Deck 4: The Exclusionary Rule

Question 1

According to the Supreme Court opinion in Terry v. Ohio, involving a police stop and frisk of a citizen on a street to investigate a possible robbery:

A) in dealing with dangerous situations on city streets, police need an escalating set of flexible responses.
B) police cannot stop citizens without probable cause to believe that crime is afoot.
C) in any instance where the police can stop someone, they can also frisk that person.
D) police cannot stop citizens without clear and convincing evidence that crime is afoot.

Answer 1

A

Question 2

The Supreme Court has adopted which of the following readings of the Fourth Amendment regarding stops and frisks? The Amendment:

A) protects only full arrests and searches.
B) equates stops and arrests.
C) equates frisks and searches.
D) requires a lesser quantum of proof or suspicion for stop than for arrest.

Answer 2

D

Question 3

According to the Supreme Court opinion in Illinois v. Wardlow, which of the following can constitute a reasonable basis for a stop and frisk?
I) presence in high crime area
II) refusal to stop and answer questions when requested to do so by police
III) unprovoked flight after seeing police
IV) refusal to identify oneself when asked to do so

A) I, II
B) I, III
C) II, III
D) I, II, IV

Answer 3

B

Question 4

Police can establish reasonable suspicion to conduct a forcible stop from:
I) hearsay information from anonymous informants.
II) hearsay information from paid informants.
III) facts that officers acquire from their senses.
IV) hearsay information from victims.

A) III
B) III, IV
C) II, III, IV
D) I, II, III, IV

Question 5

The balancing approach to reasonableness:

A) requires courts to weigh the degree of intrusion against the government's need for the intrusion.
B) prohibits the police from making intrusions simply to prevent crimes that may happen.
C) does not require the court to weigh the degree of intrusion so long as there is a factual foundation for it.
D) does not require a factual foundation to support stops involving serious crimes.

Question 6

The first question to ask in Fourth Amendment cases is:

A) whether the government action was a search or seizure.
B) whether the government action was unreasonable.
C) whether the fruit of the government action (what is obtained from its action) should be excluded.
D) whether the government was investigating a serious crime.

Question 7

The objective basis for stops and frisks is:
I) the same as for arrests.
II) higher than for arrests.
III) lower than for arrests.
IV) the same as for full searches of a person.

A) I
B) II
C) III
D) IV

Question 8

According to the Supreme Court opinion in Terry v. Ohio involving the stop and frisk of a citizen on the street to investigate a robbery:

A) a stop is conduct outside the purview of the Fourth Amendment because the action does not rise to the level of a seizure.
B) whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.
C) a stop is not a serious intrusion upon the sanctity of the person and may be taken lightly.
D) the personal security and privacy of the individual always outweighs the government's interests in detecting crime.

Question 9

In regard to the official actions taken by police known as stop and frisk:
I) they take place on the street before any official documentation initiates the
Process.
II) they affect far more people than other police investigative actions.
III) they are the most superficial intrusions and deprivations.
IV) they require the least factual basis to make them reasonable.

A) I, II, III, IV
B) II, IV
C) I, II, III
D) II, IV

Question 10

The approach used by the Supreme Court to interpret the Fourth Amendment known as the "conventional Fourth Amendment approach":
I) views the warrant and reasonableness clauses of the Fourth Amendment as firmly connected.
II) views all searches not based on both warrants and probable cause as unreasonable.
III) gives more power to the government to conduct searches and seizures than the "reasonableness Fourth Amendment approach."
IV) views the reasonableness and warrant clauses of the Fourth Amendment as separate and distinct.

A) I, III
B) I, II, III
C) I, II
D) III, IV

Question 11

The Supreme Court balancing approach to stop and frisk requires weighing:

A) individual privacy rights and the value of controlling crime
B) Fourth Amendment rights and Fifth Amendment rights
C) efficient use of police resources and individual liberty
D) public opinion about crime and privacy rights

Question 12

According to the Supreme Court opinion in Terry v. Ohio, a stop justified at its beginning can:

A) be justified on mere hunches alone.
B) only be done for violent crimes.
C) become unjustified by being too extensive in scope.
D) have any scope the stopping officer wants.

Question 13

Which of the below is/are an example of direct information on which reasonable suspicion can be based?
I) flight
II) attempting to destroy evidence
III) evasive answers
IV) hiding

A) I, II, III, IV
B) I, III
C) I, IV
D) I

Question 14

Reasonable suspicion needed to make a stop:

A) requires more than probable cause.
B) requires a preponderance of the evidence.
C) requires only a hunch.
D) requires some minimum level of objective justification.

Question 15

A proper "frisk" under the stop-and-frisk rules established by Terry v. Ohio:

A) is limited to a pat-down of the suspect's outer clothing unless something that could be a weapon is felt during the pat-down.
B) may not be conducted unless there is no doubt in the mind of the officer that the suspect has a weapon.
C) may include a search of an area within one hundred yards of the suspect if the pat-down results in the feeling of an object which could be a weapon.
D) may not even extend to a pat-down unless the officer has probable cause to believe the suspect has a weapon.

