Question 1

What standard of proof would Officer Billings need to make an arrest without a warrant?

Accepted Answer

Probable cause is the standard of proof required for an officer to make an arrest without a warrant. It means that there must be sufficient evidence or information to lead a reasonable person to believe that a crime has been or is about to be committed. Reasonable suspicion is a lower standard of proof, typically used for stop-and-frisk situations. Preponderance of evidence and proof beyond a reasonable doubt are higher standards of proof used in criminal trials.

Question 2

What type of searches do not require an announcement by police officers and are permitted by state statute, require judicial approval, and must be determined on an individual case basis?

Accepted Answer

No-knock searches do not require an announcement by police officers, are permitted by state statute, require judicial approval, and must be determined on an individual case basis.

Question 3

What is a "Buie sweep"?

Accepted Answer

A "Buie sweep" refers to a protective sweep of the premises without a warrant, conducted by law enforcement officers to ensure their safety by checking for individuals who might pose a danger.

Question 4

Officer Tanger has probable cause to believe Frank committed a robbery. He engages in a foot chase with Frank, who runs into his home. Can Officer Tanger enter the home without a warrant?

Accepted Answer

Under the hot pursuit exception, if an officer has probable cause to believe that a suspect has committed a felony and the suspect enters a private residence, the officer may enter the residence without a warrant if the officer is in hot pursuit of the suspect.

Question 5

Which exception to the exclusionary rule permits the introduction of illegally seized evidence if it can be shown that the evidence would have or might have been obtained even if the officer had not illegally seized it?

Accepted Answer

The inevitable discovery exception permits the admission of illegally obtained evidence if it can be shown that the evidence would have inevitably been discovered through lawful means. This exception is based on the idea that the evidence would have been discovered even if the police had not conducted an unlawful search or seizure.

Question 6

Which exception to the exclusionary rule permits the introduction of illegally seized evidence if suspects willfully offer the information?

Accepted Answer

The purged taint exception allows for the introduction of evidence if the connection between the illegal police conduct and the evidence is sufficiently weakened by the suspect's voluntary actions.

Question 7

The requirement that a confession or admission of guilt must be voluntary stems from _______, in which the U.S. Supreme Court ruled that a confession obtained from a suspect through police use of force was inadmissible.

Accepted Answer

The requirement that a confession must be voluntary stems from the case of Brown v. Mississippi, in which the Supreme Court held that confessions obtained through police use of torture or other forms of brutality violated the Due Process Clause of the Fourteenth Amendment, rendering such confessions inadmissible in court. The other cases mentioned are not related to the voluntariness of confessions. Miranda v. Arizona established the requirement for police to inform suspects of their rights before interrogating them. Mapp v. Ohio established the exclusionary rule, which prohibits the use of evidence obtained through unreasonable searches and seizures. Lily v. Kentucky is not a known Supreme Court case.

Question 8

Frisks are restricted to areas where suspects may be concealing weapons or other devices that could cause harm to the officer or others.

Accepted Answer

Frisks (also known as "pat-downs") are a type of search conducted by law enforcement officers to check for weapons or other dangerous items that a suspect may be concealing. These searches are only allowed in areas where the officer has reason to believe that the suspect may be carrying such items, such as in the waistband of their pants or inside a jacket. Frisks are not allowed to be used as a general search technique without probable cause.

Question 9

Individuals may grant the police permission to conduct a search without a warrant, although the permission must be voluntary, meaning that the police did not threaten or coerce the individual.

Accepted Answer

This is known as a "consent search," and it is a valid exception to the requirement of a warrant for a lawful search. However, the individual must give their consent voluntarily, without any coercion or deception by the police.

Question 10

The plain view doctrine holds that officers may not seize evidence without a warrant if it is in view of the officer, even if the officer has justification for being present to view the evidence.

Accepted Answer

The plain view doctrine allows officers to seize evidence without a warrant if they have a lawful right of access to the object, the incriminating character of the object is immediately apparent, and the officer has a lawful right of access to the object.

Question 11

The U.S. Constitution requires officers to obtain an arrest warrant prior to making an arrest; however, most arrests are made without a warrant.

Accepted Answer

While the Constitution does require officers to obtain a warrant before making an arrest, there are several exceptions to this requirement in which an officer may make an arrest without a warrant. These exceptions include situations where the officer has probable cause to believe that a crime has been committed or is about to be committed, or where the officer is making a lawful arrest for a misdemeanor committed in the officer's presence.

Question 12

Officers are unable to obtain an arrest warrant if they do not know the name of the individual they wish to arrest.

Accepted Answer

Officers can obtain an arrest warrant without knowing the individual's name if they can provide a detailed description or other identifying information that allows the person to be identified with reasonable certainty.

Question 13

Miranda warnings are required at all times prior to questioning, even if the questioning of a suspect does not involve information that could be self-incriminating.

Accepted Answer

Miranda warnings are required only when a suspect is in custody and subject to interrogation that could elicit self-incriminating responses.

Question 14

Miranda warnings are only necessary when a suspect has been taken into custody and is to be interrogated or questioned by law enforcement.

Accepted Answer

Miranda warnings are only required when a suspect is in custody and will be questioned by law enforcement. If a suspect is not in custody, then Miranda warnings are not necessary.

Question 15

Describe the situations in which searches are permitted without a warrant.

Accepted Answer

The answer of Describe the situations in which searches are...

Question 16

Identify and discuss the four categories of exceptions to the exclusionary rule. Do you believe we should have exceptions to the rule? Why or why not?

Accepted Answer

The answer of Identify and discuss the four categories of...

Quiz 17: Police and Constitutional Law