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TMAS 2 EXAM NEWEST 2025-2026 COMPLETE QUESTIONS
AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
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Custodial lineup timing - CORRECT ANSWER- May take place any time after a crime has been committed.
Scope of Search Incident to Arrest - CORRECT ANSWER- A search incident to a custodial arrest may include:a full search of the arrestee's personcontainers on the arrestee's personthe nearby physical area that was under the immediate control of the arrestee (sometimes referred to as "within arm's reach")
Fourth Amendment Protection - CORRECT ANSWER- Officers must have probable cause and a warrent signed by a judge. Once a warrent is recived, officers can only search in the specified locations described in the warrent.
Reasonable expectation of privacy - CORRECT ANSWER- can exist almost anytime and anyplaceas long as:
Objective Reasonableness - CORRECT ANSWER- Whether society is prepared to recognize an individual's expectation of privacy as reasonable
Probable cause to search - CORRECT ANSWER- Crime was committed or will be committed, evidence exist, and located in the place to be searched.
Custodial lineup - CORRECT ANSWER- Identification procedure in which the victim or witness to a crime is asked to look at a number of individuals within a custodial environment in an attempt to identify the suspect.
-individuals have indicated that they personally (subjectively) expect privacy in the object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy - CORRECT ANSWER- is a person's state of mind demonstrated by affirmative action designed to protect their privacy (e.g., building a fence, closing window shades, locking a compartment, etc.).
Curtilage - CORRECT ANSWER- Relatively small and usually well-defined area immediately around a residence to which the private activities of the home extend, and in which the owner has an expectation of privacy
Open fields - CORRECT ANSWER- Outdoor real property, outside the curtilage of the residence
Over flights - CORRECT ANSWER- The flight of a plane or helicopter over a given area
Standing - CORRECT ANSWER- Exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized. Generally established
- the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle - CORRECT ANSWER- Officers may search any part of a motor vehicle or anything inside the vehicle as long as what they are searching for might reasonably be located there. This includes but not limited to: the passenger compartments The glove compartment The hoodThe trunkAny closed personal containers (including locked)
Vehicles code section 415 - CORRECT ANSWER- Self propelled. Ex: automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - CORRECT ANSWER- Considered motor vehicle when it is being used on a highway or if it is capable of such use and is located in a place not regularly used for residential purposes.
Time of search for vehicles - CORRECT ANSWER- Does not have to happen contemporaneously with the vehicle stop. Could occur later if the vehicle is being towed or impounded.
Closed Containers - CORRECT ANSWER- Officers need probable cause to open and search any closed, personal containers within the vehicle which might reasonably contain the item (including locked)
Protective search of a vehicle - CORRECT ANSWER- Officer has reasonable belief based on specific and articulable facts the occupant of vehicle stopped for a traffic violation is dangerous and may gain immediate control of a weapon, officer may search those areas of a vehicle's passenger compartment in which a weapon may be placed or hidden.
Plain View - CORRECT ANSWER- evidence that's found in a location that anybody could see and, therefore, doesn't require a warrant officers may seize.
consent search - CORRECT ANSWER- Search conducted with consent that is voluntary and obtained from a person with the authority to give that consent. If the consenting person restricts certain areas of the vehicle or items within the vehicle, the officer must honor those restrictions.
Searches of vehicles incident to custodial arrest - CORRECT ANSWER- Officers makes a custodial arrest of a person in a vehicle and the officer may conduct a warrantless search of the vehicles passenger compartment
Necessary Conditions for search of vehicle incident to custodial arrest - CORRECT ANSWER- The arrestee is unsecured (not locked in police car, not handcuffed) Has reachable access to the vehicle The officer has reasonable suspicion to believe evidence pertaining to the crime for which the suspect was arrested is to be found in the vehicleThe officer has reasonable suspicion there is a weapon in the vehicle.
Custodial arrest - CORRECT ANSWER- An arrest where the suspect will be transported to a jail, station, detox center, juvenile hall, or school
Photographic spread - CORRECT ANSWER- Identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to identify the suspect.
Photographic spread timing - CORRECT ANSWER- Does not have to take place within a short amount of time of the crime. But should while the victim or witness memory is still fresh.
Photographic spread location - CORRECT ANSWER- A photographic spread maybe use when the identity of the suspect is not known, or the identity is known but the suspect is not in custody. Since there is no intrusion on a suspects time or privacy the photographic spread identification process can take place at any location
Custodial lineup location - CORRECT ANSWER- Takes place within a controlled environment of a law enforcement facility
Custodial lineup legal Rep. - CORRECT ANSWER- The suspect has the right to the presence of an attorney at the lineup. However the attorney is present as a silent observer.
search warrant - CORRECT ANSWER- An order in writing signed by a magistrate directed to a peace officer. Commanding the officer to search for an individuals things or personal property.
