Deck 4: Searches and Arrests With Warrants

Question 1

The phrase ?neutral and detached? means that the judge should not:

A) Have a financial interest in the case.
B) Accompany the police when they serve the warrant.
C) Serve a prosecuting function.
D) All of the above

Answer 1

All of the above

Question 2

Warrants must be issued by:

A) Prosecutors.
B) Any magistrate.
C) A neutral and detached magistrate.
D) An employee of the executive branch of government.

Answer 2

A neutral and detached magistrate.

Question 3

A search warrant must be supported by probable cause that the:

A) Person to be arrested committed the crime.
B) Suspect will be found at a particular location.
C) Items to be seized are connected with criminal activity.
D) Items to be seized are in the location to be surveilled.

Answer 3

Items to be seized are connected with criminal activity.

Question 4

Particularity is concerned with which of the following?

A) Who is to be arrested?
B) The description on the person to be arrested
C) Where a search is to be conducted
D) What evidence is sought?
E) All of the above

Question 5

Which of the following are activities governed by the Fourth Amendment?

A) Arrests with warrants
B) Searches with warrants
C) Arrests without warrants
D) All of the above

Question 6

Which one of the following is NOT a factor used to distinguish between an arrest and a stop?

A) Purpose
B) Manner
C) Duration
D) Situation

Question 7

In which case did the Supreme Court first hold that police officers cannot make warrantless, nonconsensual entries into private homes for the purpose of making arrests?

A) Michigan v. Summers
B) Terry v. Ohio
C) Payton v. New York
D) Steagald v. United States

Question 8

When may the police use deadly force while serving an arrest warrant?

A) With any felony warrant in which the magistrate has authorized deadly force
B) When the suspect resists arrest and is verbally abusive to the arresting officers
C) When the suspect attempts to flee after being ordered to stop
D) When the suspect attempts to flee and will likely inflict harm on other people or police officers

Question 9

The landmark case which first created the ?knock and announce? rule was:

A) Sabbath v. United States.
B) Miller v. United States.
C) Graham v. Connor.
D) Tennessee v. Garner.

Question 10

The execution of search warrants is subject to ________ constraints.

A) Time
B) Scope
C) Manner
D) All of the above

Question 11

With regard to the scope of a search warrant, police can look:

A) Anywhere evidence can be found.
B) Anywhere the item sought could reasonably be found.
C) Only in unlocked areas.
D) In all locked areas.

Question 12

Which of the following is a common time constraint with regard to the service of search warrants?

A) The service of the warrant should take place promptly after its issuance.
B) The warrant may need to be served during daytime hours.
C) The search cannot last indefinitely.
D) The police must obtain another warrant if they want to search again after they have left.
E) All of the above

Question 13

According to the Supreme Court in Michigan v. Summers, why may police lawfully detain a person without probable cause during the service of a search warrant?

A) To bring him to the police station one time to take fingerprints
B) To bring him to the police station for questioning
C) To bring him to the police station for questioning after being read Miranda warnings
D) During the time that a search warrant is executed in the person's house

Question 14

In what case did the Supreme Court rule that a search warrant was necessary before police could cause remove a bullet to be surgically removed from a suspect?

A) Terry v. Ohio
B) Rochin v. California
C) United States v. Crowder
D) Winston v. Lee

Question 15

The use by several cities of strategically located video cameras to look for crime is:

A) Constitutionally permissible.
B) A violation of Fourth Amendment privacy rights.
C) A violation of Title III without a warrant.
D) Allowed under the PATRIOT Act.

Question 16

A warrant that permits interception of electronic communications is known as a ________ warrant.

A) Section 1983
B) Title III
C) Title IX
D) Section 242

Question 17

Title III restricts the ?interception? of:

A) Oral communications in private places.
B) Oral communications in public places.
C) Material posted on unrestricted websites.
D) Discussions in on-line chat rooms.
E) All of the above

Question 18

For a Title III warrant to be issued, the warrant application must do which of the following?

A) Identify the officer filing for the warrant.
B) Identify the officer who approved the filing for the warrant.
C) Contain a full and complete statement of the facts and circumstances relied upon by the applicant.
D) Contain a particular description of the nature and location of the facilities from which the communications will be intercepted.
E) All of the above

Question 19

Media presence during the service of search warrants is:

A) Uniformly prohibited by statute.
B) Always violates the right to privacy.
C) Acceptable if a legitimate law enforcement objective is served.
D) Required if a legitimate law enforcement objective is served.

Question 20

Which of the following statutes has restricted or continues to restrict electronic surveillance?

A) Title III of the Omnibus Crime Control and Safe Streets Act of 1968
B) 1986 amendments to Title III
C) Electronic Communications Privacy Act
D) The Patriot Act
E) All of the above

Question 21

Probable cause is required for all valid search and arrest warrants.

Question 22

The Supreme Court has ruled that a state Attorney General may issue a search warrant in a case that officer directs if a statute explicitly confers such power.

