Ld 15 Laws Of Arrest
LD 15 Laws of Arrest
- 1.
Which of the following Amendments to the U.S. Constitution providesprotection against unreasonable searches and seizures?
- A.
First Amendment
- B.
Fourth Amendment
- C.
Fifth Amendment
- D.
Sixth Amendment
Correct Answer
B. Fourth AmendmentExplanation
The Fourth Amendment to the U.S. Constitution provides protection against unreasonable searches and seizures. This amendment states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause. It ensures that individuals are protected from arbitrary invasions of their privacy by law enforcement agencies.Rate this question:
-
- 2.
A peace officer approached a man walking alone through a suburbanneighborhood at 3:00 a.m. The man agreed to talk to the officer, and theofficer used the man's license to check his identity. After a few minutes, theman stated he needed to go inside and get warrn. But, the officer kept theman's license for another five minutes and made small talk until a recordscheck was completed. This is an example of:
- A.
A consensual encounter.
- B.
A detention.
- C.
An arrest.
- D.
An illegal search.
Correct Answer
B. A detention.Explanation
The given scenario describes a situation where a peace officer approaches a man and initiates a conversation. The man voluntarily agrees to talk to the officer and provides his license for identity verification. However, when the man expresses his intention to go inside, the officer keeps his license for an additional five minutes and engages in small talk while conducting a records check. This indicates that the man's freedom of movement was restricted, as he was not allowed to leave during this time. Therefore, this situation can be categorized as a detention, where the person is temporarily held by the officer but not arrested.Rate this question:
-
- 3.
Uncooperative detainees may be handcuffed during a detention.
- A.
True, and this does not necessarily elevate the detention into an arrest.
- B.
False, and this action automatically elevates the detention into an arrest.
- C.
True, but placing them in a patrol vehicle will constitute an arrest.
Correct Answer
A. True, and this does not necessarily elevate the detention into an arrest.Explanation
When detainees are uncooperative, it may be necessary to handcuff them during a detention. However, this action alone does not automatically elevate the detention into an arrest. Handcuffing is a precautionary measure to ensure the safety of both the detainee and the law enforcement officers. It is a temporary restraint used to maintain control and prevent any potential harm or escape. The decision to arrest someone is based on various factors, such as the suspicion of a crime and the intention to formally charge the individual. Handcuffing alone does not signify an arrest but rather a means of maintaining control during a detention.Rate this question:
-
- 4.
What documentation provides authority for a private person arrest?
- A.
Penal Code Section 834
- B.
Penal Code Section 38
- C.
Case law
- D.
Civil Code Section 234
Correct Answer
A. Penal Code Section 834Explanation
Penal Code Section 834 provides the authority for a private person's arrest. This section outlines the circumstances under which a private individual can make an arrest, such as when a felony has been committed in their presence or when they have reasonable grounds to believe that the person being arrested has committed a felony. It also specifies the procedures that should be followed during the arrest. Therefore, this section is the relevant documentation that grants authority for a private person's arrest.Rate this question:
-
- 5.
What two circumstances must exist before Miranda wamings are required'l
- A.
Detention and general questioning
- B.
Custody and interrogation
- C.
Custody and general questioning
- D.
Detention and custody
Correct Answer
B. Custody and interrogationExplanation
Miranda warnings are required when an individual is in custody and being subjected to interrogation. Custody refers to being deprived of freedom of movement to a degree associated with formal arrest, while interrogation refers to questioning conducted by law enforcement officers that is likely to elicit an incriminating response. In these circumstances, Miranda warnings must be given to inform the individual of their rights, including the right to remain silent and the right to have an attorney present during questioning.Rate this question:
-
- 6.
Officers can inadvertently elevate a consensual encounter into a detention br:
- A.
Using emergency lights.
- B.
Using an accusatory tone of voice.
- C.
Taking any action that might make a person think he or she is nor free to leave. even if he or she is free to leave.
- D.
All of the above.
- E.
A) and c) only.
Correct Answer
D. All of the above.Explanation
Officers can inadvertently elevate a consensual encounter into a detention by using emergency lights, using an accusatory tone of voice, or taking any action that might make a person think he or she is not free to leave, even if he or she is free to leave. When officers engage in any of these actions, a reasonable person may perceive that they are not free to leave the situation, which turns the consensual encounter into a detention. Officers must be cautious in their interactions with the public to ensure they do not inadvertently violate an individual's rights.Rate this question:
-
- 7.
