Deck 8: Police and Constitutional Law

Question 1

The Fourth Amendment contains the unreasonable search and seizure clause.

Answer 1

True

Question 2

Police officers need to obtain a warrant before searching the trunk of a car.

Answer 2

True

Question 3

Police officers can conduct a warrant search without probable cause.

Answer 3

False

Question 4

Miranda warnings may be waived if the public safety is at risk.

Question 5

Chief Justice Earl Warren established a strict code of conduct for police officers handling criminal defendants.

Question 6

If an officer smells marijuana and sees smoke pouring out of a car window,she may search the car without a warrant.

Question 7

Miranda warnings have had serious implications for law enforcement and the techniques used for interrogation.

Question 8

Miranda warnings must be issued in written form and signed or initialed by the suspect.

Question 9

Miranda warnings must be read to a suspect when he or she is taken into custody.

Question 10

Police rarely use deception when interrogating a suspect.

Question 11

The Fourth Amendment explicitly prohibits stop-and-frisk techniques.

Question 12

The Fourth Amendment means nothing without the exclusionary rule.

Question 13

The totality of circumstances test is used to determine if sufficient evidence exists for a search warrant.

Question 14

Consent searches are unconstitutional under the Third Amendment.

Question 15

Police officers can rely on a variety of senses to justify a warrantless search.

Question 16

Police cannot rely on smell as a sense in conducting a warrantless search.

Question 17

In a pat-down by an officer,items that are identifiable by touch cannot be seized as evidence.

Question 18

The Fourth Amendment requires that probable cause be established before a warrant is provided.

Question 19

Police officers must provide Miranda warnings if they approach someone on the street and begin questioning.

Question 20

Miranda warnings were established by the U.S.Supreme Court in Weeks v.United States (1914).

Question 21

According to Miranda v.Arizona (1966),law enforcement must inform the individual in custody of his or her right to an attorney.

Question 22

Stops must be justified by probable cause.

Question 23

A stop is defined as a brief interference with a person's freedom of movement.

Question 24

Even if a police officer is acting in the interests of public safety,he or she must obtain a warrant before searching an area.

Question 25

In Nix v.Williams (1984),the U.S.Supreme Court established the inevitable discovery exception to the exclusionary rule.

Question 26

If an individual voluntarily stops to speak with an officer,he has not been "seized" because he is free to move along whenever he chooses.

Question 27

The exclusionary rule does not necessarily require that cases against defendants be dismissed when constitutional rights have been violated.

Question 28

Court decisions have established that police dogs that sniff luggage in public places are not conducting searches and therefore are not subject to the requirements of the Fourth Amendment.

Question 29

In Nix v.Williams (1984),the U.S.Supreme Court agreed that improperly obtained evidence can be used when it would later have been inevitably discovered without improper actions by the police.

Question 30

If an individual consents to a search,officers do not need probable cause or any level of suspicion to justify the search.

Question 31

According to Pennsylvania Board of Pardons and Parole v.Scott (1998),improperly obtained evidence cannot be used at parole revocation proceedings.

Question 32

The Warren Court established that the exclusionary rule applies to the states.

Question 33

An arrest is an example of a seizure.

Question 34

When officers are in hot pursuit of a fleeing suspected felon,they need to stop to seek a warrant even if that creates a risk that the suspect will escape.

Question 35

The Supreme Court ruled in Chimel v.California (1969)that,in order to preserve evidence and protect the safety of the officer and the public after a lawful arrest,the arrestee and the immediate area around the arrestee may be searched for weapons and criminal evidence.

Question 36

If a police officer is acting in good faith,then he or she may use evidence obtained through the use of a defective search warrant.

Question 37

The exclusionary rule increases the legal protection for criminal defendants.

Question 38

The Fourth Amendment requires that reasonable suspicion be established before a warrant is provided.

Question 39

Unexplained bulges in clothing or awkwardness in walking are examples of behavioral analysis.

Question 40

A police officer would likely need a warrant for searches not conducted in plain view.

Question 41

Which is a sense that cannot be used to justify a warrantless search?

A)Touch
B)Sound
C)Sight
D)Intuition

Question 42

The U.S.Supreme Court established that criminal defendants must be read their rights in

A)Mapp v.Ohio (1961).
B)Terry v.Ohio (1968).
C)Chimel v.California (1969).
D)Miranda v.Arizona (1966).

