Deck 6: Arrests

Question 1

Whether or not a seizure has occurred is viewed from the perspective of a reasonable under those particular facts and circumstances.

A)person
B)police officer
C)judge
D)spectator

Answer 1

A

Question 2

Taking a person into custody by use of firearms is a type of:

A)Constructive seizure
B)De facto seizure
C)Actual seizure
D)De jure seizure

Answer 2

C

Question 3

According to Welsh v.Wisconsin (1984),what must a law enforcement officer consider when determining whether or not there are exigent circumstances justifying a warrantless entry into a home?

A)Time elapsed since the offense was committed
B)Seriousness of the offense
C)Number of offenders involved
D)Difficulty of obtaining a warrant quickly

Answer 3

B

Question 4

Which of the following acts by a law enforcement officer would NOT be a seizure of a person?

A)Arrest
B)Stop
C)Asking questions
D)Executing a bench warrant

Question 5

Why do roadblocks to control the flow of illegal aliens need less protection than other locations under the Fourth Amendment?

A)They are not highly intrusive.
B)There is a strong governmental interest involved.
C)Due to exigent circumstances.
D)Both because there is strong governmental interest and they are unobtrusive.

Question 6

In Payton v.N.Y.(1980)the U.S.Supreme Court held that police,in the absence of consent or exigent circumstances,may not enter a suspect's home to make a:

A)routine,warrantless felony arrest.
B)search for a suspect of a violent crime.
C)search for evidence of an offense that is only a misdemeanor.
D)warrantless,hot pursuit arrest of a felon.

Question 7

Police are not required to obtain a warrant,even if they have time,in which of the following locations?

A)A public place
B)Their home
C)The home of another person ive.
D)A foreign country

Question 8

What must a police officer present to a magistrate to obtain an arrest warrant?

A)An affadavit
B)A capias
C)An indictment
D)An information

Question 9

A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions.This action by the officer:

A)must be justified by a warrant.
B)is the equivalent of an arrest.
C)is the equivalent of a stop.
D)is not a seizure.

Question 10

The requirement of intention to arrest is hard to prove because it exists only in the mind of the:

A)detainee.
B)judge.
C)attorney.
D)police officer.

Question 11

An arrest,like a stop,is a Fourth Amendment:

A)seizure of property.
B)search of property.
C)search of a person.
D)seizure of a person.

Question 12

The police have a warrant to arrest Tom Jones.They discover that he is in the home of Jim Smith.To lawfully arrest Jones in Smith's house,the police:

A)must obtain a search warrant for Smith's home.
B)have proper authority with just the warrant for Jones' arrest.
C)must obtain a warrant for Smith's arrest.
D)must obtain consent from Jones to enter Smith's home.

Question 13

__________is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation?

A)Stop
B)Frisk
C)Arrest
D)Stationhouse detention

Question 14

In 2000,in Atwater v.City of Lago Vista,the U.S.Supreme Court held that the Fourth Amendment does not prohibit a warrantless arrest for:

A)any offense in a public place.
B)a felony committed in the presence of the officer.
C)a misdemeanor not committed in the officer's presence.
D)a minor criminal offense punishable only by a fine.

Question 15

An arrest warrant which has a detailed description of the suspect but does not have the suspect's name is known as a(n)warrant.

A)nominal
B)John Doe
C)no name
D)unidentified

Question 16

In general,before serving or executing an arrest or search warrant at a residence,the officers must:

A)verify that someone is home.
B)obtain a photograph of the suspect.
C)obtain a capias.
D)knock and announce their identity and purpose.

Question 17

What are the two types of seizure?

A)Actual and practical
B)Actual and destructive
C)Actual and constructive
D)Factual and constructive

Question 18

Which of the following is NOT one of the elements of arrest?

A)Seizure
B)Detention
C)Arrest authority
D)Perception of the officer

Question 19

Whose perception determines whether a person has been arrested?

A)The police officer
B)The person being detained
C)The judge
D)Areasonable person

Question 20

In Wilson v.Layne (1999)the Court held that which of the following situations violated the Fourth Amendment?

