Deck 6: Police and the Constitution the Rule of Law Enforcement

Question 1

The drafters of the Bill of Rights specifically wanted law enforcement officers to have the freedom to make general, exploratory searches through a person's belongings.

Answer 1

False

Question 2

In order to understand the rules for policing established by the U.S. Constitution and reaffirmed by the Supreme Court in Florida v. Jardines , which of the following amendments must law enforcement officers understand?

A) The Sixth Amendment
B) The Eight Amendment
C) The Fourth Amendment
D) The Fifth Amendment

Answer 2

C

Question 3

Despite the Katz ruling, taking steps to protect one's privacy is not enough to protect against law enforcement intrusion.

Answer 3

True

Question 4

Which of the following is a critical legal concept pertaining to the Fourth Amendment?

A) The inevitable discovery exception
B) The requirement of a warrant for consent searches
C) The good faith exception
D) The requirement of probable cause to issue a warrant

Question 5

According to American case law, searches in public places are more likely to be found reasonable than searches of the home.

Question 6

Which of the following is a limitation of probable cause?

A) It prohibits the use of illegally seized evidence.
B) It requires more than mere suspicion on a police officer's part.
C) It prohibits the use of an affidavit before seeking a search warrant.
D) It requires police officers to obtain a warrant for consent searches.

Question 7

Thermal imagers are devices that are particularly effective in detecting marijuana plants grown indoors because of the heat thrown off by the "grow lights" that the plants need to survive.

Question 8

A stop is followed by a frisk simply to try to find items besides weapons, such as illegal narcotics, on a suspect.

Question 9

Seth is a law enforcement officer who has been trying to establish probable cause in the case of a person he suspects to be guilty of money laundering. Since mere suspicion is regarded unreasonable unless supported by probable cause, Seth has been referring to eyewitnesses and official sources. Which of the following sources is Seth using to establish probable cause?

A) Information
B) Personal observation
C) Evidence
D) Association

Question 10

Drake is a police officer. He has been monitoring James, a suspected drug dealer. Drake is aware of the Fourth Amendment's prohibition. Therefore, even though he knew he would find evidence on searching James's house, he decides to apprehend James in a public place while indulging in the illegal act. In this case, Drake's decision is an example of _____.

A) demonstration of reasonableness
B) application of "good-faith" exception
C) use of "inevitable discovery" exception
D) exercise of his Miranda rights

Question 11

As a general rule, officers cannot make a warrantless arrest for a crime they did not see even if they have probable cause to believe that a felony has been committed.

Question 12

In the Jardines case, the Supreme Court accepted the argument that the search had been reasonable under the Fourth Amendment's rules regarding searches and seizures.

Question 13

Which of the following is true about the Supreme Court ruling in Florida v. Jardines ?

A) The Court ruled that the Miami narcotics officers had overstepped the boundaries of their authority.
B) The Supreme Court held that the judicial determination of probable cause must be made within forty-eight hours after the arrest.
C) The Court did not believe that the suspect had a reasonable expectation of privacy when it came to his garbage bags.
D) The Supreme Court held that the Fourth Amendment protects people, not places.

Question 14

If a police officer spots a person with a known criminal background dining at a restaurant in an area where criminal activity is known to take place, the officer has probable cause to arrest that person.

Question 15

One of the implications of the exclusionary rule is that it forces police to gather evidence properly.

Question 16

Among the sources that can establish probable cause, _____ is known to be inadequate.

A) evidence in plain view
B) information
C) association
D) personal observation

Question 17

In 2009, the Supreme Court extended the stop-and frisk authority by ruling that a police officer can order a passenger in a car that has been pulled over for a traffic violation to submit to a pat-down.

Question 18

Warrantless searches and seizures can be lawful when police are in "hot pursuit" of a subject.

Question 19

Which of the following must be of priority to police officer's conducting searches and seizures?

A) Being reasonable
B) Detaining a dubious individual
C) Raiding a person's house
D) Carrying an arrest warrant

Question 20

In California v. Greenwood (1988), the Supreme Court believed that the suspect had a reasonable expectation of privacy when it came to his garbage bags.

Question 21

According to justices hearing the case of discovery of 128 pounds of marijuana in a Minivan in Arizona in 2002, which of the following police duties is part of the totality of the circumstances?

A) The need to electronically monitor specific dwellings
B) The need to exclude the elderly from routine stops
C) The need to prevent terrorist attacks
D) The need to give privacy to individuals at work

Question 22

Justin, a cop, stops a man who was speeding on the freeway. As Justin approached the vehicle, he could see a vial of marijuana kept on the passenger seat. Justin asked the man to step out and seized the drugs from his car. Justin did not possess a warrant, but his seizing is justified under the _____.

A) automobile exception
B) exclusionary rule
C) good faith exception
D) plain view doctrine

Question 23

Following the Terry case, which of the following standards is used by the Supreme Court to determine whether a stop is based on reasonable suspicion?

A) The totality of circumstances test
B) The inevitable discovery exception
C) Custodial interrogation
D) The good faith exception

Question 24

In case of electronic surveillance, which of the following is NOT essential for a warrant to be valid?

A) Name of the suspects and the places that will be under surveillance
B) Detailing with "particularity" the conversations that are to be overheard
C) Commission of an offence in the presence of an officer
D) Probable cause to believe that a specific crime has been or will be committed

Question 25

Brian, a police officer, acquired a search warrant for a man named Jacob and later found drugs on him. However, it was later known that the warrant was for another man with the same name. A computer error had caused the mix up and Brian had been unaware of it. According to the good faith exception, which of the following is likely to have happened?

A) Jacob was used as an informant in an ongoing drug trafficking investigation.
B) Brian was given administrative leave pending investigation.
C) Jacob was released because the warrant was not issued in his name.
D) The evidence was admissible as Brian was unaware of the error.

Question 26

In which of the following situations can law enforcement officers use electronic surveillance?

A) If the police officers could not acquire consent of any of the parties
B) If the parties to be monitored are suspected of drug dealing
C) If a warrant has not been issued by a judge or magistrate
D) If consent is given by one of the parties to be monitored

Question 27

Which of the following is a relevant factor in determining whether consent is voluntary?

A) The immediate recognition of the illegal nature of an item
B) The length of the questioning and its location
C) The particularity of the conversations that are overheard
D) The type of offense committed in the presence of an officer

Question 28

The _____ Amendment is used for regulating the activity of law enforcement officers as the language of the Constitution does not expressly do so.

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

Question 29

In which of the following situations does the Fourth Amendment protect privacy?

A) When an officer uses a thermal imager to view items in a dwelling
B) When an individual is at a railway station with his luggage
C) When an individual discards certain goods by leaving it in a public place
D) When the case is regarding the protection of a place or property

Question 30

In the context of searches incidental to arrests, which of the following is a police officer authorized to search without a warrant or additional probable cause?

A) A passenger traveling with an unknown person who is a suspect
B) A group of individuals working at a suspect's workplace in his or her absence
C) A suspect's vehicle that is parked inside another person's house
D) An area within a suspect's immediate control

Question 31

Before going to a judge to ask for a search warrant, law enforcement officers must prepare a(n) _____ in which they provide specific, written information on the property that they wish to search and seize.

A) deposition
B) affidavit
C) injunction
D) apostille

Question 32

In which of the following cases was a reasonable expectation of privacy established?

A) United States v. Robinson (1973)
B) Chimel v. California (1969)
C) Katz v. United States (1967)
D) Carroll v. United States (1925)

Question 33

In which of the following cases was the plain view doctrine first enunciated by the Supreme Court?

A) Burger v. New York (1967)
B) Terry v. Ohio (1968)
C) Coolidge v. New Hampshire (1971)
D) Wilson v. Arkansas (1995)

Question 34

The precedent for the ever-elusive definition of a reasonable suspicion in stop-and-frisk situations was established in _____.

A) Davis v. United States (1994)
B) Maryland v. Wilson (1997)
C) Miranda v. Arizona (1966)
D) Terry v. Ohio (1968)

Question 35

In which of the following circumstances is a search warrant not required?

A) Consent searches
B) Reasonable suspicion
C) Seizures
D) Probable cause

Question 36

Simon, a detective who specializes in homicide, seized a knife from a crime scene, which he suspected was the weapon used to murder the victim. He submitted the evidence in court so that the defendant would be convicted in a criminal trial. However, Simon obtained the evidence by an unreasonable search conducted at the defendant's house. The evidence, therefore, was not accepted in court although it was highly incriminating. In this case, the court is adhering to the _____.

A) inevitable discovery exception
B) exclusionary rule
C) good faith exception
D) plain view doctrine

Question 37

Which of the following is required from a law enforcement officer in order to acquire a search warrant?

A) The officer must have information showing probable cause that a crime has been or will be committed.
B) The officer must arrest a suspect before acquiring a search warrant.
C) The officer must gather information that shows the age, intelligence, and physical condition of the suspect.
D) The officer must have first sought consent from the individual whom he intends to search.

Question 38

Which of the following is a component of the two-pronged test set by Justice John Harlan, Jr., for a person's expectation of privacy?

A) An individual must prove that she or he expected privacy.
B) Society may not recognize an expectation as reasonable.
C) An individual may not seek privacy in a public place.
D) Privacy rights are likely to vary from state to state.

Question 39

According to the Fourth Amendment, which of the following is required of search warrants?

A) A search warrant must be transferable among bordering states if a suspected criminal is out of jurisdiction.
B) A search warrant must be used for searches and seizures within five days of issuing.
C) A search warrant must describe with particularity the place to be searched and the things to be seized.
D) A search warrant must be signed by a division chief and a commander after being issued by a magistrate.

Question 40

Which of the following is established by the Fourth Amendment with regard to searches of automobiles?

A) Officers must obtain the consent of a driver before searching his or her vehicle even if they have obtained a warrant for the search.
B) Officers do not require a warrant to search an automobile if they have probable cause to believe that a vehicle contains contraband.
C) Individuals caught for speeding will have to submit their vehicles for inspection.
D) Automobiles that are impounded can be searched without a warrant even after they are released.

Question 41

In which of the following conditions do Miranda requirements apply?

A) When a suspect is in forceful detention or deprived of her or his freedom in a significant manner
B) When the police have not focused on a suspect and are questioning witnesses at the scene of a crime
C) When a person volunteers information before the police have asked a question
D) When a person has been stopped and frisked without being arrested

Question 42

In _____, the Supreme Court held that when exigent circumstances do not exist and the suspect does not give consent to enter a dwelling, law enforcement officers cannot force themselves in for the purpose of making a warrantless arrest.

A) Miranda v. Arizona (1966)
B) Davis v. United States (1994)
C) Berghuis v. Thompkins (2010)
D) Payton v. New York (1980)

Question 43

Which of the following methods of police interrogation resembles a journalistic interview rather than psychological combat?

A) The PEACE method
B) The Reid Technique
C) Walling method
D) Sensory deprivation technique

Question 44

Which of the following elements must be present for an arrest to take place?

A) The intent to arrest
B) A suspicious individual
C) A previous arrest
D) A consenting party

Question 45

In which of the following cases was the conviction of a defendant who claimed to have invoked his Miranda rights by being mostly silent during questioning upheld by the Court?

A) Berghuis v. Thompkins (2010)
B) Florida v. Jardines (2013)
C) Riverside v. McLaughlin (1991)
D) Brewer v. Williams (1977)

Question 46

Benjamin, a law enforcement officer, works at an airport. He and a few fellow officers stopped a man at the immigration counter as his luggage looked suspicious. Which of the following does Benjamin have the right to do until further investigation?

A) Benjamin can ask the man to identify himself.
B) Benjamin can obtain an arrest warrant in the interim.
C) Benjamin can frisk the man even if he seems harmless.
D) Benjamin can escort the man to a police station for custodial interrogation.

Question 47

Michelle, a crime investigation officer, has been working on a homicide case for over a year. She has taken in a suspect for interrogation and knows that the suspect has connections with the murder. Since the case is complicated, her only hope is if the suspect confesses. However, The Fifth Amendment guarantees protection against self-incrimination. In this case, which of the following can Michelle use to obtain a confession?

A) She can use physical or psychological duress.
B) She can produce false documents in good faith.
C) She can hold the suspect's relatives in custody.
D) She can use a confidential informant to threaten the suspect.

Question 48

Which of the following was ruled by the Supreme Court as a result of the Miranda case?

A) Self-incrimination is permitted in good faith.
B) Suspects can be seated in interrogation rooms for a few hours before questioning.
C) Every suspect needs protection from coercion.
D) Confessions are invalid if the suspect is aware of the Miranda warning.

Question 49

Which of the following is the recommended waiting period for police officers to enter a dwelling after knocking and announcing?

A) Three to five seconds
B) Fifteen to twenty seconds
C) Thirty to forty seconds
D) Fifty to sixty seconds

Question 50

According to Professor H. Richard Uviller, which of the following provides the basis for the concept of Miranda rights?

A) Inherent coercion
B) Defamation
C) Absolution
D) Propaganda

Question 51

In which of the following cases can a police officer frisk?

A) When an individual is found trespassing private property
B) When an individual is stopped by an officer at a public place
C) When an individual is suspected to be carrying drugs by a cop
D) When an individual's safety is justifiably endangered by a suspect

Question 52

Which of the following is most strongly affected by the Miranda warning?

A) The seizure
B) The custodial interrogation
C) The affidavit
D) The search warrant

Question 53

Who among the following has the authority to issue an arrest warrant?

A) A magistrate
B) A division chief
C) A commander
D) A sergeant

Question 54

In the case of _____, the crime must have been committed in the presence of the officer for a warrantless arrest to be valid.

A) misdemeanors
B) arson
C) embezzlement
D) larceny

Question 55

Which of the following is a difference between a stop and an arrest?

A) A stop involves existence of a probable cause, whereas an arrest involves reasonable suspicion.
B) An arrest is the act of apprehending a suspect for the purpose of detaining him, whereas a stop is a relatively brief intrusion on a citizen's rights.
C) A stop requires a warrant, whereas an arrest can always be made without a warrant.
D) An officer intends to investigate suspicious activity during an arrest, whereas he or a she intends to make a formal charge during a stop.

Question 56

Brent, a police officer, has taken a suspect for interrogation after giving him the Miranda warning. The suspect refuses to answer any questions. In this case, which of the following should Brent do?

A) Brent should release the suspect until an attorney arrives.
B) Brent should immediately stop questioning the suspect.
C) Brent should use third degree treatment on the suspect.
D) Brent should force him to confess.

Question 57

In which of the following cases can a law enforcement officer NOT make a warrantless arrest?

A) When the officer has probable cause to believe that the suspect has committed a particular crime
B) When the offense is committed in the presence of the officer
C) When the time lost in obtaining a warrant would allow the suspect to escape or destroy evidence, and the officer has probable cause to make an arrest
D) When a person volunteers information before the police have asked a question

Question 58

Which of the following best describes the internalized type of false confession?

A) A suspect is seeking attention, or is delusional and thinks he or she did commit the crime.
B) A suspect is vaguely associated to a crime and decides to take complete responsibility.
C) A suspect is a vulnerable person who comes to believe that he or she committed the crime.
D) A suspect knows he or she is innocent, but decides that it is in his or her best interests to confess to a crime.

Question 59

_____ is a necessary part of an arrest where an individual submits to the control of an officer either peacefully or under the threat or use of force.

A) Acquittal
B) Incrimination
C) Entrapment
D) Detention

Question 60

Jason, a detective, obtains an arrest warrant for Warren. He goes to Warren's house to take him into custody. Jason knocks at the door and announces his arrival several times before gun shots are heard inside the house. Jason breaks in and finds Warren trying to escape. Jason's breaking in was admissible under _____.

A) the exclusionary rule
B) the inevitable discovery exception
C) exigent circumstances
D) the plain view doctrine

Question 61

Explain the exclusionary rule and the fruit of the poisoned tree. How does this rule impact police officers' investigations?

Question 62

A(n) _________ test is used to determine whether a stop is based on reasonable suspicion.
A. personal observation
B. association
C. totality of the circumstances
D. coercion ​

Question 63

The Constitution, as interpreted by U.S. courts, provides very little protection to evidence _________.
A. possessed by an individual
B. which is fruit of poisoned tree
C. in plain view
D. obtained illegally ​

Question 64

Explain the elements of an arrest according to Professor Rolando V. del Carmen.

Question 65

_________ are situations where a police officer has a reasonable belief that a felony is being committed at the time of entering a dwelling and announcement of arrival becomes unnecessary.
a. Exigent circumstances
b. Emergent circumstances
c. Total circumstances
d. Inevitable circumstances ​

Question 66

According to the Fourth Amendment's rules regarding the searching of a cell phone's contents, Chief Justice John G. Roberts opined that the police will need to get a(n) _________ before engaging in such searches, or they will need the consent of the cell phone owner.
A. injunction
B. sentence
C. warrant
D. adjudication ​

Question 67

The _________ starts with a long series of open-ended questions to gather evidence and information. Then, the suspect is requestioned several times to determine whether there are any obvious discrepancies in his or her story.
A. PEACE method
B. Reid Technique
C. third-degree treatment
D. water cure technique ​

Question 68

Describe the Reid technique and explain the three general types of false confessions suggested by Professor Saul Kassin.

Question 69

Devices that allow law enforcement agencies to expand their capabilities without a significant increase in personnel are known as _________.
A. task forces
B. force multipliers
C. rapid action forces
D. enforcers ​

Question 70

One of the critical legal concepts of the Fourth Amendment is the prohibition against _________.
A. unreasonable searches and seizures
B. establishing probable cause
C. the inevitable discovery exception
D. warrantless searches ​

Question 71

Describe the use of force multipliers in electronic surveillance.

Question 72

What is a Miranda warning? List situations in which a Miranda warning is not required.