Drury Law Enforcement Academy Test 2 Practice

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• Which amendment is commonly associated with due process and equal protection in state actions?
• Under which condition should an officer conclude that a suspect has NOT waived his Miranda rights?
• Which statement best describes a quick, protective sweep?
• The use-of-force continuum describes what?
• The search of a prison cell ordered by the superintendent after information from an inmate that a prisoner is concealing marijuana resulted in a quarter ounce of marijuana being recovered. The search was legal by the prison officials?
• Without other probable cause, the interior passenger compartment of a motor vehicle cannot be searched incident to arrest if the driver has been arrested for a crime while driving that motor vehicle.
• The prosecutor must present some evidence of the corpus delicti before a confession will be admitted into evidence.
• The first major provision of the Fourth Amendment to the U.S. Constitution requires that all searches and seizures of a person and/or his belongings must be reasonable.
• Distinguish an interview from an interrogation.
• Under the Motor Vehicle Exception, the officer may search every part of the vehicle and it's contents, which might conceal the object of the search.
• In order to arrest a person in a public place, an officer does not need to have probable cause nor an arrest warrant to effect the arrest.
• What is the exclusionary rule?
• If seven numbers sum to 175, what is their average?
• Chimel Circle area is the area within the arrested person's immediate control and can be searched incident to arrest.
• In Missouri, signing a judge's name to a search warrant by phone is not permitted, even if the judge's standards are met.
• A plain view seizure may be valid if the item is readily apparent as contraband.
• What are ethical standards for police professionalism?
• Which statement about admissible evidence is correct?
• A juvenile has been certified in an adult court for one crime. This same juvenile then commits a new and different felony, He/she must be treated as a juvenile for this new crime.
• Unless the officer leaves due to a bona-fide emergency, a new warrant should be obtained when officers leave the scene during the execution of a warrant, prior to re-entering the premises.
• Under Miranda, interrogation occurs only when a suspect is questioned under oath.
• It is lawful for an officer to order occupants of a vehicle out of the vehicle for officer safety.
• What is DNA evidence and how is it collected?
• Seven numbers are 5, 7, 9, 11, 13, 15, 17. What is the average?
• The purpose of the Miranda warnings is to inform a suspect of their rights, including the right to remain silent and the right to counsel.
• If the driver of a motor vehicle has been arrested, all of the passengers in the motor vehicle can be searched also as part of the search incident to arrest.
• Seven numbers are 2, 4, 6, 8, 10, 12, 14. What is their average?
• The Exclusionary Rule is the remedy for violations of Fourth, Fifth, and Sixth Amendment rights.
• The statement about the Fourth Amendment's reasonableness is that searches and seizures must be reasonable in scope and manner.
• When interrogating a 17-year-old, it is recommended to take special precautions beyond the Miranda requirements.
• Compensatory damages are designed to punish the person who caused the damage so they would be discouraged from doing it again.
• Name two common exceptions to the hearsay rule.
• If you have probable cause to arrest a suspect who is inside a residence and entry would require a warrant, what is the proper action?
• When an inmate arranges outpatient surgery, the inmate is responsible for the charges.
• To help avoid a potential lawsuit for excessive force, what is a key protective practice?
• Which option is an SFST measure?
• In what situations may valid consent to search be given?
• Open fields can be searched because there is no reasonable expectation of privacy and therefore do not fall under the protection of the 4th Amendment.
• Which of the following best defines probable cause for arrest or search?
• If an officer is peering through an open doorway from a location the officer is legally allowed to occupy, this satisfies the plain view requirement.
• What is a search incident to arrest (SITA) and its limits after Arizona v. Gant?
• Prison officials received information from an inmate that another prisoner is concealing marijuana in his cell's toilet. Accordingly, the superintendent at the facility orders a search of the cell and a quarter ounce of the substance was recovered. The search was legal by the prison officials?
• The described inventory search after non-cooperation was improper.
• The only legal restriction for obtaining physical evidence from an arrested person is that the method:
• Seven numbers are 1, 2, 3, 4, 5, 6, 7. What is the average?
• The United States Supreme Court has held that a closed container, located in a motor vehicle, which would hold evidence may be searched without a warrant as long as probable cause exists.
• The frisk is designed primarily to locate weapons to ensure officer safety.
• You detain a woman you suspect of burglaries. You tell her she is not under arrest, but you want her to come to Headquarters with you to continue the conversation. She refuses. You reassure her she will be safe and is not under arrest. You then require her to come with you in your patrol car. You do not handcuff her. Once at headquarters, you continue your conversation. What type of seizure (if any) has taken place?
