Deck 4: The Law and Criminal Investigations

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Question
With regard to arrest warrants, ______.

A) most arrests are made without them
B) they are to be based on reasonable suspicion
C) they are issued and approved by police commanders
D) arrests always have to be made with an arrest warrant, without exception
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Question
Evidence that is excluded from trial because it was wrongfully obtained is known as ______.

A) associative evidence
B) incompetent evidence
C) unreal evidence
D) useless evidence
Question
The chain of custody refers to ______.

A) the record of all individuals who maintained control over the evidence since its acquisition by a police department
B) the procedural rights of the accused before he/she can be arrested
C) period of time in which a person can be held for questioning
D) a document that contains a description of the offense for which the individual is being held
Question
The Fourth Amendment to the U.S. Constitution protects against ______.

A) cruel and unusual punishment
B) self-incrimination
C) unreasonable searches and seizures
D) biased juries
Question
How often are consent searches without a search warrant conducted?

A) often
B) sometimes
C) rarely
D) never, because any search conducted without a search warrant is illegal
Question
The good faith exception is associated with ______.

A) the exclusionary rule
B) the consent exception to the search warrant requirement
C) Miranda
D) the inevitable discovery rule
Question
What is the primary function of the exclusionary rule?

A) to support the truth-finding function of the judge and jury
B) to underscore the societal costs of releasing guilty persons
C) to provide compensation to persons whose Fourth Amendment rights have been violated
D) to deter unlawful police conduct in search-and-seizure cases
Question
The Fifth Amendment to the U.S. Constitution relates to ______.

A) self-incrimination
B) unreasonable searches and seizures
C) freedom of religion
D) cruel and unusual punishment
Question
When do the police not have to advise suspects of their Miranda warnings?

A) prior to roadside questioning of a motorist
B) in intoxicated driving cases
C) in homicide cases
D) when the police do not actually ask questions of a suspect but instead use carefully worded phrases to illicit incriminating statements
Question
With regard to the Miranda Supreme Court decision, it ______.

A) was supported widely by the police
B) was believed by the police that, as a result of the decision, confessions would no longer be obtained from suspects
C) has actually had an enormous impact on criminal investigations
D) caused many suspects to stay silent and not talk to the police at all
Question
Which of the following statements is NOT true?

A) Even when informed of their Miranda warnings, most suspects decide to answer the questions of the police.
B) There is reason to believe that the Miranda warnings may decrease the likelihood that suspects will make incriminating statements to the police.
C) Suspects who waive their rights are more likely to be convicted than those who do not waive their rights.
D) Suspects with felony records are more likely to invoke their rights than suspects without felony records.
Question
A(n) ______ occurs when the police take a person into custody for the purposes of interrogation and prosecution.

A) arrest
B) stop
C) search
D) chain of custody
Question
Evidence that has some bearing on the case or on some fact trying to be established is ______.

A) relevant
B) material
C) competent
D) necessary
Question
If evidence is significant, it is ______.

A) relevant
B) material
C) competent
D) necessary
Question
The rationale for the ______ exception to the search warrant requirement is that, without immediate action, the suspect may escape, may destroy evidence, or may pose a threat to the police.

A) exigent circumstances
B) vehicles
C) hot pursuit
D) consent
Question
As stated in Oliver v. United States (1984), a(n) ______ does not apply to open fields.

A) arrest warrant
B) search warrant
C) reasonable expectation of privacy
D) plain-view exception
Question
The police may conduct a(n) ______ of a person even though a(n) ______ of that person may not be justified.

A) search; arrest
B) arrest; search
C) stop; frisk
D) pursuit; arrest
Question
The most common exception to the search warrant requirement is ______.

A) exigent circumstances
B) vehicles
C) hot pursuit
D) consent
Question
The decision in Miranda required the police to read suspects their Miranda warnings when a suspect is ______ and prior to ______.

A) stopped; interrogation
B) in custody; interrogation
C) in custody; trial
D) stopped; arrest
Question
Which of the following is NOT a situation that warrants either reasonable suspicion or probable cause?

A) stop a vehicle
B) stop and frisk
C) order occupants out of a vehicle
D) conduct a consensual search
Question
The exception to the exclusionary rule that states that the suspect's voluntary actions outweigh the illegality of the search or seizure is ______.

A) the good-faith exception
B) the inevitable discovery exception
C) the purged taint exception
D) the independent source exception
Question
What level of proof is needed for the police to legally search occupants of a vehicle for weapons?

A) probable cause
B) reasonable suspicion
C) beyond a reasonable doubt
D) preponderance of the evidence
Question
Evidence is considered incompetent when ______.

A) it is wrongfully obtained
B) federal or state law prohibits the introduction of it
C) a court-established rule prohibits it
D) all of the these
Question
What is NOT a scenario that explains how police may attempt to get around the 4th Amendment?

