Question 1

An arrest requires four essential elements: intention to arrest,authority to arrest,seizure and detention,and an understanding by the arrestees that they are being arrested.

Accepted Answer

This statement accurately describes the four essential elements required for an arrest to occur.

Question 2

If the police make a lawful arrest,probable cause is not needed to search the arrested individual.

Accepted Answer

When a lawful arrest is made, the police are allowed to perform a search of the arrested individual and their immediate surroundings without needing additional probable cause. This is known as a search incident to arrest.

Question 3

The exclusionary rule also applies to deportation hearings.

Accepted Answer

The exclusionary rule, which prevents the government from using evidence gathered in violation of the U.S. Constitution, is primarily applied in criminal cases and does not typically apply to deportation hearings, which are civil proceedings.

Question 4

A person may not waive their rights under the Fourth Amendment and consent to a search.

Accepted Answer

A person can waive their rights under the Fourth Amendment and consent to a search, either verbally or through their actions, as long as the consent is given voluntarily and without coercion.

Question 5

The two most frequent situations in which the police may search without a warrant are vehicle searches and situations where exigent circumstances prevent the police from having time to obtain a search warrant.

Accepted Answer

This is correct as vehicle searches and exigent circumstances are two of the most common exceptions to the warrant requirement for searches.

Question 6

An item is considered to be in plain view even when common means of enhancing vision are used.

Accepted Answer

Plain view doctrine applies even if common means of enhancing visions are used, as long as the officer is lawfully present in the location where the item is visible.

Question 7

A magistrate may not serve merely as a rubber stamp for the police.

Accepted Answer

A magistrate is a judicial officer who is responsible for ensuring that the law is followed and justice is served. They cannot simply approve all requests made by law enforcement without review or consideration of legal standards and individual rights. They must evaluate all evidence and justification presented to them in order to make an independent and fair decision.

Question 8

A court decision where all the justices agree and there is no principle author of an opinion is referred to as __________.

Accepted Answer

The answer of A court decision where all the justices...

Question 9

The legal concept of standing is based on the rule that defendants generally must assert their own legal rights and interests,and cannot rest their claim to relief on the legal rights or interests of another person.

Accepted Answer

The legal concept of standing is based on the rule that defendants generally must assert their own legal rights and interests, and cannot rest their claim to relief on the legal rights or interests of another person.

Question 10

When items obtained as the result of a search warrant are offered into evidence,there is a presumption that the search was legal and the prosecution has the burden of proving its illegality.

Accepted Answer

The presumption is that the search may have been illegal, and it is the prosecution's burden to prove the legality of the search and the admissibility of the evidence obtained through it.

Question 11

The phrase "person of reasonable caution" does not refer to a person with special legal training,it refers to the average person who under the circumstances would believe that the individual being arrested had committed the offense or that the items to be seized would be found in a particular place.

Accepted Answer

The phrase "person of reasonable caution" is a legal term used to refer to the average person who would act with prudence and care in a given situation. It does not require any special legal training or expertise.

Question 12

The United States Supreme Court presently uses the __________ approach in deciding what constitutes a search.

Accepted Answer

The answer of The United States Supreme Court presently uses...

Question 13

Probable cause may be based on hearsay information.

Accepted Answer

Hearsay information can serve as a basis for establishing probable cause, but the credibility and reliability of the source will be evaluated by the court when determining if the information can be used to establish probable cause.

Question 14

The __________ Amendment prohibits law enforcement from conducting unreasonable searches and seizures.

Accepted Answer

The answer of The __________ Amendment prohibits law enforcement from...

Question 15

It is the police officer who makes the determination of probable cause.

Accepted Answer

Probable cause is ultimately determined by a judge or magistrate, who decides whether the evidence is sufficient to warrant an arrest or search. Police officers can only suggest that probable cause exists based on their investigation.

Question 16

A person's home is one of the protected items specifically listed in the __________ Amendment.

Accepted Answer

The answer of A person's home is one of the...

Question 17

If the item is in plain view,there has been a search within the meaning of the Fourth Amendment.

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures, but items in plain view, observed from a place where an officer has a right to be, do not constitute a search within this context.

Question 18

The Fourth Amendment applies to telephone company billing records.

Accepted Answer

The Supreme Court has ruled that the Fourth Amendment does not apply to telephone company billing records because individuals have voluntarily shared this information with their telephone service providers, and thus have no reasonable expectation of privacy over these records (Smith v. Maryland, 1979).

Question 19

The legal concept that defendants generally must assert their own legal rights is referred to as __________.

Accepted Answer

The answer of The legal concept that defendants generally must...

Question 20

The exclusionary rule is a rule of evidence that excludes evidence from being admitted in a criminal trial on the question of the defendant's guilt or innocence that was obtained in violation of the defendant's constitutional rights.

Accepted Answer

The statement accurately describes the exclusionary rule.

Quiz 8: Legal Constraints That Impact Police Operations