Deck 6: Police and the Constitution--The Rules of Law Enforcement

Question 1

A law enforcement officer on border patrol does not need a warrant to search vehicles crossing the border. This exception to the search warrant is referred to as:

A) an automobile search.
B) a border search.
C) a consent search.
D) a hot pursuit search.

Answer 1

B

Question 2

When police are conducting a search or seizure, they must be:

A) analytical.
B) fair.
C) quiet.
D) reasonable.

Answer 2

D

Question 3

The Fourth Amendment protects against:

A) double jeopardy.
B) unreasonable search and seizure.
C) cruel and unusual punishment.
D) self-incrimination.

Answer 3

B

Question 4

The "good faith" exception to the exclusionary rule was established by case law in:

A) United States v. Leon
B) Brewer v. Williams
C) Nix v. Williams
D) Carroll v. United States

Question 5

The Court has established that the _____does not require police to obtain a warrant to search automobiles or other movable vehicles when they have probable cause to believe that a vehicle contains contraband or evidence of criminal activity.

A) Second Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 6

The reasoning behind the warrantless search of automobiles is that:

A) because they traverse public roadways, there is no expectation to privacy in one's vehicle.
B) vehicles contain an area too small to require a search warrant.
C) vehicles are moveable and could drive away before the officer could obtain a warrant.
D) vehicles can have more than one driver, therefore they are not considered under the Fourth Amendment right to be free from unreasonable searches.

Question 7

The Fourth Amendment contains two critical legal concepts: a prohibition against unreasonable searches and seizures and:

A) a trial by a jury of peers.
B) prohibition against cruel and unusual punishment.
C) requirement of probable cause to make an arrest.
D) requirement of reasonable suspicion to make an arrest.

Question 8

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person, is:

A) reasonable suspicion.
B) probable cause.
C) search cause.
D) clear and convincing evidence.

Question 9

A(n)_____ is the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial.

A) arrest
B) frisk
C) search
D) stop

Question 10

In ______, the Court ruled that police may search any area within the suspect's "immediate control" to confiscate any weapons or evidence that the suspect could destroy.

A) United States v. Robinson
B) Chimel v. California
C) Mapp v. Ohio
D) California v. Greenwood

Question 11

Generally speaking, which of the four sources of probable cause mentioned in the text is not strong enough to stand alone?

A) information
B) evidence
C) association
D) personal observation

Question 12

The________ prohibits the use of illegally seized evidence.

A) exclusionary rule
B) poisoned tree rule
C) probable cause rule
D) reasonable rule

Question 13

If a law enforcement officer has a search warrant authorizing him to search for a desktop computer located in the office of the suspect's house, where can he look during the search procedure for this evidence?

A) the living room
B) any room in the house
C) in the office
D) in a medicine cabinet

Question 14

Which of the following cases sets the standard for consent searches?

A) Carroll v. United States
B) Chimel v. California
C) Mapp v. Ohio
D) Schneckloth v. Bustamonte

Question 15

A(n) is a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence.

A) affidavit
B) arrest warrant
C) search
D) search warrant

Question 16

Suppose a traffic officer pulls over a person for speeding, looks in the driver's window, and clearly sees what appears to be a bag of heroin resting on the passenger seat. Under the_______ , law enforcement officers may seize the drugs without a warrant.

A) exclusionary rule
B) fruit of the poisoned tree
C) inevitable evidence exception
D) plain view doctrine

Question 17

In ______________ (2012), the U.S. Supreme Court found that the government had "physically occupied" private property via a GPS device over a prolonged period of time.

A) United States v. Jones
B) Florida v. Jardines
C) Katz v. United States
D) California v. Greenwood

Question 18

Any physical or verbal evidence police are able to acquire by using illegally obtained evidence is known as:

A) fruit of the poisoned tree.
B) the exclusionary rule.
C) the rotten apple doctrine.
D) exculpatory evidence.

