Deck 8: Conducting Constitutional Seizures

Question 1

Which of the following is often used in place of "stop," primarily because they mean the same thing and both refer to a seizure that must be justified by reasonable suspicion?

A) confinement
B) obstruction
C) retention
D) detention

Answer 1

D

Question 2

Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of:

A) domestic assault.
B) reckless driving.
C) drug possession.
D) illegal immigrants.

Answer 2

A

Question 3

What was the significance of Adams v. Williams (1972) in regard to the Fourth Amendment?

A) The Court held that information from an informant, and not just personal observation by an officer, may establish the requisite suspicion to make a stop.
B) The Court held that the existence of a wanted poster provided sufficient reasonable suspicion for the police to stop a suspect.
C) The Court held that a person is not considered seized until he or she submits or is physically forced to submit.
D) The Court held that, as long as probable cause existed to believe a traffic violation occurred, stopping the motorist was reasonable.

Answer 3

A

Question 4

For an investigatory stop to be constitutional, the officer has to be able to explain, in detail, the specific nature of the suspicion, which is known as:

A) articulable reasonable suspicion.
B) coherent reasonable suspicion.
C) expressive reasonable suspicion.
D) rational reasonable suspicion.

Question 5

Officers must have a particularized and objective basis for suspecting a person of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the:

A) totality of the circumstances test.
B) articulable probable cause test.
C) presumptively reasonable standard.
D) objectively reasonable standard.

Question 6

In United States v. Sharpe, the Court ruled that a stop:

A) has no rigid time limit.
B) has a strict time limit.
C) can be no longer than 20 minutes.
D) can be longer than 75 minutes.

Question 7

When would a traffic stop require Miranda warnings?

A) An officer is asking for consent to search a vehicle.
B) An officer is going to arrest a driver.
C) Miranda warnings are not required for traffic stops.
D) A records check reveals an expired license.

Question 8

Searches at international borders:

A) must be based on reasonable suspicion.
B) must be based on probable cause.
C) may be conducted without probable cause or a warrant.
D) must be conducted randomly.

Question 9

A warrantless arrest that begins in a public place is valid:

A) only with good faith.
B) only with reasonable suspicion.
C) only if the officer witnesses the flight of the arrestee.
D) only if probable cause exists, even if the arrestee retreats to a private place.

Question 10

The police may not make a nonconsensual, warrantless arrest inside a person's home or arrest a guest within that home without:

A) reasonable suspicion.
B) information that meets the two-pronged test for reliability.
C) justification under the community caretaker exception.
D) exigent circumstances.

Question 11

Usually, officers cannot make a lawful arrest:

A) for any crime committed in their presence.
B) for any felony, if they have probable cause.
C) with an arrest warrant.
D) for a misdemeanor committed outside their presence.

Question 12

Police may use deadly force against fleeing felons only if:

A) the pursuit enters another jurisdiction.
B) the police fear the felon would otherwise escape.
C) the suspect presents an imminent danger to life.
D) state law requires it.

Question 13

In which case did the Supreme Court hold that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered a house and began to search for the man because "the Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others"?

A) Payton v. New York
B) Warden v. Hayden
C) United States v. Watson
D) Tennessee v. Garner

Question 14

In which of the following scenarios would an officer not be able to make a lawful, warrantless arrest?

A) An officer smells marijuana emanating from a vehicle that was just stopped.
B) An officer hears an assault taking place.
C) An officer witnesses a petty larceny.
D) An officer hears a kid talking about the headphones he shoplifted a week ago.

Question 15

Which of the following is not one of the five legitimate uses of force, often referred to as the "Rules of Engagement"?

A) to effectuate an arrest
B) to prevent escape
C) to overcome resistance
D) to overcome objections

Question 16

Roadblocks have been found to be constitutional if their purpose is to check for:

A) drugs.
B) drunk drivers.
C) illegal weapons.
D) criminal activity.

Question 17

In which case did the Supreme Court hold that "In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house…Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant"?

A) Payton v. New York
B) Illinois v. Wardlow
C) United States v. Watson
D) Kruse v. Pennsylvania

Question 18

Which of the following, by itself, can be used as reasonable suspicion to conduct a stop?

