Deck 4: Stop and Frisk

Question 1

What case established the nature of a reasonable stop regarding suspected "balloon swallowers"?

A)U.S. v. Montoya de Hernandez (1985)
B)Terry v. Ohio (1968)
C)Arizona v. Johnson (2009)
D)Illinois v. Lidster (2004)

Answer 1

A

Question 2

There are two parts to the Fourth Amendment: the reasonableness clause and the:

A)warrant clause.
B)objective clause.
C)subjective clause.
D)suspicion clause.

Answer 2

A

Question 3

Which of the following is considered a type of hearsay information?

A)statements by fellow officers
B)resisting an officer
C)contradictory answers
D)hiding

Answer 3

A

Question 4

In Illinois v. Lidster (2004), SCOTUS held that:

A)a DUI checkpoint was constitutional.
B)a drug interdiction information checkpoint was constitutional.
C)a sexual assault information checkpoint was constitutional.
D)a hit-and-run information checkpoint was constitutional.

Question 5

In the 1960s, SCOTUS shifted away from the conventional approach to what new approach?

A)the subjective Fourth Amendment approach
B)the objective Fourth Amendment approach
C)the balancing Fourth Amendment approach
D)the reasonableness Fourth Amendment approach

Question 6

Which of the following will not support stopping vehicles at a roadblock?

A)driver's license checks
B)general checks to see if drivers might be committing any crime
C)vehicle safety checks
D)agricultural inspection stops

Question 7

According to the SCOTUS opinion in Terry v. Ohio (1968), involving the stop and frisk of a citizen on the street to investigate a robbery:

A)a stop is conduct outside the purview of the Fourth Amendment, because the action does not rise to the level of a seizure.
B)whenever a police officer accosts an individual and restrains his or her freedom to walk away, he has "seized" that person.
C)a stop is not a serious intrusion upon the sanctity of the person and may be taken lightly.
D)the personal security and privacy of the individual always outweigh the government's interests in detecting crime.

Question 8

The balancing approach to reasonableness:

A)requires courts to weigh the degree of intrusion against the government's need for the intrusion.
B)prohibits the police from making intrusions simply to prevent crimes that may happen.
C)does not require the court to weigh the degree of intrusion, as long as there is a factual foundation for the intrusion.
D)does not require a factual foundation to support stops involving serious crimes.

Question 9

The totality-of-facts-and-circumstances test is also known as the:

A)whole picture test.
B)objective basis test.
C)logical test.
D)reasonableness test.

Question 10

As per Maryland v. Wilson (1997), police officers who have effected a traffic stop can choose to remove _______________ from the stopped vehicle to maximize personal safety.

A)drivers
B)animals
C)passengers
D)weapons

Question 11

The U.S. Constitution requires police officers to have an objective basis to back up unwanted interferences with individuals' rights to liberty and privacy. What objective basis is required for an arrest?

A)a hunch
B)reasonable suspicion
C)probable cause
D)No objective basis is required for an arrest.

Question 12

The first question to ask in a Fourth Amendment case is whether the:

A)officer action was a stop and frisk.
B)officer action was unreasonable.
C)fruit of the police action (that which was obtained)should be excluded.
D)police were investigating a serious crime. ​

Question 13

Arizona v. Johnson (2009)ruled that:

A)it's lawful to frisk a passenger in a lawfully stopped vehicle, even if the passenger wasn't suspected of committing a crime.
B)it's not lawful to frisk a passenger in a lawfully stopped vehicle, even if the passenger wasn't suspected of committing a crime.
C)highway sobriety checkpoint programs are reasonable stops of citizens, even when there's no individualized suspicion.
D)highway sobriety checkpoint programs are reasonable stops of citizens, only if there's individualized suspicion.

Question 14

According to the SCOTUS opinion in Terry v. Ohio (1968), a stop justified at its beginning can:

A)be justified on mere hunches alone.
B)only be done for violent crimes.
C)become unjustified by being too extensive in scope.
D)have any scope the stopping officer wants.

Question 15

Reasonable suspicion needed to make a stop requires: ​

A)more than probable cause.
B)a preponderance of the evidence.
C)only a hunch.
D)some minimum level of objective justification.

Question 16

Which of the following activities cannot be conducted as a matter of routine at an international border stop?

A)a dog sniff
B)a cavity search
C)a pocket check
D)a wallet search

Question 17

Rules to tell officers, courts, and the rest of us what's reasonable are called: ​

A)hearsay rules .
B)direct information rules .
C)"bright-line" rules .
D)reasonableness rules .

