Legal Authority Flashcards
7 cards from real DPSST practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Authority flashcards as text
Under Oregon law, an officer who uses force must be able to articulate that the force was:
Answer: Objectively reasonable under the totality of the circumstances
Oregon and federal law require that use of force by officers be objectively reasonable based on the totality of the circumstances known at the time.
A person who is subject to an investigative stop may be required to:
Answer: Identify themselves if reasonably suspected of a crime under Oregon's stop-and-identify statute
Oregon's stop-and-identify law requires a person detained on reasonable suspicion to provide their name when asked by an officer.
Which of the following best describes 'probable cause' in the context of arrest?
Answer: A reasonable belief, based on articulable facts, that a person has committed or is committing a crime
Probable cause requires articulable facts that would lead a reasonable officer to believe a person has committed, is committing, or is about to commit a crime.
Under the community caretaking doctrine, officers may:
Answer: Conduct welfare checks and render aid without a warrant when acting in a non-investigatory capacity
The community caretaking doctrine permits officers to engage in non-investigatory functions, like welfare checks, without Fourth Amendment concerns in appropriate circumstances.
Oregon's use-of-force statute (ORS 161.235) authorizes a peace officer to use physical force when:
Answer: They reasonably believe it is necessary to make an arrest, prevent escape, or protect themselves or others from injury
ORS 161.235 authorizes peace officers to use physical force to the extent reasonably necessary to effect an arrest, prevent escape, or defend against harm.
When an officer arrests a person, the officer is required to bring the person before a magistrate:
Answer: Without unnecessary delay, as required by Oregon law and the Fourth Amendment
Both Oregon law and the Fourth Amendment require that arrested persons be brought before a magistrate without unnecessary delay for a probable cause determination.
An informant's tip may establish probable cause for a warrant if:
Answer: The tip is sufficiently reliable and corroborated under the totality of the circumstances test
Under Illinois v. Gates, a tip can establish probable cause when the totality of the circumstances, including the informant's reliability and basis of knowledge, supports a finding of probable cause.