KLETC EXAM 1 STUDY GUIDE UPDATED QUESTIONS AND
ANSWERS
Define what a constitution is. - CORRECT ANSWER✅✅✅The constitution embodies the fundamental
principles of our government and tells us what our government can do.
Where does the constitution come from? - CORRECT ANSWER✅✅✅The constitution comes from
the preamble of the constitution.
It has seven articles: Legislative branch, executive branch, judicial branch, relations between states, the
amendment process, general provisions/supremacy of the constitution and ratification process.
There are 27 amendments.
How is the constitution relevant to law enforcement? - CORRECT ANSWER✅✅✅Protects the rights
of citizens, increases the chance of evidence being admissible (valid) at trial and avoids civil liability.
Identify the development of the US Constitution - CORRECT ANSWER✅✅✅It was written in the 18th
century, constitution convention assembled in Philadelphia in May of 1787 and was redesigned and
signed by 38 delegates on September 17, 1787.
What is the purpose of the US Constitution? - CORRECT ANSWER✅✅✅Establish Justice, insure
domestic tranquility, pr0vide for the common defense, promote the general welfare and secure the
blessings of liberty to ourselves and our posterity.
Define the bill of rights - CORRECT ANSWER✅✅✅The bill of rights is made up of the first 10
amendments to the constitution and was adopted in 1791.
How does the bill of rights apply to the states? - CORRECT ANSWER✅✅✅-The US supreme courts
became heavily involved in the bill of rights and law enforcement interaction.
-Contains a vast bulk of fundamental rights, which form the basis for much of our case and statuary law.
-Influences LEOs actions in search and seizure, interrogations, arrests and use of force.
,Identify the specific constitutional amendments that are applicable to criminal justice. - CORRECT
ANSWER✅✅✅1st Amendment
-Freedom of speech, religion, press, petition and assembly
4th Amendment
-Search and seizure
5th Amendment
-Self incrimination, double jeopardy and due process
6th Amendment
-Rights of the accused (speedy and public trial)
8th Amendment
-Cruel and unusual punishments and excessive bail/fines
14th Amendment
-Due Process (assures that citizens of the various states are not treated arbitrarily)
Identify the role of the supreme court as interpreter of the constitution. - CORRECT
ANSWER✅✅✅The role of the interpreter is the be the final judge of unconstitutional decisions in
other and lower courts.
Define the law enforcement officers general duties when making an arrest. - CORRECT
ANSWER✅✅✅Announce your purpose, the official capacity in which you're acting and reason for
the arrest
Importance of the 4th amendment to the arrest procedures. - CORRECT ANSWER✅✅✅Guarantees
the "rights of the people to be secure in their persons against unreasonable seizures"
,Four Categories:
1. Voluntary Encounters
2. Seizures
3. Investigatory stops
4. Arrests
Difference between voluntary conversation and temporary detention. - CORRECT
ANSWER✅✅✅Voluntary conversation:
-Not a seizure
-May approach and ask name, identification, etc. if it is voluntary
-No standard proof required
Temporary Detention:
-Due to reasonable suspicion
-Custody (beyond seizure)
Criteria required to use police power to detain a person for investigative purposes. - CORRECT
ANSWER✅✅✅It is short and less intrusive. Standard of proof has to be reasonable suspicion.
Facts constituting reasonable suspicion and the criteria these facts myst meet to satisfy the courts. -
CORRECT ANSWER✅✅✅FACTS
1. Observation of crime by LEO
2. Subject in the vicinity of the crime
3. Flights of the person from LEO's at/near the crime scene
4. Odors (Alcohol/marijuana)
5. Sounds (Gunshots/Squealing tires)
6. Dispatch Info
7. Info from other LEOs
8. Eyewitness Testimony
, CRITERIA
1. Require objective facts (the totality of circumstances)
2. Must be able to articulate in the report and court.
How the constitution limits police power and the tests courts apply in order to determine if an arrest
exists. - CORRECT ANSWER✅✅✅???
Probable cause to arrest, the significance of it as related to constitutional rights and its application and
characteristics - CORRECT ANSWER✅✅✅Probable Cause:
-When LEO observes facts and circumstances based upon training, education and experience which
leads him/her to believe that a crime has, is or is about to be committed.
Relation to constitutional Rights:
-Could a court find under the "totality of circumstances" that probable cause exists?
-Fourth Amendment: Illegal search and seizure
Application:
-Determination of probable cause is case specific and exists prior to arrest
Characteristics:
1. Physical Evidence found at the scene
2. Info supplied by other LEOs or agencies
3. Info on police records
4. Reports from eye witnesses or informants
5. Rational inferences drawn from the officers prior arrests
Factors considered in establishing probable cause to arrest. - CORRECT ANSWER✅✅✅1. Must exist
prior to arrest and search
2. Need for an arrest with or without a warrant
3. Sufficient facts to cause a prudent person to believe criminal activity is/has occurred.
ANSWERS
Define what a constitution is. - CORRECT ANSWER✅✅✅The constitution embodies the fundamental
principles of our government and tells us what our government can do.
