Deck 3: Arrest and Custody

Question 1

The term "arrest" is derived from:

A) Old English.
B) French.
C) Latin.
D) Spanish.

Answer 1

French.

Question 2

The elements of an arrest include:

A) an arrest warrant.
B) reason to believe a person has committed a crime.
C) that the person to be arrested committed the crime.
D) All of the above.
E) Only answers B and C are correct.

Answer 2

Only answers B and C are correct.

Question 3

A federal marshal has jurisdiction to make an arrest in which of the following locations?

A) Anywhere within the territorial limits of the United States
B) Only in the state in which he or she is assigned
C) Only in a state when accompanied by a local law enforcement officer
D) None of the above answers are correct.

Answer 3

Anywhere within the territorial limits of the United States

Question 4

The federal department responsible for preventing terrorist attacks within the United States; reducing America's vulnerability to terrorism; and minimizing the damage and recover from attacks that do occur.

A) U.S. Department of Justice
B) U.S. Postal Service
C) Department of Homeland Security
D) Department of National Borders

Question 5

When is it permissible for a law enforcement officer to use force in making an arrest?

A) When he/she has reasonable cause to believe that the person to be arrested has committed a public offense
B) In felony cases only
C) Only when the individual to be arrested is dangerous to the community
D) Only with an arrest warrant

Question 6

In which of the cases listed below did the Supreme Court establish certain safeguards for individuals being interrogated by the police?

A) Brown v. Mississippi
B) Ashcraft v. Tennessee
C) Miranda v. Arizona
D) Escobedo v. Illinois
E) Spano v. New York

Question 7

In which of the cases listed below was the defendant taken to the police station and questioned continuously for two (2) days before he confessed?

A) Brown v. Mississippi
B) Ashcraft v. Tennessee
C) Miranda v. Arizona
D) Escobedo v. Illinois
E) Spano v. New York

Question 8

In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing?

A) Brown v. Mississippi
B) Ashcraft v. Tennessee
C) Miranda v. Arizona
D) Escobedo v. Illinois
E) Spano v. New York

Question 9

In which of the cases listed below did police refuse a defendant's request to see his attorney?

A) Brown v. Mississippi
B) Ashcraft v. Tennessee
C) Miranda v. Arizona
D) Escobedo v. Illinois
E) Spano v. New York

Question 10

Which of the classes of persons listed below has at least limited immunity from arrest?

A) Police officers
B) Correctional officers
C) Out-of-state witnesses
D) Legislators
E) Only C and D

Question 11

All states except ________ have some type of state police or law enforcement system.

A) Hawaii
B) Arizona
C) North Dakota
D) Montana

Question 12

This federal agency investigates and curtail counterfeiting of U.S. currency.

A) The FBI
B) The Secret Service
C) The U.S. Marshals Service
D) The Federal Police

Question 13

The Department of Homeland Security has ________ divisions.

A) three
B) four
C) five
D) six

Question 14

The justifications under the common law rule allowing for individuals to resist an unlawful arrest include:

A) a state may not indiscriminately take away a person's liberty.
B) citizens are responsible for governing the governors (police).
C) innocent persons may resist by virtue of the injustice attempted to be placed on them.
D) All of the above are correct.

Question 15

Before the U.S. Supreme Court decided Miranda v. Arizona, confessions and the accompanying interrogations were decided:

A) by a case-by-case method.
B) by the jury.
C) by a pre-trial conference with the judge.
D) by local precedent.

Question 16

A detention requires at least:

A) reasonable suspicion.
B) an inarticulable police hunch.
C) probable cause.
D) preponderance of evidence.

Question 17

Generally, federal law enforcement officers have jurisdiction to arrest:

A) anywhere within the United States.
B) only on federal lands.
C) in the District of Columbia.
D) anywhere in the United States except on Indian reservations.

Question 18

The authority which has been granted to an officer to make arrests beyond the officer's jurisdiction is called?

