Deck 6: Police and the Constitution

Question 1

The Supreme Court has established that the does not require police toobtain a warrant tosearch automobiles or other movable vehicles when they have probable cause tobelieve that a vehicle contains contraband or evidence of criminal activity. ​

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

Answer 1

B

Question 2

A(n)____is the process by which police examine a person or property tofind evidence that will be used toprove guilt in a criminal trial. ​

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

Answer 2

C

Question 3

The Fourth Amendment contains twocritical 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 tomake an arrest.
D)requirement of reasonable suspicion tomake an arrest.

Answer 3

C

Question 4

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 soas tobe detected easily by the officer.
B)The officer immediately recognizes the illegal nature of the item.
C)The officer is legally in a position tonotice the item in question.
D)The suspect does not object tothe officer finding the item.

Question 5

The Fourth Amendment protects against _________ ​

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

Question 6

The reasoning behind the warrantless search of automobiles is that ___________ ​

A)vehicles traverse public roadways, there is noexpectation toprivacy in one's vehicle.
B)vehicles contain an area toosmall torequire a search warrant.
C)vehicles are movable 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 tobe free from unreasonable searches.

Question 7

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 toobtain evidence. ​

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

Question 8

The____prohibits the use of illegally seized evidence. ​

A)exclusionary rule
B)cautionary rule
C)probable cause rule
D)reasonable rule

Question 9

The recognized standard for a "reasonable expectation of privacy" was established by which of the following Supreme Court case? ​

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

Question 10

Reasonable grounds tobelieve the existence of facts warranting certain actions, such as the search or arrest of a person, are established by __________ ​

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

Question 11

In ______________ , 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 12

In ____, the Supreme Court ruled that police may search any area within the suspect's "immediate control" toconfiscate any weapons or evidence that the suspect could possibly destroy. ​

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

Question 13

The "good faith" exception tothe exclusionary rule was established in ______ ​

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

Question 14

Any physical or verbal evidence police are able toacquire 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

Which type of lawful search takes place when an individual gives law enforcement permission tosearch their persons, homes, or belongings? ​

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

Question 16

A(n)____is the forcible taking of a person or property in response toa violation of the law. ​

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

Question 17

Which of the four sources of probable cause mentioned in the text is legally not strong enough tostand alone? ​

A)Information
B)Evidence
C)Association
D)Personal observation

Question 18

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

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

Question 19

Suppose a traffic officer pulls over a person for speeding, looks in the driver's window, and clearly sees what appears tobe 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 20

A border patrol officer does not need tosecure a warrant tosearch vehicles crossing the border. This exception tothe search warrant is referred toas __________ ​

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

Question 21

According tothe 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)Noone 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 22

A pat-down or minimal search by police todiscover weapons with the purpose of protecting the officer or other citizens, and not tofind evidence of illegal substances for use in a trial, is referred toas a(n)________ ​

A)Arrest.
B)frisk.
C)seizure.
D)stop.

Question 23

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

Question 24

The right tobe free from unreasonable search and seizure is contained within the Fifth Amendment tothe Constitution. ​

Question 25

In a(n)  the intent of the officer is toinvestigate suspicious activity. ​

A)arrest ​
B)stop
C)frisk ​
D)seizure

Question 26

A(n)____is the taking intocustody of a citizen for the purpose of detaining him or her on a criminal charge. ​

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

Question 27

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

Question 28

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

Question 29

The purpose of a frisk is todiscover _________ ​

A)weapons.
B)evidence.
C)identity.
D)narcotics.

