable cause test, then, must show that ____________________________ of the officer's
knowledge are sufficient enough to warrant a reasonable person to believe a suspect has
committed, is committing, or is about to commit a crime. - CORRECT ANSWER - The
facts and circumstances
________________ is a hunch or the feeling of intuition. Although intuitively knowing
something is undoubtedly a skill that serves law enforcement officers well, mere suspicion is
insufficient proof of any fact in a court of law. - CORRECT ANSWER - Mere suspicion
,______________________ is based upon the totality of the circumstances and is less burden
than probable cause. - CORRECT ANSWER - Reasonable suspicion
The prosecuting attorney ________________________ of an exception in the accusation
charging commission of the offense and prove beyond a reasonable doubt that the defendant or
defendant's conduct does not fall within the exception. - CORRECT ANSWER - Must
negate the existence
"__________________" means a belief that would be held by an ordinary and prudent man in
the same circumstances as the actor. - CORRECT ANSWER - Reasonable belief
Facts and circumstances within the officer's knowledge and of which he has reasonably
trustworthy information sufficient to warrant a prudent man in believing that the person to be
arrested is, has, or is about to commit a crime best describes as _____________. - CORRECT
ANSWER - Probable cause to search
An apparent state of the facts found to exist upon reasonable inquiry which would induct a
reasonably intelligent and prudent man to believe, in a criminal case, that the accused person has
committed the crime charges best defines as _________________. - CORRECT
ANSWER - Probable cause
Police may make a valid stop if they have ___________________. - CORRECT
ANSWER - Reasonable suspicion
What does a peace officer need to make a lawful stop? It is __________________. - CORRECT
ANSWER - Reasonable suspicion
The act of imaging; the apprehension of something without proof or on slight evidence best
defines as ____________. - CORRECT ANSWER - Suspicion
If a peace officer uses deadly force to stop/seize a criminal suspect, what determines whether the
seizure was lawful under the U.S. Constitution is ____________________. - CORRECT
ANSWER - Reasonableness
,___________________________ is a peace officers are free to approach and ask questions of
persons so long as officers recognize that those persons can refuse to identify themselves, refuse
to cooperate, refuse to answer questions, and simply walk away. - CORRECT ANSWER -
Consensual encounters
_____________________________ is a temporary seizure of a person for investigation based on
an officer's reasonable suspicion of criminal activity. - CORRECT ANSWER -
Investigatory stops/detentions
_______ is when taken a person into custody for purposes of charging them with a crime based
on an officer's establishment of probable cause. - CORRECT ANSWER - Arrests
In ________________________________, peace officers are free to approach and ask questions
of persons so long as officers recognize that those persons can refuse to identify themselves,
refuse to cooperate, refuse to answer questions, and simply walk away. - CORRECT
ANSWER - Consensual encounters
In ________________________________, a person can be temporarily seizure for an
investigation based on an officer's reasonable suspicion of criminal activity. - CORRECT
ANSWER - Investigatory stops/detentions
In ______________________________________________, when an officer's establishment of
probable cause, the officer can take the persons into custody for purposes of charging them with
a crime. - CORRECT ANSWER - Arrests
Officers can initiate a police-citizen encounter so long as the officer understands the persons
approached do not have to identify themselves or answer the officer's questions, and are free to
walk away at any time is covered under ______________. - CORRECT ANSWER - Mere
suspicion
______ - A peace officer's purpose or intention to take a person into the custody of the law. -
CORRECT ANSWER - Intent
, ________ - The peace officer's arrest must be made under real authority. This means the officer
is authorized by law to make an arrest and the arrest is supported by probable cause. -
CORRECT ANSWER - Authority
______________ - The person arrested is taken into custody either by physical force or by
submission to assertion of authority. - CORRECT ANSWER - Actual seizure
_______________ - by the person to be arrested of the officer's intention to arrest. - CORRECT
ANSWER - Understanding
A person is arrested when he has been actually placed _______________________________ by
an officer or person executing a warrant of arrest, or by an officer or person arresting without a
warrant. - CORRECT ANSWER - Under restraint or taken into custody
By "_________" is meant the kind of control which one-person exercises over another, not to
confine him within certain limits, but to subject him to the general authority and power of the
person claiming such right. - CORRECT ANSWER - Restraint
"_______" means under arrest by a peace officer or under restraint by a public servant pursuant
to an order of a court of this state or another state of the United States; or under restraint by an
agent or employee of a facility that is operated by or under contract with the United States and
that confines persons arrested for, charged with, or convicted of criminal offenses. - CORRECT
ANSWER - Custody
A peace officer or any other person, may, without a warrant, arrest an offender when the offense
is committed _______________________________, if the offense is one classed as a felony or
as an offense against the public peace. - CORRECT ANSWER - In his presence or within
his view
A peace officer may arrest an offender __________________ for any offense committed in his
presence or within his view. - CORRECT ANSWER - Without a warrant
UPDATED ACTUAL Questions and
CORRECT Answers
All persons are presumed to be innocent and no person may be convicted of an offense unless
each element of the offense is proved ____________________________. The fact that he has
been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to
_________________________. - CORRECT ANSWER - Beyond a reasonable doubt/No
influence of guilt at his trail
There are _______________ but similar definitions of probable cause, one for search and one for
arrest, because different types of information are required to establish probable cause in each
instance. - CORRECT ANSWER - Two different
