Opota 2.3 Arrest, Search And Seizure 18 Correctly Answered Questions Latest Update

The Requirements Which Must Be Established Before a Terry Pat Down/Frisk {Ans: • Officers are required to articulate a reasonable belief that the suspect is armed AND • The suspect poses a threat to them}Elements Necessary to Constitute an Arrest {Ans: 1. Intent, the intention of the arresting officer to take someone into custody is one of the basic elements that distinguishes an arrest from lesser forms of detention 2. Authority, the restraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer 3. Seizure, the actual or constructive seizure or detention of the person by submission or by physical restraint 4. Understanding, the person arrested understands that he/she is arrested}The Area an Officer May Search, Incident to a Lawful Arrest of That Person... {Ans: is the area within the person's immediate control at the arrest location}Criteria to Establish the Plain View Exception to the Search Warrant Requirement {Ans: • The officers must be legally on the premises from where the observation is made • The incriminating nature of the item must be immediately apparent (i.e., equates to probable cause) • The officers must