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MO POST practice questions

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Question 1Criminal Law and Procedure

A Missouri officer arrests a suspect for stealing and, while the suspect is handcuffed in the patrol car, asks, "Why did you take the money?" The suspect has not been advised of his Miranda rights. In the prosecution for stealing, the suspect's answer is:

  1. Inadmissible, because all questions after arrest are prohibited until counsel is appointed.
  2. Inadmissible, because it was obtained through custodial interrogation without a valid waiver of Miranda rights. Correct answer.
  3. Admissible, because the officer did not use physical force or threats.
  4. Admissible, because the question was asked at the scene of the arrest rather than at a station.

Explanation

Miranda applies when a person is in custody and is subjected to interrogation. Being handcuffed in a patrol car is custody, and asking why the suspect took the money is questioning designed to elicit an incriminating response. Without warnings and a valid waiver, the answer is inadmissible.

Question 2Criminal Law and Procedure

Under Missouri law, what distinguishes burglary in the first degree from burglary in the second degree?

  1. The structure entered is a commercial building rather than a dwelling.
  2. The intended crime inside is a felony rather than a misdemeanor.
  3. The offender carries a firearm during the entry.
  4. A person who is not a participant in the crime is present in the building or inhabitable structure. Correct answer.

Explanation

Missouri first-degree burglary requires unlawful entry into a building or inhabitable structure with intent to commit a crime inside, plus the presence of a nonparticipant. Second-degree burglary has the same unlawful entry and intent but does not require that anyone be present.

Question 3Criminal Law and Procedure

In Missouri, probable cause to arrest exists when the facts and circumstances known to the officer, including reasonably trustworthy information, are sufficient to:

  1. Show that the person was present in the general area at the time of the offense.
  2. Create a mere suspicion that the person may have been involved in some wrongdoing.
  3. Warrant a reasonably cautious person to believe that an offense has been committed and that the person to be arrested committed it. Correct answer.
  4. Establish beyond a reasonable doubt that the person committed the offense.

Explanation

Probable cause is a practical, totality-of-the-circumstances test. It requires reasonably trustworthy facts that would lead a reasonable person to believe an offense was committed and that the arrestee committed it. It is more than a hunch but less than proof beyond a reasonable doubt.

Question 4Criminal Law and Procedure

An identified citizen tells an officer that a man wearing a red jacket just placed a handgun in his waistband and walked into a nearby store. The officer sees a man matching the description entering the store. Under Terry v. Ohio and Missouri practice, the officer may:

  1. Arrest the man immediately because the citizen reported a crime.
  2. Do nothing, because a citizen's report of a gun is never enough to justify police action.
  3. Stop the man and, if the officer reasonably believes he is armed and dangerous, pat him down for weapons. Correct answer.
  4. Enter the store and search every customer for weapons.

Explanation

A known citizen informant's report of a man with a gun, corroborated by the officer's observation of a matching person, provides reasonable suspicion. Terry permits a brief stop and a limited pat-down for weapons when the officer reasonably believes the person is armed and dangerous.

Question 5Criminal Law and Procedure

Under Missouri Supreme Court Rule 22.03, a person arrested without a warrant must be brought before a judge:

  1. Within 48 hours after arrest, unless a weekend intervenes.
  2. Within 72 hours after arrest if the offense is a felony.
  3. At the next regularly scheduled arraignment docket, regardless of the time elapsed.
  4. Without unnecessary delay and in any event within 24 hours after arrest. Correct answer.

Explanation

Rule 22.03 requires that an arrestee be taken before a judge without unnecessary delay and no later than 24 hours after arrest. The rule implements the Fourth Amendment prompt-presentment requirement and is stricter than the 48-hour federal outer limit.

Question 6Criminal Law and Procedure

An officer lawfully arrests a driver for driving with a revoked license. The officer handcuffs the driver and places him in the patrol car. The driver is no longer within reaching distance of the passenger compartment, and the officer has no reason to believe evidence of the license offense is inside the car. May the officer search the passenger compartment incident to the arrest?

  1. No, unless the officer first obtains a warrant.
  2. Yes, because the offense is a traffic offense.
  3. Yes, because a search incident to a lawful arrest is always permitted.
  4. No, because the arrestee cannot access the passenger compartment and the offense does not supply reason to believe evidence is there. Correct answer.