A) Police officers are less likely to ask for a search warrant from Judge Judy because she is known to usually deny them.
B) A police officer is pressuring a person to give consent for a search.
C) Police do never try to get around the 4th Amendment.
D) Police might knowingly search someone illegally to use everything found to pressure the person.
Question
Which factors have to be at a minimum part of a chain of custody?

A) the signature of suspect the evidence belongs to
B) details about the collection of the evidence from the crime scene
C) the storage of the evidence in the police evidence
D) transfer of the evidence to the court for trial
Question
If a person is under arrest, then that person is generally not free to leave.
Question
Most searches conducted by the police are conducted without a warrant.
Question
The question "is the evidence and corresponding testimony based on scientific knowledge?" is associated with the Daubert test.
Question
If a search is conducted without a warrant, then probable cause to conduct the search is rarely necessary.
Question
When a vehicle is impounded due to a parking violation, the police can legally conduct an inventory search of that vehicle without a warrant or probable cause that the vehicle contains evidence.
Question
Custodial interrogations require Miranda warnings, regardless of the severity of the offense.
Question
If no-trespassing signs are posted on a property, then the police cannot legally search that area without a warrant.
Question
Under search incident to lawful arrest, the police can legally search an entire house if the suspect who is arrested was within 60 feet of the house at the time of the arrest.
Question
The police can legally conduct a stop and frisk search of a person if that person looks suspicious and that person was never seen in the area before.
Question
When a motorist is stopped for a traffic violation, the officer may legally order the motorist out of the car.
Question
The purpose of the good-faith exception is to allow for honest mistakes on the part of the police.
Question
Research shows that the exclusionary rule deters police misconduct.
Question
Research shows that the exclusionary rule does not result in the loss of a significant number of cases.
Question
What is a chain of custody, and why is it important?
Question
Identify and briefly define the eight exceptions to the search warrant requirement.
Question
Identify and briefly describe the importance of the Fourth, Fifth, and Sixth Amendments to criminal investigations.
Question
Explain the parameters of a consent search.
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Deck 4: The Law and Criminal Investigations
1
With regard to arrest warrants, ______.

A) most arrests are made without them
B) they are to be based on reasonable suspicion
C) they are issued and approved by police commanders
D) arrests always have to be made with an arrest warrant, without exception
most arrests are made without them
2
Evidence that is excluded from trial because it was wrongfully obtained is known as ______.

A) associative evidence
B) incompetent evidence
C) unreal evidence
D) useless evidence
incompetent evidence
3
The chain of custody refers to ______.

A) the record of all individuals who maintained control over the evidence since its acquisition by a police department
B) the procedural rights of the accused before he/she can be arrested
C) period of time in which a person can be held for questioning
D) a document that contains a description of the offense for which the individual is being held
the record of all individuals who maintained control over the evidence since its acquisition by a police department
4
The Fourth Amendment to the U.S. Constitution protects against ______.

A) cruel and unusual punishment
B) self-incrimination
C) unreasonable searches and seizures
D) biased juries
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k this deck
5
How often are consent searches without a search warrant conducted?

A) often
B) sometimes
C) rarely
D) never, because any search conducted without a search warrant is illegal
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6
The good faith exception is associated with ______.

A) the exclusionary rule
B) the consent exception to the search warrant requirement
C) Miranda
D) the inevitable discovery rule
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k this deck
7
What is the primary function of the exclusionary rule?

A) to support the truth-finding function of the judge and jury
B) to underscore the societal costs of releasing guilty persons
C) to provide compensation to persons whose Fourth Amendment rights have been violated
D) to deter unlawful police conduct in search-and-seizure cases
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Unlock for access to all 42 flashcards in this deck.
Unlock Deck
k this deck
8
The Fifth Amendment to the U.S. Constitution relates to ______.

A) self-incrimination
B) unreasonable searches and seizures
C) freedom of religion
D) cruel and unusual punishment
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Unlock Deck
k this deck
9
When do the police not have to advise suspects of their Miranda warnings?

A) prior to roadside questioning of a motorist
B) in intoxicated driving cases
C) in homicide cases
D) when the police do not actually ask questions of a suspect but instead use carefully worded phrases to illicit incriminating statements
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Unlock for access to all 42 flashcards in this deck.
Unlock Deck
k this deck
10
With regard to the Miranda Supreme Court decision, it ______.

A) was supported widely by the police
B) was believed by the police that, as a result of the decision, confessions would no longer be obtained from suspects
C) has actually had an enormous impact on criminal investigations
D) caused many suspects to stay silent and not talk to the police at all
Unlock Deck
Unlock for access to all 42 flashcards in this deck.
Unlock Deck
k this deck
11
Which of the following statements is NOT true?