Reasonable Inference - CORRECT ANSWER- The act of drawing a conclusion from a fact; it is similar to making a presumption (e.g., seeing smoke and inferring there is a fire).
direct evidence - CORRECT ANSWER- Evidence that proves a fact directly, without an inference or presumption (e.g., the sale of a controlled substance to an undercover officer)
Circumstantial evidence - CORRECT ANSWER- Evidence that proves a fact indirectly that is personal knowledge or observations from which deductions must be drawn by the jury or court.
Execution of a search warrant, time limit for service. - CORRECT ANSWER- Penal code 1534Officers have 10days within which to execute the warrant.
Failure to make timely execution of search warrant - CORRECT ANSWER- 1) obtain a new warrant
- resubmit the expire warrant so it may be reissued and revalidated
Time of service for a search warrant - CORRECT ANSWER- Only between the hours of 7:00am to 10:00pm
Forcible entry to execute a search warrant - CORRECT ANSWER- If the knock and notice requirements are met, including refusal, peace officers may legally break in or force entry into premises to execute a search warrant. (Penal Code Section
Public access area for a plain view seizure - CORRECT ANSWER- Officers have the legal right to make observation from any public access area at any time.
Surveillance - CORRECT ANSWER- It is not a search. Observations are made from a place where the officer has a right to be
Exigency circumstances searches - CORRECT ANSWER- Emergency situations requiring swift action to prevent imminent danger to a persons life or safety, serious damage to property, imminent escape of a suspect, imminent destruction or removal of evidence
custodial arrest - CORRECT ANSWER- Arrest in which the suspect will be transported to a station, jail, detox center, juvenile hall, or school
"Arms reach" rule - CORRECT ANSWER- Officers may search any area that is or was reasonably within the arrestees control. This includes: grab a weapon, obtain any item that could be used as a weapon, or destroy evidence.
Protective Sweep - CORRECT ANSWER- Brief search of a house or building to look for individuals only
Warrantless arrest for misdemeanors and felonies - CORRECT ANSWER- A warrantless arrest is a violation of the fourth amendment unless it is supported by probable cause. Peace officers must comply with numerous statutory requirements.
Three types of Encounters - CORRECT ANSWER- Consensual encounter, detention, arrest
Detention - CORRECT ANSWER- Requires reasonable suspicion of criminal activity to make it lawful. Not free to leave, traffic stops, investigating a crime.
Length of Detention - CORRECT ANSWER- Reasonable amount of time
Use of force or physical restraint during a detention - CORRECT ANSWER- Officers may use reasonable force and/or physical restraint to compel the person to remain.
Peace officers authority to arrest - CORRECT ANSWER- -Whenever they have probable cause to believe the person to be arrested has committed a public offense (felony or misdemeanor) in their presence.
-When the person arrested has committed a felony although not in the officers presence.
-Whenever they have probable cause to believe the person to be arrested has committed a felony whether or not a felony has in fact been committed (it allows us to be wrong)
Cause - CORRECT ANSWER- The arresting person must state the reason for the arrest
Coercion - CORRECT ANSWER- The use of force, threats, or psychological pressure used to deprive a suspect of free choice or refusal to answer.
Search - CORRECT ANSWER- occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.
Appropriate actions during a detention - CORRECT ANSWER- Reasonable investigative actions:-Questioning the person about identity and conduct-Contacting other individuals (e.g. witnesses) to confirm explanations, verifying identification, or determining whether the person is wanted (warrant check)-Checking premises, examining objects, or contacting neighbors or other individuals to determine whether a crime (e.g., burglary) actually occurred-Bringing the victim to the suspect for identification purposes
Arrest - CORRECT ANSWER- Taking a person into custody. Must be based on probable cause.
Phone calls for an arrested adult - CORRECT ANSWER- After being booked, and within 3 hours of being arrested an adult must be allowed to make at least 3 complete phone calls.
Phone calls for an arrested juvenile - CORRECT ANSWER- Immediately after being taken to a place of confinement
Consensual Encounter - CORRECT ANSWER- Face-to-face contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate.
Transporting a person during detention - CORRECT ANSWER- Moving a person while detained will be considered a illegal arrest. Officer's need consent from The detainees OR It's impractical to bring the witness/victim to the detainees location OR the conditions of the detention are dangerous to the person or the officer OR independent probable cause exist to arrest the subject.
