Question 1

Which of the following is often used in place of "stop," primarily because they mean the same thing and both refer to a seizure that must be justified by reasonable suspicion?

Accepted Answer

"Detention" is the term that is often used in place of "stop" because both refer to a seizure that must be justified by reasonable suspicion.

Question 2

Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of:

Accepted Answer

Domestic assault is the only misdemeanor on this list that some states allow officers to arrest for not committed in their presence. This is due to the potential danger to the victim and others involved in domestic violence situations. The other misdemeanors listed typically require the officer to witness the violation in order to make an arrest.

Question 3

What was the significance of Adams v. Williams (1972) in regard to the Fourth Amendment?

Accepted Answer

Adams v. Williams established that information from an informant, even without personal observation by an officer, could establish reasonable suspicion for a stop. This expanded the scope of permissible searches under the Fourth Amendment.

Question 4

For an investigatory stop to be constitutional, the officer has to be able to explain, in detail, the specific nature of the suspicion, which is known as:

Accepted Answer

The term used to describe the level of suspicion required for an investigatory stop to be constitutional is "articulable reasonable suspicion." This means that the officer must be able to articulate, in detail, the specific facts and circumstances that led them to reasonably suspect that criminal activity is afoot.

Question 5

Officers must have a particularized and objective basis for suspecting a person of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the:

Accepted Answer

The totality of the circumstances test requires officers to consider all relevant factors in determining whether they have reasonable suspicion for a stop, including the individual's behavior, characteristics, and the specific circumstances surrounding the encounter. This standard is less stringent than probable cause, but requires more than a mere hunch. It must be objective and based on specific facts that would lead a reasonable person to suspect that criminal activity is afoot.

Question 6

In United States v. Sharpe, the Court ruled that a stop:

Accepted Answer

In United States v. Sharpe, the Court ruled that a stop has no rigid time limit. The duration of a stop will be determined by the amount of time needed to complete the purpose of the stop, as well as any subsequent investigations that arise from the stop.

Question 7

When would a traffic stop require Miranda warnings?

Accepted Answer

The answer of When would a traffic stop require Miranda...

Question 8

Searches at international borders:

Accepted Answer

Searches at international borders fall under the Fourth Amendment's "border search exception" which allows searches and seizures at international borders and their functional equivalents without probable cause or a warrant. This exception exists to protect the sovereign's interest in regulating what enters and exits its borders, and to prevent danger to national security or harm to the public. However, border officers still need a reasonable suspicion to conduct more invasive searches such as strip searches or body cavity searches.

Question 9

A warrantless arrest that begins in a public place is valid:

Accepted Answer

A warrantless arrest in a public place is valid if probable cause exists, even if the arrestee retreats to a private place. This is known as the "hot pursuit" doctrine. Good faith and reasonable suspicion may also be factors in the validity of the arrest, but probable cause is the most important factor. Witnessing the flight of the arrestee is not necessary for a valid warrantless arrest.

Question 10

The police may not make a nonconsensual, warrantless arrest inside a person's home or arrest a guest within that home without:

Accepted Answer

The police may only make a nonconsensual, warrantless arrest inside a person's home or arrest a guest within that home without a warrant if there are exigent circumstances. Exigent circumstances are situations where there is an immediate threat to the safety of the officer or others, or where there is a risk that evidence will be destroyed or removed before a warrant can be obtained. Without exigent circumstances, the police need a warrant or the owner's consent to make an arrest within a person's home.

Question 11

Usually, officers cannot make a lawful arrest:

Accepted Answer

Officers can typically make a lawful arrest for crimes committed in their presence, for felonies if they have probable cause, and with an arrest warrant. However, arresting someone for a misdemeanor that was not committed in their presence usually requires a warrant, making option D the correct choice.

Question 12

Police may use deadly force against fleeing felons only if:

Accepted Answer

Deadly force can only be used when there is an imminent threat to life, regardless of whether the suspect is a fleeing felon or not. The other options are not necessarily relevant to the use of deadly force.

Question 13

In which case did the Supreme Court hold that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered a house and began to search for the man because "the Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others"?

Accepted Answer

The Supreme Court held in Warden v. Hayden that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered a house and began to search for the man because "the Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others".

Question 14

In which of the following scenarios would an officer not be able to make a lawful, warrantless arrest?

Accepted Answer

A warrantless arrest can only be made if the officer witnesses a crime or has probable cause to believe that a crime has been committed. In the case of option D, the officer only hears about a crime that occurred a week ago and therefore does not have probable cause to make a warrantless arrest.

Question 15

Which of the following is not one of the five legitimate uses of force, often referred to as the "Rules of Engagement"?

Accepted Answer

Overcoming objections is not a legitimate use of force. The other options (arrest, prevent escape, overcome resistance) are commonly accepted as legitimate reasons for using force by law enforcement and military personnel.

Question 16

Roadblocks have been found to be constitutional if their purpose is to check for:

Accepted Answer

Roadblocks for the purpose of checking for drunk drivers have been found to be constitutional because they serve a significant public safety interest by identifying and removing impaired drivers from the roads. This has been upheld by the Supreme Court, recognizing the severe risk posed by drunk driving to public safety.

Question 17

In which case did the Supreme Court hold that "In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house…Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant"?

Accepted Answer

The quote comes from the Supreme Court's decision in Payton v. New York, which established that the Fourth Amendment prohibits warrantless searches and seizures of individuals in their homes unless there are exigent circumstances.

Question 18

Which of the following, by itself, can be used as reasonable suspicion to conduct a stop?

Accepted Answer

The answer of Which of the following, by itself, can...

Question 19

Which test provides that a seizure involves not only a police intention to seize, it includes the objective aspect in which a reasonable person believes that they are not free to terminate the encounter and leave?

Accepted Answer

The Mendenhall test, also known as the subjective/objective test, states that a seizure occurs when there is both a police intention to seize and a reasonable person would not feel free to leave. This test was established in the case of United States v. Mendenhall. The Brower test pertains to the Fourth Amendment’s application to seizures of property, not individuals. The Brewer test does not exist, and "the seizure test" is too broad of an answer as there are multiple tests used to determine if a seizure has occurred.

Question 20

A situation in which the police take someone in for questioning in a manner that makes it, in reality, an arrest, without the requisite probable cause, is called:

Accepted Answer

The term "detention tantamount to arrest" refers to a situation where the police detain someone without arresting them formally, but the detention is, in fact, an arrest due to its nature and duration. This kind of detention is not based on the required probable cause for an arrest and is, therefore, an infringement of the Fourth Amendment of the US Constitution.

Quiz 8: Conducting Constitutional Seizures