Question 1

Miranda warnings were established by the U.S.Supreme Court in Weeks v.U.S.(1914).

Accepted Answer

Miranda warnings were actually established by the U.S. Supreme Court in Miranda v. Arizona (1966), not Weeks v. U.S. (1914).

Question 2

Terry v.Ohio permitted officers the ability to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity,which is referred to as a ________ search.

Accepted Answer

The term "stop-and-frisk" is commonly used to refer to the type of search allowed by Terry v. Ohio in which an officer can briefly detain and pat down (or "frisk") someone if there is reasonable suspicion of criminal activity.

Question 3

The Warren Court established that the exclusionary rule applied to the states.

Accepted Answer

The Warren Court, through the decision in Mapp v. Ohio (1961), established that the exclusionary rule, which prohibits the use of illegally obtained evidence in court, applied to the states through the Fourteenth Amendment's Due Process Clause.

Question 4

Chief Justice Earl Warren established a strict code of conduct for police officers in the way that police handled criminal defendants.

Accepted Answer

Chief Justice Earl Warren established the landmark Supreme Court case of Miranda v. Arizona which established the Miranda warning and a strict code of conduct for police officers in the way that police handled criminal defendants.

Question 5

Which of the following is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer?

Accepted Answer

Native language is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer. Behavioral analysis, observational techniques, and the K-9 Unit are all common factors used to determine suspicion.

Question 6

Police rarely use deception when interrogating a suspect.

Accepted Answer

Police sometimes use deceptive tactics when interrogating a suspect, such as lying about evidence or making false promises in order to elicit a confession. However, the use of deception is regulated and restricted in some jurisdictions.

Question 7

Miranda warnings must be issued in written form and signed or initialed by the suspect.

Accepted Answer

Miranda warnings do not have to be in written form or physically signed by the suspect. The suspect must only acknowledge that they understand their rights. This acknowledgement can be verbal or nonverbal.

Question 8

Even if a police officer is acting in the interests of public safety,he or she must obtain a warrant before searching an area.

Accepted Answer

There are a few exceptions to the warrant requirement, including situations where the officer has probable cause to believe that evidence of a crime is present in the area being searched, or where there is an immediate threat to public safety. However, in general, a warrant is required before conducting a search.

Question 9

The exclusionary rule increases the legal protection for criminal defendants.

Accepted Answer

The exclusionary rule prevents evidence obtained through illegal searches and seizures from being used against a defendant in court. This increases the legal protection for criminal defendants by ensuring that their Fourth Amendment rights are not violated and that evidence gathered through illegal means cannot be used against them.

Question 10

In Nix v.Williams (1984),the U.S.Supreme Court established the inevitable discovery exception to the exclusionary rule.

Accepted Answer

The U.S. Supreme Court did establish the inevitable discovery exception to the exclusionary rule in Nix v. Williams in 1984.

Question 11

If a police officer is acting in good faith,then he or she may use evidence obtained through the use of a defective search warrant.

Accepted Answer

The Good Faith Exception allows evidence to be used if the officer acted in good faith when obtaining the defective warrant.

Question 12

In your opinion,do the constitutional rights of citizens "tie the hands" of the police to a significant degree? Explain your answer.

Accepted Answer

The answer of In your opinion,do the constitutional rights of...

Question 13

Can you think of any instances (not including those discussed in the text)in which officers should not need a warrant to search?

Accepted Answer

The answer of Can you think of any instances (not...

Question 14

Officers can make an arrest without a warrant when there are ____________.This means that officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to court to seek a warrant.

Accepted Answer

The answer of Officers can make an arrest without a...

Question 15

Miranda warnings must be read to a suspect when he or she is taken into custody.

Accepted Answer

Miranda warnings are required to be read to a suspect when he or she is taken into custody to inform the individual of their rights, including the right to remain silent and the right to an attorney.

Question 16

Miranda warnings involve the right to counsel and the right to remain silent.

Accepted Answer

Miranda warnings inform suspects of their rights to counsel and to remain silent under the Fifth Amendment of the United States Constitution.

Question 17

According to the ___________ doctrine,officers are permitted to search and to seize evidence,without a warrant,on private property beyond the area immediately surrounding the house.

Accepted Answer

The open fields doctrine allows officers to search and seize evidence on private property beyond the area immediately surrounding the house without a warrant. The plain view doctrine allows officers to seize evidence without a warrant if it is in plain view during a lawful search or seizure. The plain feel doctrine allows officers to seize items during a pat-down search if they can immediately recognize them as contraband. "Seizure" is not a doctrine but rather refers to the act of taking possession of evidence or property by law enforcement.

Question 18

The Fourth Amendment means nothing without the exclusionary rule.

Accepted Answer

The exclusionary rule is what gives teeth to the Fourth Amendment's prohibition against unreasonable searches and seizures. Without the possibility of illegally obtained evidence being excluded from trial, law enforcement would have little incentive to follow the Fourth Amendment's requirements.

Question 19

How has the increased focus on homeland security and terrorism affected current constitutional rights of citizens? Do you think our current constitutional guarantees should be revisited given the need to focus on terrorism?

Accepted Answer

The answer of How has the increased focus on homeland...

Question 20

Compare and contrast the plain view doctrine and the open fields doctrine.What is the key difference between them?

Accepted Answer

The answer of Compare and contrast the plain view doctrine...

Quiz 8: Police and Constitutional Law.