POST Study Guide
This Supreme Court case established the Exclusionary Rule and said that probable cause must
be used to gain a search warrant. If not, the search will be illegal and evidence collected as a
result of the search can't be used in court.
A. New York v. Belton
B. Gideon v. Wainright
C. People v. Disher
D. Weeks v. US - ANS-D. Weeks v. US
Police Officers may question a suspect that has an attorney already, about crimes for which he
has been charged if the Police Officer(s) provide Miranda Warnings again and the suspect
subsequently waives his rights.
A. People v. Disher
B. Montejo v. Louisiana
C. Illinois v. Cabellas
D. Graham v. Connor - ANS-B. Montejo v. Louisiana
Only when the officer, by means of physical force or show of authority, has in some way
restrained the liberty of a citizen may we conclude that a:
a. excessive force has occurred
b. a stop has occurred
c. a seizure has occurred
d. a detention has occurred - ANS-c. a seizure has occurred
Officers in a patrol car pursued the defendant after they observed the defendant run when he
saw the patrol car. The pursuit consisted of a brief acceleration to catch up to the defendant
followed by a short drive alongside the defendant. The Court said this was:
a. an illegal stop
b. not a stop and therefore constitutional
c. an illegal contact
d. a constitutional seizure - ANS-b. not a stop and therefore constitutional
A law enforcement officer may. stop and briefly detain a person for investigation purposes if the
officer has reasonable suspicion supported by:
a. articulate-able facts
,b. information provided by an anonymous caller
c. good cause
d. contemporaneous factors related to the seizure - ANS-a. articulate-able facts
All formal arrests must be based on:
a. reasonable suspicion
b. reasonable grounds
c. probable cause
d. the totality of the circumstances - ANS-c. probable cause
When determining whether to frisk a suspect, officers must base their decisions on the
______________ standard.
a. reasonably prudent man
b. safety
c. two-officer
d. police officer - ANS-b. safety
Which of the following are considerations in deciding to frisk a person?
I. suspect is nervous or edgy
II. there is a bulge in the suspect's clothing
III. suspect's hand is concealed in his clothing
IV. suspect does not have an adequate explanation for his suspicious behavior
A. I and ll are correct
B. I, II, and III are correct
C. I, II, III, and IV are correct - ANS-C. I, II, III, and IV are correct
The scope of a frisk must be limited to the:
a. necessity to discover contraband
b. necessity to discover weapons
c. necessity to discover drugs
d. necessity to discover illegal items - ANS-b. necessity to discover weapons
A frisk must initially be limited to a pat down of the outer clothing. If a weapon-like object is
detected or if a non-threatening object's identity as contraband is immediately apparent to the
officer's sense of touch, the officer:
a. must ask the individual for consent and then retrieve the object
b. must secure a warrant prior to any search
,c. may reach inside the clothing or pocket and seize the object
d. may arrest the individual first and then seize the object incident to the arrest - ANS-c. may
reach inside the clothing or pocket and seize the object
An officer is not required to ask any questions before frisking a suspect if the nature of the crime
being investigated is:
a. violent and the officer has a reasonable fear for his own safety
b. recent and the officer knows the suspect
c. non-violent and has personal knowledge of the suspect
d. has reasonable suspicion that the suspect committed the crim - ANS-a. violent and the officer
has a reasonable fear for his own safety
Are Miranda warnings required to be given before questioning in connection with a
stop?
a. yes
b. no - ANS-b. no
An officer should never perform a stop and frisk on a person of the opposite sex.
A. True
B. False - ANS-B. False
In Chimel v. California, the Supreme Court ruled on a new exception to searches incident to
arrest. The Court stated that officers could search:
a. anywhere the suspect was arrested
b. "look around" in a house where the suspect was arrested
c. could search the area within the immediate control of the suspect
d. the court requires a warrant for all searches - ANS-c. could search the area within the
immediate control of the suspect
A full search of the arrestee's body allows the search and seizure of items of evidence or
weapons immediately associated with the arrestee's body, such as clothing, billfolds, and
wristwatches.
A. True
B. False - ANS-A. True
Under Chimel rule, officers may also search:
a. arrestee's companions
, b. only those person's that present a danger
c. only in the area of immediate control of the companion
d. none of the above apply - ANS-b. only those person's that present a danger
To perform a search incident to an arrest, an officer must:
a. make any type of arrest of the suspect
b. make a lawful custodial arrest of the suspect
c. may make a lawful arrest by issuance of a su1nmons only
d. may make an arrest by specific performance - ANS-b. make a lawful custodial arrest of the
suspect
In general, a search incident to an arrest must be:
a. done at exactly the same time as the arrest
b. must be contemporaneous with any other search
c. must be contemporaneous with the arrest
d. must be contemporaneous with the consent of the arreste - ANS-c. must be
contemporaneous with the arrest
If the police momentarily detained a suspect, for a fingernail scraping at the scene:
a. this is a seizure and not admissible
b. this is a seizure and admissible
c. this is not a seizure but is admissible
d. this is a violation of the suspect's 4th amendment rights and a warrant was required, therefore
it will be suppressed in court - ANS-b. this is a seizure and admissible
The consent search is frequently used by law enforcement officers because:
I. it is faster
II. it does not require probable cause
III. convenient to the suspect
IV. consent may be withdrawn at any time
A. I is correct
B. I and II are correct
C. I, II, and III are correct
D. I, II, III, and IV are correct - ANS-C. I, II, and III are correct
The test for the validity of a consent search is the _________ of the consent under all
circumstances.
