TMAS 2 UPDATED ACTUAL Exam
Questions and CORRECT Answers
Objective Reasonableness - CORRECT ANSWER - Whether society is prepared to
recognize an individual's expectation of privacy as reasonable
Probable cause to search - CORRECT ANSWER - Crime was committed or will be
committed, evidence exist, and located in the place to be searched.
Custodial lineup - CORRECT ANSWER - Identification procedure in which the victim or
witness to a crime is asked to look at a number of individuals within a custodial environment in
an attempt to identify the suspect.
Custodial lineup timing - CORRECT ANSWER - May take place any time after a crime
has been committed.
Scope of Search Incident to Arrest - CORRECT ANSWER - A search incident to a
custodial arrest may include:a full search of the arrestee's personcontainers on the arrestee's
personthe nearby physical area that was under the immediate control of the arrestee (sometimes
referred to as "within arm's reach")
Fourth Amendment Protection - CORRECT ANSWER - Officers must have probable
cause and a warrent signed by a judge. Once a warrent is recived, officers can only search in the
specified locations described in the warrent.
Reasonable expectation of privacy - CORRECT ANSWER - can exist almost anytime and
anyplaceas long as:
-individuals have indicated that they personally (subjectively) expect privacy in the object or
area,
-their expectation is one which society is prepared to recognize as legitimate
,Subjective expectation of privacy - CORRECT ANSWER - is a person's state of mind
demonstrated by affirmative action designed to protect their privacy (e.g., building a fence,
closing window shades, locking a compartment, etc.).
Curtilage - CORRECT ANSWER - Relatively small and usually well-defined area
immediately around a residence to which the private activities of the home extend, and in which
the owner has an expectation of privacy
Open fields - CORRECT ANSWER - Outdoor real property, outside the curtilage of the
residence
Over flights - CORRECT ANSWER - The flight of a plane or helicopter over a given area
Standing - CORRECT ANSWER - Exists only if a subject has a reasonable expectation of
privacy in the place or thing that is searched or seized. Generally established
by:OwnershipLawful possession AuthorityControl of the area searched or the property seized
The exclusionary rule - CORRECT ANSWER - If a court finds a search or seizure is not
reasonable and a persons fourth amendment rights have been violated by the government all
items seized during the search could be ruled inadmissible or excluded as evidence at trial. *fruit
of the poisonous tree
Probable cause to arrest - CORRECT ANSWER - Honest and strong belief that a crime
was committed and the person arrested committed that crime.
Nexus Rule - CORRECT ANSWER - Officers may seize items not listed in the warrant
when:the items are discovered while the officers are conducting a lawful search for the listed
evidence, andthey have probable cause to believe the item is contraband, evidence of criminal
behavior, or would otherwise aid in the apprehension or conviction of the criminal. *reasonable
connection or link between two or more items.
, Probable cause exception - CORRECT ANSWER - Warrantless vehicle search based on
probable cause that the vehicle contains contraband or evidence of a crime. Also referred as the
automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: - CORRECT
ANSWER - - the vehicle must have been lawfully stopped, or otherwise be lawfully
accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable
cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle - CORRECT ANSWER - Officers may search any part of a
motor vehicle or anything inside the vehicle as long as what they are searching for might
reasonably be located there. This includes but not limited to: the passenger compartments The
glove compartment The hoodThe trunkAny closed personal containers (including locked)
Vehicles code section 415 - CORRECT ANSWER - Self propelled. Ex:
automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - CORRECT ANSWER - Considered motor vehicle when it is being used on
a highway or if it is capable of such use and is located in a place not regularly used for residential
purposes.
Time of search for vehicles - CORRECT ANSWER - Does not have to happen
contemporaneously with the vehicle stop. Could occur later if the vehicle is being towed or
impounded.
Closed Containers - CORRECT ANSWER - Officers need probable cause to open and
search any closed, personal containers within the vehicle which might reasonably contain the
item (including locked)
Protective search of a vehicle - CORRECT ANSWER - Officer has reasonable belief
based on specific and articulable facts the occupant of vehicle stopped for a traffic violation is
dangerous and may gain immediate control of a weapon, officer may search those areas of a
vehicle's passenger compartment in which a weapon may be placed or hidden.