When arrested for possession with intent to sell methamphetamine, the manbegins to struggle to escape. As the officer handcuffs him, the man tries to pullaway with such force that he injures his shoulder.
- A.
The force used by the officers is excessive since the man was injured.
- B.
The force used was reasonable and is authorized to prevent an escape.
- C.
The force used was reasonable, although force is authorized only to ensure safety of the peace officer or other parties.
- D.
The force used was unreasonable since officer safety was not in jeopardy.
Correct Answer
B. The force used was reasonable and is authorized to prevent an escape.Explanation
The force used by the officers is considered reasonable and authorized to prevent an escape. The man was arrested for a serious offense, possession with intent to sell methamphetamine, and began to struggle to escape. In such situations, it is necessary for law enforcement officers to use force in order to maintain control and prevent the suspect from fleeing. The fact that the man injured his shoulder while resisting arrest does not automatically make the force excessive, as the officers were acting within their authority to ensure the safety of themselves and others.Rate this question:
-
- 8.
The Miranda right to counsel can be invoked
- A.
By express request.
- B.
Implicitly by the person's inaction.
- C.
Automatically by invoking the right to remain silent.
- D.
By all of the above.
Correct Answer
A. By express request.Explanation
The Miranda right to counsel can be invoked by express request, meaning that a person explicitly asks for an attorney to be present during questioning. This ensures that the individual is aware of their right to legal representation and actively chooses to exercise it. Implicit invocation through inaction or automatically invoking the right to remain silent are not valid ways to invoke the right to counsel. Therefore, the correct answer is by express request.Rate this question:
-
- 9.
Which of the following individuals cannot be arrested due to exemptions incase and statutory law?
- A.
A consular officer with full diplomatic immunity
- B.
A diplomatic officer with full diplomatic immunity
- C.
A diplomatic officer with partial diplomatic immunity
- D.
A) and b) only
- E.
B) and c) only
Correct Answer
D. A) and b) onlyExplanation
Consular officers with full diplomatic immunity and diplomatic officers with full diplomatic immunity cannot be arrested due to exemptions in case and statutory law. This is because diplomatic immunity grants them protection from prosecution and arrest in the host country. However, a diplomatic officer with partial diplomatic immunity may still be subject to arrest under certain circumstances, as their immunity is limited. Therefore, options a) and b) are the correct answers as they include individuals who cannot be arrested due to their full diplomatic immunity.Rate this question:
-
- 10.
What distinguishes an arrest from a detention?
- A.
Length of time
- B.
Custody
- C.
Restraint, such as handcuffs
- D.
Nothing, the terms are interchangeable
Correct Answer
B. CustodyExplanation
An arrest and a detention differ in terms of custody. An arrest involves taking someone into custody for a suspected crime, while a detention refers to temporarily holding someone for questioning or investigation without necessarily arresting them. In an arrest, the person is formally taken into custody, whereas in a detention, the person's movement may be restricted temporarily, but they are not necessarily considered to be in custody.Rate this question:
-
- 11.
An officer can make a u'arrantless arrest under whiclr of the followingcircumstances?
- A.
The officer lt has probable cause to believe the person has committed a misdemeanor outside of the officer's presence.
- B.
A felony was committed, though not in the officer's presence.
- C.
A felony or misdemeanor is committed in the officer's presence.
- D.
A) and c) only.
- E.
B) and c) only.
Correct Answer
E. B) and c) only.Explanation
An officer can make a warrantless arrest under the circumstances mentioned in options b) and c) only. Option b) states that a felony was committed, even if not in the officer's presence, which allows for a warrantless arrest. Option c) states that a felony or misdemeanor is committed in the officer's presence, which also allows for a warrantless arrest. Option a) is incorrect because it only mentions a misdemeanor committed outside of the officer's presence, which does not provide grounds for a warrantless arrest.Rate this question:
-
- 12.
Peace officers are in hot pursuit ofa kidnapping suspect who enters a privateresidence. The officers:
- A.
Should provide "knock and notice" since the suspect may not be the owner of the home.
- B.
May enter without "knock and notice," due to the exigencies.
- C.
Must provide expedited "knock and notice," identifying themselves and demanding entry, but they do not need to wait.
Correct Answer
B. May enter without "knock and notice," due to the exigencies.Explanation
The correct answer is that the officers may enter without "knock and notice" due to the exigencies. This means that in a situation where there is an immediate need or urgency, such as a kidnapping suspect entering a private residence, the officers are allowed to enter without giving prior notice or knocking. The exigencies of the situation justify this action as it may be necessary to quickly apprehend the suspect and ensure the safety of any potential victims.Rate this question:
-
- 13.