• What should be included in a scene safety briefing at the start of an assignment?
• The Motor Vehicle Exception allows the search of a motor vehicle without a search warrant, so long as probable cause exists and the vehicle is mobile or capable of being moved.
• What is the vehicle exception to the warrant requirement?
• What does concurrence mean in criminal liability?
• Which of the following is a core ethical standard for police professionalism?
• In what situations may exigent circumstances justify a warrantless search?
• Consent to search must be voluntary and given without coercion.
• When a juvenile has been detained in Juvenile Detention, the reports regarding this detention have to be delivered to the Juvenile Court within:
• The plain view doctrine applies during a protective sweep.
• What describes DNA evidence and its collection?
• Under which circumstance would a police officer's evidence come under its closest legal scrutiny?
• Moving a cereal box to reveal hidden marijuana which could not otherwise be seen is considered a search and possibly requiring a search warrant.
• Which term refers to the guilty act in criminal liability?
• Seven items have costs that total 210. What is the average cost per item?
• Which statement about probable cause to search is accurate?
• An officer should take special precautions beyond the Miranda requirements when interrogating a 17-year-old who is inexperienced with the police.
• Interrogation, within the meaning of Miranda, occurs when an officer asks questions that are designed to elicit a self-incriminating response.
• What is required for a search warrant to be valid?
• By statute in Missouri a search warrant remains valid up to _____ days.
• Which statement best describes direct evidence vs circumstantial evidence?
• If seven numbers have a total sum of 350, what is their average?
• What is the average of the numbers 4, 8, 12, 16, 20, 24, and 28?
• In dealing with juveniles, the best option is to always use the formal court referral option so the problem the juvenile is having will be adequately documented and this process will correct the behavior of the juvenile in the quickest amount of time.
• Actus reus differs from mens rea in that actus reus refers to the guilty act.
• A suspect's rights under what amendment to the U.S. Constitution are protected by the Miranda decision?
• Which statement best describes the defense of premises?
• A set of seven test scores is 70, 75, 80, 85, 90, 95, 100. What is the average score?
• The statement 'You're going to anyway' in response to a request to search a house is:
• Which amendment addresses the relationship between the Federal and State governments and citizenship status?
• In the scenario described, John's continued punching after Tom had fallen and tried to run away is:
• What is chain of custody?
• Seven numbers are 5, 5, 5, 5, 5, 5, 75. What is their average?
• What is the difference between relevance and admissibility in evidence?
• What is the open fields doctrine and how does it differ from curtilage protection?
• The burden of proof that all of the provisions of the Miranda decision were complied with in order to admit a confession in court lies with the:
• What is hearsay in the context of evidence?
• Abandoned personal property discovered in trash in a non-curtilage area is considered abandoned.
• A written waiver of Miranda rights, while not necessary, is desirable because it is more difficult for the suspect to deny than a verbal waiver.
• "Curtilage" is defined as the grounds and buildings immediately surrounding a house or other living space which are commonly used for family and/or other home life activities.
• Which factors are common eyewitness identification concerns?
• Under post-Arizona v. Gant, which statement best describes the scope of vehicle searches incident to arrest?
• A written waiver of Miranda rights is desirable because it is more difficult for the suspect to deny than a verbal waiver.
• Which is NOT a recommended practice in an investigative interview?
• Under Graham v. Connor, which factor is considered when evaluating reasonableness?
• Which statement is not a valid purpose of the chain of custody?
• An arrest warrant is a written order from which of the following?
• What is the proper method for photographing a crime scene?
• A motion to suppress is a request by the defense to the judge for a hearing to eliminate evidence from trial on the belief that it was obtained or handled unlawfully.
• If a suspect is somewhat intoxicated but able to understand his rights, the statement would be inadmissible.
• Which standard generally governs an arrest in a public place?
• Which of the following is NOT a de-escalation technique?
• What is a protective order and how may an officer enforce it?
• By statute, a search warrant remains valid up to 10 days, after which a new warrant should be obtained.
• Under the motor vehicle exception, the search can extend to any part of the vehicle and its contents.
• The Exclusionary Rule is the remedy for violations of rights under which amendments?
• Although not always necessary, obtaining a warrant generally makes a case stronger.
• Open fields can be searched because there is "no reasonable expectation of privacy" and therefore do not fall under the protection of the 4th Amendment.
• What is the Carroll doctrine and when does it apply?
• Which item is NOT considered a basic crime scene processing step?
• If consent to search is given, the officer may search without any further justification.
• Who must be present to read the rights to a juvenile prior to interrogation?