Explanation

Under Arizona v. Gant, a vehicle search incident to arrest is permitted only when the arrestee is within reaching distance of the passenger compartment at the time of the search or when it is reasonable to believe the vehicle contains evidence of the offense of arrest. Neither condition is met here.

Question 7Criminal Law and Procedure

Under Missouri law, a person may use deadly force in defense of himself when he reasonably believes that such force is necessary to protect himself against:

  1. A trespass on his property.
  2. A misdemeanor committed in his presence.
  3. Death or serious physical injury. Correct answer.
  4. Any unlawful physical contact, including an offensive touching.

Explanation

Missouri's defense-of-persons statute permits deadly force only when the actor reasonably believes it is necessary to protect against death or serious physical injury, or certain forcible felonies. Lesser threats justify only lesser force.

Question 8Criminal Law and Procedure

A man grabs a woman's purse. When she holds onto the strap, he pushes her to the ground and takes the purse. The woman suffers a bruised elbow but no serious physical injury, and the man is not armed. Under Missouri law, the man has committed:

  1. Stealing, because the purse was taken without a weapon.
  2. Robbery in the first degree, because force was used against the victim.
  3. Assault in the third degree only, because the woman was injured.
  4. Robbery in the second degree, because he forcibly stole the property. Correct answer.

Explanation

Robbery in the second degree is forcible stealing. Robbery in the first degree requires that the person inflict serious physical injury or be armed with a deadly weapon. The push supplies the force, but the bruise is not serious physical injury and no weapon was used.

Question 9Criminal Law and Procedure

An officer questions a suspect in custody without Miranda warnings until the suspect admits the crime. The officer then reads Miranda warnings, obtains a waiver, and within minutes obtains a second, nearly identical admission. Under Missouri v. Seibert, the second admission is:

  1. Admissible, because the first statement was not physically coerced.
  2. Inadmissible unless the warnings and the break in questioning were effective to ensure the second statement was voluntary and not the product of the unwarned interrogation. Correct answer.
  3. Inadmissible in all cases, because a statement taken after an unwarned statement can never be used.
  4. Admissible, because the officer gave the warnings before the second statement.

Explanation

Seibert condemns the two-step question-first, warn-later technique. The second statement is excluded unless the midstream warnings and any break in time and circumstances were sufficient to dispel the effect of the earlier unwarned interrogation. The totality of the circumstances controls.

Question 10Criminal Law and Procedure

An officer stops a pedestrian without reasonable suspicion, violating the Fourth Amendment. During the stop, the officer learns that the pedestrian has a valid outstanding arrest warrant, arrests him, and finds a handgun in a search incident to that arrest. Under Utah v. Strieff, the handgun is:

  1. Admissible, because a search incident to arrest never requires a warrant.
  2. Inadmissible, because the officer lacked reasonable suspicion for the stop.
  3. Admissible, because the discovery of the valid outstanding warrant attenuated the connection between the unlawful stop and the discovery of the gun. Correct answer.
  4. Inadmissible, because any evidence found after an unlawful stop is automatically excluded.

Explanation

In Utah v. Strieff, the Supreme Court held that discovery of a valid outstanding arrest warrant during an unlawful stop can attenuate the taint, making evidence found in a search incident to the arrest admissible. The stop remains unlawful, but attenuation is a separate inquiry.

Question 11Criminal Law and Procedure

A person in Missouri steals merchandise worth $800 from a retail store. How is that stealing offense classified under Missouri law?

  1. Class A misdemeanor
  2. Class D felony Correct answer.
  3. Class C felony
  4. Class E felony

Explanation

Under RSMo 570.030, stealing property valued at $750 or more but less than $25,000 is a class D felony. An $800 theft falls in that range, so it is not a misdemeanor or a class C felony. Class C felony stealing requires a value of $25,000 or more.

Question 12Criminal Law and Procedure

Under Missouri law, what element elevates a killing from second-degree murder to first-degree murder?