Where does the constitution come from? - CORRECT ANSWER✅✅✅The constitution comes from
the preamble of the constitution.
It has seven articles: Legislative branch, executive branch, judicial branch, relations between states, the
amendment process, general provisions/supremacy of the constitution and ratification process.
There are 27 amendments.
How is the constitution relevant to law enforcement? - CORRECT ANSWER✅✅✅Protects the rights
of citizens, increases the chance of evidence being admissible (valid) at trial and avoids civil liability.
Identify the development of the US Constitution - CORRECT ANSWER✅✅✅It was written in the 18th
century, constitution convention assembled in Philadelphia in May of 1787 and was redesigned and
signed by 38 delegates on September 17, 1787.
What is the purpose of the US Constitution? - CORRECT ANSWER✅✅✅Establish Justice, insure
domestic tranquility, pr0vide for the common defense, promote the general welfare and secure the
blessings of liberty to ourselves and our posterity.
Define the bill of rights - CORRECT ANSWER✅✅✅The bill of rights is made up of the first 10
amendments to the constitution and was adopted in 1791.
How does the bill of rights apply to the states? - CORRECT ANSWER✅✅✅-The US supreme courts
became heavily involved in the bill of rights and law enforcement interaction.
-Contains a vast bulk of fundamental rights, which form the basis for much of our case and statuary law.
-Influences LEOs actions in search and seizure, interrogations, arrests and use of force.
,Identify the specific constitutional amendments that are applicable to criminal justice. - CORRECT
ANSWER✅✅✅1st Amendment
-Freedom of speech, religion, press, petition and assembly
4th Amendment
-Search and seizure
5th Amendment
-Self incrimination, double jeopardy and due process
6th Amendment
-Rights of the accused (speedy and public trial)
8th Amendment
-Cruel and unusual punishments and excessive bail/fines
14th Amendment
-Due Process (assures that citizens of the various states are not treated arbitrarily)
Identify the role of the supreme court as interpreter of the constitution. - CORRECT
ANSWER✅✅✅The role of the interpreter is the be the final judge of unconstitutional decisions in
other and lower courts.
Define the law enforcement officers general duties when making an arrest. - CORRECT
ANSWER✅✅✅Announce your purpose, the official capacity in which you're acting and reason for
the arrest
Importance of the 4th amendment to the arrest procedures. - CORRECT ANSWER✅✅✅Guarantees
the "rights of the people to be secure in their persons against unreasonable seizures"
,Four Categories:
1. Voluntary Encounters
2. Seizures
3. Investigatory stops
4. Arrests
Difference between voluntary conversation and temporary detention. - CORRECT
ANSWER✅✅✅Voluntary conversation:
-Not a seizure
-May approach and ask name, identification, etc. if it is voluntary
-No standard proof required
Temporary Detention:
-Due to reasonable suspicion
-Custody (beyond seizure)
Criteria required to use police power to detain a person for investigative purposes. - CORRECT
ANSWER✅✅✅It is short and less intrusive. Standard of proof has to be reasonable suspicion.
Facts constituting reasonable suspicion and the criteria these facts myst meet to satisfy the courts. -
CORRECT ANSWER✅✅✅FACTS
1. Observation of crime by LEO
2. Subject in the vicinity of the crime
3. Flights of the person from LEO's at/near the crime scene
4. Odors (Alcohol/marijuana)
5. Sounds (Gunshots/Squealing tires)
6. Dispatch Info
7. Info from other LEOs
8. Eyewitness Testimony
, CRITERIA
1. Require objective facts (the totality of circumstances)
2. Must be able to articulate in the report and court.
How the constitution limits police power and the tests courts apply in order to determine if an arrest
exists. - CORRECT ANSWER✅✅✅???
Probable cause to arrest, the significance of it as related to constitutional rights and its application and
characteristics - CORRECT ANSWER✅✅✅Probable Cause:
-When LEO observes facts and circumstances based upon training, education and experience which
leads him/her to believe that a crime has, is or is about to be committed.
Relation to constitutional Rights:
-Could a court find under the "totality of circumstances" that probable cause exists?
-Fourth Amendment: Illegal search and seizure
Application:
-Determination of probable cause is case specific and exists prior to arrest
Characteristics:
1. Physical Evidence found at the scene
2. Info supplied by other LEOs or agencies
3. Info on police records
4. Reports from eye witnesses or informants
5. Rational inferences drawn from the officers prior arrests
Factors considered in establishing probable cause to arrest. - CORRECT ANSWER✅✅✅1. Must exist
prior to arrest and search
2. Need for an arrest with or without a warrant
3. Sufficient facts to cause a prudent person to believe criminal activity is/has occurred.
