Deck 5: Stop and Frisk and Stationhouse Detention

Question 1

Which of the following firsthand facts and circumstances may an officer use to develop probable cause to arrest a suspect?
I) furtive movements by the suspect
II) an attempt by the suspect to destroy evidence
III) evasive answers by the suspect
IV) the suspect resisting the officer

A) II, IV
B) I, II, III, IV
C) I, II, III
D) I, III

Answer 1

B

Question 2

The majority of arrests:

A) do not require a warrant to make the arrest reasonable as long as there is probable cause to arrest.
B) require a warrant based on probable cause.
C) occur in the home but still do not require a warrant.
D) occur after stops and frisks

Answer 2

A

Question 3

Which of the following hardships are characteristic of an arrest?
I) It may last for hours or even days.
II) It produces written documents that become part of a person's record.
III) It can produce fear and anxiety that are an emotional stress on the suspect.
IV) It can interfere with the suspect earning a living.

A) I, II, III
B) I, II, III, IV
C) I, II
D) II, III

Answer 3

B

Question 4

Which of the following types of information do courts refuse to accept alone as sufficient information to establish probable cause to arrest?
I) anonymous tips
II) victim informant's information
III) direct information of officers
IV) citizen informant's information

A) I
B) I, IV
C) I, II, IV
D) I, II, III, IV

Question 5

In order to be valid, arrest warrants must satisfy certain requirements; these requirements include:
I) a neutral magistrate to determine probable cause to arrest.
II) a sworn statement of facts supporting probable cause.
III) identification of the specific time when the person will be arrested.
IV) specific identification of the person to be arrested.

A) I, II, III, IV
B) I, II
C) I, II, IV
D) I, IV

Question 6

In regard to seizures, the Supreme Court in Payton v. New York held that the Fourth Amendment:

A) requires an arrest warrant to enter a home in exigent circumstances.
B) requires an arrest warrant to enter a home when officers are in hot pursuit.
C) usually requires a warrant to enter a private home to arrest a citizen.
D) requires a warrant to arrest a suspect in a public place.

Question 7

Whether Fourth Amendment seizures are stops or arrests depends on:
I) duration.
II) invasiveness.
III) location.
IV) officer's subjective intent.

A) I, II, III, IV
B) I, II, III
C) I, II
D) II, IV

Question 8

Which of the following constitute exigent circumstances that would allow police to enter a home without a warrant to arrest a suspect?
I) reasonable belief the suspect in the home is armed
II) likelihood the suspect would escape if not arrested quickly
III) police are chasing a fleeing felon who enters a home
IV) police have reason to believe the suspect is dangerous to others in the home

A) I, II, III, IV
B) I, II
C) I, II, IV
D) IV

Question 9

The case of Payton v. New York (1980) dealt with the authority of police to make arrests at a suspect's home. The United States Supreme Court held that a police officer ordinarily:
I) may enter into a suspect's home under any circumstances to make an arrest with or without a warrant.
II) may enter into a suspect's home without an arrest warrant to make an arrest if the arrest is for a felony.
III) may make an entry into the home of a suspect to make a warrantless arrest if
There is evidence beyond a reasonable doubt that the suspect is guilty.
IV) is prohibited from making a warrantless, non-consensual entry into a
Suspect's home to make a routine felony arrest unless exigent circumstances
Excuse the lack of a warrant.

A) I, II, III, IV
B) II, III
C) II, III
D) IV

Question 10

Examples of direct evidence that police can use to build probable cause include:
I) tip from a reliable informant.
II) DNA profile.
III) suspect fleeing an officer.
IV) suspect making furtive movements.

A) II, III, IV
B) III, IV
C) II
D) II, III

Question 11

Arrests involve which of the following characteristics?
I) short in duration
II) need probable cause to support them
III) usually involve removal to a police station
IV) are followed by HIV testing

A) I
B) II, III, IV
C) III, IV
D) II, III

Question 12

A study of probable cause determinations by magistrates, conducted by Professor Abraham Goldstein, found that:
I) most magistrates devote very little time to appraising the affidavit's sufficiency.
II) the police often engaged in "magistrate shopping."
III) magistrates never called witnesses other than the police officer seeking the
Warrant.
IV) magistrates often asked officers questions about the information presented in the warrant application and affidavit.

A) I, II, III
B) I, II, III, IV
C) IV
D) II

Question 13

When an official takes a person into custody and holds him for anywhere between a few hours to a few days to answer for a criminal charge, the official has conducted:

A) a stop.
B) a detention.
C) a custodial arrest.
D) imprisonment.