  1. Premeditation for at least twenty-four hours
  2. Deliberation upon the matter before the killing Correct answer.
  3. Malice aforethought
  4. Use of a deadly weapon

Explanation

RSMo 565.020 requires that the defendant knowingly cause the death of another after deliberation upon the matter. Deliberation means cool reflection for any length of time, however brief. Second-degree murder requires knowing causation but not deliberation.

Question 13Criminal Law and Procedure

During a routine traffic stop for a broken taillight, an officer asks the driver who owns the car and where he is going. The driver is not free to leave. Must the officer give Miranda warnings before these questions?

  1. Yes, because the driver is detained and not free to leave.
  2. No, because Miranda applies only after formal charges are filed.
  3. Yes, because questions about ownership are designed to elicit incriminating responses.
  4. No, because routine traffic stops are not custodial for Miranda purposes. Correct answer.

Explanation

Miranda custody requires formal arrest or restraint comparable to formal arrest; an ordinary traffic stop is a temporary detention. Roadside questioning during a routine stop generally is not custodial interrogation. Therefore, warnings are not required before ordinary ownership and destination questions.

Question 14Criminal Law and Procedure

An officer has reasonable suspicion that a man is carrying a concealed weapon based on a bulging waistband and an informant's tip. During a pat-down, the officer feels a small hard object that is immediately identifiable as a weapon. What may the officer do?

  1. Search the man's entire vehicle without a warrant.
  2. Seize the object because it is immediately apparent as a weapon. Correct answer.
  3. Arrest the man before seizing the object.
  4. Continue the frisk until all pockets are emptied.

Explanation

A Terry frisk is limited to a pat-down of outer clothing for weapons when the officer reasonably suspects the person is armed and dangerous. If an object is immediately apparent by plain touch as a weapon or contraband, the officer may seize it. The officer may not empty pockets or expand the search without additional justification.

Question 15Criminal Law and Procedure

A driver consents to a search of her vehicle. Before the officer begins, she says, "Actually, no, I withdraw my consent." The officer has no warrant and no probable cause. What is the officer's lawful course of action?

  1. Detain her until a warrant is obtained regardless of probable cause.
  2. Search anyway because consent was given once.
  3. Search only the passenger compartment because vehicles are mobile.
  4. Stop the search unless independent probable cause or a warrant exists. Correct answer.

Explanation

Consent to search may be limited or withdrawn before the search begins. Once consent is withdrawn, a warrantless search must rest on another exception, such as probable cause plus exigency or the automobile exception. Vehicle mobility alone does not justify a search when probable cause is absent.

Question 16Criminal Law and Procedure

A man comes home, sees his spouse in bed with another person, grabs a gun, and immediately shoots the spouse. How does Missouri law classify this killing?

  1. Involuntary manslaughter because the man acted recklessly.
  2. First-degree murder because a deadly weapon was used.
  3. Second-degree murder because intent was formed immediately.
  4. Voluntary manslaughter because the killing occurred under sudden passion arising from adequate cause. Correct answer.

Explanation

RSMo 565.023 defines voluntary manslaughter to include causing death under the influence of sudden passion arising from adequate cause. Catching a spouse in an act of adultery may constitute adequate provocation that negates deliberation. Because the shooting was immediate, the killing fits voluntary manslaughter rather than murder.

Question 17Criminal Law and Procedure

An officer sees an unarmed burglar fleeing from a residence at night. The officer has no reason to believe the suspect is armed or dangerous. May the officer use deadly force to prevent escape?

  1. Yes, because there is a risk that he will commit another burglary.
  2. No, because deadly force is never permitted against a fleeing suspect.
  3. No, unless the suspect poses a significant threat of serious injury. Correct answer.
  4. Yes, because burglary is a felony and any fleeing felon may be shot.

Explanation

Tennessee v. Garner and RSMo 563.046 limit deadly force against a fleeing suspect to situations where the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury. An unarmed, nondangerous burglar does not meet that standard. The rule is not absolute, so deadly force may still be used when the threat exists.

Question 18Criminal Law and Procedure

An undercover officer repeatedly pressures a man who has no criminal history to sell him drugs. The man initially refuses but finally agrees after the officer offers to pay his rent. The man is charged. Under Missouri law, his best defense is:

  1. No defense, because entrapment applies only to violent crimes and not drug sales.
  2. Entrapment, because the officer offered to pay his rent and that is improper inducement.
  3. Duress, because the officer threatened him with harm if he refused to sell.
  4. Entrapment, because the officer induced conduct and he was not predisposed. Correct answer.

