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NC BLET ARREST, SEARCH
AND SEIZURE
- What is the legal definition of an arrest? A. A casual stop to question a suspect B. A temporary detention for investigation C. The taking of a person into custody by legal authority D. Any encounter initiated by law enforcement Answer: C Rationale: An arrest occurs when an officer takes a person into custody under legal authority for a criminal offense.
- Which amendment to the U.S. Constitution protects against unreasonable searches and seizures? A. First B. Fourth C. Fifth D. Sixth Answer: B Rationale: The Fourth Amendment protects individuals from unreasonable searches and seizures and requires probable cause for warrants.
- What is required to obtain a search warrant in North Carolina? A. Mere suspicion B. Reasonable suspicion C. Probable cause D. Officer's belief Answer: C Rationale: Probable cause is required for a magistrate or judge to issue a search warrant.
- What is the exclusionary rule? A. It excludes non-criminal evidence B. It prohibits the use of illegally obtained evidence in court C. It allows any evidence in a felony trial D. It excludes hearsay from court Answer: B Rationale: The exclusionary rule prevents the use of evidence obtained in violation of the Constitution.
B. Terry v. Ohio C. Mapp v. Ohio D. Illinois v. Gates Answer: B Rationale: Terry v. Ohio (1968) allows officers to stop and frisk individuals with reasonable suspicion.
- What is required for an officer to frisk a suspect during a Terry stop? A. Probable cause the person is dangerous B. Reasonable suspicion the person is armed and dangerous C. Consent from the individual D. A search warrant Answer: B Rationale: A frisk is limited to outer clothing and requires reasonable suspicion the person is armed.
- Can an officer search a vehicle incident to arrest if the arrestee is secured and cannot access the vehicle? A. Yes, always B. No, never C. Only if the vehicle might contain evidence of the offense D. Only with consent Answer: C Rationale: Arizona v. Gant limits vehicle searches incident to arrest unless the arrestee can access the car or it may contain evidence of the offense.
- Which of the following is a valid exception to the search warrant requirement? A. House is locked B. Consent
C. Officer wants to find more evidence D. Officer feels confident Answer: B Rationale: Consent is a recognized exception to the warrant requirement.
- Can a person revoke consent to search? A. No B. Yes, at any time C. Only with a judge's permission D. Only before the search begins Answer: B Rationale: A person who gives consent may revoke it at any point.
- What is the rule for searches of containers within vehicles? A. Only open containers can be searched B. Closed containers may be searched if probable cause exists C. Officers cannot search containers without a warrant D. Only the glove box may be searched Answer: B Rationale: With probable cause, containers inside vehicles may be searched (U.S. v. Ross).
- What is the primary legal issue in Miranda v. Arizona? A. The legality of traffic stops B. The right to carry firearms C. The right to be informed of constitutional rights before interrogation D. The use of force in self-defense Answer: C
- How long can officers detain someone during a Terry stop? A. Indefinitely B. As long as necessary to confirm or dispel suspicion C. 30 minutes minimum D. Until backup arrives Answer: B Rationale: Detention must be temporary and no longer than necessary to resolve the officer’s suspicion.
- Which level of proof is required for a conviction in criminal court? A. Reasonable suspicion B. Probable cause C. Clear and convincing evidence D. Beyond a reasonable doubt Answer: D Rationale: Criminal convictions require proof beyond a reasonable doubt.
- Who may issue a valid arrest warrant in North Carolina? A. Police officer B. Sheriff C. Magistrate or judge D. District Attorney Answer: C Rationale: Only a neutral magistrate or judge can issue arrest warrants in NC.21. A warrantless arrest in a public place is valid if: A. The officer has reasonable suspicion B. The suspect consents C. The officer has probable cause that the suspect committed a felony D. The suspect has a prior record
Answer: C Rationale: Officers may make a warrantless arrest in public when they have probable cause to believe a felony has occurred.
