FLETC Legal Exam
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
1. 1. Thompson is suspect- a. No, because the officers physically intruded on a constitutionally
ed of running a counter- protect location without either a warrant or an exception to the 4th
feiting operation out of Amendment.
his garage. The garage is CORRECT: The root of the question says that the officers were on
attached to the dwelling. Thompson's curtilage. The officers did not have a warrant to be
Without a warrant, three there and there is no 4th Amendment exception. Accordingly, the
officers step onto his cur- observation was unlawful and the information they obtained cannot
tilage, shine a flashlight be lawfully used to obtain a warrant.
into the garage, and take
a quick look. They observe b. No, because the use of a flashlight violated Thompson's reason-
a number of what appear able expectation of privacy.
to be $100 bills hanging INCORRECT: Using a flashlight, by itself, does not violate a person's
from a clothesline. Was REP.
the observation into the
c. Yes, because the garage does not have curtilage because it is not
garage lawful?
a dwelling.
a. No, because the officers INCORRECT: Curtilage is not limited to dwellings and includes areas
physically intruded on a surrounding a dwelling. (Review your student text.)
constitutionally protect lo-
d. Yes, because the garage itself was not within the curtilage of
cation without either a
Thompson's dwelling.
warrant or an exception to
INCORRECT: The garage was attached to the house so it was very
the 4th Amendment.
likely on the curtilage. More importantly, the officers were unlawfully
b. No, because the use on the curtilage when they made their observations.
of a flashlight violat-
ed Thompson's reason-
able expectation of priva-
cy.
c. Yes, because the garage
does not have curtilage
because it is not a
Page 1 of 151
, FLETC Legal Exam
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
dwelling.
d. Yes, because the garage
itself was not within the
curtilage of Thompson's
dwelling.
2. 2. Agents develop reason- a. Denied, because the agents had reasonable suspicion of criminal
able suspicion that Woost- activity.
er is operating a stolen INCORRECT: The officers only had reasonable suspicion criminal
credit card ring. Upon see- activity was afoot which would allow them to make a Terry stop and
ing Wooster driving in his direct Wooster out of his car. The officers did not have reasonable
car one afternoon, the suspicion that Wooster was presently armed and dangerous making
agents follow him. When the Terry frisk illegal. The crime of operating a stolen credit card ring
he arrives at a shopping is not the type of offense which would give R/S a person is presently
mall, the agents approach armed and dangerous (like one would have with R/S someone
him, identify themselves, committed a robbery or burglary.)
and tell him to put his
hands on his automobile. b. Denied, because the agents had probable cause to remove the
One of the agents frisks cards from his pocket under the "plain touch" doctrine.
him and, in the upper left INCORRECT: The Terry frisk was illegal. (See a above.) The credit
hand pocket, feels what is cards were discovered during an illegal frisk. If the officers had
immediately apparent to R/S Wooster was presently armed and dangerous, they could have
him as a stack of credit frisked Wooster.
cards bound by a rubber Even then the plain touch doctrine would not apply because it was
band. The agent removes not immediately apparent that the credit cards were stolen (just that
the credit cards and, ul- they were credit cards.)
timately, determines that
c. Granted, because the agents performed an illegal "frisk" of Woost-
they are stolen. Wooster's
er.
motion to suppress the
CORRECT: The officers only had reasonable suspicion criminal activity
credit cards will be -
was afoot which would allow them to make a Terry stop and direct
Page 2 of 151
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FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
a. Denied, because the Wooster out of his car. The officers did not have reasonable suspicion
agents had reasonable that Wooster was presently armed and dangerous making the Terry
suspicion of criminal activ- frisk illegal. Remember: just because you have a Terry Stop doesn't
ity. mean you automatically get a Terry Frisk! In order to lawfully do
a Terry Frisk on a detained person you have to articulate facts to
b. Denied, because the establish a reasonable suspicion that the person is presently armed
agents had probable in dangerous.
cause to remove the cards
from his pocket under the d. Granted, because a "frisk" may result only in the discovery of
"plain touch" doctrine. weapons on a suspect.
INCORRECT: A lawful Terry frisk is a pat down of the outer clothing
c. Granted, because the to look for weapons or hard objects that may used as a weapon.
agents performed an ille- In a lawful Terry frisk, not only may the officer retrieve weapons,
gal "frisk" of Wooster. he/she may also retrieve hard objects that might be a weapon and
soft objects that are immediately apparent to be contraband. (Review
d. Granted, because a
plain touch in your student text.)
