Deck 5: Seizure of Persons Arrest

Question 1

Stops differ from arrests in that:

A)they always lead to a frisk or a more invasive search.
B)they produce written records of the police action.
C)they usually occur in public places and are shorter in duration.
D)they are always shorter in duration.

Answer 1

C

Question 2

Which of the following is an exception allowing entrance to a home without a warrant? ​

A)exigent circumstances
B)the smell of drugs
C)a tip from a neighbor
D)a tip from an informant

Answer 2

A

Question 3

In developing probable cause, officers rely on their _______________ to make decisions regarding arrests without warrants. ​

A)training and experience
B)luck and intuition
C)good intentions
D)reasonableness and good faith

Answer 3

A

Question 4

Probable cause deals with: ​

A)hunches and suspicions.
B)an exact degree of probability.
C)factual and practical considerations of everyday life.
D)unquestionable certainties.

Question 5

According to SCOTUS 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 6

Whether Fourth Amendment seizures are stops or arrests depends on: ​

A)duration, invasiveness, location, and the officer's subjective intent.
B)duration, invasiveness, and location.
C)duration and invasiveness.
D)invasiveness and the officer's subjective intent.

Question 7

In what case did SCOTUS hold that the Fourth Amendment authorized a police officer to make a full custodial arrest for a fine-only criminal offense occurring in the officer's presence? ​

A)Atwater v. City of Lago Vista (2001)
B)Draper v. U.S. (1959)
C)Graham v. Connor (1989)
D)Tennessee v. Garner (1985)

Question 8

Firsthand information is also called: ​

A)hearsay information.
B)direct information.
C)indirect information.
D)visual information.

Question 9

What rule states that in arrests, courts don't admit secondhand evidence to prove guilt, but, if it's reliable and truthful, they'll accept it to show probable cause to arrest? ​

A)knock and announce rule
B)hearsay rule
C)felony arrest rule
D)probable cause rule

Question 10

When an official takes a person into custody and holds the person 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 11

Who determines the ultimate legitimacy of a request for an arrest warrant? ​

A)a neutral magistrate
B)the officer making the arrest
C)the chief of police
D)the district attorney

Question 12

In Tennessee v. Garner (1985), SCOTUS decided that: ​

A)police cannot shoot a fleeing suspect if the suspect poses no imminent danger.
B)suspects can be engaged with deadly force if there are bystanders who could be harmed.
C)lethal force can be applied against non-dangerous criminal suspects.
D)lethal force is permitted against misdemeanor offenders.

Question 13

The objective standard of reasonable force was adopted by SCOTUS in which case?

A)Tennessee v. Garner (1985)
B)Graham v. Connor (1989)
C)Kuha v. Minnetonka (2003)
D)Vinyard v. Wilson (2002)

Question 14

Which of the following is not a requirement for obtaining a warrant to arrest a suspect at home? ​

A)a neutral magistrate
B)an affidavit
C)the name of the person to be arrested
D)the suspect's criminal history

Question 15

In building probable cause, police officers may rely on what they: ​

A)see and hear only.
B)see, hear, and smell only.
C)see, hear, and taste only.
D)see, hear, smell, and taste.

Question 16

The right to come and go as you please is known as the: ​

A)right of way.
B)right of locomotion.
C)right of absolution.
D)right of sway.

Question 17

In which of the following situations have the courts found a use of unreasonable force?

A)a police dog grabbing and holding a defendant's arm until the police arrive
B)using pepper spray on an armed suspect
C)binding a suspect's ankles to his wrists behind his back (hog-tying)
D)using a single application of the taser gun

Question 18

The majority of arrests:

A)do not require a warrant to make them 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.

Question 19

In Graham v. Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically "roughed up" by the police. The court said: ​

A)the use of force was not excessive and upheld the conviction for being drunk in public.
B)the police were justified in using force, but they should have given him the juice. However, the conviction stood.
C)the use of force was excessive, and the case was remanded back to the lower court.
D)the police were justified in "roughing up" Graham and denying him any sugar or orange juice, because it would have been "unreasonable" for the police to stop in the middle of an arrest and get him relief.