- What is needed to arrest someone inside their own home without a warrant? A. Consent from a neighbor B. Hot pursuit or exigent circumstances C. Reasonable suspicion D. A traffic citation Answer: B Rationale: Warrantless entry into a home to make an arrest is only lawful under exigent circumstances or with consent.
- What is "curtilage"? A. The inside of a vehicle B. An unrelated property nearby C. The area immediately surrounding a home D. The common areas in an apartment complex Answer: C Rationale: Curtilage is protected under the Fourth Amendment and includes areas closely associated with the home.
- The “automobile exception” allows warrantless vehicle searches when: A. The driver consents B. The vehicle is parked C. There is probable cause to believe it contains evidence of a crime D. The vehicle is dirty or suspicious Answer: C
Rationale: According to Georgia v. Randolph, if a co-occupant is present and objects, the search is invalid.
- Can a private citizen conduct an unlawful search that results in admissible evidence? A. No, it's always illegal B. Yes, if they are not acting as an agent of the police C. Only with a warrant D. No, unless it’s a felony Answer: B Rationale: The Fourth Amendment restricts government actors, not private citizens unless they are directed by police.
- What is the legal significance of exigent circumstances? A. They allow police to bypass the Miranda warning B. They allow entry/search/arrest without a warrant if there is a true emergency C. They prevent officers from acting D. They protect civilian rights to resist arrest Answer: B Rationale: Exigent circumstances allow immediate action without a warrant to prevent danger, evidence destruction, or escape.
- Which of the following is not a recognized exigent circumstance? A. Hot pursuit of a fleeing felon B. Imminent destruction of evidence C. Needing to speak with a witness D. Risk of harm to officers or others Answer: C
Rationale: Simply needing to speak with a witness does not constitute an exigent circumstance.
- Which of the following statements about search incident to arrest is true? A. It allows officers to search any location B. It permits a full search of a person and area within immediate control C. It only applies if the person is a felon D. It requires a search warrant Answer: B Rationale: A search incident to arrest is limited to the arrestee and the area within their reach.
- Can evidence obtained through an illegal search ever be admissible? A. Yes, under the good faith exception B. No, it’s always excluded C. Only in federal cases D. Only if the suspect has a criminal record Answer: A Rationale: Under the good faith exception, evidence may be admitted if officers reasonably relied on a defective warrant.
- What is required for a valid investigatory stop (Terry stop)? A. Probable cause B. Officer’s opinion C. Reasonable suspicion D. An anonymous tip Answer: C Rationale: An officer must have reasonable suspicion based on articulable facts to detain someone briefly.
D. A consent search of property Answer: B Rationale: Inventory searches are administrative and protect property, not for investigation purposes.
- What is the purpose of a “frisk”? A. To find drugs B. To intimidate the suspect C. To search for weapons to ensure officer safety D. To search for stolen items Answer: C Rationale: A frisk is a limited pat-down for weapons to ensure officer safety.
- What does "constructive custody" mean in the context of arrest? A. The suspect is locked up B. The suspect is physically restrained C. The officer has asserted authority and the suspect submits D. There is a court order Answer: C Rationale: Constructive custody occurs when a person is not free to leave and submits to authority.
- When may officers enter a third party’s home to arrest a suspect without a search warrant? A. Never B. Only if invited C. Only with a search warrant or exigent circumstances D. Any time they have an arrest warrant
Answer: C Rationale: Officers need a search warrant to enter a third party’s home unless exigent circumstances apply.
- Which of the following is required to issue a search warrant? A. Reasonable suspicion B. Clear and convincing evidence C. Probable cause supported by oath or affirmation D. A hunch from the officer Answer: C Rationale: A judge or magistrate may issue a warrant only upon a showing of probable cause supported by an affidavit or sworn testimony.