"frisk" may result only in
the discovery of weapons
on a suspect.
3. 3. Johnson is arrested for a. Yes, because Johnson's statements amount to probable cause
drunk driving and failing under a totality of the circumstances using the Illinois v. Gates test.
to pay child support. He CORRECT: The information known to the officers show both that
agrees to share informa- Johnson was reliable and had a basis of knowledge in what he told
tion with the police to the officers. Furthermore, because he is a co-criminal, the infor-
avoid prosecution. Hav- mation he provided is presumed reliable. Under a totality of the
ing been personally in- circumstances this is enough to establish probable cause.
volved in every aspect of
an ongoing stolen pay- b. Yes, because Johnson has never provided false information to the
check operation, Johnson officers in the past.
explained the intimate de- INCORRECT: Even if true, this would go to Johnson's reliability. It
tails to the police of what would not, however, establish a basis of knowledge. This alone is not
enough.
Page 3 of 151
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FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
he saw and did with Fred,
a co-criminal. Based on c. No, because the officers did not corroborate Johnson's state-
his statements alone, the ments.
officers seek a search war- INCORRECT: Because the Gates test was satisfied (reliability and
rant for the co-criminal's basis of knowledge under a totality of the circumstances) there was
premises where Johnson no requirement to corroborate the information.
stated he saw many of
d. Denied, because statements alone can never establish probable
the stolen checks the
cause.
day before. Can Johnson's
INCORRECT: A statement from an informant if it is reliable under the
statement alone establish
totality of the circumstances test established in Illinois v Gates.
Probable Cause to sup-
port a warrant applica-
tion?
a. Yes, because John-
son's statements amount
to probable cause under
a totality of the circum-
stances using the Illinois
v. Gates test.
b. Yes, because Johnson
has never provided false
information to the officers
in the past.
c. No, because the officers
did not corroborate John-
son's statements.
d. No, because state-
Page 4 of 151
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
1. 1. Thompson is suspect- a. No, because the officers physically intruded on a constitutionally
ed of running a counter- protect location without either a warrant or an exception to the 4th
feiting operation out of Amendment.
his garage. The garage is CORRECT: The root of the question says that the officers were on
attached to the dwelling. Thompson's curtilage. The officers did not have a warrant to be
Without a warrant, three there and there is no 4th Amendment exception. Accordingly, the
officers step onto his cur- observation was unlawful and the information they obtained cannot
tilage, shine a flashlight be lawfully used to obtain a warrant.
into the garage, and take
a quick look. They observe b. No, because the use of a flashlight violated Thompson's reason-
a number of what appear able expectation of privacy.
to be $100 bills hanging INCORRECT: Using a flashlight, by itself, does not violate a person's
from a clothesline. Was REP.
the observation into the
c. Yes, because the garage does not have curtilage because it is not
garage lawful?
a dwelling.
a. No, because the officers INCORRECT: Curtilage is not limited to dwellings and includes areas
physically intruded on a surrounding a dwelling. (Review your student text.)
constitutionally protect lo-
d. Yes, because the garage itself was not within the curtilage of
cation without either a
Thompson's dwelling.
warrant or an exception to
INCORRECT: The garage was attached to the house so it was very
the 4th Amendment.
likely on the curtilage. More importantly, the officers were unlawfully
b. No, because the use on the curtilage when they made their observations.
of a flashlight violat-
ed Thompson's reason-
able expectation of priva-
cy.
c. Yes, because the garage
does not have curtilage
because it is not a
Page 1 of 151
, FLETC Legal Exam
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
dwelling.
d. Yes, because the garage
itself was not within the
curtilage of Thompson's
dwelling.
