DPSST Legal Authority 2 — Questions and Answers
Question 1: Under Oregon law, when may a peace officer make a warrantless arrest for a misdemeanor?
- Only when the misdemeanor is committed in the officer's presence (Correct answer)
- Whenever probable cause exists, regardless of presence
- Only with supervisor approval
- Only between 6 AM and 10 PM
Correct 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.
Question 2: What is the legal standard required before an officer may conduct a 'stop and frisk' (Terry stop) pat-down?
- Probable cause to arrest
- Reasonable suspicion that the person is armed and dangerous (Correct answer)
- A valid arrest warrant
- Consent of the subject
Correct 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.
Question 3: Which constitutional amendment protects against unreasonable searches and seizures?
- First Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by government officials.
Question 4: An officer discovers contraband in plain view during a lawful traffic stop. What doctrine allows seizure without a warrant?
- Good faith exception
- Plain view doctrine (Correct answer)
- Exigent circumstances
- Inevitable discovery
Correct 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.
Question 5: Under Oregon's citizen's arrest statute (ORS 133.225), a private person may arrest another for:
- Any offense they witness
- A felony when they have reasonable grounds to believe it was committed (Correct answer)
- Any misdemeanor involving a victim
- Only traffic infractions
Correct 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.
Question 6: The exclusionary rule primarily serves to:
- Punish officers for misconduct
- Deter police from conducting unlawful searches and seizures (Correct answer)
- Compensate victims of illegal searches
- Establish probable cause standards
Correct 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.
Question 7: When an officer detains a person for investigation, Oregon law requires the detention be:
- Supported by a warrant
- Based on reasonable suspicion and no longer than necessary (Correct answer)
- Approved by a supervisor
- Limited to 15 minutes by statute
Correct 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.
DPSST Legal Authority 2
Under Oregon law, when may a peace officer make a warrantless arrest for a misdemeanor?