- A warrant must particularly describe the: A. Officer's background B. Neighborhood characteristics C. Place to be searched and items to be seized D. Officer's opinion on the suspect Answer: C Rationale: The Fourth Amendment requires specificity in the place to be searched and the items sought.
- Who can give valid consent to search a residence? A. A neighbor B. A minor child C. A person with apparent authority D. Anyone who has entered the home before Answer: C
- What is the “exclusionary rule”? A. A rule allowing hearsay in court B. A law banning suspects from speaking to police C. A rule that excludes evidence obtained unlawfully D. A guideline for prosecutors Answer: C Rationale: The exclusionary rule prohibits the use of evidence obtained in violation of a person’s constitutional rights.
- What is a “no-knock” warrant? A. A warrant for arrest in a courthouse B. A search warrant allowing entry without announcing presence C. A traffic violation warrant D. A warrant only for electronic devices Answer: B Rationale: A no-knock warrant permits officers to enter without announcing, often to preserve safety or evidence.
- If officers rely on a warrant later found to be invalid, evidence may still be admitted if: A. The suspect confesses B. The officers acted in good faith C. The officers apologize D. The suspect is a known felon Answer: B Rationale: Under the “good faith” exception (U.S. v. Leon), evidence may be used if officers reasonably relied on a defective warrant.
- What is an “arrest”? A. A formal warning B. Temporary detention without cause C. A seizure of a person with intent to take them into custody D. A traffic citation Answer: C Rationale: An arrest is the taking of a person into custody, typically based on probable cause.
- A search warrant becomes void if not executed within: A. 72 hours B. 24 hours C. 48 hours D. 10 days Answer: D (in North Carolina) Rationale: In North Carolina, a search warrant must be executed within 10 days.
- Which of the following situations allows officers to search without a warrant? A. Searching a closed container in a parked car without consent B. Searching a home after reading Miranda rights C. Searching incident to a lawful arrest D. Searching based on a tip from a citizen Answer: C Rationale: A search incident to arrest is an exception to the warrant requirement.
- What is the “plain view doctrine”? A. Evidence in plain sight may be seized if lawfully present B. Evidence visible to anyone must be ignored C. It allows anonymous tips to justify arrest
Answer: B Rationale: Routine booking questions (e.g., name, address) do not require Miranda warnings.
- If a suspect invokes their right to remain silent, the officer must: A. Continue questioning gently B. Stop questioning immediately C. Only ask about unrelated crimes D. Record the silence Answer: B Rationale: Once the right to remain silent is invoked, questioning must cease.
- Can an officer search a cellphone during arrest without a warrant? A. Yes, if the phone is unlocked B. Yes, under plain view doctrine C. No, a warrant is generally required D. Yes, with probable cause Answer: C Rationale: Riley v. California (2014) held that searching a cellphone generally requires a warrant.
- A person is “in custody” for Miranda purposes when: A. They are free to leave B. They are questioned in a public place C. Their freedom of movement is restrained like a formal arrest D. They speak to police voluntarily Answer: C Rationale: Custody for Miranda applies when a reasonable person would not feel free to leave.
- What is a “seizure” under the Fourth Amendment? A. Any voluntary police encounter B. A person briefly questioned in public C. A meaningful interference with a person’s liberty or property D. Any time police ask questions Answer: C Rationale: A seizure occurs when there is a meaningful interference with liberty or possession of property.61. What is a custodial interrogation? A. Questioning during a casual conversation B. Questioning in public while suspect is free to leave C. Questioning initiated by law enforcement after a person has been taken into custody D. Booking process at the jail Answer: C Rationale: Custodial interrogation triggers the need for Miranda warnings because the suspect’s freedom is restricted.
- Which of the following must be present for a lawful Terry stop? A. Probable cause B. Arrest warrant C. Reasonable suspicion D. Miranda warning Answer: C Rationale: A Terry stop requires reasonable suspicion that the person is involved in criminal activity.
- Which of the following is not a recognized exception to the search warrant requirement?
