Deck 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure

Question 1

In which of the following circumstances would police officers be required to "knock and announce" their presence before executing a search warrant?

A)Officers are told by an informant that a home's occupant plans to shoot any officer that comes to their door.
B)Officers are aware that the occupant of the home is armed and dangerous.
C)Officers have a warrant to search for drugs, but when coming up to the residence, they hear the occupants say, "Quick, flush it down the toilet!" followed by running footsteps.
D)Officers have a warrant to search for drugs, but the occupants of the house do not appear to be home.

Answer 1

D

Question 2

Which of the following describes a situation where police would have probable cause to search and seize evidence or arrest an offender?

A)After a bomb destroys a building, police arrest several members of a religious group that held religious services near the bombed building.
B)An officer finds a car that has been vandalized with spray paint.He has a hunch that it was vandalized by a well-known delinquent in the neighborhood, so he arrests the teen, conducts a search of the teen's house, and seizes several cans of spray paint.
C)Police receive an anonymous tip that a person is building a bomb that they plan to detonate at a school.The police immediately arrest them, search the individual's home, and seize bomb-making materials.
D)A police officer recognizes the car of a person who has been convicted of drug possession in the past.Although there is no indication that the driver is under the influence, the officer stops the car and immediately arrests the individual.

Answer 2

C

Question 3

What is the main purpose of the exclusionary rule?

A)It protects against unreasonable searches and seizures by removing the incentive for police to obtain evidence illegally.
B)It makes the case more difficult to prove, which ensures that only guilty people will be convicted.
C)It prohibits searches except in circumstances that are beyond a reasonable doubt.
D)It limits the scope of the constitutional protection against unreasonable searches and seizures.

Answer 3

A

Question 4

Which type of officers rarely have the opportunity to perform searches after interviewing victims and witnesses due to the constraints of their assignment?

A)patrol officers
B)command staff
C)detectives
D)crime prevention officers

Question 5

During an investigation, police officers seize evidence after forcible entry into a suspect's home without first obtaining a warrant.When the case went to trial, the judge did not admit this evidence.Which of the following does this exemplify?

A)exclusionary rule
B)Terry doctrine
C)search and seizure
D)probable cause

Question 6

What is prohibited under the exclusionary rule?

A)any evidence anonymously sent to the defense attorney
B)any evidence anonymously sent to the police
C)any searches incident to arrest
D)any illegally obtained evidence from being used at trial

Question 7

Which of the following would be considered exigent circumstances?

A)The victim of a bike theft tells officers he has the name of the suspect.
B)A suspect is attempting to flush suspected drugs down the toilet.
C)A citizen is disrespectful to an officer during a traffic stop.
D)A murder suspect is unconscious in the hospital after a car crash.

Question 8

There are many steps to obtain an arrest warrant: First, the officer must swear in an affidavit, then the affidavit must be presented to a judge.What is the next step in the process?

A)The prosecutor will press charges on an accused individual.
B)The detective will gather physical evidence to back up the affidavit.
C)The police officer will execute the warrant and take the suspect into custody.
D)If the judge finds there is probable cause, they will issue a warrant.

Question 9

What does it mean when an officer swears in an affidavit?

A)that he or she is the victim of a crime
B)that he or she possesses knowledge a particular person committed a crime
C)that the officer used profane language in an official court document
D)that the officer pledges to carry out his or her duties in a lawful manner

Question 10

What has the U.S.Supreme Court said about establishing roadblocks to collect information from motorists about a crime?

A)Any such roadblocks are prohibited and considered as harassment.
B)Short stops are permissible considering the value in solving a crime.
C)Any such roadblocks are prohibited because the police do not have a warrant.
D)Stops of any duration are permissible considering the value in solving a crime.

Question 11

Which of the following is described as "reasonable suspicion that a crime has been or is about to be committed by a specific person?"

A)probable cause
B)intuition
C)clairvoyance
D)exigent circumstance

Question 12

When compared to searches conducted without a warrant, searches conducted with a warrant are ______.

A)presumed to be legal
B)more likely to lead to the destruction of evidence
C)more likely to result in a conviction being overturned
D)presumed to involve reasonable suspicion

Question 13

What is the standard for legal arrest?

A)preponderance of evidence
B)beyond a reasonable doubt
C)probable cause
D)gut instinct

Question 14

In which U.S.Supreme Court case were the provisions of the exclusionary rule extended to the states?

A)Terry v.Ohio (1968)
B)Kentucky v.King (1849)
C)Weeks v.United States (1914)
D)Mapp v.Ohio (1961)

Question 15

What was the critical finding in Weeks v.United States (1914)?

