Deck 3: Legal Issues

Question 1

The Fourth Amendment covers issues regarding __________.

A) free speech
B) legal representation
C) search and seizure
D) individuals' right to bear arms

Answer 1

C

Question 2

An arrest must be based upon __________.

A) a warrant
B) reasonable suspicion
C) probable cause
D) All of the above

Answer 2

C

Question 3

This is the landmark case for stop and frisk:

A) Mapp v. Ohio
B) Miranda v. Arizona
C) Nix v. Williams
D) Terry v. Ohio

Answer 3

D

Question 4

In this case, the Supreme Court determined that seizures incident to pretextual stops of vehicles are not unreasonable.

A) United States v. Ross
B) New York v. Quarles
C) Whren v. United States
D) Chicago v. Morales

Question 5

Consensual encounters, investigative detentions, and arrests are three types of __________.

A) encounters that require legal justification
B) interactions that require the violation of the law
C) police-citizen encounters
D) both a and b

Question 6

This case is known as the "Inevitable Discovery exception":

A) New York v. Quarles
B) Miranda v. Arizona
C) Chimel v. California
D) Nix v. Williams

Question 7

This case is known as the "Public Safety exception":

A) New York v. Quarles
B) Miranda v. Arizona
C) Chimel v. California
D) Nix v. Williams

Question 8

In situations of civil liability, this defense only applies when the police officer commits perjury in court:

A) Absolute immunity
B) Qualified immunity
C) Probable cause
D) Good faith

Question 9

When probable cause exists, this case permits the police to conduct a warrantless search of a vehicle and any closed containers in the vehicle.

A) Harris v. New York
B) Michigan v. Mosley
C) United States v. Ross
D) United States v. Leon

Question 10

The exclusionary rule holds that __________.

A) no evidence can be excluded from a criminal proceeding
B) guilt can still be established through evidence that is not admissible in court
C) evidence that a defendant does not approve of can be excluded from criminal proceedings
D) evidence obtaining by the government in violation of the 4th amendment's guarantee against unreasonable search and seizures is not admissible in criminal prosecution to demonstrate guilt

Question 11

This case acknowledged that reasonable suspicion is a lower standard than probable cause and may arise from information that itself has questionable reliability:

A) Miranda v. Arizona
B) Mapp v. Ohio
C) New York v. Quarles
D) Alabama v. White

Question 12

This case applied the exclusionary rule to the states:

A) Katz v. United States
B) United States v. Ross
C) Mapp v. Ohio
D) Harris v. New York

Question 13

An affidavit is __________.

A) an arrest warrant
B) a written document describing exactly what is to be searched and what is to be seized
C) a legal document that provides a list of evidence to a judge
D) none of the above

Question 14

The birth of the exclusionary rule can be traced to the case of __________.

A) Miranda v. Arizona
B) Weeks v. United States
C) United States v. Leon
D) Carroll v. United States

Question 15

This case ruled that, in the situation of consent searches, it must be demonstrated that consent was voluntarily given and not coerced by the police:

A) Whren v. United States
B) Nix v. Williams
C) Chicago v. Morales
D) Schneckloth v. Bustamonte

Question 16

Incident to a valid arrest, police may search and seize evidence from the passenger's compartment of the vehicle, even if the police lack probable cause:

A) Knowles v. Iowa
B) Arizona v. Hicks
C) New York v. Belton
D) None of the above

Question 17

The "Ferguson Effect" is also referred to as _____.

A) inevitable discovery
B) qualified immunity
C) depolicing
D) pretextual stops

Question 18

The "good faith" exception to the exclusionary rule is from __________.

A) Nix v. Williams
B) US v. Leon
C) New York v. Quarles
D) Weeks v. US

Question 19

Under which circumstance would an officer not be acting under the color of state law?

A) They settle a personal vendetta with police power
B) They perform duties of a criminal investigation
C) They report details of alleged crimes as private citizens
D) All are circumstances where the officer was acting under the color of state law

Question 20

The plain view doctrine holds that __________.

