DPSST Legal Authority 3 — Questions and Answers
Question 1: Under the Miranda rule, when must an officer advise a suspect of their rights?
- At the time of arrest
- Before any questioning of a suspect in custody (Correct answer)
- Before any contact with a suspect
- Only during formal interrogations at a police station
Correct 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.
Question 2: An officer uses deadly force against a fleeing suspect. Under Tennessee v. Garner, this is constitutional only if:
- The suspect refuses to stop when ordered
- The officer has probable cause to believe the suspect poses a significant threat of serious harm (Correct answer)
- The offense is a felony
- The officer's supervisor authorizes the use of force
Correct 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.
Question 3: Which exception allows officers to enter a home without a warrant to prevent the imminent destruction of evidence?
- Plain view doctrine
- Exigent circumstances (Correct answer)
- Consent exception
- Inevitable discovery
Correct answer: Exigent circumstances
Exigent circumstances, including imminent destruction of evidence, allow warrantless entry to prevent irreparable harm to the investigation.
Question 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:
- Intentional
- A gross deviation from the standard of care a reasonable person would observe (Correct answer)
- Reckless disregard for others
- An intentional act causing harm
Correct 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.
Question 5: A 'de facto arrest' occurs when:
- An officer formally states 'you are under arrest'
- A reasonable person would not feel free to leave, even without formal arrest words (Correct answer)
- An officer applies handcuffs
- A suspect is transported to jail
Correct 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.
Question 6: Which legal principle holds that evidence that would have been discovered inevitably through lawful means is admissible despite an illegal search?
- Good faith exception
- Independent source doctrine
- Inevitable discovery doctrine (Correct answer)
- Attenuation doctrine
Correct 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.
Question 7: Under Oregon law, what must an officer establish to obtain a search warrant?
- Reasonable suspicion and judicial approval
- Probable cause supported by oath or affirmation (Correct answer)
- Evidence beyond a reasonable doubt
- Clear and convincing evidence
Correct 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.
DPSST Legal Authority 3
Under the Miranda rule, when must an officer advise a suspect of their rights?