Explanation

RSMo 562.066 provides that a person is not guilty if a public servant incites or induces the offense for the purpose of prosecution, unless the person was ready and willing to commit it. Missouri applies a subjective test that focuses on the defendant's predisposition. Inducement alone is not enough if the defendant was predisposed, but these facts support the defense.

Question 19Criminal Law and Procedure

An officer has probable cause to believe a specific suitcase containing stolen jewelry is in the trunk of a car. The car is stopped on a public street. Without a warrant, the officer may search:

  1. The entire car, including the passenger compartment and every container inside it.
  2. The passenger compartment only, because the trunk is not within reaching distance.
  3. Nothing, because a closed suitcase always requires a separate search warrant.
  4. Only the trunk and the suitcase, matching the scope of probable cause. Correct answer.

Explanation

The automobile exception permits a warrantless search of a vehicle and its containers when probable cause supports it. The scope of the search is defined by the object of the probable cause. When probable cause is limited to a specific suitcase in the trunk, the officer may search the trunk and that suitcase, but not unrelated areas of the car.

Question 20Criminal Law and Procedure

A man agrees to help two others rob a store and loans them a gun. Before the robbery, he tells them he is out and demands the gun back, but they refuse and commit the robbery. Under Missouri law, is he liable as an accomplice?

  1. Yes, because accomplice liability is strict once an agreement is formed.
  2. Yes, because he provided the gun and did not neutralize his assistance. Correct answer.
  3. No, because he withdrew before the crime was committed.
  4. No, because mere words can never establish accomplice liability.

Explanation

Accomplice liability requires that the person act with the purpose of promoting the offense, and withdrawal requires timely repudiation or neutralizing the assistance before the crime. Merely announcing withdrawal while leaving the gun with the others does not undo the aid. He therefore remains liable as an accomplice.

Question 21Patrol Operations and Community Relations

While patrolling a familiar beat, an officer notices a delivery truck parked behind a closed business at an unusual hour. Beat knowledge is most valuable in this situation because it helps the officer:

  1. avoid documenting the observation unless a crime is confirmed
  2. eliminate the need to call for backup before making contact
  3. guarantee that the truck is connected to a burglary in progress
  4. recognize that the person or condition is out of place for that location and time Correct answer.

Explanation

Familiarity with normal people, traffic, and business patterns gives an officer a baseline for spotting anomalies. That baseline supports further observation and appropriate investigation; it does not create probable cause or remove safety and reporting duties.

Question 22Patrol Operations and Community Relations

An officer stops a driver for a burned-out headlight. The officer politely explains the reason for the stop, lets the driver describe recent repair efforts, and explains that a warning will be issued. This encounter best illustrates:

  1. reactive patrol
  2. command presence
  3. selective enforcement
  4. procedural justice Correct answer.

Explanation

Procedural justice emphasizes voice, neutrality, respectful treatment, and trustworthy motives. The officer gives the driver a chance to explain and clearly describes the decision, which supports public trust.

Question 23Patrol Operations and Community Relations

An officer sees three teenagers loitering near a convenience store. One is repeatedly walking to the door, looking inside, and checking the handle while the others watch the street. Which basis for further police action is most consistent with bias-free policing?

  1. The store owner's general dislike of groups gathering outside
  2. The specific behavior at the door and the lookouts' attention to the street Correct answer.
  3. The teens' race and age compared with the neighborhood's usual customers
  4. A hunch that teenagers are more likely to shoplift after dark

Explanation

Bias-free policing requires articulable behavior and circumstances, not stereotypes or group affiliation. The described actions can support reasonable suspicion if they are consistent with an attempted burglary. Race, age, and mere dislike are not proper bases.

Question 24Patrol Operations and Community Relations

Which patrol action is the clearest example of community caretaking rather than criminal enforcement?

  1. Issuing a citation for a school-zone speed violation
  2. Stopping a vehicle because its registration is revoked
  3. Arresting a person on an outstanding warrant
  4. Checking on a stranded motorist who appears confused and waving for help Correct answer.

