Deck 13: Police and the Law

Question 1

What are the two main methods by which we measure crime?

Answer 1

The Uniform Crime Reports (UCR) is compiled by the Federal Bureau of Investigation. Police departments all over the country send in reports to the FBI concerning their jurisdiction. These reports reflect only reported crimes. The National Institute of Justice also issues a report on crime. The National Crime Victimization Survey (NCVS) is a random sample of U.S. households, asking them if a crime was committed against anyone in the household during the prior six months. This survey hopes to find out about crimes that were not reported to the police. There is considerable debate on which of these two reports reflects the true crime rate.

Question 2

Can a police officer randomly stop a vehicle?

Answer 2

No. According to the case of Delaware v. Prouse (1979), a police officer may not just randomly stop a vehicle. Stops must be made either on probable cause of a violation or on some reasonable suspicion. There are exceptions, which include roadblock checks where officers check every vehicle that goes through.

Question 3

What is the difference between a hunch and reasonable suspicion?

Answer 3

Police officers get hunches about things routinely. Remember that police officers are extremely suspicious even when there is nothing to be suspicious about. A reasonable suspicion is when an officer can articulate in words or writing why he or she is suspicious. With a hunch, the officer only has a feeling and nothing to corroborate it.

Question 4

If a police officer does not read a suspect his or her rights, will the case be dismissed?

Question 5

Police must have a thorough understanding of the law, custodial interrogations, search and seizure, warrant requirements, and how all of those aspects are applied to legal standards and the U.S. Constitution.
The Fourth Amendment prohibits unreasonable search and seizure. The due process clause protects all citizens of the United States from loss of life, liberty, or property without proper legal processes. The exclusionary rule is the Supreme Court's interpretation of the Fourteenth Amendment and holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant.
This scenario focuses on the framework in which police officers operate in the field.
Tom and Mike are drug dealers. They don't realize it, but they are selling drugs to an undercover police officer one night on the street corner of Metha Avenue and Coke Street. After the sale is completed, the undercover officer signals for backup, and several police squad cars pull in to make the arrest. Tom punches the undercover officer, and both flee on foot through a heavily wooded area.

-What exception to the search requirement justifies police officers following a fleeing suspect into a private residence?

A) exigent circumstances
B) stop and frisk
C) open fields
D) plain view

Question 6

Police must have a thorough understanding of the law, custodial interrogations, search and seizure, warrant requirements, and how all of those aspects are applied to legal standards and the U.S. Constitution.
The Fourth Amendment prohibits unreasonable search and seizure. The due process clause protects all citizens of the United States from loss of life, liberty, or property without proper legal processes. The exclusionary rule is the Supreme Court's interpretation of the Fourteenth Amendment and holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant.
This scenario focuses on the framework in which police officers operate in the field.
Tom and Mike are drug dealers. They don't realize it, but they are selling drugs to an undercover police officer one night on the street corner of Metha Avenue and Coke Street. After the sale is completed, the undercover officer signals for backup, and several police squad cars pull in to make the arrest. Tom punches the undercover officer, and both flee on foot through a heavily wooded area.

-What clause in the Constitution requires the government to go through the proper legal processes before depriving a citizen of the United States of life, liberty, or property?

A) due process
B) castle
C) silver platter
D) exclusionary

Question 7

What Would You Do?
You are an officer searching for the two suspects, and you come across a cabin in a wooded area. One of your partners has a K9 tracking dog, and this K9 has tracked the scent of the two suspects to this cabin. The owner of this cabin comes outside and tells you to get off his property. You explain that you are tracking two criminal suspects and you believe they have entered his house. The homeowner assures you no one is inside his house and demands you leave at once.
-What would you do?

Question 8

The hot pursuit exception to the warrant requirement allows you to enter the cabin. Additionally, given that one of the suspects, Tom, assaulted an officer, it is reasonable to believe that someone else might be hurt if you were to wait for a search warrant. You need to exercise caution in searching the cabin since the owner does not want you to enter.
While searching the cabin you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them.

-What process does the court system use to determine if an interrogation is constitutional?

A) judicial review
B) castle doctrine
C) malum prohibitum
D) probable cause

Question 9

The hot pursuit exception to the warrant requirement allows you to enter the cabin. Additionally, given that one of the suspects, Tom, assaulted an officer, it is reasonable to believe that someone else might be hurt if you were to wait for a search warrant. You need to exercise caution in searching the cabin since the owner does not want you to enter.
While searching the cabin you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them.

-The exclusionary rule is an interpretation of which amendment to the Constitution?

