Question 1

There are three important elements of the Fourth Amendment that controls the activities of law enforcement when it comes to searching for and collecting evidence; these critical elements are: 1) When suspects and their property can be searched; 2) When a search warrant is needed and 3) _______.

Accepted Answer

The third critical element of the Fourth Amendment regarding law enforcement's search and seizure activities is how a search warrant is obtained. This includes the requirements for probable cause and the need for a judge's approval.

Question 2

A police officer can search a suspect if the officer has a search warrant or if the search is ______________

Accepted Answer

A police officer can perform a search if it is incident to a lawful arrest, meaning that the search is directly related to the arrest and is necessary for the safety of the officer and others or to prevent the destruction of evidence.

Question 3

In the 1968 case of Terry v. Ohio, the Supreme Court concluded that a police officer need not have probable cause in order to do a stop and frisk. The Court said that a frisk (or a pat-down of the outer clothing of an individual) is essential to the:

Accepted Answer

The Supreme Court's decision in Terry v. Ohio established that a police officer can conduct a brief, limited search (or frisk) of an individual's outer clothing when they have reasonable suspicion that the individual is involved in criminal activity. This decision was made to assist police officers in their investigative duties, allowing them to gather information and protect themselves during potentially dangerous encounters. The other options listed (aggressive policing, smart policing, and harassing minority citizens) are not relevant to the Court's decision in this case.

Question 4

The rules of evidence affect a police officers' conduct because collecting ______________ is part of their job.

Accepted Answer

The rules of evidence dictate what kind of evidence is admissible in court, which means that police officers must follow certain procedures when collecting evidence in order to ensure its admissibility. This includes collecting evidence lawfully and in accordance with established procedures, so that it will not be excluded from a trial. Clues, motives, and payoffs are all important aspects of police investigations, but they are not directly affected by the rules of evidence in the same way that evidence collection is.

Question 5

The federal rules of evidence state that evidence gathered through immoral, illegal, or unconstitutional means should:

Accepted Answer

The federal rules of evidence state that evidence gathered through immoral, illegal, or unconstitutional means should not be used as evidence in a trial. This is because such evidence violates the rights of the individual and undermines the integrity of the justice system. Courts have consistently held that the exclusion of such evidence is necessary to ensure that criminal trials are fair and just.

Question 6

The exclusionary rule prohibits the use of evidence or testimony obtained in violation of the ______________.

Accepted Answer

The exclusionary rule is a legal principle that prohibits the use of evidence obtained through unconstitutional or illegal means in a criminal trial. It is derived from the Fourth Amendment to the U.S. Constitution, which protects citizens from unreasonable searches and seizures. The victim's wishes, First Amendment, and moral code of the suspect are not relevant to the exclusionary rule.

Question 7

In 1961, in Mapp v. Ohio, the U.S. Supreme Court extended the exclusionary rule by requiring that ______________ must use the rule.

Accepted Answer

The Mapp v. Ohio case applied to state courts, meaning that they were required to use the exclusionary rule as well.

Question 8

Primary evidence refers to direct evidence; direct evidence _______.

Accepted Answer

Primary evidence is evidence that is directly observed or experienced, and it supports or refutes the assertion of guilt or innocence, rather than being hearsay or relying on the testimony of others.

Question 9

The fruit of the poisonous tree doctrine declares that the rules of evidence applied not only to evidence directly obtained by illegal means, but also to any other ______________.

Accepted Answer

The fruit of the poisonous tree doctrine applies to evidence garnered indirectly as a result of illegally obtained evidence. This means that evidence obtained through lawful means, such as circumstantial or ballistics evidence, is not affected by this doctrine unless it can be traced back to the original illegal activity. The doctrine is concerned with preventing the use of any evidence obtained through illegal means from being used in court, directly or indirectly.

Question 10

In the 1949 case of Wolf v. Colorado, the Supreme Court held that state courts had to enact procedures to protect the rights of citizens against police abuses of search and seizure; essentially, this meant that the ______________ doctrine applied in state courts.

Accepted Answer

The Fruit of the poisonous tree doctrine refers to the idea that evidence obtained illegally or in violation of the Fourth Amendment cannot be used against a defendant in court. The holding in Wolf v. Colorado required state courts to adopt procedures to protect citizens' rights against police abuses of search and seizure, which aligns with the principles of the Fruit of the poisonous tree doctrine. Therefore, choice C is the most appropriate answer. Choices A, B, and D are not relevant to the question.

