Deck 4: Arrest and Other Seizures of Persons

Question 1

A(n) ________ of a person occurs only when there is governmental termination of freedom of movement through means intentionally applied.

A) Seizure
B) Arrest
C) Investigatory stop
D) Police detention

Answer 1

Seizure

Question 2

Which of the following is not an element of an arrest?

A) Seizure and detention
B) Intention to arrest
C) Understanding by the arresting official
D) Arrest authority

Answer 2

Understanding by the arresting official

Question 3

A(n) ________ seizure takes place when the police take the person into custody with the use of hands or firearms, or by merely touching the individual without the use of force.

A) Constructive
B) Actual
C) Proactive
D) Passive

Answer 3

Actual

Question 4

A(n) ________ seizure takes place without any physical touching, grabbing, holding, or use of force.

A) Constructive
B) Actual
C) Proactive
D) Passive

Question 5

In Payton v. New York, the Supreme Court ruled that the police may not validly enter a private home to make a routine, warrantless felony arrest, unless justified by ________.

A) Exclusionary evidence
B) Physical evidence
C) Reasonable suspicion
D) Exigent circumstances

Question 6

The Supreme Court held that "the Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation, punishable only by a fine." This case was:

A) Atwater v. City of Lago Vista
B) Dunaway v. New York
C) Payton v. New York
D) Welsh v. Wisconsin

Question 7

Who determines whether probable cause exists to issue an arrest warrant?

A) Police officer
B) Court clerk
C) Judge or magistrate
D) Prosecutor

Question 8

In arrests without a warrant, probable cause must be established by a ________.

A) Police officer
B) Court clerk
C) Judge or Magistrate
D) Prosecutor

Question 9

The warrantless nighttime entry of a suspect's home to effect an arrest for a non-jailable offense violates the ________ Amendment.

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

Question 10

In United States v. Watson, the Supreme Court ruled that an arrest without a warrant in a ________ is valid as long as there is probable cause, even if there is time to obtain a warrant.

A) Public place
B) Private place
C) Secluded place
D) Reserved space

Question 11

Which of the following is not one of the three "legitimate law enforcement interests" that, when taken together, provide substantial justification for detaining occupants who are on the premises during a search warrant's execution?

A) Minimizing the risk of harm to the officers
B) Preventing flight
C) Facilitating the completion of the search
D) Taking additional time to conduct the search

Question 12

All detentions constitute an arrest.

Question 13

An unlawful arrest deprives the court of jurisdiction to try a criminal case.

Question 14

A warrantless arrest that begins in a public place is valid even if the suspect retreats to a private place and is arrested there.

Question 15

An arrest without a warrant in a public place is valid as long as there is reasonable suspicion, even if there is time to obtain a warrant.

Question 16

"Seizure" under the Fourth Amendment occurs only when there is either use of physical force or submission by the suspect to the authority of the officer.

Question 17

The test to determine whether a seizure of a person occurs is whether a reasonable person viewing the police conduct would conclude that he or she is not free to leave.

Question 18

Reasonable suspicion is needed for the stationhouse detention of a suspect if such detention is accompanied by an interrogation.

Question 19

An illegal arrest or seizure of a person violates the constitutional rights of an individual and can lead to a lawsuit against the police.

Question 20

All jurisdictions in the U.S. authorize officers to arrest a person, even while off-duty, if there is probable cause to believe that a crime has been or is being committed.

Question 21

Detentions incident to the execution of a search warrant are not necessarily limited to the immediate vicinity of the premises to be searched.

Question 22

A warrant to search carries with it the unlimited authority to detain the occupants of the premises while the search is conducted.