Deck 8: Police and Constitutional Law

Question 1

Miranda warnings involve the right to counsel and the right to remain silent.

Answer 1

True

Question 2

In a pat-down by an officer, items that are identifiable by touch cannot be seized as evidence.

Answer 2

False

Question 3

Miranda warnings must be read to a suspect when he or she is taken into custody.

Answer 3

True

Question 4

The totality of circumstances test is used to determine if sufficient evidence exists for a search warrant.

Question 5

Chief Justice Earl Warren established a strict code of conduct how police officers handle criminal defendants.

Question 6

The Fourth Amendment means nothing without the exclusionary rule.

Question 7

Police cannot rely on smell as a sense in conducting a warrantless search.

Question 8

Miranda warnings must be issued in written form and signed or initialed by the suspect.

Question 9

Police officers can conduct a warrant search without probable cause.

Question 10

The Fourth Amendment requires that probable cause be established before a warrant is provided.

Question 11

Police officers must provide Miranda warnings if they approach someone on the street and begin questioning.

Question 12

Police officers can use stop and frisk suspects only if they have reasonable suspicion.

Question 13

Miranda warnings have had serious implications for law enforcement and the techniques used for interrogation.

Question 14

Police officers can rely on a variety of senses to justify a warrantless search.

Question 15

Consent searches are unconstitutional under the Third Amendment.

Question 16

Miranda warnings were established by the U.S. Supreme Court in Weeks v. U.S. (1914).

Question 17

If a person is growing marijuana in plain sight, a police officer does not need a warrant to search and seize the evidence.

Question 18

Police rarely use deception when interrogating a suspect.

Question 19

The Fourth Amendment contains the unreasonable search and seizure clause.

Question 20

Police officers need to obtain a warrant before searching the trunk of a car.

Question 21

A stop is defined as a brief interference with a person's freedom of movement.

Question 22

The Warren Court established that the exclusionary rule applied to the states.

Question 23

Stops must be justified by probable cause.

Question 24

Even if a police officer is acting in the interests of public safety, he or she must obtain a warrant before searching an area.

Question 25

The exclusionary rule does not necessarily require that cases against defendants be dismissed when constitutional rights have been violated.

Question 26

Unexplained bulges in clothing or awkwardness in walking are examples of behavioral analysis.

Question 27

The exclusionary rule increases the legal protection for criminal defendants.

Question 28

An arrest would be an example of a seizure.

Question 29

When officers are in hot pursuit of a fleeing suspected felon, they need to stop to seek a warrant and thereby risk permitting the suspect to get away.

Question 30

Court decisions have established that police dogs that sniff luggage in public places are not conducting searches and therefore are not subject to the requirements of the Fourth Amendment.

Question 31

In Nix v. Williams (1984), the U.S. Supreme Court agreed that improperly obtained evidence can be used when it would later have been inevitably discovered without improper actions by the police.

Question 32

The Supreme Court ruled in Chimel v. California (1969)that in order to preserve evidence and protect the safety of the officer and the public after a lawful arrest, the arrestee and the immediate area around the arrestee may be searched for weapons and criminal evidence.

Question 33

If a police officer is acting in good faith, then he or she may use evidence obtained through the use of a defective search warrant.

Question 34

According to Pennsylvania Board of Pardons and Parole v. Scott (1998), improperly obtained evidence cannot be used at parole revocation proceedings.

Question 35

The Fourth Amendment requires that reasonable suspici on be established before a warrant is provided.

Question 36

A police officer would likely need a warrant for sea rche s not conducted in plain view.

Question 37

According to Miranda v. Arizona (1966), law enforcement must inform the individual in custody of his or her right to an attorney.

Question 38

If an individual voluntarily stops to speak with an officer, he is not been "seized," because he is free to move along whenever he chooses.

Question 39

In Nix v. Williams (1984), the U.S. Supreme Court established the inevitable discovery exception to the exclusionary rule.

Question 40

If an individual consents to a search, officers do not need probable cause or any level of suspicion to justify the search.

Question 41

In what case did the U.S. Supreme Court decide that the plain view doctrine permits the officers to notice and use as evidence the items that are visible to them when they are in a location that they are permitted to be in?

A)Coolidge v. New Hampshire (1971)
B)Hester v. U.S. (1924)
C)Minnesota v. Dickerson (1993)
D)Gideon v. Wainwright (1963)

Question 42

A pat-down by an officer is not considered a warrantless search.