Question 11

In order for the police to obtain a search warrant, there must be ______________ .

Accepted Answer

In order for the police to obtain a search warrant, there must be probable cause, which means that they must have enough evidence to believe that a crime has been committed and that the search will lead to evidence related to that crime. Reasonable doubt and a presumption of innocence are standards used in criminal trials, while the fruit of the poisonous tree doctrine relates to the admissibility of evidence obtained illegally.

Question 12

Probable cause means that there is a likelihood of a _______ ______________ between a suspect and a crime.

Accepted Answer

Probable cause refers to a reasonable belief that a specific person has committed a crime. In other words, there must be a direct link between the suspect and the crime for probable cause to exist. Circumstantial and indirect links may suggest suspicion or lead to further investigation, but they are not strong enough on their own to establish probable cause. Far-fetched links are not relevant or credible evidence.

Question 13

Some important exceptions to the need for a search warrant include a search incident to a lawful arrest, a plain-view search, a consent to search and ______________.

Accepted Answer

Exigent circumstances refer to situations where there is an immediate threat to public safety or risk of evidence being destroyed and therefore a search warrant is not required. This exception allows law enforcement officers to quickly take necessary action without delay. The other options presented are not valid exceptions to the need for a search warrant.

Question 14

In the exigent circumstance exception to obtaining a search warrant, the need for a search warrant is waived if the police officer must act swiftly and if the officer determines that ______________.

Accepted Answer

In the exigent circumstance exception, the need for a search warrant is waived only if the officer determines that there is not enough time to get a warrant. The other options are not valid reasons for waiving the warrant requirement.

Question 15

The good faith exemption to the search warrant rule is when a search that has been authorized by the court has an error that renders it ______________.

Accepted Answer

The good faith exemption applies when there is an error in the search warrant that renders it invalid. This means that if the officers conducting the search believed in good faith that the warrant was valid, the evidence obtained during the search may still be admissible in court.

Question 16

The U.S. Supreme Court, in the landmark 1966 case of Miranda v. Arizona, established that the Fifth Amendment pertained to police _______.

Accepted Answer

The Miranda v. Arizona case established that the Fifth Amendment's protection against self-incrimination applies to police interrogations and confessions. This means that police are required to inform suspects of their Miranda rights (right to remain silent, right to an attorney, etc.) before any interrogation takes place to ensure that the suspect knows they have the right to remain silent and not incriminate themselves. The other choices (A, B, D) are related to police conduct but not specifically related to the Fifth Amendment.

Question 17

After overturning the conviction of Ernesto Miranda, the Supreme Court stated that his confession was inadmissible as evidence and the Court provided a five-point warning, which is now well known as the ______________ _______.

Accepted Answer

The five-point warning provided by the Supreme Court after the Miranda case is now commonly known as the Miranda warning. A is incorrect because Stop and frisk refers to a procedure used by law enforcement to stop and pat down individuals suspected of criminal activity. C is incorrect because the Monroe Doctrine is a foreign policy principle introduced by President James Monroe. D is incorrect because the plain view doctrine refers to a legal principle that allows law enforcement to seize evidence without a warrant if the evidence is in plain sight.

Question 18

The first line of the Miranda warning is:

Accepted Answer

The first line of the Miranda warning is "You have the right to remain silent." This is the most important right as it allows the suspect to avoid self-incrimination and seek legal counsel before making any statements. The other options listed are not part of the Miranda warning's first line.

Question 19

In general, the interpretation by the courts is that any words or questions by the police that are reasonably likely to elicit an incriminating response by a suspect qualify as an ______________.

Accepted Answer

The definition of an interrogation includes any words or actions by law enforcement officers that are reasonably likely to elicit an incriminating response from a suspect. This definition is based on the Supreme Court case of Rhode Island v. Innis (1980). Therefore, Option A is the correct answer.

Question 20

Modus operandi, loosely translated, means "a method of operation;" but in a criminal investigation Modus operandi (or MO) refers to the way:

Accepted Answer

Modus operandi refers specifically to a criminal's preferred way of committing their crimes. It can include specific tactics, techniques, and even methods of entry or escape.

Quiz 5: Police Investigations in the Twenty-First Century