Question 16

Which of the following is not a seizure?

A) chasing a fleeing suspect who gets away
B) arresting someone
C) physically grabbing someone to check suspicion
D) using such a show of force that a reasonable person does not leave

Question 17

Which of the following circumstances have been found sufficient by themselves to amount to reasonable suspicion?
A) A driver double-parked within ten feet of a pedestrian in a drug trafficking area.

A)m., a person approached an officer in his police vehicle in a high crime area and told him that a person seated in a nearby car had illegal drugs and a gun at his waist.
B) A passenger leaving an airplane appeared nervous in the presence of officers.
C) A driver failed to look at a patrol car late at night.
D) At 2:15

Question 18

Which of the following constitutes a stop?

A) A person approaches an officer and says, "I saw a man run out of that building with a knife dripping blood."
B) Police approach a person and ask, "Did you just leave that building?"
C) A person walks up to an officer and volunteers, "I just killed my enemy."
D) Officers investigating a robbery that just happened approach a person who fits the description given by the victim, asking who they are where they were at the time of the crime.

Question 19

Which of the following will not support stopping vehicles at a roadblock?

A) Driver's license and vehicle safety checks
B) General checks to see if drivers may be committing any crime
C) Sobriety checkpoints
D) Agricultural inspection stops

Question 20

According to the Supreme Court opinion in Terry v. Ohio, involving the stop and frisk of a citizen on the street to investigate a robbery:
I) A police officer may in appropriate circumstances approach a person to investigate possible criminal behavior even though there is no probable cause to make an arrest.
II) When an officer is justified in believing that the individual whose suspicious behavior he is investigating is armed, the officer may conduct a limited search for weapons.
III) An officer must be absolutely certain in believing that the individual whose suspicious behavior he is investigating is armed before conducting a limited search for weapons.
IV) In determining whether the officer acted reasonably in conducting a stop and frisk, weight must be given to unparticularized suspicions and hunches as well as specific inferences based on the officer's experience.

A) I, II, IV
B) I, III, IV
C) II, III
D) I, II

Question 21

Categorical suspicion:

A) can be sufficient in itself to amount to reasonable suspicion
B) can be sufficient as long as the category in which the suspect falls is not based on race or ethnicity
C) can be one of the factors in the entire picture of reasonable suspicion
D) is sufficient in itself if officers can establish the stop occurred in a high crime area

Question 22

According to the Supreme Court opinion in Alabama v. White:

A) an anonymous tip can never justify a Terry stop
B) an anonymous tip can justify a Terry stop if an officer's later direct observations confirm the informant's information
C) a Terry stop can be based on information from a known informant with a history of providing reliable information
D) an anonymous tip can justify a Terry stop if officers found a weapon on the person they stopped based on the tip

Question 23

The Supreme Court has ruled that a state statute which permits police to require a suspect disclose his identity during a Terry stop or face prosecution for failing to answer:

A) is unconstitutional because people are not obliged to respond to an officer's questions.
B) is unconstitutional because it violates the Fifth Amendment privilege against self-incrimination.
C) is constitutional because it is rationally related to the purpose and practical demands of a Terry stop.
D) is constitutional only if the state supreme court has ruled that it is.

Question 24

In Maryland v. Wilson, the case where police removed and detained a passenger from a lawfully stopped vehicle, the Supreme Court held:

A) that the officer's ordering the passenger out of the car was an unreasonable seizure.
B) that the practice of ordering all drivers and passengers stopped in traffic stops out of their vehicles as a matter of course was reasonable.
C) that the officer's ordering him out of the car was too great an intrusion into the driver's liberty.
D) that they must have articulable suspicion of danger to order the passenger out of the vehicle.

Question 25

According to the Supreme Court's opinion in U.S. v. Montoya de Hernandez, involving the detention of a traveler at the border, the standard of evidence necessary to detain a traveler at the border, beyond the scope of a routine custom search and inspection is:

A) probable cause.
B) no evidence at all, the Fourth Amendment does not apply at the border.
C) a clear indication of illegal activity.
D) reasonable suspicion.

Question 26

Outer clothing pat-downs do not constitute Fourth Amendment searches.

Question 27

In U.S. v. Sokolow, involving the stop of a suspected drug smuggler based on a "drug courier profile," the Supreme Court held that:

A) drug courier profiles are unconstitutional
B) drug courier profiles must be supported by a showing of probable cause
C) some of the reasonable suspicion can be based on a drug courier profile as long as the totality of circumstances supports such suspicion
D) reasonable suspicion is always supported if a suspect falls within a drug courier profile

Question 28

According to the Supreme Court in Michigan v. Sitz, involving sobriety checkpoints, detaining a car briefly at a sobriety check point:

A) is not a stop.
B) is a stop, but it is not covered by the Fourth Amendment.
C) is a stop to which the Fourth Amendment applies.
D) requires probable cause to think that someone in the car has committed a crime.