A) Even when informed of their Miranda warnings, most suspects decide to answer the questions of the police.
B) There is reason to believe that the Miranda warnings may decrease the likelihood that suspects will make incriminating statements to the police.
C) Suspects who waive their rights are more likely to be convicted than those who do not waive their rights.
D) Suspects with felony records are more likely to invoke their rights than suspects without felony records.
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Unlock Deck
k this deck
12
A(n) ______ occurs when the police take a person into custody for the purposes of interrogation and prosecution.

A) arrest
B) stop
C) search
D) chain of custody
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k this deck
13
Evidence that has some bearing on the case or on some fact trying to be established is ______.

A) relevant
B) material
C) competent
D) necessary
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14
If evidence is significant, it is ______.

A) relevant
B) material
C) competent
D) necessary
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15
The rationale for the ______ exception to the search warrant requirement is that, without immediate action, the suspect may escape, may destroy evidence, or may pose a threat to the police.

A) exigent circumstances
B) vehicles
C) hot pursuit
D) consent
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k this deck
16
As stated in Oliver v. United States (1984), a(n) ______ does not apply to open fields.

A) arrest warrant
B) search warrant
C) reasonable expectation of privacy
D) plain-view exception
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k this deck
17
The police may conduct a(n) ______ of a person even though a(n) ______ of that person may not be justified.

A) search; arrest
B) arrest; search
C) stop; frisk
D) pursuit; arrest
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k this deck
18
The most common exception to the search warrant requirement is ______.

A) exigent circumstances
B) vehicles
C) hot pursuit
D) consent
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k this deck
19
The decision in Miranda required the police to read suspects their Miranda warnings when a suspect is ______ and prior to ______.

A) stopped; interrogation
B) in custody; interrogation
C) in custody; trial
D) stopped; arrest
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Unlock for access to all 42 flashcards in this deck.
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k this deck
20
Which of the following is NOT a situation that warrants either reasonable suspicion or probable cause?

A) stop a vehicle
B) stop and frisk
C) order occupants out of a vehicle
D) conduct a consensual search
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k this deck
21
The exception to the exclusionary rule that states that the suspect's voluntary actions outweigh the illegality of the search or seizure is ______.

A) the good-faith exception
B) the inevitable discovery exception
C) the purged taint exception
D) the independent source exception
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22
What level of proof is needed for the police to legally search occupants of a vehicle for weapons?

A) probable cause
B) reasonable suspicion
C) beyond a reasonable doubt
D) preponderance of the evidence
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k this deck
23
Evidence is considered incompetent when ______.

A) it is wrongfully obtained
B) federal or state law prohibits the introduction of it
C) a court-established rule prohibits it
D) all of the these
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24
What is NOT a scenario that explains how police may attempt to get around the 4th Amendment?

A) Police officers are less likely to ask for a search warrant from Judge Judy because she is known to usually deny them.
B) A police officer is pressuring a person to give consent for a search.
C) Police do never try to get around the 4th Amendment.
D) Police might knowingly search someone illegally to use everything found to pressure the person.
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Unlock Deck
k this deck
25
Which factors have to be at a minimum part of a chain of custody?

A) the signature of suspect the evidence belongs to
B) details about the collection of the evidence from the crime scene
C) the storage of the evidence in the police evidence
D) transfer of the evidence to the court for trial
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k this deck
26
If a person is under arrest, then that person is generally not free to leave.
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k this deck
27
Most searches conducted by the police are conducted without a warrant.
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k this deck
28
The question "is the evidence and corresponding testimony based on scientific knowledge?" is associated with the Daubert test.
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k this deck
29
If a search is conducted without a warrant, then probable cause to conduct the search is rarely necessary.
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k this deck
30
When a vehicle is impounded due to a parking violation, the police can legally conduct an inventory search of that vehicle without a warrant or probable cause that the vehicle contains evidence.
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k this deck
31
Custodial interrogations require Miranda warnings, regardless of the severity of the offense.
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k this deck
32
If no-trespassing signs are posted on a property, then the police cannot legally search that area without a warrant.
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k this deck
33
Under search incident to lawful arrest, the police can legally search an entire house if the suspect who is arrested was within 60 feet of the house at the time of the arrest.
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k this deck
34
The police can legally conduct a stop and frisk search of a person if that person looks suspicious and that person was never seen in the area before.
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k this deck
35
When a motorist is stopped for a traffic violation, the officer may legally order the motorist out of the car.
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36
The purpose of the good-faith exception is to allow for honest mistakes on the part of the police.
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37
Research shows that the exclusionary rule deters police misconduct.
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38
Research shows that the exclusionary rule does not result in the loss of a significant number of cases.
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39
What is a chain of custody, and why is it important?
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40
Identify and briefly define the eight exceptions to the search warrant requirement.
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41
Identify and briefly describe the importance of the Fourth, Fifth, and Sixth Amendments to criminal investigations.
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42
Explain the parameters of a consent search.
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