A)Media ride-alongs
B)Warrantless misdemeanor arrests
C)Warrantless felony arrests
D)Police videotaping of drug busts

Question 21

The police may not enter a suspect's home to make a routine felony arrest without a warrant in the absence of:

A)consent.
B)reasonable suspicion.
C)eyewitness testimony.
D)None of the answers are correct.

Question 22

Citizen's arrest is authorized by:

A)the constitution.
B)the Supreme Court.
C)statutory law.
D)common law.

Question 23

In most states,warrants are issued by:

A)lawyers.
B)judges.
C)jurors.
D)prosecutors.

Question 24

The idea behind the requirement that officers announce their purpose before breaking into a residence is to:

A)enable voluntary compliance by the suspect
B)avoid violence
C)warn innocent occupants
D)enable voluntary compliance by the suspect and avoid violence

Question 25

If an arrest is invalid,the:

A)court will be deprived of jurisdiction over the arrestee.
B)arrest will be suppressed.
C)evidence obtained during or after the arrest may be suppressed.
D)prosecution may not present the case to the grand jury.

Question 26

Police have a general power to arrest without a warrant under certain circumstances.Which of the following is NOT one of those circumstances?

A)A misdemeanor committed in their presence
B)A misdemeanor committed outside their presence
C)Exigent circumstances
D)Crimes committed in public places

Question 27

To secure the issuance of a warrant,an affidavit must be filed before a magistrate,showing for arrest of the accused.

A)a totality of circumstances
B)reasonable doubt
C)probable cause a preponderance of evidence
D)None of the answers are correct.

Question 28

The justification for the search of an arrestee's person on arrival at the station is to:

A)search for drugs.
B)search for evidence of a crime.
C)inventory the contents of his pockets.
D)search for weapons.

Question 29

Which of the following can the police do during an arrest?

A)Use handcuffs
B)Strip or body-cavity search without reasonable suspicion
C)Conduct a warrantless sweep unless justified
D)Enter a third-party residence,except in exigent circumstances

Question 30

A writ from a court ordering a person to appear in court at a specified time is known as a:

A)warrant.
B)notice.
C)citation.
D)warrant pro tempore.

Question 31

In Kennedy v.Los Angeles Police Department (1989),the Supreme Court addressed the issue of intrusiveness with regard to:

A)arrest.
B)stationhouse detention.
C)anal and cavity searches.
D)immigration and border searches.

Question 32

Which of the following is a court order or writ that commands a police officer to take a person into custody?

A)Citation
B)Summons
C)Capias
D)Complaint

Question 33

Which of the following exceptions to the knock-and-announce rule have been ruled as unconstitutional?

A)Blanket exceptions
B)Danger to officers
C)Destruction of evidence
D)Someone inside is in danger

Question 34

The use of force is governed by:

A)the U.S.Constitution.
B)state law.
C)judicial decision.
D)All of the answers are correct.

Question 35

Which of the following is NOT a legitimate objective of an inventory search?

A)To protect the arrestee's property while he or she is in jail
B)To find any drugs on the arrestee's person
C)To verify the identity of the arrestee
D)To protect the police from groundless claims that they have not adequately safeguarded the defendant's property

Question 36

In some states warrants can be served by peace officers and:

A)a properly designated private citizen.
B)attorneys.
C)state attorney general.
D)both attorneys and properly designated private citizens.

Question 37

Which of the following is required to be in a warrant?

A)The offense charged
B)The person's name
C)The person's home address
D)The person's work address

Question 38

The rule on use of force is that non-deadly force may be used as long as it is:

A)prudent.
B)measured.
C)helpful.
D)reasonable.

Question 39

What standard of proof is required for a body cavity search?

A)Probable cause
B)Preponderance of the evidence
C)A hunch
D)Reasonable suspicion

Question 40

In Illinois v.McArthur (2001),the U.S.Supreme Court held that it was not a violation of the Fourth Amendment to detain a suspect:

A)outside his home on exigent circumstances while police obtained a search warrant.
B)while police are executing a search warrant in the suspect's home.
C)during a media ride-along.
D)who was named in an extradition warrant.

Question 41

After the arrest,Officer Deeter:

A)can search the area of immediate control.
B)can search the entire house.
C)cannot use handcuffs until there is an arrest warrant.
D)can tow the arrestee's car which is in the garage.

