Deck 2: Legal Aspects of Investigation

Question 1

A temporary and limited interference with the freedom of a person for investigative purposes is the definition of a/an

A) arrest.
B) detention.
C) affidavit.
D) charging.

Answer 1

B

Question 2

The due process clause is found in which Amendment of the Bill of Rights?

A) First Amendment.
B) Fourth Amendment.
C) Fifth Amendment.
D) Tenth Amendment.

Answer 2

C

Question 3

Which of the following is not usually required to be in the contents of a valid arrest warrant?

A) the authority under which the warrant is issued
B) the identity of the person to be arrested
C) the designation of the offense
D) the authority to search the person arrested

Answer 3

D

Question 4

What burden of proof is required to obtain a search warrant?

A) Reasonable suspicion.
B) Probable cause.
C) Preponderance of the evidence.
D) Proof beyond a reasonable doubt.

Question 5

Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure?

A) with consent.
B) incident to an unlawful arrest.
C) when exigent circumstances exist.
D) to conduct an inventory.

Question 6

A John Doe warrant is valid

A) if a crime has been committed.
B) if there is a particular description of the perpetrator but the person's name is not known.
C) in all cases.
D) only at the federal level.

Question 7

Procedural law deals with all of the following except

A) process of arrest.
B) admissibility of evidence.
C) search and seizure.
D) elements of a crime.

Question 8

Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search?

A) Hudson v. Michigan.
B) Mapp v. Ohio.
C) Terry v. Ohio.
D) Muehler v. Mena.

Question 9

The ingredients of arrest include all of the following except

A) force.
B) intention.
C) authority.
D) custody.

Question 10

A written statement of the information known to the officer that serves as the basis for the issuance of a warrant is a/an

A) arrest warrant.
B) affidavit.
C) court order.
D) any of the preceding.

Question 11

Which of the following cases established the rule that any evidence unreasonably searched and seized could no longer be admissible in any court?

A) Weeks v. Ohio.
B) Roe v. Wade.
C) Mapp v. Ohio.
D) Gideon v. Wainwright.

Question 12

Suspicion plus facts and circumstances which would lead a reasonable person,exercising ordinary caution,under the same circumstances to believe that a crime has been,is being,or is about to be committed is a definition of

A) in-presence arrest.
B) probable cause.
C) investigative detention.
D) the requirements of an arrest warrant.

Question 13

Which of the following can be used to establish probable cause?

A) personal observations and knowledge of the investigator.
B) suspicion.
C) crime rates.
D) occupation of the suspect.

Question 14

Which of the following protects citizens from unreasonable searches and seizures?

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

Question 15

A judicial order commanding a person to whom it is issued or some other person to bring a person promptly before a court to answer a criminal charge is a/an

A) arrest warrant.
B) affidavit.
C) court order.
D) any of the above.

Question 16

Incriminating evidence is found during a consent search.What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted?

A) Was a consent to search form completed by the suspect and witnessed?
B) Was the consent to search voluntarily given?
C) Was the suspect able to observe the search when the evidence was found?
D) Was the suspect under the influence of alcohol or drugs?

Question 17

What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant?

A) Emerging situational need.
B) Emergency situational requirement.
C) Exigent circumstances.
D) Emergency exigent circumstances.

Question 18

Until 1914,federal law enforcement officers,conducting an illegal search that produced incriminating evidence,were allowed to use that evidence in court.What happened that changed the use of illegal evidence by federal officers?

A) The president of the United States signed an order prohibiting its use.
B) J. Edgar Hoover, Director of the FBI, signed an executive order prohibiting the use of illegally obtained evidence.
C) Mapp v. Ohio forbids the use of illegally evidence by federal officers.
D) Weeks v. United States forbids the use of illegally obtained evidence by federal officers.

Question 19

Which Supreme Court Case established the "moveable vehicle" rule?

A) Carroll v. United States.
B) Chambers v. Maroney.
C) Maryland v. Dyson.
D) Chimel v. California.

Question 20

Circumventing the intent of Weeks v.U.S.,whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as

A) fruit of the poisonous tree doctrine.
B) unreasonable search doctrine.
C) silver platter doctrine.
D) None of the preceding.

Question 21

Formally charging a suspect with a crime does not automatically flow from an arrest.

Question 22

In ________,the Supreme Court ruled that violation of the knock and announce requirement for the service of a search warrant will no longer result in the suppression of evidence found during the execution of the search warrant.