A) Posse comitatus
B) A contrario
C) Ab uno disce omnes
D) Stare decisis

Question 19

In the Supreme Court case of Arizona v. Gant, the Court limited the Fourth Amendment search authority of a passenger compartment of a vehicle to which circumstance?

A) The police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search.
B) It is reasonable to believe the vehicle contains evidence of the offense of the arrest.
C) Both A and B
D) None of the above.

Question 20

A law enforcement officer or peace officer is a person who:

A) is employed by some branch of the government.
B) is sworn to uphold the laws of the government by which he or she is employed.
C) wears a distinctive uniform.
D) Both A and B are correct

Question 21

To constitute a valid warrantless arrest, the police need:

A) reasonable suspicion.
B) probable cause.
C) police hunch.
D) intuition.

Question 22

For detention stops, the police need at least ________ based on articulable facts.

A) reasonable suspicion
B) probable cause
C) police hunch
D) intuition

Question 23

The right to make an arrest by a private person can be traced back to early ________ common law.

A) Irish
B) Roman
C) German
D) English

Question 24

A private person arrest is an arrest performed by a civilian who lacks official government authority to make an arrest (as opposed to an officer of the law).

Question 25

A private person may make arrests under all conditions exactly as that of a police officer.

Question 26

An arrest has been defined as the taking of a person into custody in a manner authorized by the law.

Question 27

The use of telephonic warrants is not permitted by the U.S. Supreme Court.

Question 28

Many states require officers to have warrants of arrest for misdemeanors committed outside of their presence.

Question 29

Mere temporary detention for questioning is not considered an arrest.

Question 30

Moral turpitude has been defined as conduct contrary to justice, honesty, modesty, or good morals.

Question 31

The Uniform Act of Fresh Pursuit provides that under some circumstances, a peace officer of one state may enter another state to arrest a fleeing felon.

Question 32

The Uniform Act of Fresh Pursuit applies only to felonies.

Question 33

Diplomatic officials have unlimited immunity from arrest.

Question 34

Legislators of some state legislative bodies have limited immunity from arrest.

Question 35

Consuls have unlimited immunity from arrest.

Question 36

Failure of an arrested person to demand the right to make a telephone call is considered a waiver of that right.

Question 37

A warrant for arrest and a citation to appear are one and the same.

Question 38

An accused person must be booked before he or she is released on a citation.

Question 39

Certain individuals are immune from arrest because of ________ regulations.

Question 40

The ________ rule requires that before a suspect is interrogated while in custody, the suspect must be advised of his or her rights.

Question 41

An officer may use ________ force to effect an arrest.

Question 42

________ to arrest exists when there is evidence that a crime has probably been committed and that the person to be arrested committed it.

Question 43

The arrest by a private person is sometimes referred to as a(n) ________ arrest.

Question 44

A nonfederal law enforcement officer's jurisdiction to make an arrest is determined by ________.

Question 45

Most states have some type of provision in their statutes granting immunity to legislative members, but this immunity is ________.

Question 46

Since ________ immunity is limited to acts in performance of their duties, the immunity does not include members of their families or servants.

Question 47

Two police officers talking to each other in the presence of a suspect in a manner designed to encourage the suspect to make a statement is considered as a(n) ________ by the officers.

Question 48

A summons differs from a citation in that a summons is issued by a(n) ________ and either mailed to or served upon the accused personally, commanding his or her appearance.

Question 49

What constitutes an arrest?

Question 50

What are the essential elements necessary to constitute probable cause to arrest?

Question 51

When may a police officer arrest a person without a warrant?

Question 52

When may a police officer use deadly force in arresting a criminal?

Question 53

Define and explain the Uniform Act of Fresh Pursuit.

Question 54

Explain a citation and how it differs from an arrest.

Question 55

Explain the right to a phone call as pertaining to a person who has been arrested.

Question 56

Explain the eroding of the Miranda warnings.

Question 57

What are the differences between consensual encounters, detentions, and arrests?

Question 58

Why does the United States offer immunity to diplomats?