Question 43

 A significant deprivation of liberty because a person is taken into police custody, transported to the police station or jail, and processed into the criminal justice system is called a(n)

A)search.
B)stop.
C)arrest.
D)interrogation.

Question 44

According to U.S. v. Drayton (2002), police officers

A)must notify citizens that they have the right to say "no" to a search.
B)must notify citizens of their right against self-incrimination.
C)must notify citizens of their right to an attorney.
D)are not obligated to notify citizens that they have a right to say "no" to a search.

Question 45

Miranda warnings involve all of the following except:

A)the r ight to an attorney.
B)the r ight to remain silent.
C)the exclusion of s tatements made that can be used against a suspect.
D)the right to s ound legal advice.

Question 46

Which is a sense that cannot be used to justify a warrantless search?

A)Touch
B)Sound
C)Sight
D)Intuition

Question 47

A brief interference with a person's freedom of movement of the duration that can be measured in minutes is called a(n)

A)search.
B)stop.
C)arrest.
D)interrogation.

Question 48

Which doctrine permits officers to notice and use as evidence the items that are visible to them when they are in a location that they are permitted to be in?

A)Plain view doctrine
B)Public safety doctrine
C)Exigent circumstances doctrine
D)Stop and frisk doctrine

Question 49

Which is not part of the Miranda warnings?

A)The right to an attorney during interrogation
B)The right to remain silent
C)The notice that any statement that you decide to make can be used against you in court
D)The right to a speedy trial

Question 50

The Mapp v. Ohio (1961)case forced the exclusionary rule to apply to both federal and state cases.

Question 51

Which of the following is contained in the Fifth Amendment?

A)Right to counsel
B)Right to remain silent
C)Free speech clause
D)Warrant clause

Question 52

In what circumstance is the totality of circumstances used?

A)To determine whether an offender is guilty
B)To determine whether to indict a suspect
C)To determine whether probable cause exists
D)To determine whether police acted appropriately

Question 53

One feature of the Miranda rules is that defendants have a right to have an attorney .

Question 54

Miranda rights are drawn from the

A)Fourth and Fifth Amendments.
B)Fifth and Sixth Amendments.
C)Seventh and Eighth Amendments.
D)Eighth and Ninth Amendments.

Question 55

Which is contained in the Fourth Amendment?

A)Right to bear arms
B)Privilege against self-incrimination
C)Right to an attorney
D)Warrant clause

Question 56

What is the purpose of allowing searches after lawful arrests?

A)To ensure the safety of officers
B)To make sure the arrestee does not flee
C)To ensure the arrestee shows the proper respect to the police
D)To make sure the arrest proceeds smoothly

Question 57

Searches are not permissible if a police helicopter flies overhead and witnesses illegal activity.

Question 58

Which is false  concerning search warrants?

A)Police officers must provide reliable information when obtaining a search warrant.
B)Police officers must identify the "things" to be searched.
C)Police officers are allowed to conduct warrantless searches under certain circumstances.
D)Police officers do need a search warrant, even if a person waives his or her Fourth Amendment rights.

Question 59

The U.S. Supreme Court established that criminal defendants must be read their rights in

A)Mapp v. Ohio (1961).
B)Terry v. Ohio (1968).
C)Chimel v. California (1969).
D)Miranda v. Arizona (1966).

Question 60

The U.S. Supreme Court developed the stop-and-frisk exception, whereby a police officer could pat down a suspicious person without a warrant, in the landmark case of

A)Mapp v. Ohio (1961).
B)Terry v. Ohio (1968).
C)Chimel v. California (1969).
D)Miranda v. Arizona (1966).

Question 61

Officer Castro notices a car in front of him driving at a slow speed.  The driver seems to be driving erratically. Officer Castro activates his blue lights and attempts to pull the car over.  The driver continues to drive for approximately two additional miles before pulling over.  When Officer Castro slowly approaches the car, he smells what seems to be a heavy odor of marijuana.  The driver has dilated eyes and slurred speech.  There are four individuals in the car.
Officer Castro required that the car in question be pulled over.  Typically, this could be considered a(n)

A)search.
B)seizure.
C)interrogation.
D)arrest.

Question 62

Which two decisions by the U.S. Supreme Court laid the foundation for Miranda v. Arizona (1966)?