Question 43

A brief interference with a person's freedom of movement of a duration that can be measured in minutes is called a(n)

A)search.
B)stop.
C)arrest.
D)interrogation.

Question 44

A pat-down by an officer is not considered a warrantless search.

Question 45

In what case did the U.S.Supreme Court decide that the plain view doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location in which they are permitted to be?

A)Coolidge v.New Hampshire (1971)
B)Hester v.United States (1924)
C)Minnesota v.Dickerson (1993)
D)Gideon v.Wainwright (1963)

Question 46

The New York v.Quarles case (1984)gives discretion to officers in reading Miranda warnings to arrested individuals.

Question 47

What is the purpose of allowing searches after lawful arrests?

A)To ensure the safety of officers
B)To make sure the arrestee does not flee
C)To ensure the arrestee shows the proper respect to the police
D)To make sure the arrest proceeds smoothly

Question 48

One feature of the Miranda rules is that defendants have a right to an attorney.

Question 49

Which is false concerning search warrants?

A)Police officers must provide reliable information when obtaining a search warrant.
B)Police officers must identify the "things" to be searched.
C)Police officers are allowed to conduct warrantless searches under certain circumstances.
D)Police officers do need a search warrant,even if a person waives his or her Fourth Amendment rights.

Question 50

Which is not part of the Miranda warnings?

A)The right to an attorney during interrogation
B)The right to remain silent
C)The notice that any statement that you decide to make can be used against you in court
D)The right to a speedy trial

Question 51

Which is contained in the Fourth Amendment?

A)Right to bear arms
B)Privilege against self-incrimination
C)Right to an attorney
D)Warrant clause

Question 52

The U.S.Supreme Court developed the stop-and-frisk exception,whereby a police officer can pat down a suspicious person without a warrant,in the landmark case of

A)Mapp v.Ohio (1961).
B)Terry v.Ohio (1968).
C)Chimel v.California (1969).
D)Miranda v.Arizona (1966).

Question 53

Searches are not permissible if a police helicopter flies overhead and witnesses illegal activity.

Question 54

Which of the following is contained in the Fifth Amendment?

A)Right to counsel
B)Right to remain silent
C)Free speech clause
D)Warrant clause

Question 55

Hester v.United States (1924)established the __________.

A)"broken windows" doctrine.
B)closed-case doctrine.
C)plain view doctrine.
D)open fields doctrine.

Question 56

Which of the following do the Miranda warnings not involve?

A)The right to an attorney
B)The right to remain silent
C)The exclusion of statements made that can be used against a suspect
D)The right to sound legal advice

Question 57

Miranda rights are drawn from the

A)Fourth and Fifth Amendments.
B)Fifth and Sixth Amendments.
C)Seventh and Eighth Amendments.
D)Eighth and Ninth Amendments.

Question 58

In what circumstance is the totality of circumstances test used?

A)To determine whether an offender is guilty
B)To determine whether to indict a suspect
C)To determine whether probable cause exists
D)To determine whether police acted appropriately

Question 59

A significant deprivation of liberty because a person is taken into police custody,transported to a police station or jail,and processed into the criminal justice system is called a(n)

A)search.
B)stop.
C)arrest.
D)interrogation.

Question 60

Which doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location in which they are permitted to be?

A)Plain view doctrine
B)Public safety doctrine
C)Exigent circumstances doctrine
D)Stop-and-frisk doctrine

Question 61

Based on the ruling set forth in Berghuis v.Thompson,what must a suspect do to end questioning?

A)Immediately remain silent.
B)Immediately state that he or she is asserting the right to remain silent.
C)Answer some questions and not others.
D)Request additional time to respond at a later point.

Question 62

The U.S.Supreme Court ruled that statements produced after police assaulted suspects are inadmissible in

A)Myers v.United States (1923).
B)West Coast Hotel v.Parrish (1935).
C)Chimel v.California (1969).
D)Brown v.Mississippi (1936).

Question 63

Many police actions fall under the ______ Amendment.

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

Question 64

The U.S.Supreme Court created the good faith exception in the case of

A)Nix v.Williams (1980).
B)Hester v.United States.(1924).
C)Texas v.Johnson (1989).
D)United States v.Leon (1984).

