Deck 8: Police and the Rule of Law

Question 1

Which of the following searches falls outside of the plain touch doctrine

A)Feeling a gun through a jacket during a pat-down search
B)Feeling a bag of marijuana in a pocket during a pat-down search for weapons
C)Feeling a brick of cocaine in a suitcase during a lawful bus sweep for immigrants
D)All of these are lawful under the plain touch doctrine

Answer 1

C

Question 2

A police officer cannot arrest someone for a misdemeanor unless the officer sees the crimeoccur. What is this known as

A)The hearsay rule
B)In-presence requirement
C)The fruit of the poisonous tree requirement
D)Probable cause

Answer 2

B

Question 3

A pretext stop one in which what happens

A)Police officers stop a car because they suspect the driver is involved in a crime butlack probable cause.
B)Police officers have probable cause that a driver is involved in a crime.
C)An undercover unit witnesses a driver committing a crime, such as a drug purchase,and a secondary vehicle makes the stop.
D)A car has multiple passengers, so a search is necessary for officer safety.

Answer 3

A

Question 4

The Court's decision in Illinois v. Gates established which legal standard

A)The knock and announce rule
B)The totality of circumstances test
C)The plain view doctrine
D)The plain feel doctrine

Question 5

The court decision of California v. Ciraola (1986) established which legal standard

A)That the police do not need a search warrant to conduct flyover searches
B)That collection of trash by police officers does not amount to a search
C)That police searches of open fields must not include the curtilage
D)That police do need a search warrant when conducting low-altitude searches but nothigh-altitude searches of properties

Question 6

What did the court forbid in Delaware v. Prouse regarding police practice duringroadblock searches.

A)The use of police canines to sniff the vehicles stopped at the roadblock
B)The systematic stop and search of all vehicles at roadblocks
C)The random stops of vehicles in the absence of any reasonable suspicion that a law hasbeen violated
D)The stops of vehicles for the driver's driving under the influence

Question 7

Which of the following is true of plain view search and seizure

A)It may be based on reasonable suspicion.
B)It must be based on probable cause.
C)It is permissible only under the authority of a search warrant or arrest warrant.
D)There are no restrictions on plain view search and seizures.

Question 8

Any unoccupied or undeveloped real property outside the grounds attached to a home isreferred to as:

A)Curtilage.
B)Open field.
C)Abandoned property.
D)Private property.

Question 9

In Florida v. Bostick, the court concluded that evidence seized during bus sweeps wasadmissible in court:

A)Provided that probable cause was first established.
B)Because the passengers in a bus fall under the same expectations as those in any motorvehicle, as established in Maryland v. Wilson.
C)Because a bus may be considered a public place where no expectations of privacyexist.
D)Provided that consent was given by the person whose belongings were searched.

Question 10

A(n) _____________ occurs when a police officer takes a person into custody or deprives aperson of freedom for having allegedly committed a criminal offense.

A)Arrest
B)Search
C)Warrantless search
D)Seizure

Question 11

When the Supreme Court hears cases pertaining to search and seizures, they draw mainly on the ________Amendment.

A)Fourth
B)Fifth
C)First
D)Eighth

Question 12

Which of the following searches falls outside of the protection of the plain view doctrine

A)Visually identifying a gun in a lawfully stopped vehicle
B)The use of low-altitude helicopters to search open fields
C)The use of high-altitude aircraft to search open fields
D)The use of thermal imaging devices to search for marijuana in a suspect's house orgarage

Question 13

A government actor's infringement on a person's reasonable expectation of privacy isreferred to as a:

A)Warrant.
B)Curtilage.
C)Search.
D)Seizure.

Question 14

Which of the following is not legal grounds for a search warrant

A)Testimony of an informant whose information can be partially verified by police
B)Testimony of a crime victim
C)A stand-alone telephone tip
D)Testimony of someone who has firsthand knowledge of the crime.

Question 15

The Chimel doctrine pertains to which of the following types of warrantless searches

A)Field interrogations
B)Automobile searches
C)Consent searches
D)Searches incident to a lawful arrest

Question 16

The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest orsearch warrant is known as:

A)The hearsay rule.
B)The in-presence requirement.
C)The fruit of the poisonous tree requirement.
D)Probable cause.