Question 29

According to the Supreme Court opinion in U.S. v. Sharpe, concerning a determination of how long police officers can detain suspects during lawful stops:

A) a "bright line" rule of one hour is used to determine whether an investigative detention is reasonable.
B) Any stop more than twenty minutes, without an arrest, is unreasonable.
C) Officers can detain suspects, without arresting them, for twelve hours.
D) In evaluating whether an investigative stop is unreasonable, a flexible approach using common sense and ordinary experience must govern.

Question 30

According to the Supreme Court in Michigan v. Sitz, involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint:

A) requires reasonable suspicion to think that the driver is driving under the influence.
B) requires probable cause to think that the driver is driving under the influence.
C) requires clear and convincing evidence to think that the driver is driving under the influence.
D) requires no individualized suspicion because of the importance of the State's interest in addressing the drunk driving problem.

Question 31

According to the Supreme Court, police can take no action against a citizen until they ` have probable cause.

Question 32

Stop and frisks affect a greater number of people than those actually arrested.

Question 33

According to the Supreme Court:
I) frisks require separate justification from that of stops.
II) frisks and stops are distinct law enforcement actions.
III) a lawful stop is a prerequisite for any frisk.
IV) officers cannot automatically frisk all citizens they stop.

A) I, II, IV
B) I, II, III
C) I, II, III, IV
D) III

Question 34

Stops and frisks are more invasive than arrest.

Question 35

Which of the following does not implicate the Fourth Amendment?

A) show of force with submission
B) frisk
C) briefly grabbing a suspect to check suspicion
D) asking questions of potential witnesses at the scene of a robbery

Question 36

According to the Supreme Court in U.S. v. Montoya de Hernandez, involving a detention at the border for drug investigation:

A) even routine customs searches at the border require reasonable suspicion.
B) any detention at the border that lasts more than 15 minutes is unreasonable.
C) detention beyond the scope of a routine customs search and inspection is always
Unreasonable.
D) the Fourth Amendment's balance of reasonableness is qualitatively different at the
International border than in the interior of the country.

Question 37

Which of the following are legitimate purposes for frisks?

A) to protect officers
B) to preserve evidence
C) to find illegal drugs
D) to convince suspects they should respond to an officer's questions

Question 38

Frisks:

A) are the most invasive type of search.
B) are not considered invasions of privacy.
C) are always allowed following a stop.
D) are the least invasive type of search.

Question 39

Which of the following elements are used to determine the reasonableness of a stop?
I) duration
II) invasiveness
III) location
IV) freedom

A) I, II, III, IV
B) I, II, III
C) I, III
D) I

Question 40

Since stops and frisks take place in public, they may shape the public view of police power more than more intrusive invasions such as arrest and searches that take place out of sight.

Question 41

Frisks are searches.

Question 42

A brief detention that enables law enforcement officers to freeze a situation for the purpose of investigating suspicious persons is a/an .

Question 43

The method of analysis that considers the Fourth Amendment's two clauses as being separate and addressing different problems is the ______________________.

Question 44

A suspect's race alone cannot constitute reasonable suspicion for police action.

Question 45

Another name for the totality of circumstances test is the __________________.

Question 46

Barricades set up for stopping vehicles and questioning the occupants are known as __________.

Question 47

Police officers can automatically frisk all citizens whom they stop.

Question 48

The patting down of a suspect's outer clothing to check for weapons is the type of search called a __________.

Question 49

Reasonable suspicion can never be based on hearsay information.

Question 50

According to the Supreme Court opinion in Illinois v. Wardlow, a person's mere presence in a high crime area can supply the objective basis needed for a stop.

Question 51

Pat-downs of suspects to protect officers against the danger of concealed weapons are __________.

Question 52

The two elements to the scope of a reasonable stop are and ____________________.

Question 53

An officer conducting a protective pat-down search can never seize any items other than weapons.

Question 54

The U.S. Supreme Court has held that fitting a drug courier profile is itself alone enough to furnish reasonable suspicion.

Question 55

Profiles are neither direct observation nor hearsay.

Question 56

Information received from anonymous informants is always considered equal in quality to that received from known informants in providing reasonable suspicion for a stop.

Question 57

Stop and frisk law focuses on the application of the _________ Amendment to law enforcement practices.

Question 58

When police learn facts not from their observation but from what other people tell them,
this is called ________________.

Question 59

The objective basis required for making a lawful stop is .

Question 60

The purpose of a frisk is to protect officers or other people from death or injury.

Question 61

Why is it reasonable to remove a passenger from a stopped vehicle when there's no suspicion the passenger may be involved in a crime?

Question 62

Does unprovoked flight + high-crime area = reasonable suspicion? Explain.

Question 63

Does an anonymous tip amount to reasonable suspicion? Explain.

Question 64

When can profiles be used in building reasonable suspicion?

Question 65

Identify the three possible alternatives for applying the Fourth Amendment to stops and frisks, and explain why the U.S. Supreme Court adopted alternative three.