Deck 7: Police and the Constitution: The Rules of Law Enforcement

Question 1

When would a police officer not have to introduce him/herself when serving an arrest warrant?

A) probable cause
B) exigent circumstances
C) warrant
D) reasonable suspicion

Answer 1

B

Question 2

Which of the following are police officers NOT allowed to do during a stop and frisk?

A) Briefly detain a person they reasonably believe to be suspicious
B) Pat down that person's outer clothing for weapons
C) Pat down that person's outer clothing for drugs
D) Talk to the person

Answer 2

C

Question 3

In what case did the Supreme Court rule that the judicial determination of probable cause must be made within forty- eight hours after an arrest, even if this two- day period includes a weekend or holiday?

A) Michigan v. Fisher
B) Hudson v. Michigan
C) Riverside v. McLaughlin
D) Terry v. Ohio

Answer 3

C

Question 4

In order to arrest a person an officer must have which of the following?

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

Question 5

Which of the following is NOT one of the four elements that must be present for an arrest to take place?

A) intent
B) seizure or detention
C) understanding
D) compliance

Question 6

Which of the following contains the four potential sources of probable cause?

A) personal observation, information, evidence, association
B) information, personal observation, evidence, and exclusion
C) evidence, information, association, and exigence
D) personal observation, information, association, evaluation

Question 7

Which of the following is NOT one of the relevant factors in considering whether or not a consent to search was truly voluntary?

A) The written signature of the person giving consent.
B) The age, intelligence, and physical condition of the consenting suspect.
C) Any coercive behavior by the police, such as the language used to request consent.
D) The length of the questioning and its location.

Question 8

The U.S. Supreme Court case that set the precedent for the definition of "reasonable" suspicion was:

A) Davis v. United States
B) Maryland v. Wilson
C) Miranda v. Arizona
D) Terry v. Ohio

Question 9

A frisk may be conducted to search for which of the following when someone is simply being stopped and not arrested?

A) drugs
B) weapons
C) alcohol
D) evidence

Question 10

__________ is considered to have occurred when the arrested individual submits to the control of the officer, whether peacefully or under the threat or use of force.

A) A frisk
B) Detention
C) A stop
D) A warrant

Question 11

What is the intent of an officer in an arrest?

A) to investigate suspicious activity
B) to make a formal charge against a suspect
C) to conduct a full search for weapons or evidence
D) to frisk or pat down for weapons

Question 12

What is the terminology that is used to describe the reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person?

A) reasonable suspicion
B) reasonableness
C) probable cause
D) exigent circumstances

Question 13

Officers may conduct a warrantless arrest in which of the following circumstances?

A) If there are exigent circumstances.
B) If the officer has knowledge that a crime has been committed and reasonable suspicion to believe the crime was committed by a particular suspect.
C) If the offense was committed in the presence of the officer.
D) If the officer has knowledge that a misdemeanor has been committed and probable cause to believe the crime was committed by a particular suspect.

Question 14

Police officers must not just have probable cause to search and seize evidence, they must also legally exercise which of the following?

A) reasonable suspicion
B) reasonableness
C) plausibility
D) sensitivity

Question 15

The standard that the Supreme Court uses now to determine whether a stop is based on reasonable suspicion is called:

A) totality of circumstances
B) probable cause
C) reasonableness
D) Terry standard

Question 16

The Supreme Court has held that if an individual does not _______________ then they are considered to be under arrest.

A) give consent
B) feel free to leave
C) consent to their Miranda rights
D) comply

Question 17

In order to stop a person an officer must have which of the following?

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

Question 18

What is the Supreme Court's justification for saying that the Fourth Amendment does not require police to obtain a warrant to search automobiles when they have probable cause to believe that a vehicle contains contraband or evidence of criminal activity?

A) Because a warrant is never required for any movable object such as a vehicle.
B) By the time the officers could obtain the warrant, the suspects could have driven away and destroyed any evidence
C) Because there is no right to privacy in a vehicle that may be operated on a public roads.
D) Because warrants are only required for personal property such as homes, apartments, or garages.