Question 19

The recognized standard for a "reasonable expectation of privacy" was established by which of the following court cases?

A) Katz v. United States
B) Mapp v. Ohio
C) Terry v. Ohio
D) United States v. Cortez

Question 20

A(n)_____ is the forcible taking of a person or property in response to a violation of the law.

A) arrest
B) frisk
C) search
D) seizure

Question 21

Which case law established stop and frisk?

A) Carroll v. United States
B) Mapp v. Ohio
C) Terry v. Ohio
D) Weeks v. United States

Question 22

What is the justification required to make an arrest?

A) exclusionary evidence
B) mere suspicion
C) probable cause
D) reasonable suspicion

Question 23

Electronic surveillance of a suspect cannot last more than_______ without a judicial extension.

A) 10 days
B) 30 days
C) 60 days
D) 90 days

Question 24

A(n)______ is a brief detention of a person by law enforcement agents for questioning.

A) arrest
B) frisk
C) seizure
D) stop

Question 25

The direct questioning of a suspect to gather evidence of criminal activity and try to gain a confession is called a(n):

A) frisk.
B) interrogation.
C) seizure.
D) interview.

Question 26

A(n) __________is a situation that requires extralegal or exceptional actions by the police. In these circumstances, police officers are justified in not following procedural rules, such as those pertaining to search and arrest warrants.

A) exclusionary circumstance
B) exigent circumstance
C) rare circumstance
D) reasonable circumstance

Question 27

According to the textbook, which of the following is NOT one of the exigent circumstances that exempt law enforcement officers from having to "knock and announce" their identity before entering a dwelling of an arrest warrant?

A) a felony is being committed at the time the officer enters
B) no one is home at the time of the execution of the warrant
C) persons inside are destroying evidence
D) suspect is armed and poses a strong threat

Question 28

A pat-down or minimal search by police to discover weapons with the purpose of protecting the officer or other citizens, and not to find evidence of illegal substances for use in a trial, is referred to as a(n):

A) arrest
B) frisk
C) seizure
D) stop

Question 29

Given the invasiveness of electronic surveillance, the Supreme Court has generally held that the practice is prohibited by _____________________.

A) the Fourth Amendment
B) the Fifth Amendment
C) the Sixth Amendment
D) the Eighth Amendment

Question 30

What is the scope of the search during a stop?

A) area within the suspect's immediate control
B) area within the suspect's reach
C) nothing can be searched
D) outer clothing only

Question 31

For Miranda to be required, a suspect must be in custody and also:

A) transported to the police station.
B) restrained in handcuffs.
C) held at the police station.
D) interrogated.

Question 32

Arrest warrants are written orders based on probable cause and issued by a:

A) law enforcement officer.
B) prosecuting attorney.
C) grand jury.
D) judge.

Question 33

To determine whether a stop is based on reasonable suspicion, the court uses a________ test.

A) probable cause
B) justification
C) beyond a reasonable doubt
D) totality of the circumstances

Question 34

The purpose of a frisk is to discover:

A) weapons.
B) evidence.
C) the suspect's identity.
D) narcotics.

Question 35

In a(n) _______the intent of the officer is to investigate suspicious activity.

A) arrest
B) stop
C) frisk
D) seizure

Question 36

What is the legal basis for the Miranda warning?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Eighth Amendment

Question 37

The _______of 1978 allowed for surveillance of a suspect without a warrant as long as the "primary purpose" of the surveillance was to investigate foreign spying and not to engage in criminal law enforcement.

A) Racketeer Influenced and Corrupt Organizations Act
B) Patriot Act
C) Foreign Intelligence Surveillance Act
D) Surveillance Enforcement Act

Question 38

Coolidge v. New Hampshire established the doctrine for plain view searches. Which of the following is not one of the required criteria?

A) The item is positioned so as to be detected easily by the officer.
B) The officer immediately recognizes the illegal nature of the item.
C) The officer is legally in a position to notice the item in question.
D) The suspect does not object to the officer finding the item.

