Deck 5: Legal Issues in Investigations

Question 1

Some states require that all search warrants be served during daylight hours unless the warrant specifically authorizes a nighttime search based on:

A)the police officer's schedule.
B)public interest.
C)the local jail's capacity.
D)the amount of light available at the search location.

Answer 1

B

Question 2

Which rule was established by the Chimel case (1969)?

A)The totality of the circumstances may be considered in establishing probable cause to arrest.
B) After making an arrest,police may search the defendant and the area within the defendant's immediate control.
C)The cardboard box "home" of a homeless person may not be searched without his or her permission.
D)The room of an overnight guest may not be searched without the guest's consent,even if the homeowner has allowed police to enter and search.

Answer 2

B

Question 3

Which piece of information will NOT be included on the search warrant affidavit?

A)Reasons to request the search
B) Who owns the searched for item
C)What is being searched for
D)Where the search will occur

Answer 3

B

Question 4

Bill Monroe matches a description of a burglary suspect from an incident that occurred last night.Monroe is stopped by a police officer and is asked questions about his activities the night before.Monroe believes that he cannot leave;thus,he stays and answers the officer's questions.Which of the following best describes the scenario?

A)An arrest
B)A consensual encounter
C)A contact
D) An investigative detention

Question 5

The police want to search Bob's home but they do not have a warrant.Bob should:

A)demand the police obtain a warrant.
B)clearly consent to the search.
C)stand aside,let the police proceed,and allow a court to decide later if the officers' actions were proper.
D)do whatever he feels is necessary to protect his property.

Question 6

A person can waive constitutionally provided protections against unreasonable searches and seizures and allow an investigator to search home,person,and property.Such a search is known as a:

A)consent search.
B)plain view search.
C)stop and frisk.
D)search incident to an arrest.

Question 7

What is the minimum amount of information necessary to warrant a reasonable person to believe that a crime has been committed?

A)Reasonable suspicion
B)Witnessing the crime
C)Probable cause
D)Contingent cause

Question 8

Investigators who have established probable cause that evidence is likely to be at a certain place may make a warrantless entry into the premises if what type of conditions exist?

A)Exclusionary
B)Inclusionary
C)Exigent
D)Conclusively

Question 9

Which of the following is the best interpretation of the 1991 California v.Acevedo case?

A)Items that fall in the plain view of a lawfully present police officer may be seized and used as evidence in court.
B)An officer may search a vehicle without a search warrant provided that she has probable cause to think the vehicle contains contraband and that the vehicle is mobile.
C)Officers may not move any item to get a better view of evidence otherwise hidden from view.
D) An officer who has probable cause to believe that a container in a vehicle holds contraband may open the container and seize the contraband.

Question 10

In the interest of public safety,vehicles are frequently taken into police custody,such as when reported stolen or when used in the commission of a crime.These vehicles may be examined,inside and out,and any evidence of a crime may be lawfully seized under which theory of law?

A)Search incident to arrest
B)Motor vehicle exception
C)Procedural search
D)Inventory procedure

Question 11

Which one of the following is prepared by a police officer in order to obtain a search warrant?

A)Search warrant affidavit
B)Search warrant return
C)Discovery doctrine
D)Miranda warning

Question 12

Which amendment to the Constitution provides the citizens of the United States protections against unreasonable searches and seizures?

A)First Amendment
B)Second Amendment
C)Third Amendment
D)Fourth Amendment

Question 13

Which of the following best expresses the nature of an arrest?

A)A police officer has reasonable suspicion that the suspect committed the theft of a purse.
B)An officer asks a man standing near a bus stop,"Sir,may I see your driver's license?"
C) A police officer investigating a theft places the suspect in handcuffs but does not tell her that she is under arrest.
D)A police officer investigating a loud music complaint asks the person who answers the door if he is the owner of the house.

Question 14

Which of the following is NOT an exception to the exclusionary rule developed by the Supreme Court?

A)Good faith
B)Second-party consent
C)Inevitable discovery
D)Computer errors

Question 15

Which of the following is true regarding arrests in the United States?

A)An arrest is not valid unless the officer uses the term "arrest" to the suspect.
B) Making an arrest is a dangerous action for a police officer to undertake.
C)Generally,an arrest warrant is not necessary for misdemeanors.
D)Both felony and misdemeanor arrest warrants are authorized for day and night service.

Question 16

_____ exists when enough facts lead a reasonable and prudent person to believe that a fair probability of criminal activity exists.

A)Reasonable suspicion
B)Probable cause
C)Exigent circumstances
D)Contingent cause

Question 17

Which one of the following is NOT a legal requirement of a search warrant?

A)It must be authorized by the proper official.
B)It must be issued only for specifically authorized objects.
C)It must be issued on probable cause.
D)It must be issued by the Chief of Police.

Question 18

The method the courts use to uphold the constitutional protections against unreasonable searches and seizures,as well as to control the investigator's actions and prevent illegally obtained evidence from being used at trial,is known as the:

A)exclusionary rule.
B)inclusionary rule.
C)emergency rule.
D)conclusively rule.