Question 20

Which of the following usually occurs after a misdemeanor arrest? ​

A)booking
B)photographing
C)interrogation
D)release

Question 21

It is constitutionally lawful for officers to make full custodial arrests for fine-only offenses. ​

Question 22

Most misdemeanor offenders are issued _______________, but can be arrested under certain circumstances.

A)a citation
B)an indictment
C)a writ of appearance
D)an injunction

Question 23

According to the SCOTUS 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 24

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 25

Immediately after an arrest, police officers may use force for which of the following? ​

A)to subdue unruly suspects
B)to prevent escape
C)to protect suspects
D)to subdue unruly suspects, prevent escape, and protect suspects

Question 26

Direct information in probable cause to arrest means firsthand information known to arresting officers through which of the following?

A)thought
B)note-taking
C)intuition
D)sight

Question 27

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

Question 28

Police can never arrest someone for a minor traffic offense. ​

Question 29

The vast majority of arrests are made: ​

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

Question 30

Which of the following cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable? ​

A)Warden v. Hayden (1967)
B)Colorado v. Mendez (1999)
C)Both of these cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable.
D)Neither of these cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable.

Question 31

Which of the following cases involved the use of a taser? ​

A)Kuha v. City of Minnetonka (2003)
B)Atwater v. City of Lago Vista (2001)
C)Estate of Ronald Armstrong v. Village of Pinehurst (2016)
D)Graham v. Connor (1989)

Question 32

The probable cause requirement balances the societal interest in crime control and: ​

A)the individual right to free movement.
B)the individual right to free speech.
C)the individual right to free religion.
D)the individual right to freedom.

Question 33

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

A)deadly force could be used only if the officer using it 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

The Fourth Amendment requires that a magistrate base a probable cause determination on written information sworn to under oath, also known as:  ​

A)an affidavit.
B)a warrant.
C)a writ.
D)a statement.

Question 35

In what case did SCOTUS hold that hearsay evidence could be used to establish probable cause?

A)Tennessee v. Garner (1985)
B)Graham v. Connor (1989)
C)Draper v. U.S. (1959)
D)Atwater v. City of Lago Vista (2001)

Question 36

In Graham v. Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, SCOTUS 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 37

In Tennessee v. Garner , involving the death of a citizen due to the use of deadly force by the police, SCOTUS ruled that:

A)evidence seized from illegal use of deadly force is admissible in criminal cases.
B)apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment, and a police officer may not seize an unarmed, nondangerous suspect by shooting the suspect dead.
C)evidence seized from illegal use of deadly force is not admissible in criminal cases.
D)the use of deadly force to prevent the escape of any felony suspect, whatever the circumstances, is constitutionally unreasonable.

Question 38

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

Question 39

Most arrests based on probable cause are reasonable without warrants. ​

Question 40

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

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

Question 41

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 42

Whether the manner of an arrest was reasonable is affected by whether the amount of _______________, if any, was reasonably necessary. ​

Question 43

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

Question 44

Arrests have to satisfy the reasonableness requirement of the Fourth Amendment. ​

Question 45

SCOTUS has ruled that a _______________ is necessary to effect a routine arrest of a suspect at home. ​

Question 46

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

Question 47

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

Question 48

Information known by police based on what they see, hear, and smell is _______________ information. ​

Question 49

Kuha v. Minnetonka (2003)held that a dog trained only in the _______________ and _______________ technique meets the requirements of the objective standard of reasonable force test. ​

Question 50

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

Question 51

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

Question 52

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

Question 53

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

Question 54

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

Question 55

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

Question 56

Deadly force can never be used to make an arrest. ​

Question 57

D uring and after arrests, officers can use only the amount of force that is objectively reasonable to get and maintain control of suspects. ​

Question 58

Information received by the police from third persons is called _______________. ​

Question 59

The _______________ of the person to be arrested must be listed on the arrest warrant. ​

Question 60

In Draper v. United States , SCOTUS determined that information that may not be admissible at trial to prove guilt could still be used to establish probable cause. ​

Question 61

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

Question 62

Identify the characteristics of a full custodial arrest, and contrast it with a stop. ​

Question 63

What is required to satisfy the Fourth Amendment's reasonableness requirement regarding arrests? ​

Question 64

Compare the definitions of reasonable suspicion and probable cause. What two interests does probable cause balance? ​

Question 65

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