Deck 4: Law Enforcement and the Citizen on the Street

Question 1

The two most common types of detention are the pedestrian stop (Terry v. Ohio) and:

A) the administrative inspection.
B) the consent stop.
C) the vehicle stop.
D) the legislative stop.

Answer 1

the vehicle stop.

Question 2

The U.S. Supreme Court in Terry developed the concept of searches of differential intrusiveness, and in those cases in which the intrusiveness is minimal; the standard of ________ was deemed sufficient.

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

Answer 2

"reasonable suspicion"

Question 3

The ________ case developed the concept of stop and frisk.

A) Simmons
B) Jackson
C) Johnson
D) Terry

Answer 3

Terry

Question 4

Terry stops are restricted to:

A) the outer clothing.
B) reaching only inside the waistband.
C) reaching only into pockets of an individual.
D) Terry stops are not restrictive of searching an individual.

Question 5

The leading Supreme Court decision on this distinguishing a Terry stop from an arrest is:

A) Terry v. Ohio.
B) United States v. Sharp.
C) Mapp. v. Ohio.
D) Watkins v. California.

Question 6

When does a detention start?

A) The moment that handcuffs are applied
B) The moment that the officer directs the vehicle or individual to stop
C) The moment that the officer instructs the citizen on the detention
D) The moment which a citizen is put into the back of a police car

Question 7

A detention requires at least:

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

Question 8

In order to justify a police stop, a police officer must have "a reasonable suspicion" of some wrongdoing. In determining reasonableness, an officer must:

A) develop probable cause.
B) develop preponderance of the evidence.
C) be able to point to specific and articulable facts.
D) All of the above

Question 9

Generally, before the police may affect a lawful detention, the officers need to possess a ________ that the person may be involved in criminal behavior.

A) police hunch
B) reasonable suspicion
C) probable cause
D) proof beyond a reasonable doubt

Question 10

The ________ of the United States Constitution protects individuals against unreasonable searches and seizures.

A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 8th Amendment

Question 11

In ________, a state court upheld a detention of the vehicle when the identities of the persons within the vehicle were unknown and a warrant existed for the registered owner.

A) People v. Dominguez
B) People v. Johnson
C) Chimel v. California
D) United States v. Terry

Question 12

A warrantless protective sweep of a residence by the police who are making a lawful arrest in the residence is considered to be legal if the police have ________ that the residence may contain an individual who poses a danger to the officers or to others.

A) a police hunch
B) a reasonable suspicion
C) probable cause
D) proof beyond a reasonable doubt

Question 13

In 2013, a U.S. District Court Judge ruled that the NYPD stop-and-frisk practice was:

A) unconstitutional.
B) constitution.
C) non-discriminatory.
D) fairly administered.

Question 14

The U.S. Supreme Court noted that only the initial stop of each motorist passing through a checkpoint and the associated preliminary questioning and observation by checkpoint officers were before the court and stated that the detention of particular motorists for more extensive field sobriety testing may require satisfaction of a(n):

A) judge's scrutiny.
B) warrant.
C) individualized suspicion standard.
D) Both A and B

Question 15

If the police temporarily restrict the freedom of the individual, the actions of the police may constitute:

A) an arrest.
B) a detention.
C) an arrest tantamount.
D) an temporary arrest.

Question 16

Under the Fourth Amendment, there are three distinct levels of interaction between the police and an individual on the street or in a public place. Which of the following is not one of these levels?

A) Consensual encounters
B) Detentions
C) Arrests
D) Prosecutions

Question 17

Handcuffing an alleged drug dealer and moving them to another area of an airport for questioning is considered to be a(n):

A) arrest.
B) detention.
C) custodial detention.
D) incarceration.

Question 18

A temporary detention of a vehicle requires the level of probable cause necessary to support a temporary detention, which is:

A) less than that required for a full arrest.
B) the same as that required for a full arrest.
C) more than that required for a full arrest.
D) None of these are correct.

Question 19

When does a vehicle detention start?

