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

Question 1

If no probable cause existed when an officer took a certain action, and probable cause is discovered during the arrest:

A)It can be applied retroactively in a few select cases
B)It can be used if a subsequent warrant is obtained
C)It can be used to bolster the arrest if approved by a magistrate during the initial court appearance
D)It cannot be applied retroactively in any circumstances

Answer 1

D

Question 2

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

A)Arrest
B)Frisk
C)Seizure
D)Stop

Answer 2

D

Question 3

The legal principle that illegally obtained evidence can be admitted in court if police using lawful means would have "inevitably" discovered it is known as the:

A)Exclusionary rule
B)Fruit of the poisoned tree
C)The inevitable discovery exception
D)The good faith exception

Answer 3

C

Question 4

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 5

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 6

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 7

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 8

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 9

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 10

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

A)analytical
B)Fair
C)Quiet
D)Reasonable

Question 11

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 12

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 13

____ is the taking into custody of a citizen with the purpose of detaining him or her on a criminal charge.

A)An arrest
B)A stop
C)Detention
D)Seizure

Question 14

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 15

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 16

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 17

The ____ prohibits the use of illegally seized evidence.

A)Exclusionary rule
B)Poisoned tree rule
C)Probable cause rule
D)Reasonable rule

Question 18

The Fourth Amendment protects against:

A)Double jeopardy
B)Unreasonable search and seizure
C)Cruel and unusual punishment
D)Self-incrimination

Question 19

What is the justification required to make an arrest?

A)Exclusionary evidence
B)Mere suspicion
C)Probable cause
D)Reasonable suspicion

Question 20

The purpose of a "frisk" is to discover _____________________.

A)Weapons
B)Evidence
C)The suspect's identity
D)Narcotics

Question 21

Before a judge or magistrate will issue a search warrant, law enforcement officers must provide information showing probable cause that a crime has been or will be committed and:

A)Provide a general description of the area they want to search
B)Specific, written information on the location they want to search and the things they want to seize
C)Provide proof of the offender's identity and place of residence
D)Submit evidence to support the claim of probable cause

Question 22

The ____ 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 23

In order to obtain a search warrant, a police officer must generally provide specific information on the premises to be searched, the illegal activity taking place, the items to be seized, and:

A)Preponderance of the evidence
B)Probable cause
C)Proof beyond a reasonable doubt
D)Reasonable suspicion

Question 24

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

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

Question 25

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

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

Which of the following U.S.Supreme Court cases established the "movable vehicle exception" for vehicle searches?

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

Question 28

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 29

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 30

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 31

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 32

What is the legal basis for the Miranda warning?

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

Question 33

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 34

When making an arrest, an officer may search:

A)Only the body and clothing of the person being arrested
B)Only the body and clothing of the person being arrested, as well as the bodies of any individuals found with the person being arrested
C)The body and clothing of the person being arrested, and the area within the suspect's immediate control
D)The body and clothing of the person being arrested, and the home or building they are in when they are arrested

Question 35

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 36

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 37

If a law enforcement officer has a search warrant authorizing him to search for a laser printer, where can he look during the search procedure for this evidence?

A)Small drawers
B)Jewelry boxes
C)On desktops
D)In a medicine cabinet

Question 38

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 39

What kind of search takes place when an individual gives law enforcement permission to search their persons, homes, or belongings?

A)An automobile search
B)A consent search
C)A search incident to arrest
D)A search within plain view

Question 40

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 41

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

Question 42

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

Question 43

The exclusionary rule prohibits the use of illegally seized evidence.

Question 44

What was the case that gave way to the Miranda warnings?

A)Miranda v.Arizona
B)Miranda v.Arkansas
C)Miranda v.Escobedo
D)Miranda v.The United States

Question 45

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

Question 46

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

Question 47

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

Question 48

In which of the following scenarios must Miranda rights be read to the suspect?

A)During custodial interrogation
B)During a traffic stop
C)When the suspect is being booked
D)During a stop and frisk

Question 49

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

Question 50

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

Question 51

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

Question 52

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

Question 53

If a suspect indicates that they do not wish to be questioned by police, thereby refusing to waive their 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 54

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

A)Being transported to the police station
B)Restrained in handcuffs
C)Being held at the police station
D)Being interrogated

Question 55

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

Question 56

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

Question 57

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 58

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

Question 59

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

Question 60

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

Question 61

A(n) ______________ occurs when police take into custody a person suspected of criminal activity.

Question 62

Explain the exclusionary rule and the exceptions to it.

Question 63

The Fourth Amendment contains a prohibition against ___________________ searches and seizures.

Question 64

Outline and discuss the four major sources that may provide probable cause.

Question 65

List and explain the nine exceptions to the requirement for a search warrant.

Question 66

Discuss the situations in which the Miranda warning is unnecessary.

Question 67

Before going to a judge to ask for a search warrant, officers must prepare a(n) ___________________ in which they provide specific, written information on the property that they wish to search and seize.

Question 68

Explain the difference between a stop and a frisk, and indicate the importance of the case Terry v.Ohio (1968).

Question 69

The ____________________ Amendment guarantees protection against self-incrimination.

Question 70

The practice of targeting people for police stops based solely on their race, ethnicity or national origin is ___________________.