Legal Authority Flashcards
7 cards from real DPSST practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal Authority flashcards as text
Under Oregon law, when may a peace officer make a warrantless arrest for a misdemeanor?
Answer: Only when the misdemeanor is committed in the officer's presence
Oregon law generally requires a misdemeanor to be committed in the officer's presence to justify a warrantless arrest, unlike felonies.
What is the legal standard required before an officer may conduct a 'stop and frisk' (Terry stop) pat-down?
Answer: Reasonable suspicion that the person is armed and dangerous
Terry v. Ohio established that an officer needs reasonable suspicion that a person is armed and dangerous to conduct a pat-down for weapons.
Which constitutional amendment protects against unreasonable searches and seizures?
Answer: Fourth Amendment
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by government officials.
An officer discovers contraband in plain view during a lawful traffic stop. What doctrine allows seizure without a warrant?
Answer: Plain view doctrine
The plain view doctrine permits officers to seize evidence or contraband without a warrant when it is in plain view during a lawful observation.
Under Oregon's citizen's arrest statute (ORS 133.225), a private person may arrest another for:
Answer: A felony when they have reasonable grounds to believe it was committed
ORS 133.225 allows a private person to arrest someone for a felony if they have reasonable grounds to believe that person committed it.
The exclusionary rule primarily serves to:
Answer: Deter police from conducting unlawful searches and seizures
The exclusionary rule deters police misconduct by making evidence obtained through unconstitutional means inadmissible in court.
When an officer detains a person for investigation, Oregon law requires the detention be:
Answer: Based on reasonable suspicion and no longer than necessary
A lawful investigative stop in Oregon must be based on reasonable suspicion and must last only as long as necessary to confirm or dispel that suspicion.