Question 17

The requirement that a search warrant state precisely where the search is to take place andwhat items are to be seized is referred to as the:

A)In-presence requirement.
B)Probable cause requirement.
C)Particularity requirement.
D)Neutral and detached requirement.

Question 18

The Fourth Amendment specifically states that no warrants shall be issued but upon:

A)Police discretion.
B)Due process of the law.
C)Probable cause.
D)Legal authority of a law enforcement agent.

Question 19

The two components of the stop-and-frisk are justified by, respectively:

A)The need for crime prevention and detection and the need to protect the officer.
B)The need to document reasonable suspicion and the need to establish probable causefor arrest.
C)The need to establish police presence as a crime deterrent and the need to preservepotential evidence from destruction.
D)The need to document reasonable suspicion and the need to preserve potentialevidence from destruction.

Question 20

The situation in which police officers who are suspicious of an individual run their handslightly over the suspect's outer garments to determine whether the person is carrying aconcealed weapon was found constitutional in the court case of:

A)Terry v. Ohio (1968).
B)Giever v. Heise (1977).
C)Delaware v. Prouse (1981).
D)Kent v. Bonds (1991).

Question 21

CASE 8.2
Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above.
If Officer Brooklyn finds weapons on both men and arrests them, she must next:A. Transport them to central booking.

A)Transport them to central booking.
B)Read them their Miranda Rights.
C)Question them about their presence in the area.
D)Notify their parents or guardians because of their ages.

Question 22

CASE 8.2
Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above.
If Officer Brooklyn, after arresting the suspects, searches the vehicle of thesuspects this:

A)Is allowed because the search was incident to an arrest.
B)Is illegal based on the fruit of the poisonous tree doctrine.
C)Is permissible because of probable cause requirements.
D)Is illegal based on the ruling in Weeks v. United States.

Question 23

Which of the following is not a condition necessary for a legal arrest

A)The officer believes that probable cause exists to show that a crime wascommitted.
B)The suspect consents to an interrogation.
C)The police officer deprives the individual of freedom.
D)The suspect believes that he is in the custody of the police and not free to leave.

Question 24

The principle that a suspect can be questioned in the field without a Miranda warning ifthe information the police seek is needed to protect public safety is called the:

A)Miranda exclusion law.
B)Public safety doctrine.
C)Principle of least eligibility.
D)Consent search doctrine.

Question 25

The principle that evidence may be used in a criminal trial even though the search warrantused to obtain it was technically faulty, as long as the police acted without malice whenthey sought the warrant is called the:

A)Good faith exception.
B)Fruit of the poisonous tree exception.
C)Inevitable discovery.
D)Compassion rule.

Question 26

The Miranda Rights establish which of the following

A)The right to remain silent
B)The right to have an attorney present during questioning
C)The stipulation that any statements made can be used in court
D)All of the above

Question 27

CASE 8.1
In the rural Appalachian Mountains, two locals are known as possible marijuana growers. The police have been conducting surveillance on the two men for over six months and have found no visual evidence of the production or possession of an illegal substance. Having exhausted all other avenues, answer the following questions to determine the legality of the police activities.
The use of surveillance aircraft in a flyover is used and detects over five hundredmarijuana plants growing in a field next to the dwelling. This action is:

A)Upheld by Oliver v. United States, which states that Fourth Amendment protectiondoes not apply to open fields.
B)Illegal based on the court ruling of Pleasanton v. United States, which protectsany adjacent fields or dwellings with fifty yards of a residence.
C)Legal because of the probable cause obtained by the flyover.
D)Illegal based on the Terry v. Ohio court decision protecting curtilage.

Question 28

Aguilar v. Texas (1964) articulated a two-part test for issuing a warrant on theword of an informant.

Question 29

Which of the following is not mandated by Miranda v. Arizona (1966)

A)The right to remain silent
B)The right to an attorney
C)The right to face one's accuser
D)If a statement is made it can be used against you in court

Question 30

Under the Riverside County v. McLaughlin ruling, how long can a person be detainedwithout a court hearing

A)24 hours
B)48 hours
C)72 hours
D)As long as necessary

Question 31

The ruling that a suspect's age factors into the Miranda custody analysis was establishedin which court case because children may confess to crimes they did not commit at higherrates than adults.

