Deck 14: Obtaining Physical and Other Evidence

Question 1

The automobile exception to the warrant requirement requires, at a minimum,

A)reasonable suspicion.
B)probable cause.
C)a valid checkpoint.
D)clear and convincing evidence.

Answer 1

B

Question 2

At a minimum, an arrest requires

A)suspicion.
B)reasonable suspicion.
C)probable cause.
D)clear and convincing evidence.

Answer 2

C

Question 3

Otherwise valid inventory searches require

A)a warrant.
B)reasonable suspicion.
C)probable cause.
D)no additional evidentiary justification.

Answer 3

D

Question 4

The purpose of a frisk is to find

A)evidence of crime.
B)identification information.
C)weapons
D)contraband.

Question 5

The 1925 case of Carroll v.U.S.dealt with the ______________ exception.

A)movable vehicle
B)special needs
C)emergency
D)exigent

Question 6

Most investigative detentions are supported by reasonable________, and occur over a reasonable short period of time.

A)inference
B)experience
C)intuition
D)suspicion

Question 7

Under the Fourth Amendment, a person has been seized when a ____________ person under the circumstances would conclude that they are not free to leave.

A)objectively reasonable
B)reasonable
C)mentally competent
D)sagacious

Question 8

___________searches are therefore not searches for incriminating evidence.

A)Consent
B)Inventory
C)Custodial
D)Private

Question 9

The Fourth Amendment only prohibits ____________ searches and seizures.

A)unreasonable
B)evidence-gathering
C)searches on less than a compelling necessity
D)warrantless

Question 10

A consent to search is a _____________ of Fourth Amendment protections.

A)contradiction
B)waiver
C)contraindication
D)subjugation

Question 11

____________ profiling is unlawful.

A)Racial
B)Offender
C)Convict
D)Crime scene

Question 12

Which of the following is not a Fourth Amendment search or seizure?

A)Terry stop
B)Terry frisk
C)arrest
D)voluntary encounter

Question 13

The U.S.Supreme Court stated in the Terry decision that "as a general rule, temporary detainees should not be______."

A)moved
B)questioned
C)frisked
D)interrogated

Question 14

Under Michigan v._____________, the U.S.Supreme Court authorized detention of the occupants of a place while a valid search warrant was being executed.

A)Moseley
B)Witherspoon
C)Summers
D)Johnson

Question 15

Depending on the location of the evidence or the circumstances under which it is obtained, limitations apply to the _________of physical evidence obtained by the police.

A)reasonableness
B)admissibility
C)quantity
D)composition

Question 16

That quantum (amount) of evidence known as reasonable ________is needed to authorize an investigative detention,

A)conjecture
B)cause
C)suspicion
D)justification

Question 17

Protective sweeps or safety checks may be conducted during a valid arrest on the basis of

A)probable cause.
B)reasonable suspicion.
C)clear and convincing evidence.
D)subjective suspicion.

Question 18

During a valid traffic stop to issue a traffic ticket, officers may not lawfully (automatically) do all but which of the following?

A)ask to see driver's license, registration, etc.
B)ask questions of the driver and passenger
C)seek consent to search
D)search the vehicle

Question 19

In Florida v.J.L., the Supreme Court stated that there is no ____________ exception to the requirement of reasonable suspicion for stop and frisk.

A)contraband
B)evidence of crime
C)exigent circumstances
D)firearms

Question 20

Stop and frisk require that the officer have, at a minimum,

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

Question 21

Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the occupants while the search is going on.

Question 22

An arrest warrant confers a limited authority to enter the dwelling in which the suspect resides when there is reason to believe the suspect is inside.

Question 23

Search and seizure protections are found in the ____________ Amendment.

Question 24

Terry stops are authorized only on probable cause.

Question 25

An anonymous phone call alone cannot create reasonable suspicion or probable cause.

Question 26

One set of exceptions to the warrant requirement involves exigent circumstances.

Question 27

During a traffic stop, the Fourth Amendment prohibits officers from looking into the interior of the vehicle.

Question 28

Reasonable suspicion of drug trafficking is all that is needed for officers to make arrests.

Question 29

In California v.Carney, the U.S.Supreme Court refused to expand the automobile exception to cover mobile/movable motor home.

Question 30

The officer in a pretextual stop usually suspects the driver (or a passenger) of having committed, or being in the process of committing, a serious crime.

Question 31

There are no exceptions to the knock and announce rule for executing warrants.

Question 32

In Brigham City v.Stuart, the Supreme Court held that police, while not an emergency, could enter a residence to arrest occupants.

Question 33

Inventory searches may be conducted only on reasonable suspicion.

Question 34

The general rule is that, when executing warrants, officers must knock, announce, and wait a reasonable amount of time before making a forcible entry.

Question 35

The first clause of the Fourth Amendment prohibits unreasonable searches and seizures.

Question 36

Warrantless searches and seizures inside a home are presumptively (generally) unreasonable under the Fourth Amendment.

Question 37

In Thornton v.U.S.(2004), the Supreme Court expanded the authority of officers to search vehicles incident to a lawful arrest.

Question 38

People have the same degree of protection under the Fourth Amendment in their home as they do in their automobile.

Question 39

A Terry stop is a brief, investigative detention (short of an arrest).

Question 40

The Fourth Amendment applies to voluntary encounters.

Question 41

In order to be lawful, a traffic stop must be temporary, ______ and in public.

Question 42

The general rule is that police may not enter a person's home to make an arrest of that person unless police have a search or arrest ____________.

Question 43

__________ stops are utilized thousands of times annually for drivers that are speeding or have equipment violations.

Question 44

The automobile exception has a ________ right of privacy from homes.

Question 45

At a minimum, stop and frisk require that the officer have __________ suspicion.

Question 46

Explain the concept of community caretaking.What impact does this have on obtaining evidence of criminal conduct?

Question 47

Discuss and explain four exceptions to the warrant requirement.What are the prerequisites for each exception? Be sure to provide examples.

Question 48

Warrantless searches and seizures inside a __________ are presumptively (generally) unreasonable under the Fourth Amendment.

Question 49

Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops.Be sure to provide examples.

Question 50

Discuss the automobile exception and how if differs from entering a residence in terms of probable cause.

Question 51

In the year _____ the Supreme Court in Carroll v.U.S.first recognized the automobile exception to the warrant clause.

Question 52

In general, under the Fourth Amendment, what is the required procedure when police arrive at a residence to serve a warrant? When are these requirements excused? Be sure to provide examples.

Question 53

In the Florida v.J.L.decision, the U.S.Supreme Court refused to create a ___________ exception to the usual rules for stop and frisk.

Question 54

In Brendlin v.CA, the Supreme Court held that the passenger was ________ by the traffic stop.

Question 55

Law officers cannot focus on a specific neighbourhood only because of its _______ makeup.

Question 56

___________suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.

Question 57

Inventory searches are ___________-type searches, not searches for incriminating evidence or weapons.

Question 58

Brief investigative detentions based on reasonable suspicion are referred to as _____________ stops.

Question 59

Discuss the various types of profiling as an investigative tool and provide examples of forbidden profiling.

Question 60

In a suppression hearing brought by the defendant, the ________ has the burden of demonstrating that an exception to the warrant requirement covers any particular warrantless search or seizure.

Question 61

Is a motorist who is stopped by the police for a traffic violation, under normal circumstances, considered being in 'custody'? Why or why not?

Question 62

Discuss the exceptions to the Fourth Amendment's search warrant requirement recognized by the Supreme Court.