Question 30

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 31

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 tosearch and arrest warrants. ​

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

Question 32

For Miranda tobe required, a suspect must be in custody and also___________ ​

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

Question 33

Todetermine 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 direct questioning of a suspect togather evidence of criminal activity and try togain a confession is called a(n)_________ ​

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

Question 35

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 36

What is the legal basis for the Miranda warning? ​

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

Question 37

Which Supreme Court case established the legal parameters of stop and frisk? ​

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

Question 38

The____Act allows for surveillance of a suspect without a warrant as long as the "primary purpose" of the surveillance was toinvestigate foreign spying and not toengage in criminal law enforcement. ​

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

Question 39

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

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

Question 40

What is the legal justification required tomake an arrest? ​

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

Question 41

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

Question 42

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

Question 43

If police officers use a search warrant that they know is technically incorrect, the ___________________________ exception does not apply. ​

Question 44

A Miranda warning is needed when police are asking "routine" questions such as name and address. ​

Question 45

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

Question 46

A police chief or sheriff is permitted toissue an arrest warrant. ​

Question 47

Probable cause is required for a police officer toconduct a stop and frisk. ​

Question 48

A person's race or ethnicity alone is enough toprovide for reasonable suspicion for stops and frisks. ​

Question 49

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

Question 50

Police officers are allowed touse a frisk as a "fishing expedition" tofind items besides weapons. ​

Question 51

The most frequent exception tothe warrant requirement involves searches with consent. ​

Question 52

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

Question 53

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

Question 54

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

Question 55

A frisk can only be conducted todiscover weapons. ​

Question 56

is reasonable grounds tobelieve the existence of facts warranting certain actions, such as the search or arrest of a person. ​

Question 57

A police officer must issue a Miranda warning tothe suspect when he or she intends toconduct a stop and frisk. ​

Question 58

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 59

The exclusionary rule allows for the use of illegally seized evidence. ​

Question 60

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

Question 61

The constitutional rights of accused persons taken intocustody by law enforcement officials, such as the right toremain silent and the right tocounsel, are the____     .

Question 62

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

Question 63

Discuss the situations in which the Miranda warning is unnecessary. ​

Question 64

When an offense is committed in the presence of a police officer, the officer may make a(n)__________________________________. ​

Question 65

Explain the exclusionary rule and the exceptions toit. ​

Question 66

The process by which police examine a person or property tofind evidence of a crime is a(n) ____  . ​

Question 67

Before going toa judge toask for a search warrant, officers must prepare a(n)____    in which they provide specific, written information on the property that they wish tosearch and seize toa judge or magistrate. ​

Question 68

What is the plain view doctrine and what are the criteria that officers must meet tomake a warrantless seizure under this doctrine? ​

Question 69

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

Question 70

List and explain the four major sources that may be used tolegally establish probable cause. ​

Question 71

A(n)____is the forcible taking of a person or property in response toa violation of the law. ​

Question 72

are situations that require extralegal or exceptional actions by the police. ​

Question 73

List and explain the four elements that are needed for a police officer tomake an arrest. ​

Question 74

You are a Philadelphia police officer assigned toa special anti-terrorism unit. The goal of this unit is toprevent and deter all acts of terrorism in the city. Your responsibilities include monitoring certain "hang out spots" where known suspected terrorist affiliates congregate todiscuss and share information regarding radicalizing American youth in the hopes of having them join ISIS. Being that you are of middle-eastern descent, you consistently goundercover tofrequent these known hot-spots totry togather information. one evening you gointoa Syrian restaurant that has been labeled as a "hot spot" toobserve twosuspected associate members of ISIS talking about buying a rocket propelled grenade launcher touse toblow up a city bus. Although you can tell that the men have been drinking, you believe that they are serious. As one individual goes toleave the restaurant, you decide tofollow him tohis car. Based on what you overheard, you believe he is going toget money out of his car tocome back topurchase the grenade launcher. At this point, what doyou do? Doyou have probable cause toarrest the suspect? Please explain.

Question 75

Suppose that a gun-used by a defendant tomurder a victim-was found as the result of an improper police search. If you were a defense attorney you could challenge the evidence based on the ___________________________.

Question 76

The Supreme Court case of ________________ established that recorded conversations are inadmissible as evidence unless certain procedures are followed. ​

Question 77

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

Question 78

Explain under which circumstances law enforcement may search an automobile without a warrant. ​

Question 79

The ____          Amendment guarantees protection against self-incrimination. ​

Question 80

A(n)____occurs when police take a person suspected of criminal activity intocustody. ​