A) the Fourteenth Amendment
B) the Fifth Amendment
C) the Eighth Amendment
D) the Sixth Amendment

Question 10

What Would You Do?
You are about to interrogate one of the suspects, and you explain to him that you are going to read him his rights before you question him. However, he says he doesn't need that and starts to voluntarily confess everything to you without your even asking any questions.
-What would you do?

Question 11

Summary A
A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and, if you did not read him his Miranda right there is a risk that the confession may later be held inadmissible.
To learn about voluntary confessions, see "The Police and Custodial Interrogation."
Summary B
A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and there is a risk that the confession may later be held inadmissible.
To learn more about voluntary confessions, see "The Police and Custodial Interrogation."
After obtaining the warrant, you begin your search for the suspects. While searching the cabin, you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them.

-What process does the court system use to determine if an interrogation is constitutional?

A) judicial review
B) castle doctrine
C) malum prohibitum
D) probable cause

Question 12

Summary A
A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and, if you did not read him his Miranda right there is a risk that the confession may later be held inadmissible.
To learn about voluntary confessions, see "The Police and Custodial Interrogation."
Summary B
A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and there is a risk that the confession may later be held inadmissible.
To learn more about voluntary confessions, see "The Police and Custodial Interrogation."
After obtaining the warrant, you begin your search for the suspects. While searching the cabin, you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them.

-The exclusionary rule is an interpretation of which amendment to the Constitution?

A) the Fourteenth Amendment
B) the Fifth Amendment
C) the Eighth Amendment
D) the Sixth Amendment

Question 13

What Would You Do?
One of the suspects confesses to an additional crime he committed two weeks ago. He tells you he went into the liquor store on the corner of Bourbon Ave and Whiskey Junction, held a gun to the clerk's head, and demanded all of the cash from the register. He confessed he got about $900, which he used to buy drugs later that night. Your job is to follow up on this additional crime.
You locate this liquor store and the store clerk who was robbed at gunpoint by your suspect. You need to make sure the store clerk can properly identify the suspect as the one who robbed him two weeks ago.
-What would you do?

Question 14

If parties to a case in the lowest federal court are unhappy with the ruling, the case can be moved to the next level, which is U.S. __________.

A) District Court
B) Supreme Court
C) Appellate Court
D) Court of Claims

Question 15

The Uniform Crime Reports (UCR) are published by which organization?

A) NIJ (National Institute of Justice)
B) FBI (Federal Bureau of Investigation)
C) BJS (Bureau of Justice Statistics)
D) N ACJD (National Archive of Criminal Justice Data)

Question 16

For a crime to be committed, the act must be either malum in se (wrong in itself) or malum prohibitum (____________).

A) prohibited by statute
B) wrong against another
C) wrong in its nature
D) evil in whole

Question 17

Which amendment to the Constitution contains the clause protecting citizens from being deprived of life, liberty, or property except through due process?

A) First Amendment
B) Fourth Amendment
C) Eighth Amendment
D) Fourteenth Amendment

Question 18

The U.S. Supreme Court uses what right to influence how the police do their job-for instance, by ruling certain methods unconstitutional?

A) judicial review
B) castle doctrine
C) habeas corpus
D) malum prohibitum

Question 19

What was the silver platter doctrine?

A) State prosecutors were allowed to use tainted evidence acquired by federal officers, even if a federal court had barred it.
B) Federal prosecutors were allowed to use tainted evidence if it was acquired by state police officers without federal participation.
C) Federal prosecutors were allowed to use tainted evidence as long as a state court had ruled it "fruit of the poisoned tree."
D) Federal prosecutors were allowed to present fruit of the poisoned tree as evidence in court provided that it was not "tainted."

Question 20

What can police do to a person for any crime committed in the officers' presence, with or without a warrant?

A) prosecute
B) incarcerate
C) arrest
D) pardon

Question 21

Which standard of proof would lead a reasonable person to believe a certain condition or fact exists?

A) probable cause
B) exclusionary rule
C) reasonable suspicion
D) reasonable doubt

Question 22

How is reasonable force defined?

A) any amount of force that the police officer believes to be necessary at the time of an arrest
B) the amount of force necessary for a police officer to overcome resistance by a person being arrested
C) any force used by a police officer during the process of pursuing, apprehending, or arresting a suspect
D) any force used by police before, during, or after an arrest to elicit a confession from a suspect

Question 23

According to the Fourth Amendment, police must obtain warrants that are based on probable cause and describe the place and the person or objects involved. The Fourth Amendment prohibits unreasonable ___________.

A) search and seizure
B) arrest
C) suspicion
D) indictment

Question 24

The U.S. Supreme Court has consistently ruled in favor of the sanctity of one's home, a concept that has come to be known as the __________.

A) homestead doctrine
B) residence doctrine
C) castle doctrine
D) private property doctrine

Question 25

Why did the Court rule that being sniffed by a trained drug dog did NOT constitute an unreasonable search?