Question 14

Probable cause deals with:

A) hunches and suspicions.
B) an exact degree of probability.
C) factual and practical considerations of everyday life.
D) having a specified number of facts

Question 15

Stops differ from arrests in that:
I) they occur in public places.
II) they are shorter in duration.
III) they always lead to a frisk or more invasive search.
IV) they produce written records of the police action.

A) I, III
B) II, IV
C) I, II
D) II, III

Question 16

In building probable cause, police officers may rely on what they:
I) see.
II) hear.
III) smell.
IV) taste.

A) I, II
B) I, II, III
C) I, II, IV
D) I, II, III, IV

Question 17

According to the Supreme Court opinion in Draper v. U.S., involving the warrantless arrest of a suspect for transporting illegal drugs, based on an informant's information:
I) hearsay is not legally competent information and can never be used to determine probable cause.
II) hearsay information alone can always be used to establish probable cause.
III) hearsay information verified by the officer's own observations amounted to
Probable cause to arrest Draper.
IV) hearsay information verified by the officer's own observations amounted to reasonable suspicion to stop Draper but not probable cause to arrest him.

A) II, III
B) II, IV
C) III
D) I

Question 18

According to the Supreme Court in Draper v. U.S., involving a narcotics arrest based on an informant's description of a suspect:

A) hearsay cannot be used to determine probable cause.
B) magistrates must determine probable cause before officers make arrests.
C) police officers must have warrants in order to make arrests.
D) hearsay can be used to determine probable cause.

Question 19

In building probable cause, police officers may rely on:
I) direct information
II) hearsay
III) corroborated anonymous tips
IV) tips from informants

A) I, II
B) I, II, III
C) I
D) I, II, III, IV

Question 20

Probable cause to arrest:
I) requires enough facts to lead a police officer to the reasonable belief that the person arrested has committed a crime.
II) is a subjective standard.
III) involves the subjective belief of the police officer making the arrest.
IV) is an objective standard.

A) I, I, III
B) I, IV
C) II, III
D) I

Question 21

Arrests produce written documents that become part of a person's record.

Question 22

Police can never arrest someone for a minor traffic offense.

Question 23

In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court:
I) decided the arrest was unreasonable because it was not supported by probable cause.
II) decided the arrest was reasonable because state law allowed it.
III) decided the arrest was reasonable because the offense was serious.
IV) decided the arrest was unreasonable because Atwater was not a flight risk.

A) IV
B) I, II
C) II
D) II, III

Question 24

In Graham v. O'Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the Supreme Court indicated that:

A) the use of excessive, non-deadly force in making arrests is not covered by the Constitution.
B) the reasonableness of a particular use of force must be judged based on the benefit of hindsight.
C) the question in excessive force cases is whether an officer's actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to his underlying intent.
D) asking whether an officer's actions were "malicious and sadistic" is an important inquiry.

Question 25

Full custodial arrest is not the most invasive type of arrest.

Question 26

In Brigham City Utah v. Charles Stuart and Others (2006), involving police entering a home without a warrant where teenagers were partying, drinking, and officers observed an altercation occurring inside the home, the Supreme Court ruled that:

A) the officers' entry of the home without a warrant violated the Fourth Amendment.
B) the officers had a right to enter without a warrant because they feared the teens would flee from the house if they waited.
C) the officers had the right to enter without a warrant because they had an objectively reasonable basis for believing someone in the home was seriously injured or being threatened with imminent injury.
D) the officers should have called an ambulance and let the EMTs enter without a warrant.

Question 27

Which of the following actions may a police officer take immediately after an arrest?
I) search the suspect
II) use force to subdue unruly suspects to prevent escape
III) conduct a search of the suspect
IV) interrogate the suspect

A) II, IV
B) I, II, IV
C) II
D) I, II, III, IV

Question 28

According to the Supreme Court opinion in Tennessee v. Garner, involving the use of deadly force to apprehend a fleeing burglary suspect, deadly force:

A) is not a Fourth Amendment seizure.
B) to prevent the escape of all felony suspects is constitutionally reasonable.
C) is a Fourth Amendment seizure
D) can never be used for a property crime.

Question 29

The crime of perjury is defined as:

A) violating one's official duties.
B) lying to a magistrate.
C) lying under oath.
D) violating professional ethics.

Question 30

In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, the Supreme Court ruled that:
I) apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment.
II) the use of deadly force to prevent the escape of all felony suspects, whatever the
Circumstances, is constitutionally unreasonable.
III) a police officer may not seize an unarmed, non dangerous suspect by shooting
Him dead.
IV) evidence seized from illegal use of deadly force is not admissible in criminal
Cases.

