Exam (elaborations)
TLETA WEEK 1 QUESTIONS AND ANSWERS 2024
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TLETA WEEK 1 QUESTIONS AND ANSWERS 2024
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TLETA WEEK 1What 3 items do you need for probable cause when writing an affidavit for a
search warrant? - ANSWERS-1. search location, 2. item, 3. crime;
(remember - S.I.C.)
"Something someone told you" = ? - ANSWERS-hearsay
Is hearsay presumed reliable? - ANSWERS-Depends. From an average citizen =
reliable. From a criminal informant (aka snitch) = unreliable.
Can a magistrate base a finding of probable cause on hearsay evidence? -
ANSWERS-yes, depending on the totality of the circumstances
What are instant deaths for warrants? - ANSWERS-fatal flaws
How many copies of the warrant should you make? For who? - ANSWERS-at least
3 - 1. left with judge, 2. left at premises with defendant, 3. filed with the court
after the return is signed by the judge
(smart to make more for your own records)
,How many days do you have to serve the warrant? How do you count them? -
ANSWERS-5 days - day it's signed doesn't count, 5th day is valid until 2359
Who can execute a warrant? - ANSWERS-it must be the officer named on the
warrant (or they must at least be present at the time of search)
What must the magistrate include on the warrant when they issue it to make it
legit? - ANSWERS-hour, date, and name of officer
When can you issue a search warrant in TN? - ANSWERS-anytime night or day
When may a search warrant for federal courts be served? - ANSWERS-only during
the day, but you have 50 days
How many times may you enter with a search warrant? - ANSWERS-ONCE
4 steps to serving a warrant? - ANSWERS-1. knock before forcing entry, 2. identify
self/authority/purpose, 3. wait a reasonable time before entry, 4. state
purpose/reason of warrant
Is the good faith exception (regarding clerical errors) still in practice? - ANSWERS-
no, it is now handled on a case by case basis based on reasonability of the mistake
,What is a reasonable time before entry when serving a warrant after announcing
yourself? - ANSWERS-3-5 minutes
In what 5 scenarios would you not need to "knock and announce" yourself when
serving a warrant? - ANSWERS-exigent circumstances:
1. it's a useless gesture (they already saw you and ran inside), 2. destruction of
evidence risk, 3. someone's life is in danger, 4. someone inside is likely becoming
armed/violent, 5. person inside has history of violence;
(you must be able to SPECIFICALLY and ARTICULABLY identify why you suspected
one of these)
Can you strip search someone on a traffic stop? - ANSWERS-no, unless there's
reasonable belief of weapons/drugs/contraband
"Having an arrested person remove or arrange some or all of the person's clothing
so as to permit a visual inspection of the genitals, buttocks, anus, female breasts
or undergarments of the arrested person" = ? - ANSWERS-strip searches
"An inspection, probing, or examination of the inside of a person's anus, vagina,
or genitals for the purpose of determining whether the person is concealing
evidence of a criminal offense, a weapon, a controlled substance, a controlled
substance analogue or other contraband." = ? - ANSWERS-body cavity search
, What must you have to conduct a body cavity search? - ANSWERS-A search
warrant. Consent can only be used if a preprinted form is signed (this is highly
discouraged).
Who can conduct a body cavity search? - ANSWERS-health care professionals
Which federal circuit court does TN use? - ANSWERS-6th
Name the 3 legal police-citizen encounters. - ANSWERS-1. consensual, 2. arrest, 3.
terry stop
What happens if your search violates the 4th amendment? - ANSWERS-
exclusionary rule -> evidence is thrown out of court
What does a terry stop require? - ANSWERS-reasonable suspicion of a weapon,
plus reasonable suspicion of a law violation or lawful seizure for other reason
What test does the court use to determine reasonableness under the 4th
amendment? - ANSWERS-the objective reasonableness test
Can a juvenile give consent? - ANSWERS-yes, but you have to convince the court
they did it knowingly and without intimidation (much easier with a 17 year old
than an 8 y.o.)
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