DPSST Legal Authority 3

Question 1

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

Accepted Answer

Before any questioning of a suspect in custody

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

Exigent circumstances

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

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

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

DPSST Legal Authority 3