A) The dog's sniff is intrusive but is necessary to find contraband.
B) The dog's sniff is not intrusive and only reveals the presence of contraband.
C) The dog's sniff is not admissible in a court of law as evidence.
D) The dog's sniff may lead to police to discover other crimes beyond drug possession.

Question 26

If a police officer's life or another's life is at peril from the person in question, it is permissible to use __________.

A) unreasonable force
B) pepper spray
C) deadly force
D) back up

Question 27

An order from a court, issued by a judge, authorizing and directing the police to search a particular place for certain property described and bring it to the court is called a(n) ___________.

A) court ruling
B) court decision
C) arrest warrant
D) search warrant

Question 28

Most searches are made in emergency situations, called ___________.

A) exigent circumstances
B) "no knock" provisions
C) exclusionary rules
D) field interrogations

Question 29

Malcolm, a 28-year-old African American man, is walking down the street on his way to his job at an insurance office. A uniformed police officer tells Malcolm to stop and begins to pat him down. When Malcolm asks why he is being stopped, the police officer tells him to shut up. After checking the name on Malcolm's driver's license, the officer tells Malcolm he is free to go. Does this stop fit the requirements of a Terry stop?

A) No; the police officer did not find anything incriminating, such as drugs or a gun, during the search.
B) No; the police officer did not observe conduct that could lead him to conclude that criminal activity was afoot and did not make a reasonable inquiry.
C) Yes; the police officer is entitled to conduct a search to discover weapons which might be used to assault him.
D) Yes; the police officer complied with the "racial profiling" aspect of a Terry stop and released the suspect at the end of the encounter.

Question 30

Many people wrongly assume that exceptions to the need for a search warrant include __________.

A) hot pursuit
B) stop and frisk
C) crime scenes
D) the castle doctrine

Question 31

How is plain view evidence defined?

A) evidence that is obviously connected to the commission of a crime
B) evidence seized by police without a warrant who have the right to be in a position to observe it
C) videos or photographs that contain evidence of a crime being committed
D) an identification made via a lineup, showup, or photo array

Question 32

The quasi-official practice of beating a confession out of a suspect was known as __________.

A) business as usual
B) the third degree
C) a Miranda warning
D) custodial interrogation

Question 33

In which 1964 case did the Supreme Court rule that denying a suspect the right to consult with a lawyer was a violation of the Fifth, Sixth, and Fourteenth Amendments?

A) Escobedo v. Illinois
B) Miranda v. Arizona
C) McNabb v. United States
D) Burdeau v. McDowell

Question 34

The rights disclosed in the Miranda warning include all of the following EXCEPT the right to __________.

A) remain silent
B) have a lawyer present during questioning
C) a trial by jury
D) a court-appointed attorney if the person cannot afford one

Question 35

A suspect wants to speak to his mother alone in the interrogation room. When the detectives leave the room, Lt. Maxwell starts to turn off the video camera, but Sgt. Franz stops him. Maxwell says they have to turn off the camera or they will violate the suspect's right to privacy. Franz says Maxwell is wrong, and they might get a taped confession by leaving the camera running. Who is correct?

A) Maxwell is correct. It is a violation of the Sixth Amendment to leave the camera recording.
B) Both are correct. It is a violation of the Fifth Amendment to leave the camera recording, but only if the tape is later used in court.
C) Both are incorrect. The tape will not be admissible in court because it violates the Fifth Amendment right against self-incrimination, not the Sixth Amendment right to privacy.
D) Franz is correct. There is no expectation of privacy in a police interrogation room.

Question 36

Which term describes a group of people who match the description of the suspect and who stand in a row along with the arrested person while a victim or witness observes them to try to make an identification?

A) showup
B) photo array
C) lineup
D) walk of shame

Question 37

Which of the following statements regarding a showup is most accurate?

A) There must be at least three people who match the suspect's description present at the showup.
B) A showup must take place as soon after the crime as possible.
C) A showup usually takes place prior to an arrest.
D) A showup is constitutional only if the suspect has an attorney present.

Question 38

A man has been arrested on suspicion of kidnapping. The FBI wants to record his voice so it can be compared by an expert to the voice that made the ransom call. His attorney refuses, saying it would violate the suspect's rights. Is the attorney correct?

A) No; the Supreme Court ruled that a suspect must provide voice exemplars for comparison with the voice spoken at the time of the crime.
B) No; the Supreme Court ruled that voice identification technology is too unreliable to be used as evidence in court.
C) Yes; the Supreme Court ruled that recording a person's voice without permission constitutes a violation of the right to be secure in their person.
D) Yes; the Supreme Court ruled that recording a person's voice without permission is a violation of the Sixth Amendment right to privacy.