A)It established the use of the exclusionary rule in federal cases.
B)It extended provisions of the exclusionary rule to the states.
C)It established what constituted an "impartial magistrate" for issuing warrants.
D)It clarified the definition of probable cause.

Question 16

What two conditions must be in place for an officer to seize contraband that is in plain-view?

A)An officer must be lawfully on the premises, and the discovery must be inadvertent.
B)An officer must be able to clearly see the contraband, and a magistrate must verify probable cause after the seizure.
C)An officer must be conducting a warranted search, and the discovery must be incidental.
D)An officer must be granted permission to patrol the premises, and they must be granted consent from the owner of the property to seize the contraband that is spotted.

Question 17

In Arizona v.Gant (2009), the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

A)may search the vehicle without a warrant
B)may not search the vehicle without a warrant unless a drug-sniffing dog indicates there is contraband present
C)may not search the vehicle without a warrant unless the arrestee had access to the vehicle at the time of the search
D)may search the vehicle without a warrant unless the suspect invokes their right to counsel

Question 18

Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

A)Police officer training causes them to be too suspicious.
B)Police officers are expected to be untrustworthy.
C)Magistrates are more knowledgeable about warrants.
D)The oversight of a neutral magistrate is aspect of balance of power.

Question 19

A police officer is walking her beat when she hears a woman scream for help from inside a house.The officer would have the right to search the home without obtaining a warrant.Which of the following terms describes this situation?

A)pressing matters
B)exclusionary cases
C)exigent circumstances
D)imminent cause

Question 20

Compared to searches of automobiles, police are expected to meet a higher standard when it comes to searches of which of the following places?

A)school
B)workplace
C)home
D)place of worship

Question 21

In 2012, the U.S.Supreme Court ruled that police ______ when they attached a global positioning system (GPS) to a suspect's vehicle without a search warrant.

A)were within their right
B)violated the Constitution
C)were not conducting a search and therefore no rights were violated
D)did not violate a reasonable expectation of privacy

Question 22

In Maryland v.King (2013), the Supreme Court suggested that taking DNA from a person after arrest but prior to conviction was comparable to which of the following?

A)taking a mugshot
B)taking a handwriting sample
C)taking fingerprints
D)taking pictures of tattoos

Question 23

The accused is entitled to have an attorney present for a police lineup if the suspect has been ______.

A)arrested, but has not been charged
B)formally charged
C)"Mirandized"
D)assigned a public defender

Question 24

In order to invoke the Carroll doctrine, the situation must require immediate action.What is the second rule established by Caroll v.United States?

A)A person must have given consent for the officer to search.
B)The area searched must be in the immediate presence of the arrested individual.
C)The police must have a reasonable suspicion that a crime had taken place.
D)There must be enough probable cause that a search warrant would have been given if there had been enough time.

Question 25

An officer suspects that Mary is selling drugs out of her apartment.When the officer knocks on the door, Mary's roommate answers the door, and the officer requests permission to search the apartment.In which of the following circumstances would the search be considered a violation of Mary's Fourth Amendment right protecting against unreasonable searches and seizures?

A)Mary's roommate gives consent, but Mary immediately comes to the door and refuses permission.The officer searches the house anyway.
B)Mary's roommate tells the officer that Mary is at work, and refuses permission for the officer to search.Because Mary isn't present, the officer searches the apartment anyway.
C)Mary's roommate tells the officer that Mary is at her parents' house, and gives him permission to search the apartment.
D)Mary's roommate tells the officer that it is ok to search the apartment, and although Mary does not want the officer to search, she does not protest because she is afraid she will look guilty.

Question 26

An officer was patrolling a parking lot when he noticed a person unconscious in their car.When he went over to investigate, he noticed that the person had an open bag of illegal drugs in their hand.Which of the following best explains what the officer has the right to do in this situation?

A)The officer has the right to arrest the individual without a warrant because the illegal items are in plain view.
B)The officer must swear an affidavit to gain access to the car for a search and arrest, otherwise the evidence would be excluded.
C)Using the standard established in Terry v.Ohio, the officer has the right to stop and frisk the individual.
D)The officer must wake up the occupant of the vehicle and gain consent in order to seize the drugs.

Question 27

The Fifth Amendment protection against self-incrimination does not apply to every type of evidence.Which of the following would be a situation that would be covered by the constitutional protection against self-incrimination?

A)Prior to arrest, the accused is asked to provide a handwriting sample.
B)During interrogation, the accused is asked questions about the crime, but is given the opportunity to remain silent.
C)After arrest, the accused is asked to provide a saliva sample.
D)On the stand and under oath, the accused is asked directly if they committed the crime.