Question 19

The U.S.Supreme Court has held that a police officer may temporarily detain a person for questioning if the officer has reasonable suspicion that criminal activity may be involved.The person may also be patted down for weapons.This police action is known as a:

A)consent search.
B)plain view search.
C)stop and frisk.
D)search incident to an arrest.

Question 20

This doctrine permits investigators to observe and seize evidence without a warrant if the officer is lawfully in a position from which an object and the incriminating character of the object are immediately apparent.This exception to the search warrant requirement is known as a:

A)consent search.
B)plain view search.
C)stop and frisk.
D)search incident to an arrest.

Question 21

Which of the following statements is most true regarding the fleeing felon rule?

A)The use of deadly force against unarmed,nonviolent felons who are fleeing is lawful.
B)Based on Tennessee v.Garner (1985),police may never use deadly force when making an arrest.
C)Based on Tennessee v.Garner (1985),fleeing felons may be apprehended by any means necessary.
D)The use of deadly force against unarmed,nonviolent felons who are fleeing is unlawful.

Question 22

Officers who are lawfully in a residence due to hot pursuit of a fleeing suspect may search the entire residence for items of evidence.

Question 23

When an officer concludes that a crime was committed and that the suspect probably committed it,probable cause is immediately established.

Question 24

A person has an absolute right to refuse to consent to a search by the police and can revoke consent at any time.

Question 25

The restrictions of the Fourth Amendment regarding unreasonable search and seizure apply to private persons as well as the police.

Question 26

In emergency situations an investigator can obtain a search warrant by telephone.

Question 27

An investigative detention is synonymous with a consensual encounter.

Question 28

Which of the following is an example of excessive force used by a police officer?

A)A compliance hold on a subject who is physically fighting with his wife during a domestic disturbance
B)Placing a firearm against the head of an armed suspect who holds a knife,just stabbed a store clerk,won't put the knife down,and is yelling that he is going to kill the officer
C)Taser on a middle-school student (12 years old)who spits at the police officer
D)All of the above are examples of excessive force.

Question 29

In the case of Graham v.Connor (1989),the Supreme Court allows police to use force:

A)for defense and control only.
B)for punishment.
C)to gain a confession.
D)to make an arrest no matter what the circumstances are.

Question 30

Officers who are lawfully in a residence due to hot pursuit of a fleeing suspect may search the entire residence for other persons who may pose a threat to the officers.

Question 31

Stansbury v.California established the "free to leave" limits of an arrest.

Question 32

Search warrants must be executed within a prescribed period of time,usually within 10 days.

Question 33

Which Supreme Court Case redefined the "fleeing felon rule"?

A)Riverside v.McLaughlin
B)Tennessee v.Garner
C)Draper v.United States
D)Graham v.Connor

Question 34

It is not required that the arresting officer tell the subject that he or she is under arrest for the arrest to be valid under the Fourth Amendment.

Question 35

Which of the following best describes the results of the Christopher Commission?

A) Guidelines that police are to exercise the minimum amount of force necessary to control a suspect
B)Definitions of the term arrest
C)Recommendations for off-duty officers who witness a crime in commission
D)Descriptions of the "deadly force triangle"

Question 36

A search warrant return report must be turned in within twelve hours of a search.

Question 37

An extension of the exclusionary rule is known as the "fruit of the poisonous tree doctrine."

Question 38

The probable cause requirement is the most important component to an officer's authority to search and seize.

Question 39

An investigator must have probable cause to conduct a stop-and-frisk detention and search.

Question 40

Officers responding to an emergency situation,such as a shooting within a residence,may seize items of evidence in the residence that are in plain view.

Question 41

The application for a search warrant must be supported by _____ or _____.

Question 42

_____ cause exists when enough facts exists that would lead a reasonable and prudent person to believe that criminal activity is fairly probable.

Question 43

The _____ rule is applied when investigators violated a person's rights by conducting and unlawful search and seizure.

Question 44

You are on patrol and you are called to potential domestic violence situation.Upon arrival at the residence,you hear loud screaming and cries for help.You automatically entered the house to find 2 females in a physical altercation.Not only are they fighting but you notice a bag of marijuana lying on the counter.Discuss what you will do and how you have a right to make the choices you have selected.

Question 45

A search warrant __________ is prepared by a police officer in order to obtain a search warrant.

Question 46

The _____ _____ exception permits investigators to seize evidence without a warrant if the officer is lawfully in a position to plainly see an incriminating object of evidence.

Question 47

If a __________ agrees that probable cause exists,he or she signs the affidavit and issues the warrant.

Question 48

The U.S.Supreme Court has held that _____ fields are not protected by the Fourth Amendment.

Question 49

Discuss three advantages to searching with a search warrant.

Question 50

According to the Fourth Amendment,search warrants may only be issued if there is __________ __________.

Question 51

A person can voluntarily _____ to the police to search their person,home,and property.

Question 52

Discuss and define Deadly Force Triangle.Then provide an example in which this could occur and police would have the justification to use deadly force.

Question 53

Matching
Locate the correct matches from Column 1 to Column 2

Question 54

A temporary stop and frisk detention is justified based upon a _____ suspicion that criminal activity is occurring.

Question 55

Discuss the three situations in which judges would most likely uphold a warrantless search.