Question 19

Any physical or verbal evidence police are able to acquire by using illegally obtained evidence is known as:

A) exclusionary rule
B) exigent circumstances
C) fruit of the poisoned tree
D) probable cause

Question 20

When someone is under arrest what is the officer authorized to search without a warrant
Or additional probable cause?

A) a passenger traveling with a suspect
B) the suspect's home and place of work
C) the suspect's vehicle at their home
D) area within the suspect's immediate control or reach

Question 21

In which of the following situations is a Miranda warning required?

A) When an identified suspect is questioned in regards to their involvement in a crime.
B) When the police do not ask the suspect any questions that are testimonial in nature.
C) During a stop and frisk when no arrest has been made.
D) When the police have not focused on a suspect and are questioning witnesses at the scene of a crime.

Question 22

Routine booking questions, such as the suspect's name, address, height, and eye color, may be asked by police before Mirandizing a suspect.

Question 23

Taking a person into custody who is suspected of criminal activity is called a/an __________.

Question 24

If the police see a person with a known criminal background in a place where criminal activity is openly taking place then they have probable cause to arrest them.

Question 25

Even though an investigatory stop is not an arrest, there are not any limits on the extent to which police can detain someone who has been stopped.

Question 26

If a suspect is read his or her Miranda rights, and says they would like an attorney, the officer should do which of the following?

A) Stop the interrogation immediately.
B) Leave the room and have another officer come and interrogate the suspect.
C) Try to convince the suspect to waive his Miranda rights.
D) Continue interrogating the suspect until their attorney arrives.

Question 27

The court assumes that even if a police officer does not lay a hand on a suspect, the general atmosphere of an interrogation is in and of itself _______________.

A) corrupt
B) brutal
C) inherent coercive
D) self-incriminating

Question 28

In California v. Greenwood, the Supreme Court did not believe that a suspect had a reasonable expectation of privacy when it came to his garbage bags.

Question 29

The practice of targeting people for police action based solely on their race, ethnicity, or
National origin is called:

A) fruit of the poisoned tree
B) racial disparity
C) exclusionary rule
D) racial profiling

Question 30

One of the requirements of police officers when they are conducting a search is that they are reasonable.

Question 31

Before a judge or magistrate will issue a search warrant, a police officer must present information showing reasonable suspicion that a crime has been or will be committed.

Question 32

Which Constitutional Amendment is the legal basis for the Miranda warning?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 33

The __________ rule is a rule under which any evidence that is obtained in violation of the accused's rights will not be admissible in criminal court.

Question 34

An officer may make an arrest on reasonable suspicion.

Question 35

A brief detention of a person by law enforcement agents for questioning is called a __________.

Question 36

One of the hoped-for consequences of the exclusionary rule is that it forces police to
gather evidence properly.

Question 37

A pat-down or minimal search by police to discover weapons is called a __________.

Question 38

__________ is the practice of targeting people for police action based solely on their race, ethnicity, or national origin.

Question 39

A Miranda warning is not necessary when no questions are asked of the suspect.

Question 40

The Supreme Court has held that police officers could require suspects to identify
themselves during a stop that is otherwise valid under the Terry ruling.

Question 41

An arrest made without first seeking a warrant for the action is known as a
_______________.

Question 42

Explain what a person's expectation to privacy is per the U.S. Supreme Court. Give real world examples of that expectation..

Question 43

The constitutional rights of accused persons taken into custody by law enforcement officials are called __________.

Question 44

The questioning of a suspect after that person has been taken into custody is called a __________.

Question 45

__________ are situations that require extralegal or exceptional actions by the police.

Question 46

Explain the exclusionary rule and the "fruit of the poisoned tree" doctrine. Describe how these rules/concepts affect police officers.

Question 47

Explain the four different categories of items that may be seized under a search warrant.

Question 48

Explain at least four of the circumstances where a Miranda warning does not have to be given to a person being questioned.

Question 49

The __________ doctrine is the legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence.

Question 50

Explain the four elements criminal justice professor Rolando V. del Carmen has identified that must be present for an arrest to take place.