Question 28

Why is it not acceptable for a hotel clerk to give consent to a warrantless search of a hotel guests' room?

A)It is unconstitutional to search a room when the occupant is not present, even if the owner or co-occupant gives consent.
B)Hotel clerks are not considered to be reliable sources of information.
C)When the guest is in the hotel room, they temporary take legal ownership of the premises.
D)Hotel guests have a reasonable expectation of privacy.

Question 29

Under what circumstances do the protections of the Fifth Amendment apply?

A)They protect against using blood samples in criminal trials.
B)They protect against using handwriting samples in court.
C)They protect against any utterances made when an individual was under the influence of drugs or alcohol.
D)They protect civil and criminal defendants testifying at trial.

Question 30

What is one way that a suspect can invoke their right to remain silent?

A)making written statements instead of oral statements
B)refusing to answer any questions after hours of questioning
C)staying silent for the first interrogation, even if they make incriminating statements during the second interrogation
D)stating to the officer(s) that they are choosing to remain silent

Question 31

The warning that specifies to a criminal defendant his right to remain silent and his right to counsel is contained in the ______.

A)Miranda warning
B)exclusionary waiver
C)waiver of extradition
D)silence warning

Question 32

What is it called when an officer establishes probable cause through the sense of touch?

A)stop and frisk
B)reasonable suspicion
C)exclusionary rule
D)plain feel doctrine

Question 33

The Fifth Amendment affords protection against ______.

A)cruel and unusual punishment
B)self-incrimination
C)unreasonable search and seizure
D)unlawful arrest and detention

Question 34

What has the U.S.Supreme Court ruled with regard to the collection of DNA evidence?

A)Police can collect DNA from anyone with whom they come into contact.
B)Police can collect DNA only with a search/seizure warrant.
C)Police can collect DNA from individuals arrested but not convicted.
D)Police can only collect DNA from individuals following their conviction.

Question 35

When must police advise suspects of their Miranda rights?

A)at any point during the interrogation
B)before arrest for felony offenses or misdemeanor offenses
C)during interrogation when the suspect starts disclosing facts about the case
D)after arrest but before interrogation of any felony or misdemeanor offense

Question 36

What is it called when police are allowed to search a residence following a lawful arrest in order to reveal the presence of someone who might be a danger?

A)precautionary search
B)protective sweep
C)stop and frisk
D)residential casing

Question 37

What is a pretrial procedure that involves police showing a witness the suspect along with several other individuals in order to determine if the witness can identify the guilty party?

A)interrogation
B)arraignment
C)identification exercise
D)lineup

Question 38

Which of the following is a violation of the constitutional right protecting against searches and seizures?

A)A drug-sniffing dog detects contraband during a routine traffic stop, so an officer searches the car and seizes drug paraphernalia.
B)Police attach a GPS device to a suspect's car without a warrant.
C)Police search the purse of a passenger after the driver has been arrested for driving under the influence, and seize contraband.
D)Police seize illegal guns that were discovered in the trunk of the car while the officer was attempting to help a motorist change a tire.

Question 39

The "Terry Stop" resulted in allowing officers to ______.

A)stop and frisk suspects based only on reasonable suspicion
B)question suspects after a determination of probable cause
C)search suspects based on reasonable suspicion
D)interrogate suspects based on reasonable suspicion

Question 40

Which of the following must happen before a judge will issue a warrant?

A)A detective must present the entirety of their investigation to the judge.
B)A prosecutor must petition the judge for a warrant.
C)An officer must make a sworn affidavit that establishes probable cause.
D)A district attorney must agree to argue a case in court.

Question 41

Patrol officers must obtain a warrant in order to make any arrest.

Question 42

In Mapp v.Ohio (1961), the U.S.Supreme Court first coined the term exclusionary rule.

Question 43

A police officer cannot add to the probable cause used to make the arrest after making the arrest.

Question 44

When preparing a photo lineup for a witness, the detective working on the case intentionally chose a photo of the suspect where he was wearing similar clothes to those described by the victim-formal attire.All other photos in the lineup were dressed in very casual clothes.The judge decides that the officer violated the suspect's right to fairness by doing so.Which of the following describes the most likely outcome?

A)Formal charges against the suspect must be dropped.
B)The defense attorney will file a motion to remove the detective from the case.
C)The suspect will be granted a new trial.
D)The photo lineup evidence must be excluded from the trial.

Question 45

The Miranda v.Arizona (1966) case is important for establishing the guidelines for police to inform suspects of their rights.What case set the precedent for Miranda, in which the Supreme Court threw out a conviction because a suspect was questioned without being able to confer with his/her lawyer and was not informed of his/her rights?

