Question 1

The 'public safety exception' is a rule stating that evidence seized with a defective warrant,not based on probable cause,is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.

Accepted Answer

The 'public safety exception' refers to a situation where law enforcement can question a suspect without giving Miranda warnings if there is an immediate threat to public safety. The scenario described in the question actually refers to the 'good faith exception' to the exclusionary rule.

Question 2

A __________ is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.

Accepted Answer

The answer of A __________ is a patting down of...

Question 3

A 'search' is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.

Accepted Answer

A 'search' generally refers to a more thorough examination of a person or property, while a 'frisk' or 'pat-down' is the specific action described, aimed at ensuring officer safety by checking for weapons.

Question 4

Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety.

Accepted Answer

Frisks, also known as pat-downs, are a limited search for weapons only. They are conducted if there is reasonable suspicion that the individual is armed and dangerous, and the search is limited to what is necessary to discover weapons that may pose an immediate threat to the officer's safety. Frisks and pat-downs do not include a full search of the individual's possessions or clothing unless further suspicion arises during the frisk.

Question 5

After an arrest and search have been carried out,the police have the authority to interrogate the arrested person.Interrogations are not specifically mentioned in the Constitution,but the limits of official interrogations are implied in the Fifth Amendment.

Accepted Answer

The statement accurately describes the authority of police to interrogate arrested persons and how the limits of interrogation are implied in the Fifth Amendment.

Question 6

The Supreme Court has held that when __________ is the result of a conscious or deliberate choice,police may be held liable for civil damages.

Accepted Answer

The Supreme Court has held that when poor training is the result of a conscious or deliberate choice, police may be held liable for civil damages. This is based on the doctrine of deliberate indifference, which requires a showing that the failure to train was an intentional choice by the police department.

Question 7

A ___________ refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.

Accepted Answer

The answer of A ___________ refers to the confiscation of...

Question 8

A majority of Americans do not believe racial or ethnic profiling is __________,but opinions vary depending on the specific situation.

Accepted Answer

A majority of Americans believe that racial or ethnic profiling can be justified depending on the situation, such as in the case of national security or law enforcement investigations. However, it is important to note that many also believe it can be unfair and discriminatory in other contexts.

Question 9

Law enforcement officials initially criticized Miranda v.Arizona for limiting their ability to obtain evidence through interrogation.Many believed that officers would no longer be able to conduct interrogations of suspects without lawyers present,and that suspects who understood that they had the right to remain silent would always invoke this right and refuse to talk to the police.

Accepted Answer

Law enforcement officials initially criticized Miranda v. Arizona for its perceived limitation on their ability to obtain evidence through interrogation. They believed that suspects would always invoke their right to remain silent and refuse to talk to the police, making it difficult for officers to gather evidence.

Question 10

The term 'reasonable suspicion' refers to a situation in which a police officer has good reason to believe that criminal activity may be occurring;this permits a brief investigative inquiry of the suspect.

Accepted Answer

This statement correctly defines the term 'reasonable suspicion.'

Question 11

The 'Miranda warning' is a five-point warning derived from the case of Miranda v.Arizona.Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.

Accepted Answer

The statement accurately describes the purpose and origin of the Miranda warning.

Question 12

The 'exclusionary rule' holds that illegally seized evidence must be excluded from trials.Searches conducted without probable cause (or without a warrant where one is required)are illegal.

Accepted Answer

The exclusionary rule does hold that illegally seized evidence must be excluded from trials, and it is true that searches conducted without probable cause or without a warrant where one is required are considered illegal under the Fourth Amendment of the US Constitution.

Question 13

A __________is an exploratory inspection of a person or property based on probable cause of law violation.

Accepted Answer

The answer of A __________is an exploratory inspection of a...

Question 14

Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement,reflecting continuing conflict in the balance to be struck among the interests of government.

Accepted Answer

The statement is true as the debate about the exclusionary rule and Miranda is ongoing, which reflects the conflict between the interests of government and the citizens. This debate is not settled, and both sides have valid arguments about the benefits and drawbacks of these legal principles.

Question 15

The importance of confessions to police work may be overstated due to the fact that police rarely take a suspect into custody without some kind of evidence,and a confession rarely forms the basis for a conviction without other corroborating evidence.

Accepted Answer

Confessions are an important tool in police work, but they are not always necessary and their importance can be overstated. Police typically gather other evidence before taking a suspect into custody, and confessions are rarely enough on their own to secure a conviction without other corroborating evidence.

Question 16

To ensure protection against self-incrimination,suspects taken into custody must be read the Miranda warning,which states that the suspect has the right to remain silent and to have an attorney present during questioning.

Accepted Answer

This is the basic principle of the Miranda warning, as established by the Supreme Court in Miranda v. Arizona.

Question 17

A 'seizure' refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.

Accepted Answer

A seizure does refer to the confiscation of property when there is interference with the individual's possession of the property.

Question 18

A 'frisk' is an exploratory inspection of a person or property based on probable cause of law violation.

Accepted Answer

A 'frisk' is a limited pat-down search for weapons for officer safety, typically based on reasonable suspicion, not probable cause of law violation.

Question 19

The 'good faith exception' means that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

Accepted Answer

The 'good faith exception' refers to a legal doctrine allowing evidence collected in violation of a suspect's Fourth Amendment rights to be admitted in court if police officers were acting under the belief that they were following legal procedures. The Miranda warning omission for public safety reasons is actually referred to as the "public safety exception."

Question 20

Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.

Accepted Answer

This is known as the "automobile exception" to the Fourth Amendment's probable cause requirement for searches. The Supreme Court has ruled that because cars are mobile and can quickly leave the jurisdiction of the officer, there is a reduced expectation of privacy in automobiles. Therefore, if officers have reason to believe that a person in a car is armed and dangerous, they may search the car without obtaining a warrant.

Quiz 5: Criminal Procedure and the Police