Question 39

If a suspect indicates that he or she does not wish to be questioned by police, thereby refusing to waive his or her Miranda rights, the officers should:

A) send another officer in to continue questioning the suspect.
B) attempt to convince the suspect to waive his or her Miranda rights.
C) stop questioning the suspect immediately.
D) continue questioning the suspect, but only until his or her attorney arrives.

Question 40

A(n)_________ is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge.

A) arrest
B) frisk
C) seizure
D) stop

Question 41

Law enforcement officers are not allowed to access cell phone records of those locations without a warrant to trace the movement of suspects.

Question 42

If Detective Collins went undercover and approached the window of the suspect's home and purchased crack cocaine, what source of probable cause would this be?

A) personal observation
B) information
C) evidence
D) association

Question 43

Detective Collins and his team, with their arrest warrant, went to the suspect Jack's home. They knocked on the door. Jack was not home but when the suspect's brother, Tom, opened the door, he let them into the home. Detective Collins and his team asked if they could look around for the suspect. Tom said it was fine for the officers to look around the home. Soon after, Detective Collins found approximately 100 crack rocks on the table next to a window in one of the bedrooms. Which exception to the search warrant requirement allowed Detective Collins to seize the crack cocaine?

A) incident to a lawful arrest
B) consent
C) stop and frisk
D) hot pursuit

Question 44

The exclusionary rule prohibits the use of illegally seized evidence.

Question 45

Case 6-2
Officer Martinez pulls over Heather for speeding. As he is getting out of his vehicle, he hears over the radio that a stabbing just occurred a few blocks away. The suspect in the stabbing was described as a young female with red hair. As Officer Martinez approaches the car, he notices the female that is driving the car has red hair. He also notices that there is a bloody knife in the back seat of the vehicle. Officer Martinez immediately calls for backup and orders Heather out of the vehicle.
Which case announced that a warrantless search of a vehicle is allowed if the arresting officer believes that the car contains evidence pertinent to the same crime for which the arrest took place?

A) New York v. Belton
B) Arizona v. Gant
C) Coolidge v. New Hampshire
D) Burger v. New York

Question 46

Case 6-1
Detective Collins was conducting an investigation on an individual who was suspected of being a drug dealer. Detective Collins and his team often used an informant who was able to provide specific information that the suspect often sold drugs out of his home. Previous information provided by this informant has proven to be reliable. Detective Collins also conducted surveillance on the suspect's home. Detective Collins saw many people walking up to the window located on the south side of the suspect's house. The individuals would walk up to the window and knock three times. Moments later an individual would open the window and hand something to the individual outside.
Conducting surveillance on the suspect's home is what source of probable cause?

A) personal observation
B) information
C) evidence
D) association

Question 47

Case 6-2
Officer Martinez pulls over Heather for speeding. As he is getting out of his vehicle, he hears over the radio that a stabbing just occurred a few blocks away. The suspect in the stabbing was described as a young female with red hair. As Officer Martinez approaches the car, he notices the female that is driving the car has red hair. He also notices that there is a bloody knife in the back seat of the vehicle. Officer Martinez immediately calls for backup and orders Heather out of the vehicle.
Heather was brought into the police department for questioning. Detectives start questioning Heather about the stabbing. Heather chooses not to incriminate herself and refuses to provide information about the crime. Which constitutional amendment allows Heather to remain silent?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 48

In California v Greenwood the U.S. Supreme Court felt that the suspect had a reasonable expectation of privacy when it came to his garbage bags.

Question 49

The most frequent exception to the warrant requirement involves searches with consent.

Question 50

Most arrests are made without prior judicial approval in the form of a warrant because most arrests are the result of quick police reaction to the commission of a crime.

Question 51

The burden of probable cause requires more than the mere suspicion on a police officer's part.

Question 52

If a court finds that a person has been physically threatened or otherwise coerced into giving consent, the search is invalid.

