DPSST Legal Authority 2

Question 1

Under Oregon law, when may a peace officer make a warrantless arrest for a misdemeanor?

Accepted Answer

Only when the misdemeanor is committed in the officer's presence

Answer

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?

Accepted Answer

Reasonable suspicion that the person is armed and dangerous

Answer

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?

Accepted Answer

Fourth Amendment

Answer

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?

Accepted Answer

Plain view doctrine

Answer

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:

Accepted Answer

A felony when they have reasonable grounds to believe it was committed

Answer

ORS 133.225 allows a private person to arrest someone for a felony if they have reasonable grounds to believe that person committed it.

(DPSST) Department of Public Safety Standards and Training Certified Practice Test