A)Mary Reed v. The State of West Virginia
B)J.D.B. v. North Carolina
C)Jessica Taylor v. South Carolina
D)Berghuis v. Tennessee

Question 32

All of the following are procedural steps for serving a warrant except:

A)Knock and announce.
B)Using appropriate force.
C)Bringing a representative of the media.
D)Limiting the scope and manner of the search.

Question 33

Which of the following is true of the exclusionary rule

A)It does not apply to all state law enforcement authorities.
B)It is a binding rule with no exceptions.
C)It was applied to federal courts before state courts.
D)It guarantees rights under the Fourth and Fourteenth Amendments.

Question 34

CASE 8.2
Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above.
A pat down search of the outer garments of clothing of both gentlemen:

A)Violates the Fourth Amendment since there is no probable cause.
B)Is allowed because of the ruling determined in the Terry v. Ohio case.
C)Is illegal because the suspects are under the age of 21.
D)Is allowed because both men lose their right to privacy since they are in a publicplace.

Question 35

CASE 8.1
In the rural Appalachian Mountains, two locals are known as possible marijuana growers. The police have been conducting surveillance on the two men for over six months and have found no visual evidence of the production or possession of an illegal substance. Having exhausted all other avenues, answer the following questions to determine the legality of the police activities.
The police surveillance team visually detect trash bags being left at the side of theroad for the trashmen to pick up. The police take the garbage and find large amounts of chemicalsused for growing marijuana and marijuana as well. The action is:

A)Deemed illegal because this is an invasion of privacy based on the FourthAmendment.
B)Deemed illegal because the expectation of privacy extends to one's belongingseven when they are not in the immediate area.
C)Deemed legal based on the California v. Greenwood decision and upheld by theSupreme Court.
D)Deemed legal because police have the right to go through garbage whenever andwhenever it is detected.

Question 36

The legal grounds that authorize wiretapping of any alien the government believes is amember of a foreign terrorist group or is an agent of foreign power is called:

A)The Terrorist Exemption Act (TEA).
B)The Foreign Intelligence Surveillance Act (FISA).
C)The Wiretap and Surveillance Protection Act (WASP).
D)The Systematic Wiretapping and Eavesdropping Exemption Pact (SWEEP).

Question 37

In addition to probable cause and a neutral and detached magistrate, which is thethird key requirement for obtaining a legal search warrant

A)Reasonable suspicion
B)Consent
C)Particularity
D)First-hand knowledge

Question 38

CASE 8.2
Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above.
If the convenience store employees are later called to the station to identify thesuspects based upon speculation of their involvement in the robbery of the store months ago, thesuspects have the right to:

A)Decline being part of the lineup.
B)Have counsel present.
C)Have a parent or guardian present.
D)Nothing; their rights are surrendered.

Question 39

Officer Davis learns from an informant that a bank robbery suspect is hiding outin a local motel. Davis decides to go investigate and apprehend the suspect. Time is of the essenceand Davis does not get a warrant. By what phrase is this known

A)Hot pursuit
B)Threat to evidence
C)Threat to others
D)Danger of escape

Question 40

The exclusionary rule has also been extended to include derivate, or secondary evidence,also called:

A)Fruit of the poisonous tree.
B)Good faith evidence.
C)Inevitable discovery.
D)Reverse protocol.

Question 41

The commission of a crime in an officer's presence usually negates therequirement for an arrest or search warrant.

Question 42

The accused has the right to have counsel present at a police lineup

Question 43

Stop and frisk requires one factual basis

Question 44

Neither a search warrant nor an arrest warrant can be issued without the signatureof a neutral magistrate or judge. This is referred to as the "probable cause" requirement.

Question 45

In recent years, the Supreme Court has taken a reduced role in answeringquestions concerning the collection of evidence and criminal prosecution.

Question 46

The Federal Wiretap Act and The Foreign Intelligence Surveillance Act are thelaws on surveillance.

