Deck 9: The Law of Search, Seizure, and Self-Incrimination

Question 1

A(n) ______ happens when the police take a person into custody for the purposes of criminal prosecution and interrogation.

A) arrest
B) stop
C) encounter
D) investigation

Answer 1

arrest

Question 2

A(n) ______ is a governmental infringement into a person's reasonable expectation of privacy for the purpose of discovering things that could be used as evidence in a criminal prosecution.

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

Answer 2

search

Question 3

The standard of proof necessary to justify the issuance of an arrest warrant is ______.

A) probable cause
B) reasonable suspicion
C) beyond a reasonable doubt
D) preponderance of the evidence

Answer 3

probable cause

Question 4

When making an arrest inside of a home, which of the following exceptions to the arrest warrant requirement may apply?

A) plain view
B) motor vehicle exception
C) open fields
D) exigent circumstances

Question 5

A(n) ______ involves the police taking control of a person or thing because of a violation of law.

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

Question 6

A(n) ______ is generally required when the police wish to seize evidence.

A) search warrant
B) arrest warrant
C) injunction
D) citation

Question 7

When a person is placed in handcuffs, it means the person is ______.

A) in custody of police
B) not automatically in custody of police
C) guilty of a crime
D) going to jail

Question 8

The Supreme Court of the United States restricted governmental searches wherever individuals have a reasonable expectation of privacy in ______.

A) Loving v. Virginia
B) Miranda v. Arizona
C) Terry v. Ohio
D) Katz v. United States

Question 9

The ______ exception to the warrant requirement allows police to conduct a search without a warrant in situations where, without immediate police action, the suspect may destroy evidence or may pose a threat of danger to himself, the police, or the public, or someone else may be in further danger of harm.

A) good faith
B) plain view
C) exigent circumstances
D) plain view.

Question 10

When a motorist is pulled over for a legitimate traffic offense to allow the officer to investigate a separate, unrelated criminal offense, it is called a(n) ______ stop.

A) unconstitutional
B) pretextual
C) checkpoint
D) routine

Question 11

The U. S. Supreme Court decision in ______ created the hot pursuit exception to the warrant requirement.

A) McCulloch v. Maryland
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) Warden v. Hayden

Question 12

If an arrest occurs outside of a house, officers ______.

A) may search the home without a warrant under the search incident to arrest exception
B) may search the home without a warrant if they obtain consent
C) may not search the home without a warrant under any circumstance
D) may search the home without a warrant if they reasonably believe evidence of a crime is inside

Question 13

The level of proof needed for officers to conduct a stop and frisk is ______.

A) reasonable suspicion
B) probable cause
C) beyond a reasonable doubt
D) preponderance of the evidence

Question 14

The primary reason for conducting a search during a stop and frisk is to ______

A) find weapons
B) find drugs
C) find any evidence of a crime
D) determine the identity of the subject

Question 15

In ______, the Supreme Court of the United States decided that a search without a warrant is permitted, in the name of officer safety, when an officer has reasonable suspicion that criminal activity is afoot and that the suspect may be armed.

A) Miranda v. Arizona
B) Grady v. North Carolina
C) Terry v. Ohio
D) Edwards v. Arizona

Question 16

Which of the following exceptions is the most common reason why the police conduct searches without a warrant?

A) plain view
B) consent
C) vehicle
D) search incident to arrest

Question 17

Who may give valid consent to search a hotel room?

A) the desk clerk
B) the hotel manager
C) the hotel owner
D) the person renting the hotel room

Question 18

In ______, the Supreme Court of the United States made the exclusionary rule applicable to the states.

A) Edwards v. Arizona
B) Mapp v. Ohio
C) United States v. Jones
D) Kedra v. City of Philadelphia

Question 19

The ______ exception to the exclusionary rule allows evidence that was seized illegally owing to an unintentional error in conducting the search, to be admissible in court.

A) inevitable discovery
B) independent source
C) good faith
D) purged taint

Question 20

The ______ exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court, if the evidence would have been found without the illegal search.

A) inevitable discovery
B) independent source
C) good faith
D) purged taint

Question 21

The ______ exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court, when the voluntary actions of the suspect nullify the illegal actions of the police.

A) inevitable discovery
B) independent source
C) good faith
D) purged taint

Question 22

The ______ exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court, when the evidence is obtained independent of the illegal police action.

A) inevitable discovery
B) independent source
C) good faith
D) purged taint

Question 23

The ______ Amendment to the U.S. Constitution affords the accused the right to an attorney in criminal legal proceedings.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 24

Suspects must be advised of their Miranda rights ______.