A)Katz v.United States (1967)
B)Escobedo v.Illinois (1964)
C)Gideon v.Wainwright (1963)
D)Powell v.Alabama (1932)

Question 46

Which of the following rights is granted under the Sixth Amendment?

A)the right to effective counsel
B)the right not to be subject to double jeopardy
C)the right to due process
D)the protection against unreasonable searches and seizures

Question 47

The right to an attorney is guaranteed by which amendment?

A)Fifth
B)Sixth
C)Fourth
D)Seventh

Question 48

The U.S.Supreme Court has ruled that after an individual is arrested and in police custody away from his or her vehicle, the police must obtain a search warrant to search the suspect's vehicle.

Question 49

What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

A)six-pack
B)10-pack
C)slideshow
D)suspect photo identification

Question 50

What is a technique that police use to try and minimize faulty eyewitness identifications?

A)ensuring that the investigating detectives are not present to avoid inadvertent clues that may be picked up by the witness
B)allowing multiple witnesses to view suspect lineups at the same time so they can compare their recollections
C)focusing on in-person lineups as opposed to photo lineups
D)informing the witness that they may be subject to civil charges if they misidentify a suspect

Question 51

Which of the following cases clarified the right to counsel to indigents charged with a misdemeanor that carried the possibility of incarceration?

A)Argersinger v.Hamlin (1973)
B)Escobedo v.Illinois (1964)
C)Gideon v.Wainwright (1963)
D)Powell v.Alabama (1932)

Question 52

Police are allowed to stop all vehicles passing through a sobriety checkpoint without a warrant.

Question 53

The Fourth Amendment does not require police officers to knock and announce their presence before entering a person's home to execute a search warrant.

Question 54

In the case of Terry v.Ohio (1968), the U.S.Supreme Court authorized the use of on-the-spot searches of detained individuals if the officer suspects the person is carrying a weapon.

Question 55

Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

Question 56

The Exclusionary Rule outlines who is eligible to conduct searches and seizures of evidence for criminal cases.

Question 57

Which right does your textbook's author describe as one of the "greatest right[s] we enjoy in a democracy?"

A)Fourth Amendment protection against unreasonable searches and seizures
B)Fifth Amendment protection against self-incrimination
C)Sixth Amendment right to an attorney
D)Eighth Amendment protection against cruel and unusual punishment

Question 58

In Maryland v.Wilson, the Court held that police may not order passengers out of vehicles they stop.

Question 59

What is an exception to the Miranda requirement?

A)a routine traffic stop
B)a custodial interrogation of a DUI suspect
C)an interrogation following arrest for a state crime
D)an interrogation regarding a misdemeanor

Question 60

What is the number one cause of wrongful convictions?

A)police prejudice
B)judicial misconduct
C)faulty eyewitness identification
D)prosecutorial misconduct

Question 61

Explain how exigent circumstances alter routine police procedures.

Question 62

What are police officers authorized to do when they are lawfully within a residence and see drugs or other contraband in plain view?

Question 63

The Court has held that electronic eavesdropping (i.e., when an informant wears a "bug," or hidden microphone) violates the Fourth Amendment.

Question 64

The U.S.Supreme Court decision in Powell v.Alabama clarified an individual's right to an attorney in all felony and misdemeanor cases.

Question 65

Probable cause is based on what the officer knew at what point in time?

Question 66

Officers have greater discretion in searching vehicles because vehicles can be used to facilitate an escape or hide evidence.

Question 67

An exception to the Miranda requirement is the brief, routine traffic stop, but a custodial interrogation of a DUI (driving under the influence) suspect requires the Miranda warning.

Question 68

Describe the "knock and announce" rule and how it applies to the police.

Question 69

Katz v.United States (1967) held that any form of electronic surveillance, including wiretapping, is a search and violates a reasonable expectation of privacy.

Question 70

Describe one way in which Miranda rights have been eroded.

Question 71

Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

Question 72

Under what circumstances are police officers allowed to conduct pat-down searches of detained individuals?

Question 73

Officers do not need a warrant to seize contraband that is in plain view while the officer is lawfully inside the premises.

Question 74

Faulty eyewitness identifications are the leading cause of wrongful conviction.

Question 75

Police are authorized to lie to citizens and say they have a search warrant.

Question 76

Identify the five types of searches that may be conducted without a warrant.

Question 77

For defendants with resources, who represents them in court is a matter of their own choice.

Question 78

What does the exclusionary rule prohibit?

Question 79

The police are not required to read Miranda warnings verbatim.

Question 80

What was the essential ruling in Argersinger v.Hamlin (1973)?