Deck 8: Policing Within the Law

Question 1

The basic legal considerations in a stop and frisk situation were set forth in the landmark U.S. Supreme Court decision of

A) Chambers v. Maroney .
B) Terry v. Ohio .
C) Miranda v. Arizona .
D) United States v. Ash, Jr .
E) Mapp v. Ohio .

Answer 1

B

Question 2

The precedent for a warrantless search of an automobile resulted from

A) Carroll v. United States .
B) Miranda v. Arizona .
C) Terry v. Ohio .
D) Mapp v. Ohio .
E) Chimel v. California .

Answer 2

A

Question 3

A search conducted with a warrant must be

A) limited to a specified area
B) limited to the suspect's possessions
C) conducted only by the officer requesting the warrant
D) both a and b
E) a, b and c

Answer 3

A

Question 4

Technically, all searches are to be made

A) incidental to a lawful arrest.
B) under authority of a warrant.
C) with consent.
D) all of the preceding
E) none of the preceding

Question 5

To be constitutional, searches and seizures must be based on

A) inference.
B) fact.
C) suspicion.
D) reasonable doubt.
E) probable cause.

Question 6

The ____ allows police to question suspects without first giving the Miranda warning.

A) exclusionary rule
B) public safety exception
C) probable cause doctrine
D) pretext stop
E) there is no such provision-police must always give the Miranda warning before questioning suspects

Question 7

In a search with consent,

A) the consent must be free and voluntary.
B) the consent may be in response to a claim of lawful authority to search.
C) the search may be general.
D) all of the preceding
E) none of the preceding

Question 8

A stop is also called

A) a field inquiry.
B) an arrest.
C) a protective sweep.
D) any of the preceding
E) none of the preceding

Question 9

Reasonable means

A) logical.
B) justifiable.
C) sensible.
D) all of the preceding
E) none of the preceding

Question 10

Informational probable cause can be established from information garnered from:

A) police informants
B) police broadcasts
C) police bulletins
D) crime victims
E) all of the preceding

Question 11

Which of the following statements is true regarding warrantless arrests?

A) Police may make a warrantless arrest for public offenses.
B) Police may make a warrantless arrest for felonies not committed in their presence if they have probable cause
C) Police may not enter a dwelling to arrest without a warrant.
D) all of the preceding are true
E) none of the preceding are true

Question 12

When police officers detain a suspect with less than probable cause,

A) it is always unconstitutional.
B) it is an illegal seizure.
C) it is called a field detention.
D) both a and b
E) none of the preceding

Question 13

In Smith v. United States , the Supreme Court defined ____ as: "The sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers."

A) reasonable suspicion
B) an affidavit
C) probable cause
D) consent
E) a waiver

Question 14

Suspects can waive their rights against self-incrimination and talk to police officers if which of the following conditions is met?

A) the waiver must be voluntary
B) the waiver must be preceded by the Miranda Warning
C) the suspect must fully understand what rights are being given up
D) the suspect must understand the possible consequences of waiving the right.
E) all of the above

Question 15

Sobriety checkpoints are a form of ____.

A) stop.
B) seizure.
C) arrest.
D) all of the preceding
E) none of the preceding

Question 16

Probable cause is based primarily on

A) observations by officers.
B) officer experiences.
C) circumstantial factors.
D) information communicated to officers.
E) all of the preceding

Question 17

A law enforcement officer is legally justified to search if

A) no warrant has been issued but the search is incidental to a lawful arrest.
B) no warrant has been issued but consent is given.
C) a search warrant has been issued.
D) all of the preceding
E) none of the preceding

Question 18

Informational probable cause includes

A) FBI wanted posters.
B) newspaper articles on criminals.
C) television news stories on criminals.
D) all of the preceding
E) none of the preceding

Question 19

The major categories of informational probable cause include:

A) information forwarded by police to another police agency
B) victims of crimes
C) informants
D) witnesses
E) all of these

Question 20

Which of the following is considered a forced entry?

A) opening an apartment door with a passkey given by a caretaker
B) opening a closed but unlocked door or window
C) breaking an inner or outer door or window
D) all of the preceding
E) none of the preceding

Question 21

A protective search for weapons is known as

A) an arrest.
B) a score.
C) a general search.
D) a seizure search.
E) a "stop and frisk."