Explanation

Community caretaking involves intervening for safety or welfare without an enforcement purpose. Checking on a stranded motorist is welfare-oriented; the other options are enforcement actions.

Question 25Patrol Operations and Community Relations

Officers respond to a man sitting on a curb, crying and saying he cannot go on. He is unarmed and not threatening anyone. Which initial approach best reflects crisis intervention principles?

  1. Officers debate his statements loudly with each other to establish who is in charge
  2. Officers stand over him and announce that he must leave or be arrested
  3. Officers immediately handcuff him for his own safety without further assessment
  4. One officer speaks calmly, asks what has happened, and offers available support options Correct answer.

Explanation

Crisis intervention emphasizes calm communication, active listening, assessment, and connection to support. Arrest or restraints are not automatic absent legal and safety justification.

Question 26Patrol Operations and Community Relations

Which practice is most central to community policing?

  1. Increasing the number of traffic stops in every neighborhood
  2. Keeping patrol officers assigned only to radio calls
  3. Limiting public contact so officers remain impartial
  4. Building ongoing partnerships with residents to identify and solve local problems Correct answer.

Explanation

Community policing combines partnership, problem-solving, and organizational support for prevention. It is not simply more traffic stops or reduced public contact.

Question 27Patrol Operations and Community Relations

At a domestic disturbance, two adults are arguing loudly in the doorway; no one is injured and no weapons are visible. Which action best supports a thorough investigation and officer safety?

  1. Leave after telling them to quiet down because no physical injury is visible
  2. Separate the parties and interview each one privately Correct answer.
  3. Arrest the person who called 911 to restore order
  4. Interview both adults together so their accounts can be compared immediately

Explanation

Separating the parties reduces coercion and allows each account to be gathered independently. A visible lack of injury does not eliminate the need to investigate, and the caller is not automatically the suspect.

Question 28Patrol Operations and Community Relations

A business association asks why officers should conduct directed foot patrol in a retail district. Which benefit is most directly related to community relations?

  1. Foot patrol creates informal contacts that can improve information sharing and trust Correct answer.
  2. Foot patrol removes the need for radio dispatch procedures
  3. Foot patrol guarantees a measurable drop in all property crime
  4. Foot patrol allows officers to ignore calls for service while walking

Explanation

Foot patrol increases accessibility and informal interaction, which can build trust and improve information flow. It does not replace dispatch procedures or guarantee crime reductions.

Question 29Patrol Operations and Community Relations

An officer has just seen a suspect run from a burglary. Which radio transmission is most effective for directing responding units?

  1. Suspect: white male, 20s, red hoodie, blue jeans, east on Oak from Fifth Correct answer.
  2. We have a runner near the old store and someone should come quickly because it is busy tonight
  3. All units respond to the area for a possible burglary suspect who might be wearing reddish clothing and may be headed somewhere east
  4. I am in foot pursuit and will provide details later after I catch him

Explanation

Effective urgent broadcasts give concise, ordered identifiers: description, direction, and location. Vague or delayed information wastes responding officers' time and may reduce safety.

Question 30Patrol Operations and Community Relations

A convenience store generates repeated late-night disturbance calls. Which response best reflects problem-oriented policing?

  1. Assign an officer to sit in the lot every night indefinitely
  2. Analyze the recurring calls with the store and community to design a tailored response Correct answer.
  3. Stop responding to the store unless a weapon is reported
  4. Arrest every person present on each call regardless of individual conduct

Explanation

Problem-oriented policing uses analysis to identify underlying conditions and develop tailored responses with stakeholders. Saturation, blanket arrests, and refusing service are not substitutes for problem analysis.

Question 31Patrol Operations and Community Relations

An officer stops a vehicle on a dark two-lane highway. Where should the patrol car be positioned for the best officer safety?

  1. Offset left and slightly behind, emergency lights on. Correct answer.
  2. Directly behind the stopped vehicle, centered in the lane, headlights off.
  3. In front of the stopped vehicle, facing traffic, parking lights only.
  4. Alongside the driver's door, blocking the oncoming lane.