A) I, II, III, IV
B) I, III
C) I, II, III
D) I, IV

Question 31

In Graham v. O'Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the Supreme Court held that claims of excessive force in the course of making an arrest are to be analyzed under:

A) a substantive due process standard.
B) the Fourth Amendment's "objective reasonableness" standard.
C) a "malicious and sadistic" standard.
D) a subjective standard that focuses on the intentions of the officer making the arrest.

Question 32

In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court decided that:

A) the arrest was reasonable because the offense was repeated and serious.
B) the arrest was unreasonable because the offense was not serious.
C) the decision to arrest should be left to officer discretion.
D) the arrest was unreasonable since Atwater was not a flight risk.

Question 33

The landmark Supreme Court case of Tennessee v. Garner (1985) involved the authority of police to use deadly force to stop fleeing felons. In this case, the Supreme Court held that:

A) deadly force could be used only if the officer using deadly force had probable cause to believe the fleeing felon posed a physical danger to himself or others.
B) the Constitution does not address such a situation.
C) deadly force could be used only if the officer using it had reasonable suspicion that the fleeing felon posed a physical danger to himself or others.
D) deadly force could be used by the officer only if there was no other means reasonably available to stop the fleeing felon.

Question 34

Most cases demand that arrest warrants identify the person to be arrested:

A) with absolute certainty.
B) in sufficient detail so that it leaves nothing to the discretion of the arresting officer.
C) with reasonable certainty.
D) by name.

Question 35

In Atwater v. City of Lago Vista, the Supreme Court ruled that:

A) the Fourth Amendment does not prohibit a warrantless arrest for a minor offense, including a traffic misdemeanor violation.
B) the Fourth Amendment prohibits a warrantless arrest for a minor offense, including a traffic misdemeanor violation.
C) the Fourth Amendment prohibits a warrantless arrest for a traffic misdemeanor violation.
D) the Fourth Amendment requires that in order to effect an arrest for a traffic misdemeanor violation there should be reasonable suspicion that the suspect has also committed a felony.

Question 36

An officer's subjective, honest belief that a crime has been committed is enough to support probable cause to arrest.

Question 37

After an arrest, which of the following do the police not commonly do?

A) take DNA samples from the arrested person
B) fingerprint the suspect
C) interrogate the suspect
D) search the suspect

Question 38

Arrests are usually shorter in duration than stops.

Question 39

Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:

A) Federal Criminal Code.
B) Federal Rules of Evidence.
C) Federal Code of Regulations.
D) Federal Rules of Criminal Procedure.

Question 40

The vast majority of arrests:

A) are made with deadly force.
B) are made without the use of any force.
C) are made with the use of nondeadly force.
D) are made with the use of unreasonable force.

Question 41

The objective basis necessary for a police officer to make an arrest is ____________.

Question 42

Information known by police based on what they see, hear and smell is ______________.

Question 43

In determining probable cause, police officers must rely solely on direct information.

Question 44

Information received by the police from third persons is called ______________.

Question 45

All arrests must be supported by ____________________.

Question 46

Police can arrest a suspect in the suspect's home without a warrant if there are
__________ circumstances that would justify such an arrest.

Question 47

Unless the police are in hot pursuit of a suspect, the Fourth Amendment usually requires a warrant to enter a private home to make arrests.

Question 48

The main sources of hearsay information used to establish probable cause in most arrests that rely on hearsay are ________________________.

Question 49

Facts and circumstances which lead a reasonable officer to believe a crime has been, is being, or is about to be committed constitutes ____________________.

Question 50

A written, sworn statement submitted to a magistrate by a police officer seeking an arrest or search warrant is called a(n) .

Question 51

The reasonableness of an arrest depends on the existence of ____________ and the __________ in which the arrest is made.

Question 52

The Fourth Amendment requires that magistrates base their probable cause determination on information sworn to under oath.

Question 53

Deadly force can never be used to make an arrest.

Question 54

According to the U.S. Supreme Court, so long as officers have probable cause, they do not need to obtain prior judicial approval to make an arrest in a public place.

Question 55

There is a bright line difference between an arrest and a stop.

Question 56

Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment seizure.

Question 57

In Draper v. United States, the Supreme Court found that information that may not be admissible at trial to prove guilt could still be used to establish probable cause.

Question 58

The U.S. Supreme Court has ruled that a warrant is necessary to effect a routine arrest of a suspect in their _____________.

Question 59

Victims and witnesses are the source of most hearsay information the police obtain.

Question 60

Whether police used excessive force in making a nondeadly force arrest is measured by an objective standard.

Question 61

Make a list of facts officers can take into account in building probable cause. What use can officers make of hearsay in building probable cause?

Question 62

Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

Question 63

Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

Question 64

Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.