TLETA WEEK 2 EXAM FULLY SOLVED #18
What level of proof needed for a traffic stop - correct answer reasonable suspicion
Can you detain based off of mere suspicion - correct answer No
Info passed on by CI needs info to be predictive and have - correct answer valid
reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - correct answer
Yes, but not as stringently
At what point is suspect "seized"? - correct answer As soon as police display authority
(blue lights)
A person is not "seized" until - correct answer physically restrained or voluntarily
complies
If we aren't enforcing the law, we are under a - correct answer care taking function
How is caretaker function legal? - correct answer 1. RS that person is need of
assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - correct answer Consent,
Incident to arrest, frisk, plainview, inventory, exigent circumstances
Consent must be... - correct answer freely, voluntarily, and knowingly given
Person giving consent must have what? - correct answer Standing with that vehicle (exp
driver)
If there is conflicting consent from two standing parties to search a vehicle, can you still
search? - correct answer Yes, but anything that is found in the vehicle can only be
charged to person who gave consent
How many people are needed to give consent? - correct answer one
When can consent be withdrawn or limited? - correct answer anytime
Search incident to arrest requires - correct answer lawful custodial arrest
Is a search incident to arrest limited? - correct answer no
, During search of vehicle with incident to arrest, once suspect is secure; can you search
passenger compartment? - correct answer No, unless there is reason to believe that
evidence of the crime for which the arrest was made will be found.
Frisk of car consists of... - correct answer Visual sweep of passenger compartment and
only areas that may conceal a weapon
For plainview of a vehicle, the illegal object must be - correct answer immediately
obvious
Inventory can only be done if vehicle is being what? - correct answer towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - correct
answer Its due to the exigency of the inherent mobility of a motor vehicle.
If it has been days since a vehicle was towed and seized due to a crime, can it still be
searched without a warrant? - correct answer Yes, as long as there was a solid and
secure chain of custody
Civil Liability is a - correct answer financial transaction
Liability wise, instead of use of force, we should - correct answer respond to resistance
To win a case, we need to be what about our actions? - correct answer Reasonable,
justified, articulate, and defensible
What is often a weak link to many case leos lose - correct answer supervisors
Triangle of civil liability - correct answer Who was injured - Who's responsible - $$$$
Levels of liability from least to greatest - correct answer Negligence, Gross Neg,
Deliberate Indifference, conduct that shocks the conscience
Plaintiffs attack leos on what 5 fronts? - correct answer Facts of case, Policy, Training,
Supervision, Disicpline
Per Canton V Harris, Officers should receive training and info for - correct answer
foreseeable activities
Based on the TN Gov Tort Liability act, leos are liable for: - correct answer The unsafe
operation of a motor vehicle and injury from an unsafe road, alley, sidewalk
Public Duty Doctrine means you have a duty to - correct answer act
What level of proof needed for a traffic stop - correct answer reasonable suspicion
Can you detain based off of mere suspicion - correct answer No
Info passed on by CI needs info to be predictive and have - correct answer valid
reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - correct answer
Yes, but not as stringently
At what point is suspect "seized"? - correct answer As soon as police display authority
(blue lights)
A person is not "seized" until - correct answer physically restrained or voluntarily
complies
If we aren't enforcing the law, we are under a - correct answer care taking function
How is caretaker function legal? - correct answer 1. RS that person is need of
assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - correct answer Consent,
Incident to arrest, frisk, plainview, inventory, exigent circumstances
Consent must be... - correct answer freely, voluntarily, and knowingly given
Person giving consent must have what? - correct answer Standing with that vehicle (exp
driver)
If there is conflicting consent from two standing parties to search a vehicle, can you still
search? - correct answer Yes, but anything that is found in the vehicle can only be
charged to person who gave consent
How many people are needed to give consent? - correct answer one
When can consent be withdrawn or limited? - correct answer anytime
Search incident to arrest requires - correct answer lawful custodial arrest
Is a search incident to arrest limited? - correct answer no
, During search of vehicle with incident to arrest, once suspect is secure; can you search
passenger compartment? - correct answer No, unless there is reason to believe that
evidence of the crime for which the arrest was made will be found.
Frisk of car consists of... - correct answer Visual sweep of passenger compartment and
only areas that may conceal a weapon
For plainview of a vehicle, the illegal object must be - correct answer immediately
obvious
Inventory can only be done if vehicle is being what? - correct answer towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - correct
answer Its due to the exigency of the inherent mobility of a motor vehicle.
If it has been days since a vehicle was towed and seized due to a crime, can it still be
searched without a warrant? - correct answer Yes, as long as there was a solid and
secure chain of custody
Civil Liability is a - correct answer financial transaction
Liability wise, instead of use of force, we should - correct answer respond to resistance
To win a case, we need to be what about our actions? - correct answer Reasonable,
justified, articulate, and defensible
What is often a weak link to many case leos lose - correct answer supervisors
Triangle of civil liability - correct answer Who was injured - Who's responsible - $$$$
Levels of liability from least to greatest - correct answer Negligence, Gross Neg,
Deliberate Indifference, conduct that shocks the conscience
Plaintiffs attack leos on what 5 fronts? - correct answer Facts of case, Policy, Training,
Supervision, Disicpline
Per Canton V Harris, Officers should receive training and info for - correct answer
foreseeable activities
Based on the TN Gov Tort Liability act, leos are liable for: - correct answer The unsafe
operation of a motor vehicle and injury from an unsafe road, alley, sidewalk
Public Duty Doctrine means you have a duty to - correct answer act
