Question 1

Terry v. Ohio gave police officers the power to:

Accepted Answer

Terry v. Ohio gave police officers the power of temporary detention, also known as a stop and frisk, to briefly detain and question individuals if they have reasonable suspicion that the person is involved in criminal activity. The decision did not grant the power to chase suspects across state lines or into their homes.

Question 2

The following is the minimum requirement for an investigatory stop:

Accepted Answer

An investigatory stop, also known as a Terry stop, requires reasonable suspicion, which means the officer has specific and articulable facts that lead them to believe that criminal activity is afoot. A hunch or instinct is not enough, and probable cause is only needed for an arrest. Habeas corpus is a legal remedy to challenge unlawful detention.

Question 3

Probable cause is required to:

Accepted Answer

Probable cause is a requirement for obtaining a search warrant, ensuring that law enforcement has a reasonable basis to believe a crime has been committed and that evidence of the crime is present in the place to be searched. A Terry stop, on the other hand, requires only reasonable suspicion, not probable cause. Asking a suspect to take a Breathalyzer test is typically associated with traffic stops and DUI investigations and does not directly relate to the concept of probable cause for searches or seizures.

Question 4

The Fourth Amendment recognizes ____ classes of seizures.

Accepted Answer

The Fourth Amendment recognizes two classes of seizures: seizures of property and seizures of persons.

Question 5

Which of the following is a not requirement for the proper execution of an arrest warrant?

Accepted Answer

Reading the arrestee their rights (Miranda warning) is not a requirement for the proper execution of an arrest warrant. However, if the arresting officer plans to interrogate the suspect, informing them of their rights is necessary to ensure that any evidence obtained during the interrogation is admissible in court. A, B, and D are all requirements for the proper execution of an arrest warrant.

Question 6

The consensual aspects of an encounter vanish once a police officer's conduct conveys the message that the suspect is not free to terminate the encountered leave. This police officer conduct is known as:

Accepted Answer

A show of legal authority is when a police officer's conduct conveys the message that a suspect is not free to leave an encounter. This is different from a consensual encounter where a suspect is free to terminate the encounter at any time. A show of legal authority requires a higher level of justification than a consensual encounter and may involve a pat-down or questioning. It is not as drastic as an arrest, which involves taking a suspect into custody, or a Terry stop, which is a brief detention based on reasonable suspicion.

Question 7

Which of the following does not meet the Supreme Court's standard of constitutional reasonableness for the use of deadly force under Tennessee v. Garner:

Accepted Answer

The Supreme Court's standard of constitutional reasonableness for the use of deadly force under Tennessee v. Garner specifically excludes the use of deadly force to prevent the escape of a fleeing suspect who poses no immediate threat to the officer or others. Choices B, C, and D all involve circumstances where the suspect poses a potential threat to the officer or others, which could justify the use of deadly force under certain conditions.

Question 8

The Fourth Amendment protects against the following:

Accepted Answer

The Fourth Amendment specifically protects against unreasonable searches and seizures, as well as warrants issued without probable cause. It does not protect against self-incrimination, which is covered by the Fifth Amendment.

Question 9

The following are legitimate reasons to use force, except for:

Accepted Answer

Using force to stop someone from "mouthing off" is not a legitimate reason as it does not involve physical harm or a direct threat to others. The other options involve preventing harm or ensuring safety.

Question 10

Which of the following is an exception that excuses the need for a warrant or knocking on the door to a residence?

Accepted Answer

Exigent circumstances (A), hot pursuit (B), and consent (C) are all exceptions that excuse the need for a warrant or knocking on the door to a residence. These exceptions allow law enforcement officers to enter a residence without a warrant or knocking on the door due to urgent or pressing circumstances, pursuit of a fleeing suspect, or consent given by the person who has control over the property. Therefore, the correct answer is D, all of the above.

Question 11

Which of the following is not a typical requirement for an arrest warrant?

Accepted Answer

An arrest warrant does not need the signature of the arresting officer, as it is the judge who issues the warrant and signs it. The warrant does need to name or identify the person to be arrested, have the signature of the judge who issued it, and describe the offense charged in general enough terms to apprise the arrested person of the nature of the charges.

Question 12

Voluntary police/suspect encounters are regulated by the Fourth Amendment.

Accepted Answer

Voluntary police/suspect encounters are not regulated by the Fourth Amendment because they do not involve a seizure of the person; the Fourth Amendment applies to searches and seizures, requiring them to be reasonable.

Question 13

Tips from concerned citizens who identify themselves and report on matters of which they have personal knowledge do not need further corroboration before they can provide reasonable suspicion.

Accepted Answer

Tips from concerned citizens who have personal knowledge are considered reliable and can provide reasonable suspicion, so they do not need further corroboration. However, if the tip is anonymous or lacks details, it may require further investigation before it can provide reasonable suspicion.

Question 14

An officer must be able to do the following to satisfy the reasonable suspicion requirement:

Accepted Answer

A valid reasonable suspicion must include both observations of the detainee's behavior that is unusual or different from what one might expect of an innocent person in the vicinity as well as an explanation of why this behavior suggests the possibility of criminal activity.

Question 15

An investigatory detention is a limited seizure made for the purpose of investigating the circumstances that aroused the officer's suspicion.

Accepted Answer

An investigatory detention, also known as a Terry stop, is a temporary seizure made by a law enforcement officer based on reasonable suspicion of criminal activity. It is limited in scope and duration and is conducted for the purpose of investigating the circumstances that gave rise to the officer's suspicion. During this detention, the officer may ask questions and conduct a pat-down search if there is reason to believe the individual is armed and dangerous.

Question 16

Reasonable suspicion is necessary to:

Accepted Answer

Reasonable suspicion is necessary to frisk a person for a weapon. This means that the police officer must have a justifiable reason to believe that the person is armed or dangerous before they can pat them down. Options A and B do not necessarily require reasonable suspicion, as stopping a motor vehicle at a checkpoint and asking to search a handbag can both fall under certain exceptions to the Fourth Amendment. Option D is a duplicate of Option C.

Question 17

Having a criminal record or being in the company of others who have criminal records is insufficient standing alone to provide reasonable suspicion.

Accepted Answer

A person cannot be stopped or searched solely based on their criminal record or association with those who have criminal records. There must be additional evidence or behavior that provides reasonable suspicion of criminal activity.

Question 18

No level of suspicion is required to:

Accepted Answer

No level of suspicion is required to knock on a person's door and ask for permission to speak to them. The other options require some level of suspicion or justification.

Question 19

Fourth Amendment protection against warrantless arrests applies when an individual is:

Accepted Answer

The Fourth Amendment's protection against warrantless arrests applies when an individual is inside his or her motel room or behind a closed front door. Both choices A and B are correct. Additionally, standing on his or her front porch may also be protected, but it would depend on the circumstances, such as whether the porch is considered part of the curtilage of the home. Nonetheless, since choices A and B are more definite and specific, D is the best answer.

Question 20

Which of the following terms is not mentioned in the text of the Fourth Amendment

Accepted Answer

The term "arrest" is not explicitly mentioned in the text of the Fourth Amendment. The text refers to "seizures" and "warrants," and the requirement of "probable cause" for such actions to be taken. However, the term "arrest" is often used in the context of law enforcement actions that involve seizing a person and taking them into custody, which falls under the broader category of "seizure."

Quiz 3: Authority to Detain and Arrest; Use of Force