Question 42

An arrest is a Fourth Amendment of a person.

Question 43

The test used to determine if a seizure has occurred is the person test.

Question 44

A seizure that occurs with force or touching the suspect is called a(n)seizure.

Question 45

The standard of force used in an arrest must be
__________

Question 46

If what Officer Jones has done is a legal arrest,Officer Jones must:

A)conduct a pat-down for weapons.
B)begin an interrogation.
C)display an intention to arrest.
D)use handcuffs.

Question 47

The Fourth Amendment requires that a magistrate evaluating an officer's request for a warrant be
and detached.

Question 48

Since this body cavity search for cocaine is more intrusive,greater is given by the courts.

A)reasonableness
B)discretion
C)authority
D)protection

Question 49

Whether Hank has been seized or not is determined by the standard of:

A)the perception of the officer.
B)a reasonable person.
C)the perception of the suspect.
D)the court.

Question 50

If what Officer Jones has done is an arrest,the encounter must be a(n):

A)stop.
B)frisk.
C)actual or constructive seizure.
D)interrogation.

Question 51

If what Officer Jones has done is a legal arrest,Officer Jones must:

A)have arrest authority.
B)use handcuffs.
C)read the Miranda warning.
D)conduct a pat-down for weapons.

Question 52

__________are electric stun guns that "shoot barbs that deliver 50,000 volts of electricity to the body and incapacitate the target they hit."

Question 53

There are two types of arrest: with and without a(n).

Question 54

The term seizure in criminal procedure is broader than the term

Question 55

After the arrest,Officer Deeter:

A)can search anyone within view of the arrestee.
B)cannot use handcuffs until there is an arrest warrant.
C)can tow the arrestee's car which is parked in the driveway.
D)can use handcuffs.

Question 56

If what Officer Jones has done is a legal arrest,Officer Jones must:

A)have probable cause.
B)be a uniformed officer.
C)knock and announce.
D)have reasonable suspicion.

Question 57

Arrests have elements,including seizure and detention.

Question 58

An arrest warrant that contains a description of the suspect,but not the suspect's name,is called a(n)
____________warrant.

Question 59

After the arrest,Officer Deeter:

A)cannot use handcuffs until there is an arrest warrant.
B)can search the arrestee.
C)can search bystanders.
D)can search both the arrestee and bystanders.

Question 60

The taking of Hank into custody is a:

A)seizure.
B)frisk.
C)stop.
D)capias.

Question 61

The validity of an arrest is determined primarily by federal constitutional standards,particularly the requirement of
____________.

Question 62

Although arrest is only one form of seizure,in terms of intrusiveness,it is one of the intrusive.

Question 63

The Supreme Court has ruled that roadblocks to control the flow of illegal aliens do not need much protection under__________the Fourth Amendment,because they are not highly intrusive and there is a strong interest involved.

Question 64

__________force is force that a prudent and cautious person would use if exposed to similar circumstances.

Question 65

A warrant issued when a person does not appear for a hearing is a(n)warrant.

Question 66

The knock-and-announce rule is part of the Amendment's requirements.

Question 67

__________under the Fourth Amendment is broader than the term arrest.

Question 68

__________is force that,when used,poses a high risk of death or serious injury.

Question 69

A(n)for an offense not punishable with jail or prison time is valid.

Question 70

The Amendment requires that the police must announce their purpose before breaking into a dwelling.

Question 71

A warrant issued when the person to be arrested is well described in the warrant,but not identified by name is a(n)
____________ warrant.

Question 72

The legal test to determine whether a seizure has occurred is the perception of a(n)person based
on a totality of circumstances.

Question 73

Which is more intrusive under the Fourth Amendment: body cavity searches or immigration and border searches?
______________

Question 74

The more the intrusion,the greater is the protection given by the courts.

Question 75

In the absence of circumstances or consent,the police may not enter a private home to make a routine warrantless arrest.

Question 76

One of the four elements of an arrest is seizure and .

Question 77

The rule is not required by the Fourth Amendment when executing warrants.

Question 78

The police may not enter a private home to make a routine arrest unless there is consent.

Question 79

The taking of a person into custody against his will for the purpose of criminal prosecution is a(n)_.

Question 80

Nondeadly force may be used as long as it is .