Explanation

Officer safety calls for the patrol car to be offset toward traffic and behind the violator, with emergency lights on to warn approaching drivers. Centering the car or pulling ahead reduces the protective buffer and warning to traffic.

Question 32Patrol Operations and Community Relations

Officers respond to a call where a landlord is trying to remove a tenant's belongings without a court order. What is the most appropriate patrol action?

  1. Order the landlord to stop and leave the property immediately.
  2. Help the landlord inventory the tenant's property for safekeeping.
  3. Keep the peace and explain that the dispute is civil. Correct answer.
  4. Arrest the landlord for theft of the tenant's belongings.

Explanation

Patrol officers keep the peace in civil disputes but do not decide who owns property or enforce a landlord's self-help eviction. If a breach of the peace is occurring, officers may act to stop it, but the underlying dispute belongs in civil court.

Question 33Patrol Operations and Community Relations

An officer takes a report of a missing 10-year-old child from a parent. Which initial action is most appropriate for patrol response?

  1. Interview the parent only after checking the child's school records.
  2. Advise the parent to file a report at headquarters during business hours.
  3. Broadcast description and last known location; check likely places. Correct answer.
  4. Wait 24 hours before accepting the report because the child may return.

Explanation

There is no waiting period for a missing child; prompt broadcast and search of likely locations are critical. Advising the parent to wait or file later delays the response and increases risk.

Question 34Patrol Operations and Community Relations

During a consensual encounter in a public parking lot, a person asks, "Am I free to leave?" The officer has no reasonable suspicion. What is the correct response?

  1. No, you must stay until I finish checking your identification.
  2. I cannot answer that until my supervisor arrives.
  3. You may leave only after I search your vehicle for weapons.
  4. Yes, unless I develop reasonable suspicion. Correct answer.

Explanation

A consensual encounter becomes a detention only when a reasonable person would not feel free to leave. Without reasonable suspicion, the officer must honor the person's question and allow them to go.

Question 35Patrol Operations and Community Relations

What is the primary patrol purpose of completing a field interview report on a person encountered in suspicious circumstances?

  1. To charge the person with a crime even when no probable cause exists.
  2. To document facts that may aid later investigation. Correct answer.
  3. To authorize a warrantless search of the person's vehicle.
  4. To replace the need for a formal incident report in all cases.

Explanation

A field interview report documents observed facts and circumstances that may later connect a person to an investigation. It does not itself create probable cause, replace an incident report, or authorize a search.

Question 36Patrol Operations and Community Relations

At a two-vehicle collision with no apparent injuries on a busy roadway, what should the first arriving officer do first?

  1. Measure skid marks and photograph all vehicle damage immediately.
  2. Release both drivers after exchanging insurance information.
  3. Interview both drivers before moving any vehicles from the travel lanes.
  4. Position the patrol car to protect the scene and divert traffic. Correct answer.

Explanation

The first priority at a crash scene is scene safety: protecting responders, victims, and passing traffic. Interviews and measurements follow once the scene is stabilized.

Question 37Patrol Operations and Community Relations

An officer stops a pedestrian in a high-crime area and explains the reason for the stop, answers questions, and gives the person a chance to explain. Which concept does this best illustrate?

  1. Procedural justice Correct answer.
  2. Reasonable suspicion
  3. Command presence
  4. Community caretaking

Explanation

Procedural justice focuses on fairness of the process: explaining the reason for the stop, allowing voice, and treating the person with dignity. Those actions build legitimacy even when enforcement follows.

Question 38Patrol Operations and Community Relations

An officer begins pursuing a vehicle for a minor traffic violation. Which factor should most influence whether to continue the pursuit?

  1. The officer's familiarity with the neighborhood streets and shortcuts.
  2. The officer's shift ending time.
  3. The speed, traffic conditions, and danger to the public. Correct answer.
  4. The number of passengers in the fleeing vehicle.

Explanation

Pursuit decisions must weigh the danger created by the pursuit against the need to apprehend. Minor offenses rarely justify high-speed pursuit when traffic and speed make the risk unreasonable.

Question 39Patrol Operations and Community Relations

An officer notices a pattern of stopping more drivers of one racial group during a directed traffic detail. What is the most appropriate response under community-oriented policing principles?