Cursory/ Pat down search - CORRECT ANSWER- Officers must be able to articulate specific facts which cause them to reasonably believe the person might be caring a weapon or dangerous instrument. You cannot search just anybody, search outer clothing only, cursory pat search is only for weapons.
Probable cause for an Arrest - CORRECT ANSWER- a set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before an arrest is made and is based on the totality of the circumstances. Facts required to establish probable cause may include, but are not limited to:
- direct investigation or reports,
- circumstantial evidence,
- second-hand statements from reliable sources.
Information required at time of arrest - CORRECT ANSWER- Intent
Cause
Time of arrest - warrantless felony - CORRECT ANSWER- May take place any time of the day or night on any day of the week.
Arrest warrant - CORRECT ANSWER- An order signed by a judge naming the individual to be arrested for a specific crime stated in the warrant.
Knock and notice - CORRECT ANSWER- Before entering a private dwelling to make an arrest, an Officer needs lawful access. Officers must give notice to the persons inside. For example: consent, exigent circumstances, or has lawfully entered the area for some other purpose.
Pre-complaint warrant - CORRECT ANSWER- Arrest warrant obtained before a criminal complaint has been filed; sometimes referred to as Ramey warrant
Private person arrest and the 4th Amendment - CORRECT ANSWER- The fourth amendment does not apply when they do a search and seizure.
Required actions for a private persons arrest - CORRECT ANSWER- -Take the person before a magistrate, or
-Deliver the arrested person to a peace officer
Infractions - CORRECT ANSWER- Normally cited and released. The arrestee needs to sign a written promise to appear.
Stale Misdemeanor - CORRECT ANSWER- exists when an adult commits a misdemeanor in another person's presence (including a peace officer) and the person fails to arrest the adult within a reasonable time thereafter.
Statute of Limitations - CORRECT ANSWER- Suspects must be formally charged by a prosecuting attorney within a certain time limit.
When is the Miranda Warning required? - CORRECT ANSWER- When suspect is in custody and interrogation at the same time.
Custody - CORRECT ANSWER- A formal arrest or "functional equivalent "
Interrogation - CORRECT ANSWER- Asking direct questions about the crime witch their in custody for.
Consequences of not administering Miranda - CORRECT ANSWER- Any statement they may obtain during custodial interrogation may be inadmissible against the person at the criminal trial to prove guilt.
Types of waiver of Miranda - CORRECT ANSWER- Expressed, implied, conditional
Expressed wavier - CORRECT ANSWER- Answer yes or no questions about going forward with the questioning
Seizure of a person - CORRECT ANSWER- occurs when a peace officer physically applies force to a person or when a person voluntarily submits to the officer's authority.
Seizure of property - CORRECT ANSWER- occurs when there is some meaningful interference with an individual's possessory interest in that property by the government.
Arrest warrant contents - CORRECT ANSWER- -Name of the defendant.
-Crime the defendant is suspected of committing.
-Time the warrant is issued.
-City or county where the warrant is issued.
-Signature of the issuing authority with the title of office.
-Name of the court or other issuing agency.
-Amount of bail.
Knock and notice exceptions during exigency circumstances - CORRECT ANSWER- Hot pursuit, imminent threat to life, property (ex. Smell of natural gas), suspects escape, and destruction of evidence or contraband
U.S code title 18 Section 241 - CORRECT ANSWER- CONSPIRACY AGAINST RIGHTS OF CITIZENSIf any 2 people conspire to injure, oppress, threaten, or intimidate any person of any right or Privilege granted by the Constitution or Laws of the US.
U.S code title Section 242 - CORRECT ANSWER- Deprivation of rights under color of law
Arrested without a warrant must be given a judicial determination of probable cause within: - CORRECT ANSWER- 48 hours after the arrest, including weekends and holidays.
Classifications for Intimidating witnesses or victims - CORRECT ANSWER- "Wobbler" Felony or Misdemeanor
Classification of Threats of Retaliation - CORRECT ANSWER- Felony PC 140(a)
Classifications for Resisting an officer - CORRECT ANSWER- Misdemeanor
Classifications of attempting to escape or escaping from state prison, jail, or home detention WITH or WITHOUT the use of force or violence is a : - CORRECT ANSWER- Felony
For the crime of violating a court order to be complete, the court order must: - CORRECT ANSWER- -have been properly served on the person, or-the person must have been present when the order was generated
Disarming an Officer - CORRECT ANSWER- Removing or attempting to remove an officer's firearm or any other weapon during the act of resisting, delaying, or obstructing an officer is a crime. PC 148(d) Felony
