POST Criminal Law and Procedure 3

Question 1

A Terry stop is justified when an officer has:

Accepted Answer

Reasonable, articulable suspicion that criminal activity is afoot

Answer

Terry v. Ohio established that a brief investigatory stop requires reasonable, articulable suspicion based on specific facts, not a mere hunch.

Question 2

Which scenario best illustrates the 'plain view' doctrine allowing seizure without a warrant?

Accepted Answer

An officer lawfully in a home sees drug paraphernalia in open view on a table

Answer

Plain view requires that the officer be lawfully present, the item be in plain view, and its incriminating nature be immediately apparent.

Question 3

Under the Sixth Amendment, a defendant's right to a speedy trial attaches when:

Accepted Answer

The defendant is arrested or formally charged

Answer

The Sixth Amendment right to a speedy trial attaches at the point of arrest or formal indictment/information, whichever comes first.

Question 4

What is the primary legal distinction between murder and voluntary manslaughter?

Accepted Answer

The presence or absence of adequate provocation causing sudden heat of passion

Answer

Voluntary manslaughter involves an intentional killing that occurs in the sudden heat of passion caused by adequate legal provocation, negating the malice required for murder.

Question 5

An officer stops a vehicle for a broken taillight. A passenger voluntarily blurts out, 'There's a gun under my seat.' The officer may lawfully:

Accepted Answer

Seize the gun as it was discovered through a spontaneous statement

Answer

Spontaneous statements not made in response to interrogation are admissible, and the officer may act on the information provided without a warrant under the plain view/plain feel or exigency doctrines.

POST - Peace Officer Standards and Training Practice Test

POST - Peace Officer Standards and Training Practice Test

POST Criminal Law and Procedure 3