Northern Virginia Criminal Justice Training Academy (NVCJTA) Exam 3 Practice

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• Which statement accurately reflects the scope of the deadly weapon definition?
• Under Arizona v. Gant, the passenger compartment may be searched incident to a recent occupant's arrest if which of the following is true?
• Deadly force is defined as force that is likely to cause serious bodily injury or death.
• In Verez, the suspect's recent entry into the premises after what?
• Outside daytime hours, execution is permitted if:
• Exigent circumstances involve searches of which areas?
• The name or description of the ______ to be searched is included.
• The Fourth Amendment protects against what kind of searches and seizures?
• A search warrant must be executed forthwith, and in no event later than how many days after issuance?
• To determine if a person has a reasonable expectation of privacy, we must ask two questions: Did the person exhibit an actual (subjective) expectation of privacy? And if so, is the individual's expectation ________.
• Search warrants must be based on which element established by sworn affidavit?
• In Verez, officers must have a strong reason to believe the suspects are actually present where?
• Which principle is illustrated by Santana regarding hot pursuit and home entry?
• Foreclosing the escape of a suspect or eliminating danger to police or the public are among the largest subcategories within exigent circumstances.
• Warrants must be specific as to what is to be searched and what is to be ______.
• In United States v. Santana, officers had probable cause to arrest Santana for hot pursuit after she did what?
• Adjusted communication to effectively communicate with different types of audiences includes which groups?
• Physiological symptoms of stress can include sleep pattern changes, fatigue, digestive changes, headaches, aches and pains, infection and disease.
• During the resistance stage, the body tries to counteract the changes that occurred during the alarm stage.
• In Verez, there must be a clear showing of what at the time of entry?
• Which scenario best illustrates the 'manner of actual, attempted, or threatened use' criterion?
• What must a search warrant be based on with regard to probable cause?
• Under Carroll Doctrine, police may search which containers within the vehicle?
• Under the plain view doctrine, an item may be seized if it is observed from a location where the officer has a right to be.
• Apparent authority: If officers reasonably believe a person had authority to grant consent, that authority is sufficient—even if it is later learned the person had no actual authority.
• For hot pursuit, the hotter the pursuit is, the more likely a court is to look favorably on a warrantless entry.
• What does the term "immediate control" refer to in the context of a search incident to arrest?
• True or False: If a person validly and voluntarily consents to a search, the warrant requirement is waived.
• A protective sweep is conducted to check for what?
• Which phrase best describes the 'mode of use' criterion?
• Which case addressed the rule that police may enter a private residence without a warrant under exigent circumstances to arrest and seize evidence?
• Eustress refers to which type of mental or physical reaction to an event?
• The scope of a search incident to arrest extends to the entirety of the defendant. True or False?
• The scope of a consent-based search extends to which areas?
• Which case is associated with applying the exclusionary rule to state actions?
• One co-owner's consent to search covers which portion of jointly owned premises?
• Essential elements of valid consent include which of the following?
• Evidence of crime includes which of the following, such as bodily fluids?
• During a search incident to arrest, the area searched is the defendant's immediate control or reach of a weapon. Which option correctly describes this scope?
• Who applies for the search warrant, as reflected in the affidavit?
• Which scenario would the definition classify as a deadly weapon?
• All impound decisions are further limited by which code and policy?
• Under the emergency doctrine, no ________ to get a search warrant.
• Which item would be excluded from the deadly weapon definition due to its stationary nature?
• Inventories of impounded vehicles must be made pursuant to standard police what procedure?
• Exclusive possession: True or False: Only the person with exclusive possession can consent to a search of that area.
• What two time details must be included on the warrant?
• For a plain view seizure, which elements must the officer establish?
• Warrantless searches and seizures are ______.
• Which statement best captures the deadly weapon definition as a whole?
• What does a report look like?
• Which category allows seizure of evidence observed in plain view during a lawful situation?
• The contents of electronic communications shall be provided pursuant to a search warrant issued under this section and __________ using the same process described in the preceding paragraph.
• In Verez, the likelihood of what if suspects are not swiftly apprehended?
• Landlord consent condition: A landlord may consent to a search only if the tenant has been evicted or abandoned.
• Which of the following would be considered a deadly weapon under the definition when used in a threatening manner?
• Protective sweeps for persons in a home include sweeps of closets and spaces immediately adjoining the place of the arrest. True or False?
• Electronic communication service providers must also provide contents of electronic communications under the same process as described, using which section?
• What is a primary effect of the exclusionary rule on police actions and procedures?