Question 18

In Florida v. J.L. (2000), what did the court decide with regards to an anonymous tip about a man with a gun?

A)The informant would have to be identified before the police could act.
B)A stop and frisk was justified in the interests of public safety.
C)An anonymous tip lacking any indication of reliability does not justify a stop and frisk, even though it did allege the illegal possession of a firearm.
D)A stop and frisk would be permissible as long as the police could verify the information.

Question 19

According to the SCOTUS opinion in Terry v. Ohio (1968), which of the following is permissible in a police stop and frisk of a citizen on a street to investigate a possible robbery?

A)In dealing with dangerous situations on city streets, police need an escalating set of flexible responses.
B)Police cannot stop citizens without probable cause that crime is afoot.
C)In any instance where the police can stop a person, they can also frisk the person.
D)Police cannot stop citizens without clear and convincing evidence that crime is afoot.

Question 20

Which of the following circumstances has been found sufficient by itself to amount to reasonable suspicion? ​

A)A driver was double-parked within ten feet of a pedestrian in a drug trafficking area.
B)A passenger leaving an airplane appeared nervous in the presence of officers.
C)A driver failed to look at a patrol car late at night.
D)At 2:15 a.m., a person approached an officer in his police vehicle in a high crime area and told him that a person seated in a nearby car had illegal drugs and a gun at his waist.

Question 21

Categorical suspicion: ​

A)can be sufficient in itself to amount to reasonable suspicion.
B)can be sufficient as long as the category in which the suspect falls is not based on race or ethnicity.
C)can be one of the factors in the entire picture of reasonable suspicion.
D)is sufficient in itself, if officers can establish the stop occurred in a high-crime area.

Question 22

In City of Indianapolis v. Edmond (2000), the Court held that drug interdiction checkpoints: ​

A)did not violate the Fourth Amendment, because they were a minor inconvenience.
B)did violate the Fourth Amendment, because they were a major inconvenience.
C)did not violate the Fourth Amendment, because they were indistinguishable from general crime control interests.
D)did violate the Fourth Amendment, because they were indistinguishable from general crime control interests.

Question 23

Routine detentions at international borders don't require reasonable suspicion to back up lengthy detentions or frisks.

Question 24

Frisks are:

A)the most invasive type of search. ​
B)not considered invasions of privacy.
C)always allowed following a stop.
D)the least invasive type of search.

Question 25

Fourth Amendment stops are not warrantless seizures. ​

Question 26

In Maryland v. Wilson (1997), the case in which police removed and detained a passenger from a lawfully stopped vehicle, SCOTUS held that: ​

A)the officer ordering the passenger out of the car was an unreasonable seizure.
B)the practice of ordering all drivers and passengers who were stopped in traffic stops out of their vehicles was reasonable.
C)the officer ordering the driver out of the car was too great an intrusion into the driver's liberty.
D)police must have articulable suspicion of danger to order the passenger out of the vehicle.

Question 27

The case of Michigan v. Sitz (1990)challenged the constitutionality of:

A)the stop and frisk.
B)a frisk without a warrant.
C)courier profiles.
D)DUI roadblocks.

Question 28

The reasonableness of roadblocks and checkpoints is determined by the following three-prong balancing test: the gravity of the public interest being served by the seizure; the effectiveness of the seizure in advancing the public interest; and:

A)t he likelihood of reducing crime as a result of the roadblock or checkpoint.
B)the experience of the officers at the roadblock or checkpoint.
C)the cost of the roadblock or checkpoint.
D)the degree of intrusion upon individual liberty due to the roadblock or checkpoint.

Question 29

According to SCOTUS in Michigan v. Sitz (1990), involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint:

A)is not a stop.
B)is a stop, but it is not covered by the Fourth Amendment.
C)is a stop to which the Fourth Amendment applies.
D)requires probable cause that someone in the car has committed a crime.

Question 30

Outer clothing pat-downs do not constitute Fourth Amendment searches. ​

Question 31

According to SCOTUS in Michigan v. Sitz (1990), involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint requires:

A)reasonable suspicion that the driver is driving under the influence. ​
B)probable cause that the driver is driving under the influence.
C)clear and convincing evidence that the driver is driving under the influence.
D)no individualized suspicion, because of the importance of the state's interest in addressing the drunk driving problem.

Question 32

Fourth Amendment stops and frisks are warrantless searches and seizures that must satisfy the two conditions of what test?

A)the "bright-line" test
B)the balancing test
C)the whole picture test
D)the reasonableness test

Question 33

Which of the following circumstances provides the most support for an automatic frisk?