Question 47

As a private citizen, a person could enter someone else's property and search forcontraband without triggering Fourth Amendment prohibitions.

Question 48

Evidence obtained with a less than adequate search warrant may be admissible incourt if the police officers acted in good faith when obtaining court approval for the search.

Question 49

In the interest of officer safety, there are some exceptions to the "knock andannounce" rule.

Question 50

An anonymous tip reporting illegal activity received via telephone, without furthercorroboration, is grounds for obtaining a search warrant.

Question 51

If a warrant is issued in violation of the particularity clause, the ensuing search isinvalid even if the officers actually exercise proper restraint in executing their search.

Question 52

Exigent circumstances in which a search warrant is not required may include hotpursuits, escapes, and threats to evidence.

Question 53

Suspects subjected to custodial interrogation do not have to be advised of theirFifth Amendment privilege against self-incrimination.

Question 54

In 1961, the courts made the exclusionary rule applicable to the state courts in thelandmark decision of Mapp v. Ohio.

Question 55

Courts have ruled that as long as there is a legal basis for making an arrest,officers may do so, even in cases in which they are motivated by a desire to gather evidence ofother suspected crimes.

Question 56

Aerial flyover of a property does not constitute a search, according to the U.S.Supreme Court.

Question 57

Terry v. Ohio (1968) shaped the contours of the law allowing stop and frisks.

Question 58

During the service of a search warrant, contraband not listed in the warrant can belegally seized, as long as it is in plain sight.

Question 59

Police can conduct a search based on an anonymous tip, such as one that is givenvia telephone.

Question 60

In Colorado v. Spring (1987) the court ruled that suspects need not be aware of allthe possible outcomes of waiving their rights for the Miranda warning to be considered properlygiven.

Question 61

A government actor's infringement on a person's reasonable expectation ofprivacy is considered a _______________.

Question 62

Evidence obtained with a less than adequate search warrant may be admissible incourt if the police acted in ___________ when obtaining court approval for their search.

Question 63

The earliest and most widely used form of electronic surveillance is____________________.

Question 64

____________________ refers to the process of creating an administrative recordof an arrest.

Question 65

If a suspect asserts their Miranda Rights during interrogation and tells the policehe or she wants an attorney, questioning may continue until the attorney arrives.

Question 66

The requirement that a search warrant state precisely where the search is to takeplace and what items are to be seized is referred to as ____________________.

Question 67

The Terry v. Ohio case established that it is legal for a police officer to pat down asuspect to check for weapons even if they do not have probable cause to arrest the suspect.

Question 68

__________________ is determined by whether a police officer has objective,reasonable, and reliable information, based on fact that the person under investigation hascommitted or was committing an offense.

Question 69

The legality of a search conducted incident to a lawful arrest is almost entirelycontingent upon the legality of the arrest itself (i.e., if the arrest is invalidated, so is the search).

Question 70

The exclusionary rule applies to physical evidence as well as confessions.

Question 71

The ____________________ is the principal means used to restrain potentially overzealouspolice conduct.

Question 72

________________ refers to the grounds or fields attached to a house or property.

Question 73

A _________ is one in which police stop a car because they suspect the driver isinvolved in a crime such as drug trafficking, but, lacking probable cause, they use a rationale suchas a minor traffic violation to stop the car and search its interior.

Question 74

The requirement that when a person is interrogated during custody, police informthe individual of the right to remain silent, the consequences of failing to remain silent, and theconstitutional right to counsel is referred to as the ________________.

Question 75

Under the public safety doctrine, a suspect can be questioned in the field withoutbeing read their Miranda Rights.

Question 76

Once asserted by a suspect, the Miranda Rights are absolute and cannot bewaived.

Question 77

If a suspect simply remains silent, this means they have asserted their MirandaRights.

Question 78

The Supreme Court's decision in Arizona v. Johnson combined the issue of stopand frisk to include __________________.

Question 79

Placing a suspect in a group of people for the purpose of being viewed andidentified by potential witnesses is referred to as a _________________

Question 80

There are two key components of the Fourth Amendment pertaining to search andseizure. These components are referred to as the ______________ clause, and the__________________ clause.