Question 1

A(n) ______ happens when the police take a person into custody for the purposes of criminal prosecution and interrogation.

Accepted Answer

An arrest occurs when the police take a person into custody with the intention of holding them for questioning and possibly charging them with a crime. This is distinct from a stop, encounter, or investigation, which do not necessarily involve taking someone into custody.

Question 2

A(n) ______ is a governmental infringement into a person's reasonable expectation of privacy for the purpose of discovering things that could be used as evidence in a criminal prosecution.

Accepted Answer

A search is defined as a governmental infringement into a person's reasonable expectation of privacy for the purpose of discovering evidence that could be used in a criminal prosecution.

Question 3

The standard of proof necessary to justify the issuance of an arrest warrant is ______.

Accepted Answer

The standard of proof necessary for the issuance of an arrest warrant is "probable cause." This means that there must be a reasonable basis to believe that a crime has been committed and that the person to be arrested committed the crime.

Question 4

When making an arrest inside of a home, which of the following exceptions to the arrest warrant requirement may apply?

Accepted Answer

Exigent circumstances can justify making an arrest inside a home without a warrant if there is an urgent need to act and no time to obtain a warrant, such as preventing the destruction of evidence, pursuing a fleeing suspect, or addressing a risk of harm.

Question 5

A(n) ______ involves the police taking control of a person or thing because of a violation of law.

Accepted Answer

A seizure involves the police taking control of a person or thing because of a violation of law, which can include both the taking of physical items or detaining a person.

Question 6

A(n) ______ is generally required when the police wish to seize evidence.

Accepted Answer

A search warrant is required for police to legally enter a premise to search for and seize evidence. Arrest warrants, injunctions, and citations serve different legal purposes.

Question 7

When a person is placed in handcuffs, it means the person is ______.

Accepted Answer

The answer of When a person is placed in handcuffs,...

Question 8

The Supreme Court of the United States restricted governmental searches wherever individuals have a reasonable expectation of privacy in ______.

Accepted Answer

The Supreme Court case Katz v. United States established the principle that the Fourth Amendment protects people, not places, and that individuals have a reasonable expectation of privacy against government searches and seizures in areas where they have a reasonable expectation of privacy.

Question 9

The ______ exception to the warrant requirement allows police to conduct a search without a warrant in situations where, without immediate police action, the suspect may destroy evidence or may pose a threat of danger to himself, the police, or the public, or someone else may be in further danger of harm.

Accepted Answer

The correct answer is "exigent circumstances." This legal principle allows law enforcement to conduct searches without a warrant when there is no time to secure one due to an immediate threat of evidence destruction, danger to someone's life, or a similar emergency situation.

Question 10

When a motorist is pulled over for a legitimate traffic offense to allow the officer to investigate a separate, unrelated criminal offense, it is called a(n) ______ stop.

Accepted Answer

Pretextual stops occur when law enforcement officers use a legitimate traffic stop as a pretext to investigate a separate, unrelated criminal offense.

Question 11

The U. S. Supreme Court decision in ______ created the hot pursuit exception to the warrant requirement.

Accepted Answer

The U.S. Supreme Court decision in Warden v. Hayden (1967) created the hot pursuit exception to the warrant requirement, allowing police to enter a home without a warrant if they are chasing a suspect believed to have committed a felony.

Question 12

If an arrest occurs outside of a house, officers ______.

Accepted Answer

Officers may search a home without a warrant if they obtain consent from the occupant, which is a recognized exception to the warrant requirement under the Fourth Amendment.

Question 13

The level of proof needed for officers to conduct a stop and frisk is ______.

Accepted Answer

Reasonable suspicion is the legal standard required for a police officer to stop and frisk an individual. This standard is lower than probable cause and certainly lower than beyond a reasonable doubt or preponderance of the evidence. It requires that the officer have a specific and articulable suspicion that the person has committed, is committing, or is about to commit a crime.

Question 14

The primary reason for conducting a search during a stop and frisk is to ______

Accepted Answer

The primary reason for conducting a search during a stop and frisk, also known as a Terry stop, is to find weapons to ensure the safety of the officer and others nearby.

Question 15

In ______, the Supreme Court of the United States decided that a search without a warrant is permitted, in the name of officer safety, when an officer has reasonable suspicion that criminal activity is afoot and that the suspect may be armed.

Accepted Answer

Terry v. Ohio established the standard that police officers can stop and frisk a person for weapons without a warrant if they have reasonable suspicion that the person is involved in criminal activity and may be armed and dangerous.

Question 16

Which of the following exceptions is the most common reason why the police conduct searches without a warrant?

Accepted Answer

Consent is the most common reason for warrantless searches, as individuals often voluntarily allow police to conduct a search without a warrant.

Question 17

Who may give valid consent to search a hotel room?

Accepted Answer

The person renting the hotel room has a reasonable expectation of privacy in the space, thus they have the authority to give valid consent to search it.

Question 18

In ______, the Supreme Court of the United States made the exclusionary rule applicable to the states.

Accepted Answer

Mapp v. Ohio (1961) is the landmark case in which the U.S. Supreme Court ruled that the exclusionary rule, which prevents illegally obtained evidence from being used in court, applies to the states through the Fourteenth Amendment. This decision significantly expanded the Fourth Amendment protections against unreasonable searches and seizures.

Question 19

The ______ exception to the exclusionary rule allows evidence that was seized illegally owing to an unintentional error in conducting the search, to be admissible in court.

Accepted Answer

The "good faith" exception to the exclusionary rule permits evidence that was obtained illegally, due to a reasonable mistake or unintentional error by law enforcement officers, to be used in court. This exception is based on the principle that if officers were acting with good faith belief that they were following legal procedures, the evidence should not be automatically excluded.

Question 20

The ______ exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court, if the evidence would have been found without the illegal search.

Accepted Answer

The inevitable discovery doctrine posits that evidence obtained through unlawful means can still be used in court if it can be shown that the evidence would have inevitably been discovered by lawful means.

Quiz 9: The Law of Search, Seizure, and Self-Incrimination