A) an anonymous tip
B) flight from police
C) general suspicion
D) the existence of a wanted poster

Question 19

Which test provides that a seizure involves not only a police intention to seize, it includes the objective aspect in which a reasonable person believes that they are not free to terminate the encounter and leave?

A) the Mendenhall test
B) the Brower test
C) the Brewer test
D) the seizure test

Question 20

A situation in which the police take someone in for questioning in a manner that makes it, in reality, an arrest, without the requisite probable cause, is called:

A) an augmented stop.
B) a seizure incident to arrest.
C) detention tantamount to arrest.
D) pre-arrest detention.

Question 21

The fleeing felon rule, which allowed police officers to shoot any felon attempting an escape, was invalidated by the Supreme Court's ruling in:

A) Dunaway v. New York (1979).
B) Brown v. Texas (1979).
C) Tennessee v. Garner (1985).
D) State v. MacKenzie (1965).

Question 22

Who does not have complete immunity from arrest?

A) families of foreign diplomats
B) servants of foreign diplomats
C) state legislators
D) foreign diplomats

Question 23

Many states have adopted the Uniform Act of Fresh Pursuit, which allows police officers of one state to enter another state in fresh pursuit of a suspect who has committed a felony in the officers' state.

Question 24

The Court has ruled that an officer can frisk a passenger of a car that has been lawfully stopped solely for a traffic violation, if the officer believes the passenger is armed or dangerous.

Question 25

Because a traffic stop is brief and occurs in public, it is not considered an arrest, thus Miranda warnings need not be given.

Question 26

Which of the following is not considered when determining if the length of an investigative stop was reasonable?

A) the purpose of the stop
B) whether force was used to stop and detain the suspect
C) the reasonableness of the time used to investigate
D) whether the reasonableness of the means applies to the investigation

Question 27

In Florida v. J.L. (2000), the Court held that an anonymous call telling police that a young Black male wearing certain clothing at a bus stop had a gun was enough to be considered reasonable suspicion.

Question 28

If police officers observe a crime being committed, they have the authority to arrest, without a warrant, the individuals involved in committing the crime.

Question 29

The decision in Terry v. Ohio permits officers to take all necessary measures to protect themselves, without turning a stop into an arrest.

Question 30

The Supreme Court has held that the government's compelling interest in protecting the nation's borders alone justifies stopping any vehicle or individual, but stops may not be done on the basis of ethnicity, religion, or the like.

Question 31

The Court has held that a state highway checkpoint, at which every vehicle is stopped and the driver's sobriety checked, violates the Fourth Amendment when no individualized suspicion exists.

Question 32

Law enforcement recognizes and accepts eight legitimate uses of force, often referred to as the "Rules of Engagement."

Question 33

The intensity and scope of a seizure can transform a stop into an arrest.

Question 34

Most state laws define an arrest, in general terms, as the taking of a person into custody, in the manner authorized by law, to present that person before a magistrate to answer for committing a crime.

Question 35

United States v. Santana (1976) established that a hot pursuit does not justify forcible entry into an offender's home without a warrant.

Question 36

United States v. Watson (1976) established that an arrest without a warrant, made in a public place, is invalid if the arresting officers had time to obtain an arrest warrant.

Question 37

The Supreme Court has ruled in past cases that, during a traffic stop, telling the driver to exit a stopped vehicle, having a canine "sniff" the exterior of a car for the presence of drugs, and asking a few off-topic questions are all reasonable actions and do not require additional reasonable suspicion to perform.

Question 38

The use of a Taser might be considered unreasonable, excessive force if the subject is:

A) verbally abusive.
B) an immediate threat.
C) a flight risk.
D) a dangerous felon.

Question 39

A study by Police One magazine found that the most commonly used less-than-lethal weapon is:

A) the baton.
B) pepper spray.
C) the Taser.
D) the bean bag round.

Question 40

Although the operation of a motor vehicle on public roads is considered a right, the driver and occupants are not protected by the Constitution.

Question 41

In the case of _________________, the Court held that information from an informant, and not just personal observation by an officer, may establish the requisite suspicion to make a stop.

Question 42

A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause is called _______________.

Question 43

The law of citizen's arrest is used by private security officers. Because of this law, the Fourth Amendment (or any other constitutional restraint) does not bind them.

