MPTC CONSTITUTIONAL LAW COMPREHENSIVE EXAM
UPDATED QUESTIONS AND ANSWERS GRADED A+
✔✔Define Probable Cause (in an arrest) - ✔✔convince a person of reasonable caution
that it IS MORE LIKELY THAN NOT that a crime has been committed and the person to
be arrested has committed it
✔✔Define Voluntary Encounter - ✔✔officers talk to people freely. Person is not required
to respond and is free to leave
✔✔Legal standard for search and seizure "with a warrant" - ✔✔pretty much anywhere
as long as you have a warrant
✔✔Legal standard for search and seizure "without a warrant" - ✔✔pat frisks, inventory -
warrantless
✔✔Legal standard for search and seizure "investigative stops"
aka Terry Stops or threshold Inquiries - ✔✔short duration, WARRANTLESS seizure,
police must have reasonable suspicion that someone has, is or is about to commit a
crime.
Terry stops are used to determine if there is probable cause
✔✔what do you need for an investigative stop - ✔✔reasonable suspicion
✔✔Legal standard for search and seizure "search incident to arrest" - ✔✔allows police
to perform a warrantless search of an arrested person for evidence or contraband in
relation to the crime that has been committed. It is used to prevent the destruction or
concealment of the evidence.
✔✔where can you search for a search incident to arrest - ✔✔immediate person and
immediate control
✔✔what 3 reasons for conducting a search incident to arrest - ✔✔1. escape
2. harm to the public
3. destruction or concealment of evidence for the crime they are being arrested for.
(arrest for a warrant, cannot search for drugs in the car)
✔✔Legal standard for search and seizure "consent searches" - ✔✔a person voluntarily
and willingly, without coercion, grants officers the right to search. Must be clearly
communicated by the officers.
✔✔Actual Authority for who can give consent searches (2) - ✔✔1. who actually lives
there
2. a person has a written contract that allows officers to search for contraband
, ✔✔spouses and roommates may give consent searches, but what is the one
exception? - ✔✔if they never go into a certain part of the house (spouses' office,
roommate's bottom drawer)
✔✔what trumps the other in a consent search - yes or no - ✔✔No
✔✔what is apparent authority in a consent search - ✔✔when an officer makes a faulty
judgment about someone's actual authority over the home.
✔✔when can consent to search be revoked - ✔✔at anytime
✔✔Legal standard for search and seizure for "plain view" - ✔✔when officers are lawfully
present and see something in plain view, out in the open. item must be immediately
apparent and came across it unintentionally
(on the scene for a disturbance, see an unlicensed handgun on the table)
✔✔Legal standard for search and seizure for "curtilage" - ✔✔people have a reasonable
expectation of privacy in their curtilage, usually whatever is inside the fence
✔✔define curtilage - ✔✔refers to the area immediately surrounding a dwelling
(garages, gardens, decks, pools)
✔✔is open field part of the curtilage? - ✔✔open field/unused land that is not groomed,
NO not part of curtilage
✔✔Legal standard for search and seizure for "exigent circumstances" - ✔✔allow police
to make entry and conduct searches WITHOUT A WARRANT in places where a
reasonable expectation of privacy exists
✔✔factors for exigent circumstances (1 always and one of three) - ✔✔BOTH 1 -
probable cause
2a - reasonable likelihood of danger to the officer or third parties if the police do not take
immediate action
OR
2b - a reasonable likelihood of imminent removal or destruction of evidence
OR
2c - a risk of flight by a person
✔✔Legal standard for search and seizure "inventories" (3 purposes) - ✔✔not
investigative searches.
purpose is to safeguards owner's property,
protect police from accusations of theft,
protect place of detention from potential weapons
UPDATED QUESTIONS AND ANSWERS GRADED A+
✔✔Define Probable Cause (in an arrest) - ✔✔convince a person of reasonable caution
that it IS MORE LIKELY THAN NOT that a crime has been committed and the person to
be arrested has committed it
✔✔Define Voluntary Encounter - ✔✔officers talk to people freely. Person is not required
to respond and is free to leave
✔✔Legal standard for search and seizure "with a warrant" - ✔✔pretty much anywhere
as long as you have a warrant
✔✔Legal standard for search and seizure "without a warrant" - ✔✔pat frisks, inventory -
warrantless
✔✔Legal standard for search and seizure "investigative stops"
aka Terry Stops or threshold Inquiries - ✔✔short duration, WARRANTLESS seizure,
police must have reasonable suspicion that someone has, is or is about to commit a
crime.
Terry stops are used to determine if there is probable cause
✔✔what do you need for an investigative stop - ✔✔reasonable suspicion
✔✔Legal standard for search and seizure "search incident to arrest" - ✔✔allows police
to perform a warrantless search of an arrested person for evidence or contraband in
relation to the crime that has been committed. It is used to prevent the destruction or
concealment of the evidence.
✔✔where can you search for a search incident to arrest - ✔✔immediate person and
immediate control
✔✔what 3 reasons for conducting a search incident to arrest - ✔✔1. escape
2. harm to the public
3. destruction or concealment of evidence for the crime they are being arrested for.
(arrest for a warrant, cannot search for drugs in the car)
✔✔Legal standard for search and seizure "consent searches" - ✔✔a person voluntarily
and willingly, without coercion, grants officers the right to search. Must be clearly
communicated by the officers.
✔✔Actual Authority for who can give consent searches (2) - ✔✔1. who actually lives
there
2. a person has a written contract that allows officers to search for contraband
, ✔✔spouses and roommates may give consent searches, but what is the one
exception? - ✔✔if they never go into a certain part of the house (spouses' office,
roommate's bottom drawer)
✔✔what trumps the other in a consent search - yes or no - ✔✔No
✔✔what is apparent authority in a consent search - ✔✔when an officer makes a faulty
judgment about someone's actual authority over the home.
✔✔when can consent to search be revoked - ✔✔at anytime
✔✔Legal standard for search and seizure for "plain view" - ✔✔when officers are lawfully
present and see something in plain view, out in the open. item must be immediately
apparent and came across it unintentionally
(on the scene for a disturbance, see an unlicensed handgun on the table)
✔✔Legal standard for search and seizure for "curtilage" - ✔✔people have a reasonable
expectation of privacy in their curtilage, usually whatever is inside the fence
✔✔define curtilage - ✔✔refers to the area immediately surrounding a dwelling
(garages, gardens, decks, pools)
✔✔is open field part of the curtilage? - ✔✔open field/unused land that is not groomed,
NO not part of curtilage
✔✔Legal standard for search and seizure for "exigent circumstances" - ✔✔allow police
to make entry and conduct searches WITHOUT A WARRANT in places where a
reasonable expectation of privacy exists
✔✔factors for exigent circumstances (1 always and one of three) - ✔✔BOTH 1 -
probable cause
2a - reasonable likelihood of danger to the officer or third parties if the police do not take
immediate action
OR
2b - a reasonable likelihood of imminent removal or destruction of evidence
OR
2c - a risk of flight by a person
✔✔Legal standard for search and seizure "inventories" (3 purposes) - ✔✔not
investigative searches.
purpose is to safeguards owner's property,
protect police from accusations of theft,
protect place of detention from potential weapons
