POST Criminal Law and Procedure 2

Question 1

Under the fruit of the poisonous tree doctrine, which of the following would most likely be admissible?

Accepted Answer

Evidence discovered through an independent source unrelated to the illegal search

Answer

The independent source doctrine allows evidence to be admitted if it was discovered through a source entirely separate from the illegal police conduct.

Question 2

Which standard of proof is required to obtain a search warrant?

Accepted Answer

Probable cause

Answer

The Fourth Amendment requires probable cause supported by oath or affirmation before a neutral magistrate will issue a search warrant.

Question 3

A suspect invokes their right to counsel during custodial interrogation. Officers may legally resume questioning if:

Accepted Answer

The suspect initiates further communication with officers

Answer

Under Edwards v. Arizona, once counsel is invoked all questioning must cease unless the suspect themselves initiates further communication.

Question 4

What is the legal definition of 'curtilage' in the context of Fourth Amendment protections?

Accepted Answer

The area immediately surrounding the home that shares its intimate activities

Answer

Curtilage is the area immediately surrounding a home that is so intimately connected to the home that it shares the home's Fourth Amendment protections.

Question 5

An officer arrests a suspect for a traffic misdemeanor. Under the search incident to arrest doctrine, the officer may lawfully search:

Accepted Answer

The arrestee's person and the area within their immediate control

Answer

Chimel v. California limits a search incident to arrest to the arrestee's person and the area within their immediate control at the time of arrest.

POST - Peace Officer Standards and Training Practice Test

POST - Peace Officer Standards and Training Practice Test

POST Criminal Law and Procedure 2