Question 1

The term "arrest" is derived from:

Accepted Answer

The term "arrest" is derived from the French word "arrester," which means to stop or bring to a halt.

Question 2

The elements of an arrest include:

Accepted Answer

The elements of an arrest include having a reason to believe a person has committed a crime and that the person to be arrested actually committed the crime. An arrest warrant is not always necessary for an arrest to occur, especially in situations where a crime is committed in an officer's presence or under exigent circumstances.

Question 3

A federal marshal has jurisdiction to make an arrest in which of the following locations?

Accepted Answer

Federal marshals have jurisdiction to make arrests anywhere within the territorial limits of the United States, not just in the state where they are assigned or only when accompanied by local law enforcement.

Question 4

The federal department responsible for preventing terrorist attacks within the United States; reducing America's vulnerability to terrorism; and minimizing the damage and recover from attacks that do occur.

Accepted Answer

The Department of Homeland Security (DHS) is responsible for preventing terrorist attacks within the United States, reducing America's vulnerability to terrorism, and minimizing the damage and aiding recovery from attacks that do occur.

Question 5

When is it permissible for a law enforcement officer to use force in making an arrest?

Accepted Answer

Law enforcement officers are permitted to use force in making an arrest when they have reasonable cause to believe that the person to be arrested has committed a public offense. This allows officers to act based on probable cause, ensuring they can perform their duties effectively while also protecting public safety.

Question 6

In which of the cases listed below did the Supreme Court establish certain safeguards for individuals being interrogated by the police?

Accepted Answer

The Supreme Court established safeguards for individuals being interrogated by the police in Miranda v. Arizona, which led to the creation of the Miranda rights, requiring police to inform suspects of their rights during custodial interrogations.

Question 7

In which of the cases listed below was the defendant taken to the police station and questioned continuously for two (2) days before he confessed?

Accepted Answer

In Ashcraft v. Tennessee, the defendant was subjected to continuous interrogation for 36 hours under oppressive conditions, which led to his confession. This case is notable for the Supreme Court's focus on the conditions under which a confession was obtained, emphasizing the importance of voluntariness for a confession to be admissible in court.

Question 8

In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing?

Accepted Answer

In Spano v. New York, the Supreme Court dealt with a case where a rookie police officer, who was a friend of the defendant, was used to elicit a confession. This tactic was part of the reasons the court found the confession to have been obtained in a manner that violated the defendant's due process rights.

Question 9

In which of the cases listed below did police refuse a defendant's request to see his attorney?

Accepted Answer

In Escobedo v. Illinois, the Supreme Court held that the defendant's right to counsel was violated when he was not allowed to consult with his lawyer despite repeated requests, during a police interrogation before being formally charged.

Question 10

Which of the classes of persons listed below has at least limited immunity from arrest?

Accepted Answer

Legislators enjoy immunity from arrest under certain circumstances to ensure they can perform their legislative duties without interference. Out-of-state witnesses who are in a jurisdiction to testify also have limited immunity to ensure their participation in the legal process.

Question 11

All states except ________ have some type of state police or law enforcement system.

Accepted Answer

Hawaii is unique among U.S. states as it does not have a state police force. Instead, law enforcement is organized at the county level.

Question 12

This federal agency investigates and curtail counterfeiting of U.S. currency.

Accepted Answer

The Secret Service is responsible for protecting the U.S. currency from counterfeiting, in addition to providing protection for national leaders.

Question 13

The Department of Homeland Security has ________ divisions.

Accepted Answer

The Department of Homeland Security has four primary divisions: U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Transportation Security Administration (TSA).

Question 14

The justifications under the common law rule allowing for individuals to resist an unlawful arrest include:

Accepted Answer

Under common law, individuals are allowed to resist an unlawful arrest based on several justifications: the principle that a state cannot arbitrarily take away a person's liberty, the concept that citizens have a role in governing those who govern them (including police), and the right of innocent persons to resist injustice. These principles collectively support the idea that individuals may resist an unlawful arrest.

Question 15

Before the U.S. Supreme Court decided Miranda v. Arizona, confessions and the accompanying interrogations were decided:

Accepted Answer

Before Miranda v. Arizona, the admissibility of confessions was determined on a case-by-case basis, considering the circumstances of each case to decide if a confession was given voluntarily and without coercion.

Question 16

A detention requires at least:

Accepted Answer

A detention requires at least reasonable suspicion, which is a lower standard than probable cause and is based on specific and articulable facts.

Question 17

Generally, federal law enforcement officers have jurisdiction to arrest:

Accepted Answer

Federal law enforcement officers generally have jurisdiction to arrest anywhere within the United States, as their authority typically extends across the entire country, allowing them to enforce federal laws regardless of state boundaries.

Question 18

The authority which has been granted to an officer to make arrests beyond the officer's jurisdiction is called?

Accepted Answer

Posse comitatus refers to the authority vested in a law enforcement officer to enlist the help of civilians or other officers to assist in law enforcement duties, including making arrests. This term can sometimes be associated with the broader powers granted to law enforcement, including operating beyond their usual jurisdiction under specific circumstances.

Question 19

In the Supreme Court case of Arizona v. Gant, the Court limited the Fourth Amendment search authority of a passenger compartment of a vehicle to which circumstance?

Accepted Answer

In Arizona v. Gant, the Supreme Court ruled that police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of the arrest. This decision limits the circumstances under which a vehicle can be searched without a warrant.

Question 20

A law enforcement officer or peace officer is a person who:

Accepted Answer

Law enforcement or peace officers are employed by a government branch and are sworn to uphold its laws, making both A and B correct. Wearing a distinctive uniform is common but not a defining characteristic of all law enforcement officers.

Quiz 3: Arrest and Custody