A)possession of marijuana ​
B)shoplifting
C)armed robbery
D)vagrancy

Question 34

What case provides an excellent example of the violent crime-automatic frisk exception? ​

A)Adams v. Williams (1972)
B)Navarette v. California (2014)
C)Illinois v. Wardlow (2000)
D)Terry v. Ohio (1968)

Question 35

If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person? ​

A)No, they can never seize evidence unless they, in fact, know what the item is in advance.
B)Yes, but only if the person consents to the removal of the objects.
C)No, the officer can only seize the item if it was, in fact, a weapon.
D)Yes, the officer can seize the item.

Question 36

Which of the following is a legitimate purpose for a frisk?

A)to protect officers
B)to preserve evidence
C)to find illegal drugs
D)to convince suspects that they should respond to an officer's questions

Question 37

According to SCOTUS in U.S. v. Montoya de Hernandez (1985), involving a detention at the border for drug investigation:

A)even routine customs searches at the border require reasonable suspicion.
B)any detention at the border that lasts more than 15 minutes is unreasonable.
C)detention beyond the scope of a routine customs search and inspection is always unreasonable.
D)the Fourth Amendment's balance of reasonableness is qualitatively different at the international border than in the interior of the country.

Question 38

SCOTUS has created bright-line rules that expand police powers during traffic stops, in order to balance the increased need of officer safety against individual Fourth Amendment rights.

Question 39

Voluntary contacts between citizens and police officers are seizures. ​

Question 40

According to SCOTUS's opinion in U.S. v. Montoya de Hernandez (1985), involving the detention of a traveler at the border, the standard of evidence necessary to detain a traveler at the border, beyond the scope of a routine custom search and inspection, is:

A)probable cause.
B)no evidence at all, because the Fourth Amendment does not apply at the border.
C)a clear indication of illegal activity.
D)reasonable suspicion.

Question 41

Police officers can automatically frisk all citizens whom they stop. ​

Question 42

In practice, the vast majority of searches and seizures are performed without _______________ . ​

Question 43

The objective basis required for making a lawful stop is _______________ _______________ . ​

Question 44

Information received from anonymous informants is always considered equal in quality to that received from known informants, in providing reasonable suspicion for a stop. ​

Question 45

A brief detention that enables law enforcement officers to freeze a situation for the purpose of investigating suspicious persons is a(n)_______________ . ​

Question 46

Frisks are searches. ​

Question 47

Facts that police learn not from their observation but from what other people tell them are called _______________ _______________ . ​

Question 48

The two elements to the scope of a reasonable stop are on-the-spot location of the investigation and _______________ _______________ . ​

Question 49

SCOTUS has held that fitting a drug-courier profile is itself enough to furnish reasonable suspicion. ​

Question 50

According to the SCOTUS opinion in Illinois v. Wardlow (2000), a person's mere presence in a high crime area can supply the objective basis needed for a stop. ​

Question 51

Adams v. Williams (1972)upheld a stop and frisk on informant information that Adams was armed with a handgun in his waistband. ​

Question 52

Another name for the totality-of-circumstances test is the _______________   _______________ test. ​

Question 53

The _______________ _______________ - _______________ _______________ exception states that facts backing up a stop don't automatically justify a frisk, except when suspects are stopped for crimes of violence. ​

Question 54

The method of analysis that considers the Fourth Amendment's two clauses as being separate and addressing different problems is the _______________ _______________ _______________ approach. ​

Question 55

Reasonable suspicion can never be based on hearsay information. ​

Question 56

The patting down of a suspect's outer clothing to check for weapons is the type of search called a _______________ .

Question 57

A suspect's race alone cannot constitute reasonable suspicion for police action. ​

Question 58

Barricades set up for stopping vehicles and questioning the occupants are known as _______________ . ​

Question 59

The purpose of a frisk is to protect officers or other people from death or injury. ​

Question 60

An officer conducting a protective pat-down search can never seize any items other than weapons. ​

Question 61

Does an anonymous tip amount to reasonable suspicion? Explain. ​

Question 62

Explain the reason for reduced individual Fourth Amendment protections at international borders. ​

Question 63

Why is it reasonable to remove a passenger from a stopped vehicle when there is no suspicion that the passenger may be involved in a crime? ​

Question 64

Identify the three possible alternatives for applying the Fourth Amendment to stops and frisks, and explain why SCOTUS adopted alternative three.

Question 65

Does unprovoked flight plus a high-crime area equal reasonable suspicion? Explain your response. ​