• In an affidavit, what two things must the officer state regarding knowledge?
• Short-term stress helps us deal with real threats.
• A warrantless search that is presumptively unreasonable could expose an officer to civil liability under which laws?
• In Verez v. Commonwealth, the possibility of danger to others including police officer left to guard the site.
• Which term describes the requirement that warrants specify the scope of search and seize actions?
• Under Arizona v. Gant, the passenger compartment of a vehicle may be searched incident to a recent occupant's arrest only if the arrestee is within reaching distance or it is reasonable to believe the vehicle contains evidence. Which option best reflects the rule?
• In joint ownership or occupancy, who can consent to a search?
• A warrantless search that does not fall within recognized exceptions is presumptively unreasonable under the Fourth Amendment and could expose a law enforcement officer to civil liability.
• Which two terms complete the statement: No unreasonable _______ or ______ of persons, houses, or personal property?
• Alarm reactions to a stressful event are characterized by a short-term what?
• The list of the ____________ which are the basis for the search refers to the crimes involved.
• A search is: considered ________.
• Which ruling pertains to Mincey regarding the legitimacy of long warrantless searches in homicide investigations?
• In training contexts, which item is identified as the primary defensive tool against deadly threats?
• Warrants shall be issued only by a neutral magistrate after a finding of ______, based upon sworn to facts.
• Which of the following is NOT a physiological symptom of stress?
• Which condition justifies legally impounding a vehicle, aside from Carroll Doctrine considerations?
• In Verez v. Commonwealth, the officer's reasonable belief that contraband is about to be removed or destroyed.
• Instruments of crime are defined as which of the following items?
• If an object is used to threaten serious harm, would it meet the deadly weapon criteria?
• Distress refers to which type of mental or physical reaction to an event?
• Under knock-and-talk, police may enter the curtilage if there is an implicit invitation and may talk with anyone on the curtilage until they are asked to leave.
• Burden of proof is on the ______ to prove by a preponderance of the evidence.
• In an affidavit, which type of person must not be identified?
• Cognitive symptoms of chronic stress are described as including memory problems and concentration difficulties.
• Emergency Doctrine: The 4th amendment does not bar warrantless entries when LEO reasonably believe that a person within is in need of immediate aid or is in distress.
• An informant in an affidavit must be:
• Which case introduced the 'fruit of the poisonous tree' doctrine?
• The phrase interior and trunk clarifies that the search includes which parts?
• Under the Carroll Doctrine, a motor home is treated as an automobile if what condition is met?
• If an item not listed in the warrant is located in a permissible area and is seizeable, what may the officer do?
• In Verez v. Commonwealth, which information may be considered when evaluating a warrantless entry?
• Which category includes bodily fluids as potential evidence?
• In de-escalation, the position of advantage should be maintained when dealing with irrational, unpredictable, or suicidal subjects.
• In Verez, officers reasonably believe suspects are what?
• The Carroll Doctrine states that timing of the search does not have to occur at the time of seizure. Which option best completes this statement?
• Carroll v. United States held that the measure of legality for a vehicle seizure is that the officer has probable cause to believe the automobile contains contraband liquor. Which option best completes this belief?
• Under the Carroll Doctrine, an auto can be defined as a motor home provided the vehicle is mobile. Which option best reflects this statement?
• What are the three modes of use included in the deadly weapon definition?
• The rationale for inventories includes protecting which combination?
• A search warrant must specify that the items to be seized are related to criminal activity and that they can be found where?
• Once all items listed in the search warrant are seized, the search must:
• Verification under §19.2-56 is used to determine the warrant's:
• Under the emergency doctrine, the person is in need of __________.
• Warrantless searches can be conducted under several doctrines; which enumeration lists the correct categories?
• In Warden v. Hayden, police may enter private property without a warrant and seize 'mere evidence'.
• In Hubbard v. Commonwealth, the court held that the evidence was what in the context of an intrusive body search?
• In Johnson v. Commonwealth, the person would be allowed to return to the vehicle after the search having not been arrested. Which option best captures this concept?
• Which of the following is an example of a warrantless search category related to arrest?
• A search warrant for records pertaining to a subscriber to an electronic communication service may be executed upon the service provider by which geographic scope?
• Landlord or owner of premises has no legal right to consent unless the tenant has been ______ or ______.
• What is a required characteristic of the items and location in a search warrant?
• Which of the following is a psychological symptom of stress?
• A deadly weapon is defined as any _________, other than a body part or stationary object, that in the manner of its actual, attempted, or threatened use is likely to cause serious bodily injury or death.
