Search Incident to Arrest Criteria

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Questions and Answers

What principles constrain the allowable degree of force to be used by the police during an arrest?

  • Speed, agility, and strength
  • Proportionality, necessity, and reasonableness (correct)
  • Intimidation, fear, and violence
  • Excessiveness, aggression, and dominance

According to section 26 of the text, who is criminally responsible for any excess use of force?

  • Security guards
  • Every individual who is authorized by law to use force (correct)
  • Civilians assisting in an arrest
  • Only police officers

In what situation is it the duty of every person arresting someone to provide notice according to the text?

  • Only when arresting a person without a warrant
  • When arresting a person with or without a warrant (correct)
  • Only when arresting a person with a warrant
  • When arresting a person under the influence

Which of the following situations would NOT render an inventory search unlawful?

<p>Discovering evidence of criminal activity during the inventory search (A)</p> Signup and view all the answers

In what situation would a detention NOT occur according to the text?

<p>Physical contact without any confining actions (D)</p> Signup and view all the answers

Which action should officers take before conducting an inventory search on a vehicle?

<p>Give the vehicle's occupant(s) an opportunity to remove property (B)</p> Signup and view all the answers

When does psychological restraint with a legal obligation lead to a detention?

<p>When a police officer gives a direction or demand with significant legal consequences for non-compliance (C)</p> Signup and view all the answers

What is a key requirement for a search of a home to be permitted incident to lawful arrest?

<p>The arrest is lawful (A)</p> Signup and view all the answers

When is a search considered 'incident to arrest' if the area searched is within the arrestee's physical control at the time of arrest?

<p>If there is no reason for the search (D)</p> Signup and view all the answers

In what situation would a search be considered 'incident to arrest' if the area searched is outside the arrestee's physical control at the time of the arrest?

<p>If the police have reason to suspect that the search will further public safety (B)</p> Signup and view all the answers

What must guide the nature and extent of a search incident to lawful arrest in a home?

<p>Heightened privacy interests in a home (B)</p> Signup and view all the answers

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