A) at the trial stage
B) anytime a police officer asks a citizen a question
C) only if the suspects' attorney requests it
D) when a suspect is in custody and prior to questioning

Question 25

If police read a suspect the Miranda warnings and he remains silent, ______.

A) it is the equivalent of invoking his Miranda rights
B) it is the equivalent of waiving his Miranda rights
C) the police must cease all questioning
D) the police may continue questioning

Question 26

The ______ exception allows police officers to question a suspect without first reading the Miranda warnings, if they reasonably believe he has information that will help save a life or prevent serious injury.

A) public safety
B) incident to arrest
C) plain view
D) inevitable discovery

Question 27

What standard of proof is needed to search the passenger compartment of a vehicle for evidence?

A) reasonable suspicion
B) probable cause
C) beyond a reasonable doubt
D) preponderance of the evidence

Question 28

What exception to the search warrant requirement allows law enforcement to take a DNA swab as part of the arrest and booking procedures?

A) consent
B) other places and things
C) stop and frisk
D) plain view

Question 29

Most arrests by police officers are made with an arrest warrant.

Question 30

A reasonable expectation of privacy exists when a person believes that his or her activity will be private and that belief is reasonable.

Question 31

A search warrant is to be based on reasonable suspicion.

Question 32

For an officer to be able to make an arrest, the standard of proof must be beyond a reasonable doubt

Question 33

The 10th Amendment to the U.S. Constitution is to protect individuals' privacy and to protect against arbitrary intrusions into that privacy by government officials.

Question 34

The Supreme Court of the United States ruled that when police encounter a situation where a subject is injured, may be about to be injured, or is in need of aid, exigent circumstances exist, and a warrant is not needed to enter a home.

Question 35

Any traffic offense committed by a driver provides a legal basis for a traffic stop.

Question 36

If a vehicle with multiple occupants is stopped by a police officer and there is reasonable suspicion of a crime, only the driver is subject to being searched.

Question 37

No warrant is required to search garbage left outside of a house for collection.

Question 38

The police may not, without a warrant, search a cell phone seized from an arrestee, unless exigent circumstances or consent exist.

Question 39

During a stop and frisk, officers are permitted to perform a pat down of the suspect in order to locate any evidence of criminal activity.

Question 40

A stop and frisk based on an anonymous tip is legally permissible.

Question 41

A hotel clerk can give valid consent to search a hotel room.

Question 42

When two people with common authority over the premises are present and one gives consent to search and the other objects, then a consent search would not be justified.

Question 43

"Knock and Talk" involves the police approaching a house, knocking, talking to the occupant, and seeking consent to enter and search the home.

Question 44

The exclusionary rule only applies to federal law enforcement agencies.

Question 45

The independent source exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court when the evidence is obtained independent of the illegal police action.

Question 46

The good faith exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court when the voluntary actions of the suspect nullify the illegal actions of the police.

Question 47

The purged taint exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court if the evidence would have been found without the illegal search.

Question 48

The 10th Amendment to the U.S. Constitution affords the accused the right to be represented by an attorney in criminal legal proceedings.

Question 49

The right to an attorney is present once the accused goes to trial.

Question 50

Once a suspect has been indicted and has retained by an attorney, the police can no longer question him if even through a third party or coconspirator.

Question 51

If a defendant invokes his Miranda rights when interrogated by the police, a prosecutor cannot comment to the jury that not testifying constitutes evidence of guilt.

Question 52

There are no exceptions to the Miranda requirements.

Question 53

Identify when a search warrant is necessary, the legal standard needed, and the information specified in the warrant.

Question 54

Discuss the impact of the Miranda requirement.

Question 55

Identify the key protections contained in the Fourth Amendment to the U.S. Constitution.

Question 56

Explain the "exigent circumstances" exception to the search warrant requirement.

Question 57

Explain the "vehicle" exception to the search warrant requirement.

Question 58

Explain the "search incident to arrest" exception to the warrant requirement and its limitations.

Question 59

Explain the scope of an allowable search under the stop and frisk exception to the warrant requirement.

Question 60

Explain the parameters of the plain view exception to the warrant requirement.

Question 61

Detail the proper procedure to legally conduct a "knock and talk" search.

Question 62

Identify and explain the limitations of the consent search exception to the warrant requirement.

Question 63

Explain the exclusionary rule and the exceptions to the exclusionary rule.

Question 64

Identify the procedural safeguards contained in the Fifth and Sixth Amendments to the U.S. Constitution.

Question 65

Identify the "Miranda Warnings" and when police must notify suspects of their Miranda rights.

Question 66

Identify and explain two exceptions to the Miranda requirement.