2. 2. Agents develop reason- a. Denied, because the agents had reasonable suspicion of criminal
able suspicion that Woost- activity.
er is operating a stolen INCORRECT: The officers only had reasonable suspicion criminal
credit card ring. Upon see- activity was afoot which would allow them to make a Terry stop and
ing Wooster driving in his direct Wooster out of his car. The officers did not have reasonable
car one afternoon, the suspicion that Wooster was presently armed and dangerous making
agents follow him. When the Terry frisk illegal. The crime of operating a stolen credit card ring
he arrives at a shopping is not the type of offense which would give R/S a person is presently
mall, the agents approach armed and dangerous (like one would have with R/S someone
him, identify themselves, committed a robbery or burglary.)
and tell him to put his
hands on his automobile. b. Denied, because the agents had probable cause to remove the
One of the agents frisks cards from his pocket under the "plain touch" doctrine.
him and, in the upper left INCORRECT: The Terry frisk was illegal. (See a above.) The credit
hand pocket, feels what is cards were discovered during an illegal frisk. If the officers had
immediately apparent to R/S Wooster was presently armed and dangerous, they could have
him as a stack of credit frisked Wooster.
cards bound by a rubber Even then the plain touch doctrine would not apply because it was
band. The agent removes not immediately apparent that the credit cards were stolen (just that
the credit cards and, ul- they were credit cards.)
timately, determines that
c. Granted, because the agents performed an illegal "frisk" of Woost-
they are stolen. Wooster's
er.
motion to suppress the
CORRECT: The officers only had reasonable suspicion criminal activity
credit cards will be -
was afoot which would allow them to make a Terry stop and direct
Page 2 of 151
, FLETC Legal Exam
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
a. Denied, because the Wooster out of his car. The officers did not have reasonable suspicion
agents had reasonable that Wooster was presently armed and dangerous making the Terry
suspicion of criminal activ- frisk illegal. Remember: just because you have a Terry Stop doesn't
ity. mean you automatically get a Terry Frisk! In order to lawfully do
a Terry Frisk on a detained person you have to articulate facts to
b. Denied, because the establish a reasonable suspicion that the person is presently armed
agents had probable in dangerous.
cause to remove the cards
from his pocket under the d. Granted, because a "frisk" may result only in the discovery of
"plain touch" doctrine. weapons on a suspect.
INCORRECT: A lawful Terry frisk is a pat down of the outer clothing
c. Granted, because the to look for weapons or hard objects that may used as a weapon.
agents performed an ille- In a lawful Terry frisk, not only may the officer retrieve weapons,
gal "frisk" of Wooster. he/she may also retrieve hard objects that might be a weapon and
soft objects that are immediately apparent to be contraband. (Review
d. Granted, because a
plain touch in your student text.)
"frisk" may result only in
the discovery of weapons
on a suspect.
3. 3. Johnson is arrested for a. Yes, because Johnson's statements amount to probable cause
drunk driving and failing under a totality of the circumstances using the Illinois v. Gates test.
to pay child support. He CORRECT: The information known to the officers show both that
agrees to share informa- Johnson was reliable and had a basis of knowledge in what he told
tion with the police to the officers. Furthermore, because he is a co-criminal, the infor-
avoid prosecution. Hav- mation he provided is presumed reliable. Under a totality of the
ing been personally in- circumstances this is enough to establish probable cause.
volved in every aspect of
an ongoing stolen pay- b. Yes, because Johnson has never provided false information to the
check operation, Johnson officers in the past.
explained the intimate de- INCORRECT: Even if true, this would go to Johnson's reliability. It
tails to the police of what would not, however, establish a basis of knowledge. This alone is not
enough.
Page 3 of 151
, FLETC Legal Exam
FLETC Legal Exam
Study online at https://quizlet.com/_5m52ue
he saw and did with Fred,
a co-criminal. Based on c. No, because the officers did not corroborate Johnson's state-
his statements alone, the ments.
officers seek a search war- INCORRECT: Because the Gates test was satisfied (reliability and
rant for the co-criminal's basis of knowledge under a totality of the circumstances) there was
premises where Johnson no requirement to corroborate the information.
stated he saw many of
d. Denied, because statements alone can never establish probable
the stolen checks the
cause.
day before. Can Johnson's
INCORRECT: A statement from an informant if it is reliable under the
statement alone establish
totality of the circumstances test established in Illinois v Gates.
Probable Cause to sup-
port a warrant applica-
tion?
a. Yes, because John-
son's statements amount
to probable cause under
a totality of the circum-
stances using the Illinois
v. Gates test.
b. Yes, because Johnson
has never provided false
information to the officers
in the past.
c. No, because the officers
did not corroborate John-
son's statements.
d. No, because state-
Page 4 of 151