A person, after acknowledging her Miranda rights, agrees to answer questions,but only if asked by a specific officer. This is an example of:
- A.
An express waiver.
- B.
An implied waiver.
- C.
A conditional waiver.
- D.
An invalid waiver.
Correct Answer
C. A conditional waiver.Explanation
A conditional waiver refers to the situation where a person agrees to answer questions but only under specific conditions. In this case, the person has acknowledged their Miranda rights and is willing to answer questions, but only if asked by a specific officer. This means that the person is placing a condition on their willingness to cooperate, making it a conditional waiver.Rate this question:
-
- 14.
According to U.S. Code, Title 18, Section 21l,how many people are requiredto constitute a conspiracy?
- A.
One or more
- B.
Two or more
- C.
Three or more
- D.
No number is stipulated in the legislation
Correct Answer
B. Two or moreExplanation
According to U.S. Code, Title 18, Section 21l, a conspiracy requires the involvement of two or more people. This means that for a conspiracy to exist, there must be at least two individuals who are working together to commit a crime or illegal act. The legislation does not stipulate a specific number beyond two, but it does require the involvement of more than one person for a conspiracy to be formed.Rate this question:
-
- 15.
A cursory/frisk search during a detention is limited to:
- A.
A search for weapons.
- B.
A search of outer clothing.
- C.
Manipulation of soft packages (non-weapons) without opening them.
- D.
All of the above.
- E.
A) and b)only.
Correct Answer
E. A) and b)only.Explanation
IF ITS SCARY, TERRY!Rate this question:
-
- 16.
The Sixth Amendment to the U.S. Constitution guarantees the right to:
- A.
A speedy trial.
- B.
Confront witnesses against oneself.
- C.
All of the above
- D.
Assistance of counsel during criminal court proceedings.
Correct Answer
C. All of the aboveExplanation
The Sixth Amendment to the U.S. Constitution guarantees multiple rights, including the right to a speedy trial, the right to confront witnesses against oneself, and the right to assistance of counsel during criminal court proceedings. These rights are considered fundamental to ensuring a fair and just trial for individuals accused of crimes.Rate this question:
-
- 17.
Within what period of time must a person arrested without a warranl be given ajudicial determination of probable cause?
- A.
48 hours excluding weekends and holidays
- B.
24 hours excluding weekends and holidays
- C.
48 hours including weekends and holidays
- D.
24 hours including weekends and holidays
Correct Answer
C. 48 hours including weekends and holidaysExplanation
A person arrested without a warrant must be given a judicial determination of probable cause within 48 hours, including weekends and holidays. This means that the person cannot be held in custody for more than 48 hours before being brought before a judge or magistrate to determine if there is enough evidence to support the arrest. This time frame includes weekends and holidays, ensuring that individuals are not unlawfully detained for an extended period without a proper judicial review.Rate this question:
-
- 18.
Peace officers must provide Miranda wamings to individuals about to undergocustodial interrogation in order to protect their:
- A.
Fifth Amendment right to free speech.
- B.
First Amendment right to free speech.
- C.
Fifth Amendment right against self-incrimination.
- D.
First Amendment right against self-incrimination.
Correct Answer
C. Fifth Amendment right against self-incrimination.Explanation
Peace officers must provide Miranda warnings to individuals about to undergo custodial interrogation in order to protect their Fifth Amendment right against self-incrimination. The Fifth Amendment protects individuals from being compelled to incriminate themselves, and the Miranda warnings inform individuals of their right to remain silent and that anything they say can be used against them in court. By providing these warnings, peace officers ensure that individuals are aware of their rights and can make an informed decision about whether or not to speak during the interrogation.Rate this question:
-
- 19.
A peace officer places a person under arrest and reads the four Mirandawarnings from the pocket card. The person fails to respond when asked if sheunderstands, however, she begins to volunteer information when the officer isdone reading.
- A.
Miranda is complete, her conduct indicates implied waiver.
- B.
Miranda is not complete, and these volunteered statements will not be admissible.
- C.
Miranda is not complete, but these volunteered statements will be admissible.
- D.
Both b) and c) are true.
Correct Answer
C. Miranda is not complete, but these volunteered statements will be admissible.Explanation
In this scenario, the person fails to respond when asked if she understands the Miranda warnings. This indicates that Miranda is not complete because the person did not acknowledge understanding. However, the person begins to volunteer information after the officer is done reading. Even though Miranda is not complete, the volunteered statements will still be admissible because the person chose to provide information willingly without being coerced or prompted by the officer.Rate this question:
-
- 20.
