NPOST NPOST Police Test Law and Legal Concepts 2 — Questions and Answers
Question 1: The "plain view" doctrine permits an officer to seize evidence without a warrant when:
- The officer is lawfully present, the item is visible, and its incriminating nature is immediately apparent (Correct answer)
- Any evidence is visible from a public sidewalk or street
- The officer believes evidence may be hidden nearby
- A witness directs the officer to the location of the evidence
Correct answer: The officer is lawfully present, the item is visible, and its incriminating nature is immediately apparent
Plain view requires lawful presence, visible evidence, and immediately apparent incriminating character — all three elements must be met.
Question 2: The Fifth Amendment grants a suspect the right to:
- Remain silent and not be compelled to incriminate themselves (Correct answer)
- Confront their accusers in open court
- Have an attorney present during all police interactions
- A speedy trial within 60 days of arrest
Correct answer: Remain silent and not be compelled to incriminate themselves
The Fifth Amendment protects against self-incrimination allowing a suspect to refuse to answer questions that could be used against them.
Question 3: An officer may make a warrantless felony arrest when:
- The officer has probable cause to believe the person committed a felony (Correct answer)
- The officer personally witnessed the crime being planned in advance
- A supervisor authorizes the arrest via radio communication
- The suspect is found within one mile of the crime scene
Correct answer: The officer has probable cause to believe the person committed a felony
Probable cause to believe a person committed a felony is sufficient legal authority for a warrantless arrest.
Question 4: Which constitutional amendment guarantees a criminal defendant the right to an attorney?
- Sixth Amendment (Correct answer)
- Fourth Amendment
- Fifth Amendment
- Eighth Amendment
Correct answer: Sixth Amendment
The Sixth Amendment guarantees the right to counsel in criminal prosecutions including appointed counsel for those who cannot afford one.
Question 5: What is a "Terry stop"?
- A brief investigative detention based on reasonable suspicion of criminal activity (Correct answer)
- A full custodial arrest based on probable cause
- A consensual conversation between an officer and a citizen
- A warrantless search of a vehicle during a traffic stop
Correct answer: A brief investigative detention based on reasonable suspicion of criminal activity
A Terry stop from Terry v. Ohio (1968) permits officers to briefly detain someone based on reasonable suspicion of criminal activity.
Question 6: If a person is free to leave and not in police custody Miranda warnings:
- Are not required before questioning (Correct answer)
- Are required before any questions are asked
- Must be given if questioning lasts more than 15 minutes
- Are required whenever questioning occurs at a police station
Correct answer: Are not required before questioning
Miranda warnings apply only during custodial interrogation — a person free to leave is not in custody and no warning is required.
NPOST NPOST Police Test Law and Legal Concepts 2
The "plain view" doctrine permits an officer to seize evidence without a warrant when: