OPOTA Arrest, Search, and Seizure
SPO #1 Purpose of the Fourth Amendment to the United States Constitution correct answersThe purpose of the Fourth Amendment to the United States Constitution is to establish/guarantee rights relating to arrests, searches, and seizures of persons
SPO #2 A person is seized... correct answersA person is seized only when, in view of all circumstances surrounding the incident, a reasonable person would believe he was not free to leave
SPO #2 A reasonable person would believe he was not free to leave when being seized. Courts look at correct answers1. Threatening presence of several officers
2. Display of a weapon by an officer
3. Some physical touching of the person
4. The use of language or tone of voice indicating that compliance with officer's request might be compelled
SPO #3 Probable Cause defined correct answersProbable cause exists when the facts and circumstances within the officer's knowledge and of which he/she has reasonably trustworthy information sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested
SPO #3 Probable Cause to arrest correct answers1. The law has been violated
2. The person about to be arrested committed that unlawful act
SPO #4 Explain when an officer can use the rationale from Terry correct answersUsing the rationale from Terry, an officer may detain an individual based upon the officer's reasonable, articulable suspicion that a
criminal act was being planned or was in the process of being committed
SPO #5 Requirements be a Terry pat-down/frisk correct answers1. Officers are required to articulate reasonable suspicion that the suspect is armed
2. The suspect poses a threat to them SPO #6 Plain feel doctrine correct answersIf the officer feels an object that he/she immediately recognizes as contraband, it may be seized even if he.she knows it is not a weapon
SPO #6 Stipulations to the plain feel doctrine correct answers1. Only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels
2. When the incriminating nature of the object is immediately apparent, seizing it does not invade the suspect's privacy beyond what is allowed in a Terry frisk
3. The officer may not seize an object that is unmistakably not a weapon, if determining its identity requires further manipulation
4. When determining if an object requires further manipulation, an additional invasion of privacy is necessary, and that is not permitted under terry 6. Once it is determined that an object is not a weapon, the search must stop unless there is a warrant, probable cause for arrest, or consent is obtained
SPO #7 Elements necessary to constitute an arrest correct answers1. Intent
2. Authority
3. Seizure
4. Understanding
SPO #7 Intent correct answersThe intent of the arresting officer to take someone into custody is one of the basic elements that distinguishes an arrest from lesser forms of detention
SPO #7 Authority correct answersRestraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer
SPO #7 Seizure correct answersActual or constructive seizure or detention of the person by submission or by physical restraint
SPO #7 Understand correct answersPerson arrest understands that he/she is arrested. This is determined
on a case by case basis
SPO #1 Purpose of the Fourth Amendment to the United States Constitution correct answersThe purpose of the Fourth Amendment to the United States Constitution is to establish/guarantee rights relating to arrests, searches, and seizures of persons
SPO #2 A person is seized... correct answersA person is seized only when, in view of all circumstances surrounding the incident, a reasonable person would believe he was not free to leave
SPO #2 A reasonable person would believe he was not free to leave when being seized. Courts look at correct answers1. Threatening presence of several officers
2. Display of a weapon by an officer
3. Some physical touching of the person
4. The use of language or tone of voice indicating that compliance with officer's request might be compelled
SPO #3 Probable Cause defined correct answersProbable cause exists when the facts and circumstances within the officer's knowledge and of which he/she has reasonably trustworthy information sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested
SPO #3 Probable Cause to arrest correct answers1. The law has been violated
2. The person about to be arrested committed that unlawful act
SPO #4 Explain when an officer can use the rationale from Terry correct answersUsing the rationale from Terry, an officer may detain an individual based upon the officer's reasonable, articulable suspicion that a
criminal act was being planned or was in the process of being committed
SPO #5 Requirements be a Terry pat-down/frisk correct answers1. Officers are required to articulate reasonable suspicion that the suspect is armed
2. The suspect poses a threat to them SPO #6 Plain feel doctrine correct answersIf the officer feels an object that he/she immediately recognizes as contraband, it may be seized even if he.she knows it is not a weapon
SPO #6 Stipulations to the plain feel doctrine correct answers1. Only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels
2. When the incriminating nature of the object is immediately apparent, seizing it does not invade the suspect's privacy beyond what is allowed in a Terry frisk
3. The officer may not seize an object that is unmistakably not a weapon, if determining its identity requires further manipulation
4. When determining if an object requires further manipulation, an additional invasion of privacy is necessary, and that is not permitted under terry 6. Once it is determined that an object is not a weapon, the search must stop unless there is a warrant, probable cause for arrest, or consent is obtained
SPO #7 Elements necessary to constitute an arrest correct answers1. Intent
2. Authority
3. Seizure
4. Understanding
SPO #7 Intent correct answersThe intent of the arresting officer to take someone into custody is one of the basic elements that distinguishes an arrest from lesser forms of detention
SPO #7 Authority correct answersRestraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer
SPO #7 Seizure correct answersActual or constructive seizure or detention of the person by submission or by physical restraint
SPO #7 Understand correct answersPerson arrest understands that he/she is arrested. This is determined
on a case by case basis