Which of the actions below is considered appropriate for a peace officer to takeduring the detention of a robbery suspect?
- A.
Asking questions about identity and conduct
- B.
Cursory/frisk search of outer clothing
- C.
Bringing victim to suspect for identification
- D.
All of the above
- E.
A) and b) only
Correct Answer
D. All of the aboveExplanation
During the detention of a robbery suspect, it is considered appropriate for a peace officer to take the actions mentioned in options a, b, and c. Asking questions about identity and conduct helps in gathering information and establishing the suspect's involvement. A cursory/frisk search of the outer clothing is conducted to ensure the officer's safety and to potentially find any evidence related to the crime. Bringing the victim to the suspect for identification can help in confirming the suspect's involvement and strengthening the case. Therefore, all of the above actions are appropriate for a peace officer to take during the detention of a robbery suspect.Rate this question:
-
- 21.
To be valid, an arrest warrant must contain which of the following:
- A.
Name of the defendant.
- B.
Amount of bail.
- C.
Crime defendant is suspected of committing.
- D.
Signature and title of issuing authority.
- E.
All of the above.
Correct Answer
E. All of the above.Explanation
An arrest warrant must contain all of the above elements in order to be valid. The name of the defendant is necessary to identify the person who is being arrested. The amount of bail is important as it determines the monetary conditions for the defendant's release. The crime that the defendant is suspected of committing must be specified in the warrant to provide legal grounds for the arrest. Finally, the signature and title of the issuing authority are required to authenticate the warrant and indicate its legal validity.Rate this question:
-
- 22.
If a consensual encounter is inadvertently elevated into a detention, the peaceofficer could:
- A.
Be held civilly liable.
- B.
Be criminally prosecuted for false imprisonment.
- C.
Face departmental disciplinary action.
- D.
All of the above.
- E.
A) and c) only.
Correct Answer
D. All of the above.Explanation
If a consensual encounter is inadvertently elevated into a detention, the peace officer could be held civilly liable because they would have violated the individual's rights. Additionally, they could be criminally prosecuted for false imprisonment as they unlawfully detained the person. Lastly, they could face departmental disciplinary action for mishandling the situation and not following proper protocols. Therefore, the correct answer is "all of the above."Rate this question:
-
- 23.
A non-uniformed peace officer shows identification to indicate her authority.then tells the person that he is under arrest. She proceeds to place hint in apatrol vehicle and drive him to the station.
- A.
All required information was given to the person at the time of arrest.
- B.
The officer failed to provide the person with cause for arrest.
- C.
The officer failed to provide the person with a statement of her authority.
- D.
The officer failed to read the Miranda rights, as required, at the time of arrest
Correct Answer
B. The officer failed to provide the person with cause for arrest.Explanation
The correct answer is that the officer failed to provide the person with cause for arrest. This means that the officer did not explain to the person why they were being arrested. It is important for an officer to provide a valid reason for the arrest to ensure that the person understands the charges against them and to protect their rights.Rate this question:
-
- 24.
At the scene of an accident, a peace of'ficer is taking identification and personalinformation from a witness who is willingly waiting beside his car. This rs anexample of:
- A.
An arrest.
- B.
A detention.
- C.
A consensual encounter
- D.
A legal search.
Correct Answer
C. A consensual encounterExplanation
This situation is an example of a consensual encounter because the witness is willingly waiting beside his car and voluntarily providing identification and personal information to the peace officer. In a consensual encounter, there is no arrest or detention, and the individual is free to leave at any time. Additionally, there is no mention of a legal search taking place in this scenario.Rate this question:
-
- 25.
Which amendment to the U.S. Constitution requires a peace officer to apply thelaw equally to all people regardless of race, creed, nationality, religion, ornational origin?
- A.
Fifth Amendment
- B.
Sixth Amendment
- C.
Fourteenth Amendment
- D.
None of the above
Correct Answer
C. Fourteenth AmendmentExplanation
The Fourteenth Amendment to the U.S. Constitution requires a peace officer to apply the law equally to all people regardless of race, creed, nationality, religion, or national origin. This amendment, ratified in 1868, includes the Equal Protection Clause which prohibits states from denying any person within their jurisdiction equal protection under the law. It was enacted to ensure that all individuals are treated fairly and equally by the government, including law enforcement officers.Rate this question:
-
- 26.
The elements of a lawful arrest require that the:
- A.
Person actually be restrained.
- B.
Person submit to control.
- C.