Question 53

Case 6-1
Detective Collins was conducting an investigation on an individual who was suspected of being a drug dealer. Detective Collins and his team often used an informant who was able to provide specific information that the suspect often sold drugs out of his home. Previous information provided by this informant has proven to be reliable. Detective Collins also conducted surveillance on the suspect's home. Detective Collins saw many people walking up to the window located on the south side of the suspect's house. The individuals would walk up to the window and knock three times. Moments later an individual would open the window and hand something to the individual outside.
What source of probable cause would be what the informant provided to Detective Collins?

A) personal observation
B) information
C) evidence
D) association

Question 54

Information provided by an informant is not sufficient to establish probable cause; rather, physical evidence must be present.

Question 55

The right to be free from unreasonable search and seizure is contained within the Fifth Amendment to the Constitution.

Question 56

With the information received from the informant and his undercover operation and surveillance of the suspect, Detective Collins believed that he established probable cause, which meant that he would now be able to obtain an arrest warrant. Who is the only individual that can issue an arrest warrant?

A) chief of police
B) detective
C) judge or magistrate
D) prosecutor

Question 57

When using a search warrant, law enforcement officers are justified in seizing items resulting from the crime in question.

Question 58

United States v. Leon established the "good faith" exception to the exclusionary rule.

Question 59

A seizure is the act of taking possession of a person or property.

Question 60

Case 6-2
Officer Martinez pulls over Heather for speeding. As he is getting out of his vehicle, he hears over the radio that a stabbing just occurred a few blocks away. The suspect in the stabbing was described as a young female with red hair. As Officer Martinez approaches the car, he notices the female that is driving the car has red hair. He also notices that there is a bloody knife in the back seat of the vehicle. Officer Martinez immediately calls for backup and orders Heather out of the vehicle.
Officer Martinez places Heather in handcuffs and has her sit in the back seat of his police car. While Heather is being watched by the backup officer, Officer Martinez goes into the back seat of Heather's car and seizes the bloody knife and places it into an evidence bag. Which exception allows Officer Martinez to legally seize the bloody knife?

A) abandoned property
B) border searches
C) plain view
D) stop and frisk

Question 61

A police officer must issue a Miranda warning to the suspect when he or she intends to conduct a stop and frisk.

Question 62

An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge.

Question 63

Probable cause is required for a police officer to conduct a stop and frisk.

Question 64

Police officers can never arrest someone without an arrest warrant.

Question 65

A law enforcement officer needs reasonable suspicion or probable cause that a crime has taken place when using
the "knock and talk" strategy.

Question 66

Police officers are not required to tell suspects undergoing custodial interrogation that their attorney is trying to
reach them.

Question 67

A frisk can only be conducted to discover weapons.

Question 68

The Miranda warning is designed to ensure a suspect's Fifth Amendment protection against self­incrimination.

Question 69

The Fourth Amendment contains a prohibition against___________ searches and seizures.

Question 70

A person's race or ethnicity alone cannot provide reasonable suspicion for stops and frisks.

Question 71

Of the four major sources of probable cause,_________ is not adequate to establish probable cause.

Question 72

A police chief can issue an arrest warrant.

Question 73

Suspects may be questioned without having a lawyer present if the interrogation does not focus on the crime for which he or she was arrested, even though it does touch another closely related crime.

Question 74

Under exigent circumstances law enforcement officers need not announce their presence during the execution of an arrest warrant.

Question 75

A Miranda warning is not needed when police are asking "routine" questions such as name and address.

Question 76

__________is reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

Question 77

Police officers are allowed to use a frisk as a "fishing expedition" to find items besides weapons.

Question 78

During a frisk, officers may search the area within the immediate control of the suspect.

Question 79

For the most part the judicial system has refrained from placing restrictions on a police officer's ability to make
stops.

Question 80

When conducting a search incidental to arrest, officers may only search the suspect's body and clothing for
evidence or weapons.