This Supreme Court case established the Exclusionary Rule and said that probable cause must
be used to gain a search warrant. If not, the search will be illegal and evidence collected as a
result of the search can't be used in court.
A. New York v. Belton
B. Gideon v. Wainright
C. People v. Disher
D. Weeks v. US - ANS-D. Weeks v. US
Police Officers may question a suspect that has an attorney already, about crimes for which he
has been charged if the Police Officer(s) provide Miranda Warnings again and the suspect
subsequently waives his rights.
A. People v. Disher
B. Montejo v. Louisiana
C. Illinois v. Cabellas
D. Graham v. Connor - ANS-B. Montejo v. Louisiana
Only when the officer, by means of physical force or show of authority, has in some way
restrained the liberty of a citizen may we conclude that a:
a. excessive force has occurred
b. a stop has occurred
c. a seizure has occurred
d. a detention has occurred - ANS-c. a seizure has occurred
Officers in a patrol car pursued the defendant after they observed the defendant run when he
saw the patrol car. The pursuit consisted of a brief acceleration to catch up to the defendant
followed by a short drive alongside the defendant. The Court said this was:
a. an illegal stop
b. not a stop and therefore constitutional
c. an illegal contact
d. a constitutional seizure - ANS-b. not a stop and therefore constitutional
A law enforcement officer may. stop and briefly detain a person for investigation purposes if the
officer has reasonable suspicion supported by:
a. articulate-able facts
,b. information provided by an anonymous caller
c. good cause
d. contemporaneous factors related to the seizure - ANS-a. articulate-able facts
All formal arrests must be based on:
a. reasonable suspicion
b. reasonable grounds
c. probable cause
d. the totality of the circumstances - ANS-c. probable cause
When determining whether to frisk a suspect, officers must base their decisions on the
______________ standard.
a. reasonably prudent man
b. safety
c. two-officer
d. police officer - ANS-b. safety
Which of the following are considerations in deciding to frisk a person?
I. suspect is nervous or edgy
II. there is a bulge in the suspect's clothing
III. suspect's hand is concealed in his clothing
IV. suspect does not have an adequate explanation for his suspicious behavior
A. I and ll are correct
B. I, II, and III are correct
C. I, II, III, and IV are correct - ANS-C. I, II, III, and IV are correct
The scope of a frisk must be limited to the:
a. necessity to discover contraband
b. necessity to discover weapons
c. necessity to discover drugs
d. necessity to discover illegal items - ANS-b. necessity to discover weapons
A frisk must initially be limited to a pat down of the outer clothing. If a weapon-like object is
detected or if a non-threatening object's identity as contraband is immediately apparent to the
officer's sense of touch, the officer:
a. must ask the individual for consent and then retrieve the object
b. must secure a warrant prior to any search
,c. may reach inside the clothing or pocket and seize the object
d. may arrest the individual first and then seize the object incident to the arrest - ANS-c. may
reach inside the clothing or pocket and seize the object
An officer is not required to ask any questions before frisking a suspect if the nature of the crime
being investigated is:
a. violent and the officer has a reasonable fear for his own safety
b. recent and the officer knows the suspect
c. non-violent and has personal knowledge of the suspect
d. has reasonable suspicion that the suspect committed the crim - ANS-a. violent and the officer
has a reasonable fear for his own safety
Are Miranda warnings required to be given before questioning in connection with a
stop?
a. yes
b. no - ANS-b. no
An officer should never perform a stop and frisk on a person of the opposite sex.
A. True
B. False - ANS-B. False
In Chimel v. California, the Supreme Court ruled on a new exception to searches incident to
arrest. The Court stated that officers could search:
a. anywhere the suspect was arrested
b. "look around" in a house where the suspect was arrested
c. could search the area within the immediate control of the suspect
d. the court requires a warrant for all searches - ANS-c. could search the area within the
immediate control of the suspect
A full search of the arrestee's body allows the search and seizure of items of evidence or
weapons immediately associated with the arrestee's body, such as clothing, billfolds, and
wristwatches.
A. True
B. False - ANS-A. True
Under Chimel rule, officers may also search:
a. arrestee's companions
, b. only those person's that present a danger
c. only in the area of immediate control of the companion
d. none of the above apply - ANS-b. only those person's that present a danger
To perform a search incident to an arrest, an officer must:
a. make any type of arrest of the suspect
b. make a lawful custodial arrest of the suspect
c. may make a lawful arrest by issuance of a su1nmons only
d. may make an arrest by specific performance - ANS-b. make a lawful custodial arrest of the
suspect
In general, a search incident to an arrest must be:
a. done at exactly the same time as the arrest
b. must be contemporaneous with any other search
c. must be contemporaneous with the arrest
d. must be contemporaneous with the consent of the arreste - ANS-c. must be
contemporaneous with the arrest
If the police momentarily detained a suspect, for a fingernail scraping at the scene:
a. this is a seizure and not admissible
b. this is a seizure and admissible
c. this is not a seizure but is admissible
d. this is a violation of the suspect's 4th amendment rights and a warrant was required, therefore
it will be suppressed in court - ANS-b. this is a seizure and admissible
The consent search is frequently used by law enforcement officers because:
I. it is faster
II. it does not require probable cause
III. convenient to the suspect
IV. consent may be withdrawn at any time
A. I is correct
B. I and II are correct
C. I, II, and III are correct
D. I, II, III, and IV are correct - ANS-C. I, II, and III are correct
The test for the validity of a consent search is the _________ of the consent under all
circumstances.
