Exam 4: Arrest, Interrogation, and Identification Procedures

In determining whether a defendant's confession was voluntary, courts typically consider such factors as ________________.

Police are permitted to temporarily detain persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.

Critical Thinking: Billy is driving home from a bar on a Friday night when he comes upon a DUI checkpoint. At the checkpoint, an officer smells alcohol on Billy's breath and asks him to step out of the car. Billy stumbles out of the car and slurs his words when asked a few basic questions about who he is and where he is going. Billy refuses to consent to a breathalyzer, but the officer does have a video camera record Billy as he is stumbling and slurring his words. Billy is arrested on suspicion of DUI and taken to the police station. At the station, a sample of Billy's blood is taken. Although Billy does not consent to this, he is too drunk to put up much resistance. At his trial, officers play a video of Billy slurring his words and also introduce the blood evidence. He is convicted of DUI. -Billy was not read his Miranda Rights prior to being asked some basic questions on the side of the road. Yet, a video tape of him slurring his words in response to the officer's questions was played at trial. If the Supreme Court were to hear an appeal based on this information, it would:

Which of the following identification procedures have been upheld by the courts?

Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is _______________.

Critical Thinking: Billy is driving home from a bar on a Friday night when he comes upon a DUI checkpoint. At the checkpoint, an officer smells alcohol on Billy's breath and asks him to step out of the car. Billy stumbles out of the car and slurs his words when asked a few basic questions about who he is and where he is going. Billy refuses to consent to a breathalyzer, but the officer does have a video camera record Billy as he is stumbling and slurring his words. Billy is arrested on suspicion of DUI and taken to the police station. At the station, a sample of Billy's blood is taken. Although Billy does not consent to this, he is too drunk to put up much resistance. At his trial, officers play a video of Billy slurring his words and also introduce the blood evidence. He is convicted of DUI. -The blood evidence used at trial:

In Atwater v. City of Lago Vista (2001), the U.S. Supreme Court ruled that the Fourth Amendment forbids a warrantless arrest for a minor traffic offense such as a seat belt violation.

To make a warrantless arrest for a felony, police must observe the crime in progress.

Completion: -Police who have ______________ that criminal activity is afoot may temporarily detain a person for questioning.

Billy is in an interrogation room at a police station. He was brought there after being arrested on suspicion of DUI. He was not read his Miranda rights on the side of the road when he was taken into custody and was not read his Miranda rights upon arriving at the station either. The detective who enters the interrogation room is unaware of this information and begins questioning Billy about his whereabouts that evening. Billy mentions that he was at a bar called "The Floating Walrus." This piques the detectives interest, because a woman last seen at that bar has been reported missing. When the detective mentions her name, Billy breaks down crying and asks for forgiveness. Billy then says her body is in a wooded area about 250 feet behind the bar. The detective leaves the station, heads to that area, and finds the woman's body; she is dead from a gunshot wound. A gun registered to Billy is lying next to her. -The lack of Miranda warnings in this situation will:

In 1985 the Supreme Court upheld a state law that permitted police to use deadly force against fleeing suspects even when there was no threat to the safety of the officer or the public.

For a police officer to make an arrest he or she must have ___________.

Which one of the following statements is INCORRECT?

Completion: -Under the ____________________ doctrine, evidence derived from inadmissible evidence is likewise inadmissible in court.

Completion: -In 1964 the Supreme Court made the _____________ Clause applicable to state criminal prosecutions and recognized the right of suspects to have counsel present during interrogation.

The Supreme Court has held that a suspect has a right to counsel at a lineup conducted ____.

The U.S. Supreme Court has held that police may use whatever degree of force is necessary to apprehend a fleeing felon, even if the suspect is unarmed.

At common law, a private individual could make an arrest without a warrant if a felony was committed in the individual's presence.

The Supreme Court has defined "interrogation" as questioning or ___________________.

Which of the following is least likely to lead to suppression of a suspect's confession?