  1. Review each stop for a lawful basis and adjust the detail. Correct answer.
  2. Ask the stopped drivers to sign a waiver acknowledging the stop.
  3. Stop the detail entirely and avoid all traffic enforcement in that area.
  4. Continue the stops because the detail was ordered by a supervisor.

Explanation

Bias-free policing requires stops to be based on behavior and articulable facts, not group identity. A supervisor or officer should review the pattern and adjust the detail to focus on documented violations.

Question 40Patrol Operations and Community Relations

At a neighborhood meeting, residents demand that officers "do something" about groups of youths gathering on a corner. Which response best reflects community policing?

  1. Promise immediate arrests of everyone at the corner.
  2. Tell residents to call only when a felony occurs.
  3. Identify specific behaviors and times with residents, then combine patrol and community resources. Correct answer.
  4. Explain that patrol cannot act without a formal petition signed by a majority of residents.

Explanation

Community policing uses partnership and problem-solving rather than promises of mass arrest or refusal to act. Identifying specific behaviors and times lets officers and residents target the actual problem.

Question 41Investigation and Evidence

A patrol officer is the first to arrive at a residence where a shooting has just been reported. After confirming that the suspect has fled and the scene is safe, which action should the officer take next?

  1. Restrict entry to the scene, render aid, and begin a scene entry log. Correct answer.
  2. Start taking close-up photographs of the room for the case file.
  3. Permit the victim's relatives to enter the home so they can comfort the victim.
  4. Pick up the spent cartridge casings before they are stepped on.

Explanation

The first officer's priorities are officer safety, aid to the injured, and then securing and documenting the scene. Restricting access and starting an entry log early prevents contamination and loss of trace evidence. Photography and evidence collection follow only after the scene is stabilized and controlled.

Question 42Investigation and Evidence

While packaging a bloodstained shirt recovered from a vehicle, which entry is essential to the chain-of-custody record?

  1. The date, time, and name of each person who handled it. Correct answer.
  2. The brand and size of the shirt as printed on the label.
  3. The names of every officer who responded to the original call.
  4. The suspect's own account of how the stain came to be there.

Explanation

A chain of custody is an unbroken written record of every person who handled an item, when, and for what purpose, from collection through trial. Each transfer must be recorded with the date, time, and the receiving person's identity or signature. Any gap in that record gives the defense a basis to challenge authenticity.

Question 43Investigation and Evidence

An officer arrests a suspect at his home on a burglary warrant. Which of the following exchanges requires Miranda warnings before the officer may continue?

  1. Questioning at the station about where the stolen property was taken. Correct answer.
  2. Asking him to sign a form acknowledging receipt of his property.
  3. Asking his name and date of birth to complete the booking sheet.
  4. Listening to his unprompted remark made while being handcuffed.

Explanation

Miranda applies to custodial interrogation, meaning questioning initiated after arrest that is reasonably likely to elicit an incriminating response. Asking where stolen property was taken is exactly that kind of question. Booking questions, spontaneous statements, and administrative paperwork fall outside the rule.

Question 44Investigation and Evidence

An officer arrests a driver in a parking lot for driving while suspended, handcuffs him, and secures him in the patrol car. What vehicle search is permitted as a search incident to that arrest?

  1. A search of the entire vehicle because a lawful custodial arrest occurred.
  2. No search of the vehicle, absent consent or another recognized exception. Correct answer.
  3. A search limited to the area the arrestee could reach at the moment of arrest.
  4. A search of the passenger compartment for evidence of the suspension offense.

Explanation

Under Arizona v. Gant, a vehicle may be searched incident to arrest only when the arrestee is unsecured and within reaching distance of the passenger compartment, or when it is reasonable to believe the vehicle holds evidence of the offense of arrest. Here the arrestee is handcuffed in the patrol car and a suspension offense produces no evidence inside the vehicle. Consent, a warrant, or another exception would be needed.

Question 45Investigation and Evidence

Which practice produces the most useful photographic record of a homicide scene?

  1. Photographing items after they have been bagged and labeled.
  2. Taking overlapping wide, medium, and close-up shots before anything is moved. Correct answer.
  3. Photographing only the items the investigator intends to collect.
  4. Taking one wide shot from the doorway to conserve storage space.

