Exam 4: Arrest, Interrogation, and Identification Procedures

The Supreme Court has held that when police stop an automobile based on reasonable suspicion, they may search the passenger compartment for weapons, assuming they have reason to believe that a suspect is dangerous.

In 1983 the Supreme Court upheld a law that required persons loitering or wandering on the streets to provide a "credible and reliable" identification and to account for their presence when requested to do so by a police officer.

In 2004 the U.S. Supreme Court held that states are not precluded from using checkpoints to obtain motorists' assistance in locating the perpetrator of a crime involving a traffic accident.

In 1964, in Malloy v. Hogan, the U.S. Supreme Court made the Self-Incrimination Clause of the Fifth Amendment applicable to __________________ .

Under no circumstances may police make a warrantless entry into a home to effect an arrest.

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. -Let's now assume that Billy was in fact read Miranda warning before he was brought into the interrogation room. Let's also assume that, before he broke down and gave his confession, he had been through three grueling hours of interrogation, during which time he remained mostly silent. Which of the following is true?

Which of the following statements is INCORRECT?

An arrest must be based on probable cause and, with certain exceptions, is subject to the warrant requirement of the Fourth Amendment.

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. -Had this checkpoint a "drug checkpoint" instead of a DUI checkpoint, then which statement would be true?

At common law, police had the right to make a warrantless arrest if they observed someone in the commission of a misdemeanor.

The process by which police take an eyewitness to the crime scene to view a suspect shortly after an offense has been committed is called a ____________.

Completion: -A ___________ is a court order directing that a particular individual be taken into custody.

Completion: -Although the courts have said that a police officer's detention of a person based on the officer's reasonable suspicion must be brief, courts have not set precise limits, rather, they have said that the time span of the detention must be evaluated based on the _____________.

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. -Let's assume that an appellate court throws out the confession because Billy was not read his Miranda rights. The gun and any DNA evidence found next to the dead body could be considered:

Police officers must always have probable cause to make an arrest.

Completion: -Courts will generally suppress a _______ obtained by the police where the police have used or threatened force or have promised leniency to obtain it.

Completion: -The Supreme Court's 1963 decision in Wong Sun v. United States established the _________ doctrine whereby evidence derived from inadmissible evidence is likewise inadmissible in criminal proceedings.

In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court held that the ___________ govern(s) the admissibility of scientific evidence in the federal courts.

Completion: -In February 1999, four New York City police officers looking for a serial rapist shot and killed _______________, a recent immigrant from the African nation of Guinea.

The deprivation of a person's liberty by someone with legal authority is termed a (an) ______.