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
- 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.
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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
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