Question 22

Nighttime and no-knock refer to

A) advice given by the prosecutor on when and/or how to serve a warrant.
B) recommendations by a magistrate on when and/or how to serve a warrant.
C) special provisions contained in search warrants.
D) either a or b
E) none of the preceding

Question 23

Searches are intended to obtain incriminating evidence.

Question 24

The intent of "stop and frisk" is governed by the ____ Amendment.

A) First
B) Second
C) Fourth
D) Fifth
E) Sixth

Question 25

The authority to "stop and frisk" is

A) independent of the power of arrest.
B) dependent on the power to arrest.
C) inherent in the Sixth Amendment.
D) all of the preceding
E) none of the preceding

Question 26

A stop is also called a threshold inquiry.

Question 27

Once consent to search is given, it may not be withdrawn until officers are satisfied with their findings.

Question 28

Complete and otherwise credible information from an eyewitness , based on personal knowledge, is generally sufficient to establish probable cause.

Question 29

A basic responsibility of police officers is investigating suspicious behavior.

Question 30

The first part of the Fourth Amendment is called the "____" clause.

A) reasonable search and seizure
B) warrant
C) mere suspicion
D) exclusionary
E) circumstantial

Question 31

A protective sweep is the same as a search incident to arrest.

Question 32

The Miranda warning must be given to

A) persons prior to initial interviews by a polygraph examiner.
B) persons prior to being interviewed by a probation or parole officer.
C) suspects who are interrogated in the custody of the police.
D) all of the preceding
E) none of the preceding

Question 33

The right to search an automobile depends on

A) probable cause for believing the contents violate the law.
B) the right to arrest the driver.
C) the right to arrest an occupant.
D) all of the preceding
E) none of the preceding

Question 34

____ established that the rule of mobility cannot be applied unless there is actually a risk that the vehicle will be moved.

A) Coolidge v. New Hampshire
B) Carroll v. United States
C) Terry v. Ohio
D) United States v. Ash, Jr .
E) New York v. Belton

Question 35

A protective sweep is intended to protect

A) the arresting officer from the danger posed by the arrestee.
B) destructible evidence.
C) the arresting officer from danger posed by unknown third parties.
D) all of the preceding
E) none of the preceding

Question 36

The concept of probable cause is an American invention and is a little more than 200 years old.

Question 37

Officers should generally seek voluntary consent to search at night.

Question 38

Laws of arrest are generally uniform in all 50 states and in federal criminal proceedings.

Question 39

A search warrant will normally require the officers to knock and announce themselves.

Question 40

The "harmless error" doctrine applies to cases involving the admissibility of

A) evidence obtained without a warrant.
B) fingerprints left at the scene.
C) rumors.
D) involuntary confessions.
E) evidence obtained through entrapment.

Question 41

The defense of ____________________ comes into play when the government's deception actually implants the criminal design in the mind of the defendant.

Question 42

Outline and discuss the justifications are set forth by the courts for reasonable searches.

Question 43

The courts have recognized the need for exceptions to a search warrant where ____________________ is involved, as in the cases with automobiles.

Question 44

List and discuss the special conditions applied to searches of vehicles.

Question 45

All warrants must be based on ____________________.

Question 46

The court's definition of ____________________ is that area within the person's reach, also called the person's wingspan.

Question 47

The ____________________ stipulates that lawful arrests require an arrest warrant.

Question 48

A search ____________________ is an order issued by a judge with jurisdiction in the area where the search is to be made.

Question 49

A magistrate is also called a(n) ____________________.

Question 50

Outline and discuss the basic principles that underlie stop and frisk and the differences distinguish them.

Question 51

____________________ probable cause is what officers see, hear or smell-that is, evidence presented directly to the senses.

Question 52

Explain the differences and similarities between a stop, a frisk, a search, a seizure and an arrest.

Question 53

The constitutional standards for searches and seizures, including arrests, are contained in the ____________________ Amendment.

Question 54

The ____________________ must accept the burden of proof when items not specified in the warrant are seized.

Question 55

Compare and contrast the various kinds of probable cause. Give examples of each.