• In Missouri, an officer may sign a judge's name to a search warrant after contacting the judge by phone and meeting the same standards as in person.
• What is curtilage and why is it protected?
• What does field sobriety testing measure?
• What are common eyewitness identification concerns?
• Consent to search must be freely and voluntarily given.
• In a criminal trial, what is the standard of proof required to obtain a guilty verdict?
• In a lawful home disturbance scenario, if you see five car stereos on a table and you pick one up to read its serial number to determine if it is stolen, this would be a lawful plain view seizure.
• An arrest is a physical seizure of a citizen/suspect who is not free to leave and is subject to full search incidental to arrest.
• Which statement best describes the Fourth Amendment?
• Personal property can be assumed abandoned if it is in the trash in a non-curtilage area.
• If a suspect requests counsel, what must the officers do, and when may interrogation resume?
• The Grand Jury's responsibility in the criminal process is to decide whether to bring criminal charges or an indictment against a potential defendant.
• The Fourth Amendment to the U.S. Constitution provides:
• What is a Terry stop?
• Which statement is true about valid consent to search?
• What is the primary purpose of compensatory damages in tort law?
• A confession may be obtained by threats of force, but not by actual physical force.
• Under what circumstances do Miranda warnings apply?
• Which factor is aimed at reducing excessive force lawsuits, based on standard practice?
• Which practice improves identification reliability?
• How does probable cause differ from reasonable suspicion?
• Circumstantial evidence is evidence which directly proves a fact in issue.
• What is fruit of the poisonous tree doctrine?
• An ambiguous response to a "knock and announce" during the execution of a warrant should be treated the same as
• What is the purpose of fingerprint analysis in investigations?
• Under Graham v. Connor, which element influences reasonableness?
• Which statement best describes the primary purpose of the Miranda warning?
• Under the Fourth Amendment, private citizens are bound by the same rules and restrictions as a police officer.
• Once an affidavit is validated by a judge, it can no longer be challenged for admissibility in court because the officer is acting on assumed legality.
• Define probable cause for arrest or search.
• Under the Fourth Amendment, detaining a person during questioning constitutes a seizure.
• If a suspect has invoked the right to counsel during questioning on one charge, may investigators re-contact him later to question about a different charge while he remains jailed?
• Which statement about privilege is correct?
• A prisoner has freedom from unreasonable / arbitrary searches or seizures of person and effects.
• Police officers should be familiar with juvenile law.
• Which method correctly computes the average of seven numbers?
• When is the right to counsel under Miranda invoked?
• What are basic crime scene processing steps?
• Privileged relationships apply only where one party is in an adversarial role.
• A protective sweep is limited to areas where a person might be hiding.
• What is a protective sweep and when is it permissible?
• Which term denotes the guilty mental state or intent?
• During a frisk you feel an object in the front pants pocket not a weapon; you manipulate it and retrieve drugs. This evidence would be submitted in court under the plain feel exception.
• Which party bears the burden of proving that Miranda protections were followed to admit a confession?
• Which identification method uses sequential presentation?
• Inventory search of impounded vehicles requires lawful custody and a written department policy outlining procedures.
• Which component is essential when photographing a crime scene to aid later analysis?
• Which statement correctly describes chain of custody?
• A suspect is somewhat intoxicated but is able to understand his rights and is able to correctly answer questions about them. This suspect may be interviewed and his statement would be admissible with respect to the Miranda decision.
• What is the open fields doctrine regarding Fourth Amendment protections?
• When handling a domestic violence call, what is the recommended approach?
• The United States Supreme Court's 'stop and clarify' approach to an ambiguous request for counsel is:
• The 14th Amendment addresses the relationship between the Federal and State governments, and states that citizenship is rooted in the Federal government first.
• What is the average of the four numbers 9, 12, 15, and 18?
• You arrest a suspect for a drug violation. He is sitting in a living room chair. You see drugs on top of the big screen television near the exit door, but across the room. You should:
• You are investigating a misdemeanor assault between two neighbors. You speak with Matt who says he was pushed by Darren and wants to pursue charges. Independent witnesses confirm what Matt has told you. You walk over to Darren's house to speak with him. You have probable cause to arrest Darren for the assault. You notice the front door is wide open. While standing on the porch you see a man sitting on the couch who says his name is Darren. He admits he pushed Matt. When you ask him to come outside he refuses. You ask to come in and he refuses. Your next action would be:
• What is the difference between a lineup and a photo array?
• What is the difference between probable cause to arrest and probable cause to search?
• How are latent fingerprints collected and preserved?
• What is causation in criminal law?