Question 23

Evidence obtained under a search warrant must be excluded if the magistrate who issues it received a fee for issuing the warrant, even if the amount of the fee is trivial.

Question 24

A magistrate can still be considered neutral if they disclose the fact that they are receiving a small fee to issue a warrant.

Question 25

With regard to the probable cause showing, the officer applying for an arrest warrant must simply show probable cause that the person to be arrested committed the crime.

Question 26

With regard to the probable cause showing, the officer applying for a search warrant must only show probable cause that the items to be seized are connected with criminal activity.

Question 27

The particularity showing in a search warrant includes a specific description of the place to be searched and the items to be seized.

Question 28

The police may enter a third party's home to make an arrest as long as there is an arrest warrant for the person.

Question 29

The police are always required to announce their presence when serving warrants.

Question 30

Search warrants must be served during daylight hours.

Question 31

If the police mistakenly search the wrong residence, the search will automatically be deemed invalid.

Question 32

Arrests require probable cause but investigatory stops only require reasonable suspicion.

Question 33

A compelled surgical intrusion into an individual's body for evidence implicates expectations of privacy and security of such magnitude that the intrusion may be ?unreasonable? even if likely to produce evidence of a crime.

Question 34

The federal government has to follow a different set of rules than the state government with regard to electronic communication.

Question 35

The Fourth Amendment requirements do not apply to e-mails.

Question 36

Arrest ________ are required for arrests in private places, provided exigent circumstances are absent.

Question 37

To obtain a search warrant, an officer must present a written affidavit to a magistrate or judge in which the officer establishes ________ cause to believe the items to be seized are connected with criminal activity and the items to be seized are in the location to be searched.

Question 38

In Steagald v. United States the Supreme Court ruled that a(n) ________ warrant is necessary to arrest a person in a third-party residence.

Question 39

The police ignore the ________ and announce rule if they have a reasonable suspicion that to do so would be dangerous or futile.

Question 40

In Tennessee v. Garner the Supreme Court adopted a rule concerning police use of ________ force.

Question 41

When executing a search warrant, the scope of the search must be ________ based on the object of the search.

Question 42

According to the Supreme Court in Michigan v. Summers, the police may ________ people as needed while serving a search warrant.

Question 43

The scope of the search must be ________, based on the object of the search.

Question 44

Title II regulates police use of ________ surveillance devices.

Question 45

The Protect America Act removed the warrant requirement for government surveillance of ________ intelligence targets.

Question 46

Match the term with the proper definition or description.

-Arrest

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 47

Match the term with the proper definition or description.

-Knock and announce rule

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 48

Match the term with the proper definition or description.

-Deadly force

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 49

Match the term with the proper definition or description.

-Non-deadly force

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 50

Match the term with the proper definition or description.

-Arrest warrant

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 51

Match the term with the proper definition or description.

-Search warrant

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 52

Match the term with the proper definition or description.

-Neutral and detached magistrate

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 53

Match the term with the proper definition or description.

-Particularity

A) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.
B) Force that is likely to cause death or serious bodily harm.
C) The act of taking an individual into custody for the purpose of charging a person with a crime.
D) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description, and that a search warrant describe the place to be searched and the things to be seized.
E) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
F) Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.
G) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense.
H) The requirement that, before executing warrant, officers identify themselves and their intentions.

Question 54

Decide if the description is required for an arrest warrant or if an arrest warrant is not required. Each answer can be used more than once.

-In a home/residence absent exigent circumstances

A) The description is required for an arrest warrant.
B) An arrest warrant is not required.

Question 55

Decide if the description is required for an arrest warrant or if an arrest warrant is not required. Each answer can be used more than once.

-In a third-party home

A) The description is required for an arrest warrant.
B) An arrest warrant is not required.

Question 56

Decide if the description is required for an arrest warrant or if an arrest warrant is not required. Each answer can be used more than once.

-The arrest is made in public

A) The description is required for an arrest warrant.
B) An arrest warrant is not required.

Question 57

Decide if the description is required for an arrest warrant or if an arrest warrant is not required. Each answer can be used more than once.

-Exigent circumstances exist

A) The description is required for an arrest warrant.
B) An arrest warrant is not required.

Question 58

The particularity clause of the warrant requirement is different for arrest warrants than search warrants. Explain this clause and when it is required for each type of warrant.

Question 59

Identify and discuss the permissible level of force to affect an arrest?

Question 60

When serving search warrants, the courts have placed several restrictions on when and how the police execute them. Explain the two main constraints and how they affect the police.

Question 61

Explain the two leading Supreme Court cases that address bodily intrusion during the course of a search.

Question 62

In today's society, the media plays a large role in both informing the public and creating public positive public relations for police departments. The courts have ruled about the presence of media members being present during the service of warrants. What did the courts determine was appropriate and do you think it was the correct decision (based on todays media frenzied society)?

Question 63

Should wiretap or communication interception laws be relaxed in light of the September 11, 2001 attacks on the United States?