Question 23

If the affidavit and search warrant are for the search and seizure of ________,the search can be pretty extensive.It is permissible to search closets,under beds,in dresser drawers,in medicine cabinets,and in kitchen cupboards.

Question 24

The Thirteenth,Fourteenth,and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens,especially the former slaves.

Question 25

Final ratification of the Constitution of the United States was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government.These guarantees came in the form of the first ten Amendments to the Constitution known as the Bill of Rights.

Question 26

The Hurtado v.California case attempted the process of the "shorthand doctrine" but instead,ratified the "fruit of the poisonous tree doctrine."

Question 27

Which of the following is not a requirement for a plain view search to be legal?

A) Officer is where he has a legal right to be.
B) Evidence is in plain view.
C) Evidence is inadvertently discovered.
D) Evidence is found after a limited search.

Question 28

Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before is the

A) bad evidence doctrine.
B) fruits of the poisonous tree doctrine.
C) illegal seizure doctrine.
D) unreasonable search doctrine.

Question 29

The Supreme Court ruled in the 1981 case of ________ that when a police officer makes a lawful custodial arrest of the occupant of an automobile,the officer may search the vehicle's passenger compartment including any open or closed containers found in the vehicle compartment.It does not include the trunk.

Question 30

The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest,and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for.

Question 31

The most preferred method of affecting an arrest is under the authority of a warrant.

Question 32

In 1969,the United States Supreme Court limited the scope of a search when it ruled in ________ that a warrantless search of the defendant's entire house,following his lawful arrest in the house on a burglary charge was unreasonable.

Question 33

The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds or probable cause exists to make the arrest.

Question 34

According to the courts,any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court.This is based on the

A) bad evidence doctrine.
B) fruits of the poisonous tree doctrine.
C) illegal seizure doctrine.
D) unreasonable search doctrine.

Question 35

Procedural law deals with processes of arrest,search and seizure,interrogations,confessions,admissibility of evidence and testifying in court and therefore changes less frequently than does substantive law.

Question 36

In Minnesota v.Dickerson,why was the defendant not convicted?

A) Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a pat down and manipulated it to determine what it was.
B) Defendant pled guilty before trial.
C) Judge declared a mistrial.
D) The charges were dropped by the prosecutor before trial.

Question 37

An offense committed in the presence of an officer can be the basis of an arrest without a warrant."In the presence of" includes the use of any or all of the five senses - sight,hearing,taste,touch,or smell.

Question 38

The ________ must particularly describe the place to be searched.The description must be sufficient to distinguish the location from all others.

Question 39

The landmark Supreme Court ruling that allows stop and frisk procedures is

A) Miranda v. Arizona.
B) Terry v. Ohio.
C) Mapp v. Ohio.
D) Escobedo v. Day.

Question 40

A search warrant is a written order,in the name of the judge,signed by a district attorney,exercising proper authority,and directing a law enforcement officer to search for specific property and bring it before the court.

Question 41

What are the benefits to a police officer and the case if an arrest is made under the authority of a warrant?

Question 42

Define and describe "probable cause."

Question 43

List the requirements of a valid arrest warrant.

Question 44

What limitations have judicial cases placed on the search of a motor vehicle incident to a lawful arrest?

Question 45

The ________doctrine provides that evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before.

Question 46

The Supreme Court held that law enforcement officers may enter a home without a warrant where there is an objectively reasonable basis to believe that an occupant is seriously injured or imminently threatened with serious injury.The case law is ________.

Question 47

An ________ search is done for the purpose of protecting the property of the person arrested and documenting what was found with a receipt given to the person arrested.In this manner,law enforcement can prevent accusations of stealing an offender's money or property.

Question 48

Terry v.Ohio allows for the ________ of the outer clothing of a suspect for a weapon if the officer is concerned about his own safety.

Question 49

Explain the "fruits of the poisonous tree" doctrine.

Question 50

Explain how the laws of arrest and search and seizure flow from the Bill of Rights.

Question 51

What is meant by a plain view seizure and what are the requirements for conducting such a seizure by a law enforcement officer?

Question 52

Describe the "Silver Platter" Doctrine.Is it still followed? Why or why not?

Question 53

Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants in criminal cases.

Question 54

The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a person to identify himself when so requested during a ________ stop.Twenty states have this identification requirement.

Question 55

What is the Exclusionary Rule and how did it evolve?

Question 56

Is a "John Doe" arrest warrant valid under any circumstances? Explain.