Arrest be made by a peace officer only.
- D.
A) and b) only.
- E.
B) and c) only.
Correct Answer
D. A) and b) only.Explanation
The elements of a lawful arrest require that the person actually be restrained and that the person submit to control. This means that physical restraint must be used to detain the person, and the person must willingly comply with the arrest and not resist or attempt to escape. The requirement of the arrest being made by a peace officer only is not necessary for a lawful arrest, as private citizens can also make lawful arrests under certain circumstances.Rate this question:
-
- 27.
Officers respond to a report of "shots fired" in a residential neighborhood at2:30 a.m. They find a victim and his vehicle severely shot up by a shotgun, aswell as the blood-splattered suspect. They arrest the suspect, but they do notfind the weapon. In this situation which statement is correct?
- A.
No Miranda warnings are necessary before asking the suspect where the shotgun is due to the "public safety" exception.
- B.
Miranda warnings are always necessary before interrogating a suspect in custody.
- C.
Questions about the weapon would not constitute interrogation.
Correct Answer
A. No Miranda warnings are necessary before asking the suspect where the shotgun is due to the "public safety" exception.Explanation
In this situation, the correct statement is that no Miranda warnings are necessary before asking the suspect where the shotgun is due to the "public safety" exception. This exception allows law enforcement to ask questions aimed at protecting the public from immediate danger without providing Miranda warnings. Since the officers are responding to a report of shots fired and the suspect is found with blood splatters, it can be argued that locating the shotgun is crucial for public safety. Therefore, the officers can ask the suspect about the weapon without providing Miranda warnings.Rate this question:
-
- 28.
Once a person invokes the Miranda right to remain silent:
- A.
Interrogation must cease and cannot resume under any circumstances.
- B.
It becomes effective only if expressly invoked; an implied invocation is not sufficient.
- C.
Interrogation must cease, but officers may be able to try again after a period of time under certain circumstances.
- D.
A) and b) only.
Correct Answer
C. Interrogation must cease, but officers may be able to try again after a period of time under certain circumstances.Explanation
Once a person invokes the Miranda right to remain silent, interrogation must cease, but officers may be able to try again after a period of time under certain circumstances. This means that when a person explicitly states that they want to remain silent, the police must stop questioning them. However, if there is a significant amount of time that has passed, or if the person initiates the conversation again, officers may have the opportunity to resume the interrogation. This ensures that the person's right to remain silent is respected, but also allows for the possibility of further questioning in certain situations.Rate this question:
-
- 29.
A set of facts that would cause a person of ordinary care and prudence toentertain an honest and strong belief that the person to be arrested is guilty of acrime is called:
- A.
Probable cause.
- B.
Reasonable suspicion.
- C.
Ramey warrant.
- D.
Either a) or b).
Correct Answer
A. Probable cause.Explanation
Probable cause refers to a set of facts that would lead a reasonable person to believe that a crime has been committed and the person to be arrested is guilty. It requires more than just a suspicion or hunch, but rather a strong and honest belief based on objective evidence. Reasonable suspicion, on the other hand, is a lower standard that only requires a minimal level of evidence to justify a brief detention or investigative stop. A Ramey warrant is a type of arrest warrant issued by a judge based on a law enforcement officer's sworn statement establishing probable cause. Therefore, the correct answer is probable cause.Rate this question:
-
- 30.
Reasonable suspicion to justify a detention is defined as:
- A.
Enough facts and circumstances to make it reasonable to strongly believe the person is guilty of a crime.
- B.
Enough facts and circumstances to make it reasonable for an average person to suspect criminal activity.
- C.
Enough facts and circumstances to make it reasonable for a peace officer to suspect that the person may be involved in criminal activity.
- D.
A hunch or instinct based on training and experience.
Correct Answer
C. Enough facts and circumstances to make it reasonable for a peace officer to suspect that the person may be involved in criminal activity.Explanation
The correct answer is "enough facts and circumstances to make it reasonable for a peace officer to suspect that the person may be involved in criminal activity." Reasonable suspicion is a legal standard that allows a peace officer to detain a person if they have enough objective facts and circumstances to believe that the person may be involved in criminal activity. This standard is lower than probable cause, but still requires more than just a hunch or instinct. It must be based on specific and articulable facts that would lead a reasonable person to suspect criminal activity.Rate this question:
-
Quiz Review Timeline +
Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.
-
Current Version
-
Apr 05, 2024Quiz Edited by
ProProfs Editorial Team -
Sep 16, 2009Quiz Created by
Joe Aguirre
Back to top