A) The moment when an officer turns on the red lights
B) The moment that the officer calls the stop in to dispatch
C) The moment that the offender pulls over
D) The moment when the officer tells the suspect verbally that re being detained

Question 20

In determining the reasonableness of a Terry Stop, an officer "must be able to point to specific and articulable facts" that warrant the governmental intrusion; reliance on which of the following is not sufficient?

A) Inchoate suspicion
B) Unparticularized suspicion
C) A hunch
D) All of the answers are correct.

Question 21

If the police temporarily restrict the freedom of the individual, the actions of the police may constitute a(n):

A) detention.
B) arrest.
C) tantamount arrest.
D) temporary arrest.

Question 22

Until 1967, a search was an all-or-nothing concept. Either it was a search subject to the probable cause and warrant requirements or it was not a search. This situation often was referred to as the:

A) red-line approach.
B) bright-line approach.
C) blue-line approach.
D) red-light approach.

Question 23

A stop and frisk is less than an arrest.

Question 24

In Mapp v. Ohio, the Court held that a police officer may temporarily detain a person for questioning if the officer has a reasonable suspicion that criminal activity may be involved.

Question 25

A warrantless protective sweep of a residence by the police who are making a lawful arrest in the residence is considered to be legal if the police have a reasonable suspicion that the residence may contain an individual who poses a danger to the officers or to others.

Question 26

When an individual is arrested, the officer may search the individual based solely on the fact of a legal arrest.

Question 27

Reasonable suspicion is less than probable cause.

Question 28

In People v. Remiro, a state appellate court upheld the stopping of the vehicle on the basis of the officer's reasonable suspicion.

Question 29

A stop based on a "wanted flyer"
or a similar notice or bulletin issued by another jurisdiction and related to completed criminal activity is sufficient basis to detain a vehicle and its occupants if the other jurisdiction had a valid basis to issue the flyer, and so forth.

Question 30

When police approach an individual and inquire whether he or she would be willing to answer any questions.

Question 31

Skin color may justify a heightened suspicion for all members of a particular race depending on crime statistics of that area.

Question 32

State sobriety checkpoints were ruled unreasonable according to the U.S. Supreme Court.

Question 33

The U.S. Supreme Court has held that the police cannot use drug-sniffing dogs outside of a home to detect illegal drugs inside, unless officers have a warrant.

Question 34

The U.S. Supreme Court has held that the use of a well-trained narcotics-detection dog during a lawful traffic stop generally did not implicate legitimate privacy interests.

Question 35

A canine sniff in a public place like a mall is legal under most circumstances.

Question 36

The Fourth Amendment treats a motorist's vehicle as his castle.

Question 37

If during the pat-down for weapons the officer feels a weapon on the individual, the officer then has probable cause to conduct a complete search.

Question 38

If the police temporarily restrict the freedom of the individual, the actions of the police may constitute a(n) ________.

Question 39

A(n) ________ requires at least reasonable suspicion.

Question 40

A stop based on a(n) "________"
or a similar notice or bulletin issued by another jurisdiction and related to completed criminal activity is sufficient basis to detain a vehicle and its occupants.

Question 41

A(n) "________"
is a temporary detention of a person.

Question 42

A(n) ________ is a limited search of the stopped person's outer clothes for a weapon.

Question 43

The U.S. Supreme Court in ________ held that sobriety checkpoints were reasonable considering the increasing number of alcohol related deaths and mutilations on the nation's roads.

Question 44

The Court has held that ________ will sometimes justify highway stops without individualized suspicion.

Question 45

Police dogs cannot sniff homes without a(n) ________.

Question 46

A warrantless canine sniff performed around your vehicle is ________.

Question 47

The New York City Police Department (NYPD) stops and frisks ________ of individuals each year.

Question 48

Explain the differences between an arrest and a Terry stop.

Question 49

Explain the California Supreme Court's ruling in Ingersoll v. Palmer, 743 P.2d. 1299 (1987).

Question 50

Explain the facts of the Terry v. Ohio case.

Question 51

When does an officer need a warrant to use a drug-sniffing detection dog?

Question 52

When may an officer frisk an individual for a weapon?

Question 53

Explain a temporary detention versus an arrest and when each may be used.

Question 54

Explain why the NYPD Stop and Frisk program is so controversial.