_______________________ is when probable cause exists where the facts and circumstances
within the officer's knowledge, and of which they have reasonable trustworthy information, are
sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being
committed. - CORRECT ANSWER - Probable cause to arrest
_________________________ is when probable cause to search exists when "the facts and
circumstances within their [the officers'] knowledge and of which they had reasonably
trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in
the belief that [seizable property would be found in a particular place or on a particular person]. -
CORRECT ANSWER - Probable cause to search
The probable cause test, then, must show that ____________________________ of the officer's
knowledge are sufficient enough to warrant a reasonable person to believe a suspect has
committed, is committing, or is about to commit a crime. - CORRECT ANSWER - The
facts and circumstances
________________ is a hunch or the feeling of intuition. Although intuitively knowing
something is undoubtedly a skill that serves law enforcement officers well, mere suspicion is
insufficient proof of any fact in a court of law. - CORRECT ANSWER - Mere suspicion
,______________________ is based upon the totality of the circumstances and is less burden
than probable cause. - CORRECT ANSWER - Reasonable suspicion
The prosecuting attorney ________________________ of an exception in the accusation
charging commission of the offense and prove beyond a reasonable doubt that the defendant or
defendant's conduct does not fall within the exception. - CORRECT ANSWER - Must
negate the existence
"__________________" means a belief that would be held by an ordinary and prudent man in
the same circumstances as the actor. - CORRECT ANSWER - Reasonable belief
Facts and circumstances within the officer's knowledge and of which he has reasonably
trustworthy information sufficient to warrant a prudent man in believing that the person to be
arrested is, has, or is about to commit a crime best describes as _____________. - CORRECT
ANSWER - Probable cause to search
An apparent state of the facts found to exist upon reasonable inquiry which would induct a
reasonably intelligent and prudent man to believe, in a criminal case, that the accused person has
committed the crime charges best defines as _________________. - CORRECT
ANSWER - Probable cause
Police may make a valid stop if they have ___________________. - CORRECT
ANSWER - Reasonable suspicion
What does a peace officer need to make a lawful stop? It is __________________. - CORRECT
ANSWER - Reasonable suspicion
The act of imaging; the apprehension of something without proof or on slight evidence best
defines as ____________. - CORRECT ANSWER - Suspicion
If a peace officer uses deadly force to stop/seize a criminal suspect, what determines whether the
seizure was lawful under the U.S. Constitution is ____________________. - CORRECT
ANSWER - Reasonableness
,___________________________ is a peace officers are free to approach and ask questions of
persons so long as officers recognize that those persons can refuse to identify themselves, refuse
to cooperate, refuse to answer questions, and simply walk away. - CORRECT ANSWER -
Consensual encounters
_____________________________ is a temporary seizure of a person for investigation based on
an officer's reasonable suspicion of criminal activity. - CORRECT ANSWER -
Investigatory stops/detentions
_______ is when taken a person into custody for purposes of charging them with a crime based
on an officer's establishment of probable cause. - CORRECT ANSWER - Arrests
In ________________________________, peace officers are free to approach and ask questions
of persons so long as officers recognize that those persons can refuse to identify themselves,
refuse to cooperate, refuse to answer questions, and simply walk away. - CORRECT
ANSWER - Consensual encounters
In ________________________________, a person can be temporarily seizure for an
investigation based on an officer's reasonable suspicion of criminal activity. - CORRECT
ANSWER - Investigatory stops/detentions
In ______________________________________________, when an officer's establishment of
probable cause, the officer can take the persons into custody for purposes of charging them with
a crime. - CORRECT ANSWER - Arrests
Officers can initiate a police-citizen encounter so long as the officer understands the persons
approached do not have to identify themselves or answer the officer's questions, and are free to
walk away at any time is covered under ______________. - CORRECT ANSWER - Mere
suspicion
______ - A peace officer's purpose or intention to take a person into the custody of the law. -
CORRECT ANSWER - Intent
, ________ - The peace officer's arrest must be made under real authority. This means the officer
is authorized by law to make an arrest and the arrest is supported by probable cause. -
CORRECT ANSWER - Authority
______________ - The person arrested is taken into custody either by physical force or by
submission to assertion of authority. - CORRECT ANSWER - Actual seizure
_______________ - by the person to be arrested of the officer's intention to arrest. - CORRECT
ANSWER - Understanding
A person is arrested when he has been actually placed _______________________________ by
an officer or person executing a warrant of arrest, or by an officer or person arresting without a
warrant. - CORRECT ANSWER - Under restraint or taken into custody
By "_________" is meant the kind of control which one-person exercises over another, not to
confine him within certain limits, but to subject him to the general authority and power of the
person claiming such right. - CORRECT ANSWER - Restraint
"_______" means under arrest by a peace officer or under restraint by a public servant pursuant
to an order of a court of this state or another state of the United States; or under restraint by an
agent or employee of a facility that is operated by or under contract with the United States and
that confines persons arrested for, charged with, or convicted of criminal offenses. - CORRECT
ANSWER - Custody
A peace officer or any other person, may, without a warrant, arrest an offender when the offense
is committed _______________________________, if the offense is one classed as a felony or
as an offense against the public peace. - CORRECT ANSWER - In his presence or within
his view
A peace officer may arrest an offender __________________ for any offense committed in his
presence or within his view. - CORRECT ANSWER - Without a warrant