Question 44

A stop is quite different from an arrest, but both are _______ regulated by the Fourth Amendment.

Question 45

The cases of Brower, Hodari, and Mendenhall set the number of elements for any seizure at __________.

Question 46

The case _____________________ established that police may not enter a private home to make a routine felony arrest unless exigent circumstances exist, such as a hot pursuit.

Question 47

While considered non-lethal force, the use of Tasers has resulted in about 17 deaths a year, according to statistics provided in the text.

Question 48

The only justification for the use of deadly force by an officer is in self-defense or in protecting the lives of others.

Question 49

Use-of-force situations are fluid, and the amount of force that is considered reasonable will likely change throughout an encounter.

Question 50

Police may not enter a private home without the appropriate warrant to make a routine felony arrest unless______________________________ exist.

Question 51

Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a  _______.

Question 52

The term "detention" is often used in place of the term "stop," but they are the same thing; they both refer to a seizure that must be justified by _______________________.

Question 53

The Supreme Court has recognized that routine border stops and searches may be carried out at a border and at its _______________; for example, an airport that receives nonstop flights from foreign countries.

Question 54

The length of an investigative detention should be measured in _________________.

Question 55

The term "__________________" explains the circumstances in which officers leave their jurisdiction and enter another to arrest a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines.

Question 56

Most state statutes do not specify whether a private person making an arrest can use force and call for assistance from others, as the police can.

Question 57

When a reasonable person believes he or she is not free to leave, a(n)______________________________ has occurred.

Question 58

The importance of the __________________ case lies in recognizing that different state courts have ruled differently on the way that they treat anonymous tips with respect to forming reasonable suspicion.

Question 59

A lawful arrest can be made by an officer for any crime committed in his or her presence, for any felony, if the officer has probable cause and a(n) ______________.

Question 60

In the case of ____________________, the Supreme Court allowed the border patrol to set up permanent checkpoints on public highways leading to or away from the Mexican border, ruling that these checkpoints are not a violation of the Fourth Amendment.

Question 61

Foreign diplomats (including ambassadors, ministers, their assistants, and attachés), their families, and their servants have complete ___________from arrest in the United States.

Question 62

Explain the community caretaking doctrine.

Question 63

The 1991 case involving the beating of ________________ by the LAPD brought the issue of police brutality and racism in Los Angeles to the forefront.

Question 64

List the elements of a seizure.

Question 65

Force used by an officer must be _______________ in order to fall under the Fourth Amendment's objective reasonableness test.

Question 66

Discuss the controversial topic of the use of force, and the landmark cases guiding officer behavior.

Question 67

During a _____________, in which an officer is immediately chasing an individual, the officer is allowed to forcibly enter constitutionally protected areas (such as a home) without a warrant.

Question 68

Describe the controversies over pedestrian stops.

Question 69

Explain the circumstances under which an arrest may be made.

Question 70

You are a senior police officer in the department, and you have been tasked by the chief of police to draft a policy on the way that police officers should deal with high-speed chases. There have been several complaints and newspaper articles about recent car chases that ended in the death or serious injury of the drivers. Additionally, some citizens are concerned that high-speed chases in residential neighborhoods are a danger to children and others. You know that many important arrests have been made as a result of such chases. Write a short policy on high-speed chases, explaining the guidelines for police officers, and justify your policy.

Question 71

How are citizen's arrests deciphered by the courts?

Question 72

Common law has held that anyone witnessing certain crimes may make a(n) _______ and then turn that individual over to authorities.

Question 73

You are a sheriff and have been receiving complaints about your deputies. It appears that half of the stops and arrests have been of African American youths, though this minority is only 10 percent of the population in your county. Citizens are charging your department with racism and racial profiling. You have every confidence that your deputies are acting with professionalism, but the mayor has asked that you write a justification for this disproportionate impact on minority groups in the area. What would you include in this note to the mayor?

Question 74

Explain the complicated task of defining whether a seizure is or is not an arrest.

Question 75

You are preparing to train new police officers on the use of force. Using the Graham factors, explain how a court will look at the reasonableness of force used by a police officer. Also provide an example to your class of a failure to meet the standard.