A)Escobedo v. Illinois (1964)and Massiah v. U. S. (1964)
B)Mapp v. Ohio (1961)and Gideon v. Wainwright (1963)
C)Wolf v. Colorado (1949)and Mapp v. Ohio (1961)
D)Wolf v. Colorado (1949)and Rochin v. California (1952)

Question 63

The U.S. Supreme Court created the good faith exception in the case of

A)Nix v. Williams (1980).
B)Hester v. U.S. (1924).
C)Texas v. Johnson (1989).
D)U.S. v. Leon (1984).

Question 64

Terry v. Ohio permitted officers the ability to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity, which is referred to as a ________ search.

A)stop-and-frisk
B)stop-and-pat down
C)stop-and-seize
D)stop-and-interrogate

Question 65

The U.S. Supreme Court ruled that statements produced after police assaulted suspects were inadmissible in

A)Myers v. U.S. (1923).
B)West Coast Hotel v. Parrish (1935).
C)Chimel v. California (1969).
D)Brown v. Mississippi (1936).

Question 66

Which of the following is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer?

A)Behavioral analysis
B)Observational techniques
C)Native language
D)K-9 Unit

Question 67

Who wrote the U.S. Supreme Court's opinion in Miranda v. Arizona (1966)?

A)Hugo Black
B)William Brennan
C)Earl Warren
D)Thurgood Marshall

Question 68

The U.S. Supreme Court created the inevitable discovery exception to the exclusionary rule in the case of

A)Nix v. Williams (1980).
B)West Coast Hotel v. Parrish (1935).
C)Weeks v. U.S. (1914).
D)Brown v. Mississippi (1936).

Question 69

Which of the following does not allow the use of the exclusionary rule?

A)Murder trial
B)Federal court
C)State court with no appellate system
D)Grand jury proceeding

Question 70

According to the ___________ doctrine, officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house.

A)plain view
B)plain feel
C)open fields
D)seizure

Question 71

How did the U.S. Supreme Court rule in the recent Arizona v. Gant case on searches?

A)It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search.
B)It reversed the ruling of the Arizona Supreme Court and upheld the search by officers as reasonable.
C)It did not rule on the issue, but remanded the case back the Arizona State Supreme Court.
D)It upheld the ruling of the Arizona Supreme Court that the search was a reasonable search.

Question 72

Based on the ruling set forth in Berghuis v. Thompson, what must a suspect do to end questioning?

A)Immediately remain silent.
B)Immediately state that he or she is asserting the right to remain silent.
C)Answer some questions and not others.
D)Request additional time to respond at a later point.

Question 73

In which case did the U.S. Supreme Court conclude that a suspect being questioned cannot assert his or her right to remain silent by remaining silent in the face of continued questioning by the officer?

A)Roper v. Simmons
B)Berghuis v. Thompson
C)Florida v. Powell
D)New York v. Quarles

Question 74

Which statement is true concerning the U.S. Supreme Court's treatment of the exclusionary rule in the 1980s?

A)The Court expanded the rule to protect criminal defendants.
B)The Court abolished the rule.
C)The Court created exceptions to limit the applicability of the rule.
D)The Court did not change the rule in terms of its application.

Question 75

The U.S. Supreme Court applied the Fourth Amendment to the states in

A)Mapp v. Ohio (1961).
B)Terry v. Ohio (1968).
C)Chimel v. California (1969).
D)Wolf v. Colorado (1949).

Question 76

Many police actions fall under the ______ Amendment.

A)Fourth
B)Eighth
C)First
D)Third

Question 77

The U.S. Supreme Court created the exclusionary rule in the case of

A)Mapp v. Ohio (1961).
B)Miranda v. Arizona (1966).
C)Minnesota v. Dickerson (1993).
D)Weeks v. U.S. (1914).

Question 78

When an urgent situation of significant social importance outweighs the necessity of respecting individuals' rights, this is referred to as the _______ exception.

A)plain view
B)public safety
C)exigent circumstances
D)stop-and-frisk

Question 79

The U.S. Supreme Court recently repeated its endorsement of the Miranda requirements in

A)Kyllo v. U.S. (2001).
B)Maryland v. Wilson (1997).
C)Dickerson v. U.S. (2000).
D)Romer v. Evans (1995).

Question 80

Which Chief Justice of the U.S. Supreme Court began to create exceptions to the exclusionary rule?

A)Earl Warren
B)Warren Burger
C)Harlan Stone
D)William Howard Taft