• Consent to search one's person includes containers such as a purse or bag held by that person. This principle is established by which case?
• Which of the following would render consent invalid?
• Police actions and procedures must comply with which amendment or the evidence obtained will be suppressed?
• De-escalation involves a decrease in the severity of force in direct response to the resistance. Which option best expresses this?
• Contraband is described as which category of items for search purposes?
• The purposes of a search incident to a custodial arrest include protecting the officer, preventing the defendant's escape, and preventing destruction of evidence. Which option best summarizes these purposes?
• Search warrants are issued by which of the following authorities?
• The FBI UCRP consists of voluntary ____ agencies.
• In Mincey v. Arizona, the court concluded there is no murder scene exception and a four-day warrantless search of a residence was what?
• No unreasonable searches or seizures unless:
• The inventory will be what if the impound was illegal?
• Where must the warrant, affidavit, and inventory form be filed within the jurisdiction where the search occurred?
• An imminent threat of loss of evidence may justify a warrantless search of these areas.
• Which statement correctly contrasts the terms 'deadly weapon' and 'body part'?
• Consent is valid only if given by a person who has ______ to consent.
• A search warrant for the withdrawal of blood may be executed at which times?
• Which word best completes the phrase: 'that in the manner of its actual, attempted, or threatened use is _________ to cause serious bodily injury or death' ?
• Which method is not listed as a valid means to execute a search warrant on a service provider?
• The Carroll Doctrine allows searches that are as extensive as possible with which instrument?
• When writing a report, unless your original document is handwritten, your report should be ...
• What does Mincey v. Arizona illustrate about warrantless searches in homicide investigations?
• A search is considered looking into an area where a person has a ______.
• Under Carroll Doctrine, the police may search which scope of a vehicle?
• The information provided in an affidavit must be current information (not stale).
• What action may a person take regarding consent to a search?
• A momentary break in visual contact during hot pursuit does not destroy hot pursuit.
• If consent is revoked, the search based on that consent must stop.
• In plain view seizure, the item must be located in an area where police are what, and the warrant is not necessary to seize what is what?
• Which doctrine justifies warrantless vehicle searches because a vehicle's mobility makes warrants impractical?
• In Verez v. Commonwealth, which factor may be considered when evaluating a warrantless entry: The degree of urgency involved and the time required to get a warrant.
• Which term describes the results of criminal activity, such as stolen money?
• Which stage of the general adaptation syndrome is characterized by the body's attempt to resist the initial stressor?
• Imminent ________ of evidence.
• The name of the affiant refers to the who applies for the search warrant, i.e., the:
• Which two factors justify the Carroll doctrine allowing warrantless vehicle searches?
• All seized property must be described on which document?
• Affidavits must be what in nature, rather than just opinion?
• A search is considered looking into an area where a person has a ______.
• If a warrantless search does not fall within one of the judicially recognized exceptions, what consequence is most likely?
• An affidavit must be attached to which document?
• What is identified as the primary tool to defend from a deadly threat?
• Which items must be included in verifying a search warrant under §19.2-56?
• Which case addresses consent to search in a shared residence when at least one resident consents?
• What is the definition of stress?
• Risk of ________ of dangerous suspect.
• The exclusionary rule also excludes additional evidence that is derived directly from an illegal search. This is described by which doctrine?
• When a search warrant is for specific items, the officer may legally search only in which places?
• What key distinction did Carroll v. United States draw between searches of a dwelling and a motor vehicle?
• Within how many business days must these documents be filed?
• Daytime execution is limited to 8:00am to 5:00pm unless the judge approves good cause or the warrant is for withdrawal of blood. Which option reflects a permitted exception?
• Fruits of crime refer to which type of items?
• Exclusive possession by one person over part of jointly owned or occupied property means that only the person with exclusive possession ______.
• Who must issue warrants?
• The Carroll doctrine governs warrantless searches of which area?
• Which of the following is a physiological symptom of stress?
• If a seizeable item is observed in an area where the officer has a right to search, may the officer seize it even if not listed in the warrant?
• If a search warrant is for a shotgun, in which location may the officer not search?
• Which case shows that hot pursuit may justify entering a home to arrest if probable cause exists?
• The statement: Police do not need the permission of all occupants in a shared residence if at least one resident agrees and the non-consenting resident is not present, is true or false?
• Which factor is not listed in Verez as a criterion for evaluating warrantless entry?
• If the warrant is for drugs, where may the officer search?
• The oath under which the affidavit is made is the:
• Which object is excluded from the deadly weapon definition by virtue of being a stationary object?