Deck 9: Seizures of a Person and Identification Procedures

Question 1

"Impermissibly suggestive" means:

A)the police used suggestive procedures without justification.
B)there is a likelihood of misidentification.
C)the police engaged in misconduct.
D)the right to counsel was violated.

Answer 1

B

Question 2

An improper pretrial identification:

A)may bar reference to the pretrial identification but does not affect any in-court identification.
B)bars reference to the pretrial identification and all in-court identifications.
C)bars the prosecution from calling as a witness the person who made the improper identification.
D)bars an in-court identification if the in-court identification is a product of the improper pretrial identification.

Answer 2

D

Question 3

According to the Supreme Court, the Fourth Amendment:

A)governs only full arrests.
B)requires lesser proof for a stop than for an arrest.
C)treats stops and arrests equally.
D)has no application to temporary detentions.

Answer 3

B

Question 4

Because Smith looked "suspicious," a police officer approached Smith and stated: "Stop right there.I order you to produce identification." Smith ran away.Smith was:

A)seized when the officer ordered him to stop.
B)seized when the officer requested identification.
C)seized as soon as the officer approached.
D)not seized because he ran away.

Question 5

Voluntary street encounters between police and citizens:

A)are not covered by the Fourth Amendment.
B)are governed by the common law of arrests.
C)are strictly regulated by statute.
D)are strictly regulated by the Fourth Amendment.

Question 6

A temporary detention must be based upon a:

A)probable cause.
B)preponderance of evidence.
C)reasonable suspicion.
D)clear and convincing evidence.

Question 7

An unconstitutional arrest requires the court to:

A)dismiss all charges underlying the arrest.
B)find a lack of jurisdiction over the accused.
C)release the accused from all custody.
D)exclude the evidence obtained from the illegal arrest.

Question 8

A voluntary "street encounter" between police and citizens:

A)is not covered by the Fourth Amendment.
B)requires probable cause.
C)requires reasonable suspicion.
D)is a seizure of the person.

Question 9

Reasonable suspicion for a temporary detention:

A)requires specific facts.
B)may be mere intuition.
C)is a higher standard than probable cause.
D)is a discretionary decision for police officers.

Question 10

Which of the following is a basic question raised by stop and frisk?

A)The right to counsel when confronting the police
B)The need for speedy arrest
C)Balancing police safety against personal liberty
D)Balancing good and bad faith on the part of police

Question 11

When determining the reasonableness of a temporary detention, the courts consider:

A)the duration of the detention.
B)the intensity of the detention.
C)the location of the detention.
D)all of the above.

Question 12

A warrantless arrest in a suspect's dwelling:

A)requires only probable cause.
B)requires probable cause and exigent circumstances.
C)requires a threat to public safety.
D)is always unconstitutional.

Question 13

After judicial proceedings have commenced, the accused is entitled to counsel at which of the following?

A)Lineups, showups, and photographic displays
B)Lineups and showups
C)Only at a lineup
D)Only at a showup

Question 14

Which of the following constitutes a stop?

A)A police officer's approach to a citizen
B)A police officer's request for information
C)Both a and b
D)Neither a nor b

Question 15

The Fifth Amendment privilege against self-incrimination:

A)applies to showups but not lineups.
B)applies to blood tests.
C)applies to lineups but not fingerprinting.
D)applies only to testimonial evidence.

Question 16

The right to counsel at identifications:

A)may apply only to lineups and showups.
B)may apply only to photographic arrays.
C)may apply to any identification procedure.
D)rests with the judge's discretion.

Question 17

A warrantless arrest is constitutional if:

A)there is probable cause to believe a crime occurred, and the arrest takes place in public.
B)there is probable cause to believe a felony occurred.
C)there was an emergency situation.
D)there was a threat to public safety.

Question 18

Which constitutional provision is most relevant to identification procedures?

A)The Fourth Amendment.
B)The Fifth Amendment.
C)The Sixth Amendment.
D)The Eighth Amendment.

Question 19

The requirement that identifications not be impermissibly suggestive applies to:

A)lineups, but not showups.
B)showups, but not lineups.
C)all identification procedures.
D)all identification procedures prior to arrest.

Question 20

If the suspect refuses to cooperate in identification procedures:

A)no comment on the refusal may be made at trial.
B)police may use reasonable force to conduct the procedure.
C)courts may not threaten the suspect with contempt.
D)this creates a presumption of guilt.