Questions and CORRECT Answers
Objective Reasonableness - CORRECT ANSWER - Whether society is prepared to
recognize an individual's expectation of privacy as reasonable
Probable cause to search - CORRECT ANSWER - Crime was committed or will be
committed, evidence exist, and located in the place to be searched.
Custodial lineup - CORRECT ANSWER - Identification procedure in which the victim or
witness to a crime is asked to look at a number of individuals within a custodial environment in
an attempt to identify the suspect.
Custodial lineup timing - CORRECT ANSWER - May take place any time after a crime
has been committed.
Scope of Search Incident to Arrest - CORRECT ANSWER - A search incident to a
custodial arrest may include:a full search of the arrestee's personcontainers on the arrestee's
personthe nearby physical area that was under the immediate control of the arrestee (sometimes
referred to as "within arm's reach")
Fourth Amendment Protection - CORRECT ANSWER - Officers must have probable
cause and a warrent signed by a judge. Once a warrent is recived, officers can only search in the
specified locations described in the warrent.
Reasonable expectation of privacy - CORRECT ANSWER - can exist almost anytime and
anyplaceas long as:
-individuals have indicated that they personally (subjectively) expect privacy in the object or
area,
-their expectation is one which society is prepared to recognize as legitimate
,Subjective expectation of privacy - CORRECT ANSWER - is a person's state of mind
demonstrated by affirmative action designed to protect their privacy (e.g., building a fence,
closing window shades, locking a compartment, etc.).
Curtilage - CORRECT ANSWER - Relatively small and usually well-defined area
immediately around a residence to which the private activities of the home extend, and in which
the owner has an expectation of privacy
Open fields - CORRECT ANSWER - Outdoor real property, outside the curtilage of the
residence
Over flights - CORRECT ANSWER - The flight of a plane or helicopter over a given area
Standing - CORRECT ANSWER - Exists only if a subject has a reasonable expectation of
privacy in the place or thing that is searched or seized. Generally established
by:OwnershipLawful possession AuthorityControl of the area searched or the property seized
The exclusionary rule - CORRECT ANSWER - If a court finds a search or seizure is not
reasonable and a persons fourth amendment rights have been violated by the government all
items seized during the search could be ruled inadmissible or excluded as evidence at trial. *fruit
of the poisonous tree
Probable cause to arrest - CORRECT ANSWER - Honest and strong belief that a crime
was committed and the person arrested committed that crime.
Nexus Rule - CORRECT ANSWER - Officers may seize items not listed in the warrant
when:the items are discovered while the officers are conducting a lawful search for the listed
evidence, andthey have probable cause to believe the item is contraband, evidence of criminal
behavior, or would otherwise aid in the apprehension or conviction of the criminal. *reasonable
connection or link between two or more items.
, Probable cause exception - CORRECT ANSWER - Warrantless vehicle search based on
probable cause that the vehicle contains contraband or evidence of a crime. Also referred as the
automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: - CORRECT
ANSWER - - the vehicle must have been lawfully stopped, or otherwise be lawfully
accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable
cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle - CORRECT ANSWER - Officers may search any part of a
motor vehicle or anything inside the vehicle as long as what they are searching for might
reasonably be located there. This includes but not limited to: the passenger compartments The
glove compartment The hoodThe trunkAny closed personal containers (including locked)
Vehicles code section 415 - CORRECT ANSWER - Self propelled. Ex:
automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - CORRECT ANSWER - Considered motor vehicle when it is being used on
a highway or if it is capable of such use and is located in a place not regularly used for residential
purposes.
Time of search for vehicles - CORRECT ANSWER - Does not have to happen
contemporaneously with the vehicle stop. Could occur later if the vehicle is being towed or
impounded.
Closed Containers - CORRECT ANSWER - Officers need probable cause to open and
search any closed, personal containers within the vehicle which might reasonably contain the
item (including locked)
Protective search of a vehicle - CORRECT ANSWER - Officer has reasonable belief
based on specific and articulable facts the occupant of vehicle stopped for a traffic violation is
dangerous and may gain immediate control of a weapon, officer may search those areas of a
vehicle's passenger compartment in which a weapon may be placed or hidden.