A) police can seize anything in their plain view, regardless of whether their presence in an area is justifiable
B) evidence that is seized must be in plain view
C) seized objects must be immediately apparent as evidence or contraband
D) both b and c

Question 21

A wrongful death civil suit is an intentional tort tried in federal court.

Question 22

Acting under the color of law is a requirement in proving civil liability in state court.

Question 23

Qualified immunity extends to police officers performing duties that are discretionary in nature.

Question 24

Police officers will always be held civilly liable for their actions, even if they were acting in good faith.

Question 25

According to Mapp v. Ohio, if the defendant requests an attorney, the police must comply before interrogating the defendant.

Question 26

The key to intentional torts is the culpable state of mind of the officer.

Question 27

A police officer who has a second job as a bank guard would be acting under the color of state law if he/she tried to stop a bank robbery.

Question 28

Novak, Smith, and Frank (2003) found that officers will behave less aggressively if they have previously been sued.

Question 29

For a civil liability case to be tried in federal court, the defendant must be acting under the color of state law.

Question 30

Under the case of Terry v. Ohio, the police must have probable cause in order to conduct a frisk.

Question 31

Statements obtained in violation of Miranda may still be used to challenge the credibility of the defendant if he or she testifies in court.

Question 32

The police are permitted to detain individuals with less than probable cause.

Question 33

The open field doctrine indicates that items in open fields are protected by the Fourth Amendment's guarantee against unreasonable search and seizures.

Question 34

Under the Chimel case, when making arrests, the police are permitted to search the entire home of the defendant.

Question 35

When police officers conduct a warrant search at the wrong location but their mistake is considered reasonable given the circumstances, there is no violation of the Fourth Amendment.

Question 36

Reasonable suspicion is a legal standard that requires a great burden of proof than probable cause.

Question 37

The purpose of the frisk is limited in scope to weapons or instruments that can injure the officer.

Question 38

Under the plain view doctrine police must have prior justification for being present at the scene.

Question 39

Under the hot pursuit exception, probable cause may be based upon hearsay.

Question 40

Explain the exclusionary rule and when it can be used.

Question 41

As a Supreme Court Justice, how would you rule on an issue of police stopping vehicles without reasonable suspicion? Do circumstances exist when this is permissible? Be certain to cite case law to support your decision.

Question 42

How did the Court justify its ruling in the case of New York v. Quarles?

Question 43

Contrast probable cause and reasonable suspicion. Be sure to indicate which is necessary for arrest.

Question 44

What is the plain view doctrine? What does it require of police officers?

Question 45

Matching
-Probable cause

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 46

Matching
-Reasonable suspicion

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 47

Matching
-Protective sweep

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 48

Matching
-Negligent tort

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 49

Matching
-Exclusionary rule

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 50

Matching
-Custody

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 51

Matching
-Color of law

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 52

Matching
-Intentional tort

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 53

Matching
-Interrogations

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 54

Matching
-Criminal procedure

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 55

Matching
-Depolicing

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 56

Matching
-Bright-line rule

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 57

Matching
-Fruit of the poisonous tree doctrine

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 58

Matching
-Affidavit

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action

Question 59

Matching
-Pretextual stop

A) Evidence illegally obtained is inadmissible in court
B) The legal standard on which, at minimum, stop and frisks must be based on
C) Clear, easily understood, and easily applied standard in a specific situation
D) The standard on which arrests must be based
E) Misuse of governmental power
F) Police ask questions intended to incriminate a citizen
G) Inadvertent and unreasonable behavior resulting in damage or injury
H) Wrongful death
I) Situation where a person is deprived of his or her freedom in a significant way
J) When officers interact with fewer citizens in an effort to reduce their likelihood of being named a defendant in a civil lawsuit
K) Written oath establishing probable cause to obtain a search warrant
L) The process by which a person accused of a crime is processed through the criminal justice system
M) A stop for a traffic violation in the hope that the stop may elicit another, more serious violation
N) A limited examination of a home to determine if there are others who could pose a safety risk to officers
O) Not only must evidence seized improperly be excluded from criminal court, but so, too, must any additional evidence seized after that police action