Explanation

Scene photography should progress from overall views to mid-range to close-ups, with overlapping frames that let a viewer orient each detail to the whole. All photographs of an item in place must be taken before it is moved, packaged, or altered. This sequence preserves spatial relationships and defends against claims that evidence was staged or moved.

Question 46Investigation and Evidence

A detective is arranging an identification procedure for a robbery witness who saw the offender only briefly. Which procedure best protects the reliability of the identification?

  1. Showing the witness a single photo of the suspect before the formal lineup.
  2. A lineup in which the suspect is the only person matching the witness's description.
  3. A simultaneous photo array shown by the case detective who knows the suspect.
  4. A sequential, double-blind lineup run by an officer unfamiliar with the case. Correct answer.

Explanation

A double-blind administrator who does not know which lineup member is the suspect cannot inadvertently cue the witness through nods, pauses, or body language. Presenting members sequentially discourages the witness from comparing members against one another and simply picking the closest match. Fillers must also resemble the witness's description so the suspect does not stand out.

Question 47Investigation and Evidence

Investigators seize a locked smartphone from a suspect arrested for drug distribution. What must they do before searching its contents?

  1. Hold the phone for 24 hours and search it if no owner claims it.
  2. Have the arresting officer obtain the suspect's consent during booking.
  3. Obtain a search warrant that specifically authorizes a search of the phone's contents. Correct answer.
  4. Nothing further, because the phone was lawfully seized incident to the arrest.

Explanation

Riley v. California held that officers may seize a cell phone incident to arrest but may not search its digital contents without a warrant. The immense quantity and sensitivity of data stored on a phone outweighs the interests that justify a search incident to arrest. A warrant describing the phone and the data sought is required unless a genuine case-specific exigency exists.

Question 48Investigation and Evidence

A knife with visible blood is recovered from a kitchen floor and must be transported about two hours to the laboratory. How should it be packaged?

  1. Wrapped loosely in a paper towel and placed in an open cardboard box.
  2. Sealed in a plastic bag and kept in the warm trunk of the car.
  3. In a rigid container, air-dried if feasible, and kept out of direct heat. Correct answer.
  4. Soaked in a preservative solution and sealed in a jar.

Explanation

Biological evidence degrades rapidly in warm, moist, enclosed conditions because moisture promotes bacterial growth and mold. Items should be air-dried when practicable, placed in breathable or rigid packaging that protects the bloodstain, and kept cool and out of direct sunlight during transport. Plastic bags trap condensation and are avoided for damp biological evidence.

Question 49Investigation and Evidence

A driver is arrested for DWI. He refuses the breath test, and the officer wants a blood sample but has no warrant; traffic is not delayed and a judge is reachable by phone. Which statement is correct?

  1. The officer may order the blood draw because the arrest is a felony DWI.
  2. The officer may order the blood draw because the driver refused the breath test.
  3. The officer may proceed only if the suspect signs a waiver of the warrant.
  4. The officer needs a warrant; dissipation of alcohol alone is not an emergency. Correct answer.

Explanation

In Missouri v. McNeely the Supreme Court held that the natural dissipation of alcohol in the bloodstream is not a per se exigency justifying a warrantless blood draw. Exigency must be judged case by case, and here there is no delay and a judge is available. Refusal of the breath test does not itself supply authority for a compelled blood draw.

Question 50Investigation and Evidence

Officers knock on an apartment door to question a burglary suspect. The suspect's roommate opens the door and says, "Go ahead, look anywhere you want." Which search is supported by that consent?

  1. A search of the shared living room and kitchen, but not the suspect's locked bedroom. Correct answer.
  2. No search at all, because only the suspect may consent to a search of his home.
  3. A search of the suspect's locked bedroom, because both men appear on the lease.
  4. A search of the entire apartment, because the roommate has equal rights to the premises.

Explanation

A person with common authority over shared space may consent to a search of that space, so the roommate's consent covers the living room and kitchen. Common authority does not extend to an area under another resident's exclusive control, such as a locked bedroom, absent that resident's consent or an independent exception. The scope of consent is limited to what a reasonable person would understand it to cover.