Practice Test Geeks(DPSST) Department of Public Safety Standards and Training Certified Practice Test
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Legal Authority Flashcards

7 cards from real DPSST practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Legal Authority flashcards as text

  1. Under the Miranda rule, when must an officer advise a suspect of their rights?

    Answer: Before any questioning of a suspect in custody

    Miranda warnings are required before custodial interrogation — when a suspect is in custody and subject to questioning by law enforcement.

  2. An officer uses deadly force against a fleeing suspect. Under Tennessee v. Garner, this is constitutional only if:

    Answer: The officer has probable cause to believe the suspect poses a significant threat of serious harm

    Tennessee v. Garner held that deadly force to stop a fleeing suspect is only justified when the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury.

  3. Which exception allows officers to enter a home without a warrant to prevent the imminent destruction of evidence?

    Answer: Exigent circumstances

    Exigent circumstances, including imminent destruction of evidence, allow warrantless entry to prevent irreparable harm to the investigation.

  4. Under ORS 161.015, a person acts with 'criminal negligence' when they fail to be aware of a substantial and unjustifiable risk and that failure is:

    Answer: A gross deviation from the standard of care a reasonable person would observe

    Criminal negligence under Oregon law requires that the failure to perceive the risk be a gross deviation from the standard of care of a reasonable person.

  5. A 'de facto arrest' occurs when:

    Answer: A reasonable person would not feel free to leave, even without formal arrest words

    A de facto arrest occurs when the restraint of a person's liberty is equivalent to an arrest, regardless of whether formal arrest language is used.

  6. Which legal principle holds that evidence that would have been discovered inevitably through lawful means is admissible despite an illegal search?

    Answer: Inevitable discovery doctrine

    The inevitable discovery doctrine allows evidence obtained through illegal means to be admitted if the prosecution can show it would have been discovered through lawful investigation.

  7. Under Oregon law, what must an officer establish to obtain a search warrant?

    Answer: Probable cause supported by oath or affirmation

    A search warrant in Oregon requires probable cause, supported by oath or affirmation, describing the place to be searched and items to be seized.