Question 65

The U.S.Supreme Court created the exclusionary rule in the case of

A)Mapp v.Ohio (1961).
B)Miranda v.Arizona (1966).
C)Minnesota v.Dickerson (1993).
D)Weeks v.United States (1914).

Question 66

The U.S.Supreme Court created the inevitable discovery exception to the exclusionary rule in the case of

A)Nix v.Williams (1980).
B)West Coast Hotel v.Parrish (1935).
C)Weeks v.United States (1914).
D)Brown v.Mississippi (1936).

Question 67

Officer Castro notices a car in front of him driving at a slow speed.The driver seems to be driving erratically.Officer Castro activates his blue lights and attempts to pull over the car.The driver continues to drive for approximately two additional miles before pulling over.When Officer Castro slowly approaches the car,he smells what seems to be a heavy odor of marijuana.The driver has dilated eyes and slurred speech.There are four individuals in the car.When Officer Castro demanded that the car be pulled over,this would be most likely be considered a(n)

A)search.
B)seizure.
C)interrogation.
D)arrest.

Question 68

Which of the following is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer?

A)Behavioral analysis
B)Observational techniques
C)Native language
D)K-9 Unit

Question 69

The U.S.Supreme Court repeated its endorsement of the Miranda requirements in

A)Kyllo v.United States (2001).
B)Maryland v.Wilson (1997).
C)Dickerson v.United States (2000).
D)Romer v.Evans (1995).

Question 70

Which two decisions by the U.S.Supreme Court laid the foundation for Miranda v.Arizona (1966)?

A)Escobedo v.Illinois (1964)and Massiah v.United States (1964)
B)Mapp v.Ohio (1961)and Gideon v.Wainwright (1963)
C)Wolf v.Colorado (1949)and Mapp v.Ohio (1961)
D)Wolf v.Colorado (1949)and Rochin v.California (1952)

Question 71

Which of the following does not allow the use of the exclusionary rule?

A)Murder trial
B)Federal court
C)State court with no appellate system
D)Grand jury proceeding

Question 72

How did the U.S.Supreme Court rule in the recent Arizona v.Gant case on searches?

A)It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search.
B)It reversed the ruling of the Arizona Supreme Court and upheld the search by officers as reasonable.
C)It did not rule on the issue but remanded the case back the Arizona State Supreme Court.
D)It upheld the ruling of the Arizona Supreme Court that the search was a reasonable search.

Question 73

Which Chief Justice of the U.S.Supreme Court began to create exceptions to the exclusionary rule?

A)Earl Warren
B)Warren Burger
C)Harlan Stone
D)William Howard Taft

Question 74

Who wrote the U.S.Supreme Court's opinion in Miranda v.Arizona (1966)?

A)Hugo Black
B)William Brennan
C)Earl Warren
D)Thurgood Marshall

Question 75

When an urgent situation of significant social importance outweighs the necessity of respecting individuals' rights,this is referred to as the _______ exception.

A)plain view
B)public safety
C)exigent circumstances
D)stop-and-frisk

Question 76

According to the ___________ doctrine,officers are permitted to search and to seize evidence,without a warrant,on private property beyond the area immediately surrounding the house.

A)plain view
B)plain feel
C)open fields
D)seizure

Question 77

In which case did the U.S.Supreme Court conclude that a suspect being questioned cannot assert his or her right to remain silent by remaining silent in the face of continued questioning by the officer?

A)Roper v.Simmons
B)Berghuis v.Thompson
C)Florida v.Powell
D)New York v.Quarles

Question 78

The U.S.Supreme Court applied the Fourth Amendment to the states in

A)Mapp v.Ohio (1961).
B)Terry v.Ohio (1968).
C)Chimel v.California (1969).
D)Wolf v.Colorado (1949).

Question 79

Which statement is true concerning the U.S.Supreme Court's treatment of the exclusionary rule in the 1980s?

A)The Court expanded the rule to protect criminal defendants.
B)The Court abolished the rule.
C)The Court created exceptions to limit the applicability of the rule.
D)The Court did not change the rule in terms of its application.

Question 80

Terry v.Ohio permitted officers the ability to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity,which is referred to as a ________ search.

A)stop-and-frisk
B)stop-and-pat-down
C)stop-and-seize
D)stop-and-interrogate