• Which condition is correct regarding roadblocks and potential excessive use of force?
• Which statement about an average is correct?
• During a lawful traffic stop, the officer may request the driver's license, registration, and proof of insurance.
• When is a Miranda warning required?
• Once a defendant has appeared in court you may ask him if he wants to waive his right to an attorney only if:
• During a post Miranda interview, when the suspect states that he does not want to answer a question about his accomplice, what should you do?
• What is the purpose of a police incident report?
• A frisk is a quick pat-down of outer clothing to determine if a person is armed.
• The material indicates that always using formal court referrals as the first response for juveniles is the best option.
• Define reasonable suspicion.
• What step comes after building rapport in an investigative interview?
• Chimel Circle area is within the arrested person's immediate control.
• A government actor who violates a civil right in the course of official duties would face which type of tort?
• An officer would be sued for 'negligent tort' if he intentionally deprives someone of their civil rights.
• If a law enforcement officer has a felony arrest warrant for a suspect and believes the suspect is in a residence that belongs to a third party, what action should the officer take to effect the arrest?
• The plain view doctrine does not apply when you are doing a protective sweep.
• Which of the following is NOT a best practice for identification reliability?
• What is the difference between a warrantless search and a search warrant?
• When consent to search is revoked, the search must cease immediately.
• The scope of a frisk is limited to checking for weapons for officer safety.
• An inmate has developed carpal tunnel syndrome from activities unrelated to his incarceration, while awaiting trial for burglary charges. He contacts a surgeon in Greene County who agrees to perform the operation on an out-patient basis for 3,000 dollars. The inmate (not the jail) is responsible for the charges for this operation.
• Which statement about the Fourth Amendment is accurate?
• The Fourth Amendment protects from unreasonable searches and seizures by the government.
• Which statement about a privilege is correct?
• One way to prove the reliability of a criminal informant is for the officer to show the informant had previously provided reliable information.
• The examination of a person or area in order to discover evidence, contraband or weapons defines which term?
• Which statement best defines probable cause to arrest?
• During burglary interrogation, the suspect exercises his right to counsel; two days later you wish to question him about homicide. May you re-contact him if he has not been before the court on burglary?
• For a frisk to be legal, there must be a lawful stop or contact and a weapon must be seen by the officer.
• What is the good-faith exception to the exclusionary rule?
• Which item is NOT listed as information to be reported to the juvenile officer when a juvenile is taken into custody?
• Wolff v. McDonnel 1974 is the landmark case that stated although prisoner's constitutional rights were lessened upon conviction, no iron curtain may be drawn between the Constitution and prisoners in this country.
• For a seizure under the Plain View Doctrine, which conditions must be satisfied?
• A roadblock which is not clearly visible or which does not allow adequate distance to stop could be determined to be excessive use of force.
• An ambiguous knock-and-announce response should be treated as Silence.
• The material suggests that relying solely on formal court referrals will correct juvenile behavior quickly.
• What is the purpose of the 6th Amendment right to counsel in interrogations?
• The rights read to a juvenile prior to in-custody interrogation are the same as those of an adult except:
• You arrest the driver of a car for a misdemeanor warrant. In general, you can search the trunk of the car based on the search incident to arrest exception.
• What is a Miranda warning and when is it required?
• What happens next in the criminal process after a crime occurs and probable cause for an arrest is developed?
• A police officer may use deadly force in self-defense or defense of another person when he reasonably believes that he or the other person is in imminent danger of death, serious physical injury, rape, sodomy, or kidnapping. This statement is:
• What does the plain view doctrine permit?
• If an officer knowingly makes an unlawful arrest, he/she may be held liable both criminally and civilly.
• The motor vehicle exception requires which combination for it to apply?
• Inventory searches are conducted when a vehicle is impounded.
• Which description correctly defines the average of a data set?
• Observation of a small baggie of marijuana in the center console during approach gives you probable cause to search.
• What is the average of the seven numbers 10, 20, 30, 40, 50, 60, 70?
• In criminal causation, which statement is correct?
• A person is justified in using non-deadly force in defense of premises in which he is lawfully present, or in possession or control, to prevent or terminate an unlawful intrusion on the premises. This statement is:
• When a juvenile has been taken into custody, the information that must be reported to the juvenile officer includes the juvenile's name, address and the reason for taking the juvenile into custody.
• To find the average of seven numbers, which operation is applied to the total sum?
• What are the key safety steps during a traffic stop for the officer?
• Under what condition may a police officer use deadly force?
• During a consensual encounter, after the person refuses consent to search and you frisk and find drugs, the frisk was: