Deck 8: Police and Constitutional Law.

Question 1

When an urgent situation of significant social importance outweighs the necessity of respecting individuals' rights,this is referred to as the _______ exception.

A) ​plain view
B) ​public safety
C) ​exigent circumstances
D) ​stop-and-frisk

Answer 1

B

Question 2

In what case did the U.S.Supreme Court decide that the plain view doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be?

A) ​Coolidge v. New Hampshire (1971)
B) ​Hester v. U.S. (1924)
C) ​Minnesota v. Dickerson (1993)
D) ​Gideon v. Wainwright (1963)

Answer 2

A

Question 3

What is the purpose of allowing searches incident to lawful arrests?

A) ​To ensure the safety of officers
B) ​To make sure the arrestee does not flee
C) ​To ensure the arrestee shows the proper respect to the police
D) ​To make sure the arrest proceeds smoothly

Answer 3

A

Question 4

The U.S.Supreme Court established that criminal defendants must be read their rights in

A) ​Mapp v. Ohio (1961).
B) ​Terry v. Ohio (1968).
C) ​Chimel v. California (1969).
D) ​Miranda v. Arizona (1966).

Question 5

Which of the following is not part of the Miranda warnings?

A) ​The right to an attorney during interrogation
B) ​The right to remain silent
C) ​The notice that any statement that you decide to make can be used against you in court
D) ​The right to a speedy trial

Question 6

Which two decisions by the U.S.Supreme Court laid the foundation for Miranda v.Arizona (1966)?

A) ​Escobedo v. Illinois (1964) and Massiah v. U. S. (1964)
B) ​Mapp v. Ohio (1961) and Gideon v. Wainwright (1963)
C) ​Wolf v. Colorado (1949) and Mapp v. Ohio (1961)
D) ​Wolf v. Colorado (1949) and Rochin v. California (1952)

Question 7

Miranda rights are drawn from the

A) ​Fourth and Fifth Amendments.
B) ​Fifth and Sixth Amendments.
C) ​Seventh and Eighth Amendments.
D) ​Eighth and Ninth Amendments.

Question 8

According to U.S.v.Drayton (2002),police officers

A) ​must notify citizens that they have the right to say "no" to a search.
B) ​must notify citizens of their right against self-incrimination.
C) ​must notify citizens of their right to an attorney.
D) ​are not obligated to notify citizens that they have a right to say "no" to a search.

Question 9

Which of the following is contained in the Fifth Amendment?

A) ​Right to counsel
B) ​Right to remain silent
C) ​Free speech clause
D) ​Warrant clause

Question 10

Which doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be?

A) ​Plain view doctrine
B) ​Public safety doctrine
C) ​Exigent circumstances doctrine
D) ​Stop and frisk doctrine

Question 11

Senses that can be used to justify a warrantless search include which of the following?

A) ​Touch
B) ​Sound
C) ​Sight
D) ​All of the above

Question 12

Miranda warnings involve which of the following?

A) ​Right to an attorney
B) ​Right to remain silent
C) ​Statements made can be used against a suspect
D) ​All of the above

Question 13

The U.S.Supreme Court ruled that statements produced after police assaulted suspects were inadmissible in

A) ​Myers v. U.S. (1923).
B) ​West Coast Hotel v. Parrish (1935).
C) ​Chimel v. California (1969).
D) ​Brown v. Mississippi (1936).

Question 14

Which of the following is not true concerning search warrants?

A) ​Police officers must provide reliable information when obtaining a search warrant.
B) ​Police officers must identify the "things" to be searched.
C) ​Police officers are allowed to conduct warrantless searches under certain circumstances.
D) ​Police officers do need a search warrant, even if a person waives his or her Fourth Amendment rights.

Question 15

A brief interference with a person's freedom of movement with a duration that can be measured in minutes is called a(n)

A) ​search.
B) ​stop.
C) ​arrest.
D) ​interrogation.

Question 16

A significant deprivation of liberty because a person is taken into police custody,transported to the police station or jail,and processed into the criminal justice system is called a(n)

A) ​search.
B) ​stop.
C) ​arrest.
D) ​interrogation.

Question 17

In what circumstance is the totality of circumstances used?

A) ​To determine whether an offender is guilty
B) ​To determine whether to indict a suspect
C) ​To determine whether probable cause exists
D) ​To determine whether police acted appropriately

Question 18

Which of the following is contained in the Fourth Amendment?

A) ​Right to bear arms
B) ​Privilege against self-incrimination
C) ​Right to an attorney
D) ​Warrant clause

Question 19

The U.S.Supreme Court developed the stop-and-frisk exception,whereby a police officer could pat down a suspicious person without a warrant,in the landmark case of

A) ​Mapp v. Ohio (1961).
B) ​Terry v. Ohio (1968).
C) ​Chimel v. California (1969).
D) ​Miranda v. Arizona (1966).

Question 20

Who wrote the U.S.Supreme Court's opinion in Miranda v.Arizona (1966)?

A) ​Hugo Black
B) ​William Brennan
C) ​Earl Warren
D) ​Thurgood Marshall

Question 21

The U.S.Supreme Court created the exclusionary rule in the case of

A) ​Mapp v. Ohio (1961).
B) ​Miranda v. Arizona (1966).
C) ​Minnesota v. Dickerson (1993).
D) ​Weeks v. U.S.(1914).

Question 22

How did the U.S.Supreme Court rule in the recent Arizona v.Gant case on searches?

A) ​It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search.
B) ​It reversed the ruling of the Arizona Supreme Court and upheld the search by officers as reasonable.
C) ​It did not rule on the issue, but remanded the case back the Arizona State Supreme Court.
D) ​It upheld the ruling of the Arizona Supreme Court that the search was a reasonable search.

Question 23

Criminal defendants' rights are found in the ____________________.

Question 24

Police officers must establish ____________________ to obtain a warrant.

Question 25

____________________ are actions by law enforcement officials that intrude upon people's reasonable expectations of privacy.

Question 26

The U.S.Supreme Court ruled that officers are permitted to intrude on private lands that are open areas in the case of ____________________.

Question 27

Based on the ruling set forth in Berghuis v.Thompson,what must a suspect do to end questioning?

A) ​Immediately remain silent.
B) ​Immediately that state he or she is asserting the right to remain silent.
C) ​Answer some questions and not others.
D) ​Request additional time to respond at a later point.

Question 28

The stop-and-frisk exception is considered a(n)____________________ search.

Question 29

Which of the following does not allow the use of the exclusionary rule?

A) ​Murder trial
B) ​Federal court
C) ​State court with no appellate system
D) ​Grand jury proceeding

Question 30

In what case did the U.S.Supreme Court concluded that a suspect being questioned cannot assert his or her right to remain silent by remaining silent in the face of continued questioning by the officer?

A) ​Roper v. Simmons
B) ​Berghuis v. Thompson
C) ​Florida v. Powell
D) ​New York v. Quarles

Question 31

The U.S.Supreme Court created the inevitable discovery exception to the exclusionary rule in the case of

A) ​Nix v. Williams (1980).
B) ​West Coast Hotel v. Parrish (1935).
C) ​Weeks v. U.S. (1914).
D) ​Brown v. Mississippi (1936).

Question 32

Many police actions fall under which amendment?

A) ​Fourth
B) ​Eighth
C) ​First
D) ​Third

Question 33

The U.S.Supreme Court recently repeated its endorsement of the Miranda requirements in

A) ​Kyllo v. U.S. (2001).
B) ​Maryland v. Wilson (1997).
C) ​Dickerson v. U.S. (2000).
D) ​Romer v. Evans (1995).

Question 34

Which chief justice of the U.S.Supreme Court began to create exceptions to the exclusionary rule?

A) ​Earl Warren
B) ​Warren Burger
C) ​Harlan Stone
D) ​William Howard Taft

Question 35

The ____________________ permits officers to notice and use as evidence items that are visible to them.

Question 36

Which of the following statements is true concerning the U.S.Supreme Court's treatment of the exclusionary rule in the 1980s?

A) ​The Court expanded the rule to protect criminal defendants.
B) ​The Court abolished the rule.
C) ​The Court created exceptions to limit the applicability of the rule.
D) ​The Court did not change the rule in terms of its application.

Question 37

The U.S.Supreme Court created the good faith exception in the case of

A) ​Nix v. Williams (1980).
B) ​Hester v. U.S. (1924).
C) ​Texas v. Johnson (1989).
D) ​U.S. v. Leon (1984).

Question 38

The search and seizure clause is found in the ____________________ Amendment.

Question 39

The ____________________ gives property owners no reasonable expectation of privacy in fields on and around their property.

Question 40

The U.S.Supreme Court applied the Fourth Amendment to the states in

A) ​Mapp v. Ohio (1961).
B) ​Terry v. Ohio (1968).
C) ​Chimel v. California (1969).
D) ​Wolf v. Colorado (1949).

Question 41

If a person is growing marijuana in plain sight,a police officer does not need a warrant to search and seize the evidence.

Question 42

If citizens are not free to leave when officers assert their authority to stop someone,this is considered ____________________.

Question 43

Police officers can conduct a warrant search without probable cause.

Question 44

Miranda warnings have had serious implications for law enforcement and the techniques used for interrogation.

Question 45

In a pat-down by an officer,items that are identifiable by touch cannot be seized as evidence.

Question 46

When improperly obtained evidence is used because it would later have been discovered anyway,even without improper actions by the police,this is called the ____________________.

Question 47

Police cannot rely on smell as a sense in conducting a warrantless search.

Question 48

Police officers cannot stop and frisk suspects even if they have reasonable suspicion.

Question 49

Chief Justice ____________________ established the Miranda warnings.

Question 50

The Fourth Amendment contains the unreasonable search and seizure clause.

Question 51

Consent searches are unconstitutional under the Fourth Amendment.

Question 52

____________________ means that the officers acted with the honest belief that they were following the proper rules and therefore are not subject to the exclusionary rule.

Question 53

The U.S.Supreme Court created the stop-and-frisk exception in ____________________.

Question 54

If a person is placed under arrest,then the individual forfeits his or her Fourth Amendment rights.This is called ____________________.

Question 55

Police officers can rely on a variety of senses to justify a warrantless search.

Question 56

Police officers need to obtain a warrant before searching the trunk of a car.

Question 57

Police officers must provide Miranda warnings if they approach someone on the street and begin questioning.

Question 58

If a person waives his or her Fourth Amendment rights,this is referred to as a(n)____________________ search.

Question 59

The totality of circumstances test is used to determine if sufficient evidence exists for a search warrant.

Question 60

The Fourth Amendment requires that probable cause be established before a warrant is provided.

Question 61

Miranda warnings were established by the U.S.Supreme Court in Weeks v.U.S.(1914).

Question 62

Terry v.Ohio permitted officers the ability to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity,which is referred to as a ________ search.

A) ​stop-and-frisk
B) ​stop-and-pat down
C) ​stop-and-seize
D) ​stop-and-interrogate

Question 63

The Warren Court established that the exclusionary rule applied to the states.

Question 64

Chief Justice Earl Warren established a strict code of conduct for police officers in the way that police handled criminal defendants.

Question 65

Which of the following is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer?

A) ​Behavioral analysis
B) ​Observational techniques
C) ​Native language
D) ​K-9 Unit

Question 66

Police rarely use deception when interrogating a suspect.

Question 67

Miranda warnings must be issued in written form and signed or initialed by the suspect.

Question 68

Even if a police officer is acting in the interests of public safety,he or she must obtain a warrant before searching an area.

Question 69

The exclusionary rule increases the legal protection for criminal defendants.

Question 70

In Nix v.Williams (1984),the U.S.Supreme Court established the inevitable discovery exception to the exclusionary rule.

Question 71

If a police officer is acting in good faith,then he or she may use evidence obtained through the use of a defective search warrant.

Question 72

In your opinion,do the constitutional rights of citizens "tie the hands" of the police to a significant degree? Explain your answer.

Question 73

Can you think of any instances (not including those discussed in the text)in which officers should not need a warrant to search?

Question 74

Officers can make an arrest without a warrant when there are ____________.This means that officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to court to seek a warrant.

Question 75

Miranda warnings must be read to a suspect when he or she is taken into custody.

Question 76

Miranda warnings involve the right to counsel and the right to remain silent.

Question 77

According to the ___________ doctrine,officers are permitted to search and to seize evidence,without a warrant,on private property beyond the area immediately surrounding the house.

A) ​plain view
B) ​plain feel
C) ​open fields
D) ​seizure

Question 78

The Fourth Amendment means nothing without the exclusionary rule.

Question 79

How has the increased focus on homeland security and terrorism affected current constitutional rights of citizens? Do you think our current constitutional guarantees should be revisited given the need to focus on terrorism?

Question 80

Compare and contrast the plain view doctrine and the open fields doctrine.What is the key difference between them?