Deck 7: Arrests, Searches Incident to Arrest, and Protective Sweeps

Question 1

For a search incident arrest to be constitutionally valid, the search must be contemporaneous to the arrest. What does this mean?

A) the search must be conducted at the exact time that the arrest occurs.
B) the search is conducted at the same time, or shortly thereafter, the point at which probable cause to arrest develops.
C) the search is conducted at the same time, or shortly thereafter, the point at which reasonable suspicion to arrest develops.
D) the search must be conducted at the exact time and location that the arrest occurs.

Answer 1

B

Question 2

What is the most significant personal advantage an officer has when making an arrest with a valid warrant over making that arrest without one?

A) not being civilly liable for false arrest if the arrest was in fact unjustified.
B) not being responsible for the degree of force used to make the arrest.
C) not being likely to arrest the wrong person.
D) being able to arrest outside his or her venue.

Answer 2

A

Question 3

Which of the following are needed for an officer to make a warrantless arrest for a misdemeanor?

A) a warrant.
B) the offense must be committed in the officer's presence.
C) the offense must in fact have been committed and involve a breach of the peace.
D) the officer need only probable cause that the offense was committed.

Answer 3

B

Question 4

A person is "picked up for questioning" by the police and taken to the police station interrogation room where (s)he is given Miranda warnings and questioned. (S)he was never told "You're under arrest". Which of the following occurred?

A) a formal arrest.
B) a seizure tantamount to arrest.
C) a Terry stop.
D) an investigative stop.

Question 5

Select the statement that reflects the Court's ruling in Chimel v. California.

A) an officer may search the person arrested and the area into which he could reach for a weapon without additional justification.
B) an officer needs additional articulable suspicion that the arrestee is armed in order to search the arrestee for weapons.
C) an officer needs additional reasonable suspicion to search the area into which an arrestee could reach for a weapon.
D) an officer may without additional justification search the person arrested, but a search of any other area requires additional justification.

Question 6

What basic element distinguishes formal arrest from seizure tantamount to arrest?

A) Officer's intent
B) Suspect's belief
C) Miranda
D) Custody

Question 7

A formal arrest occurs when a person is _____.

A) detained, however briefly, for any reason
B) taken into custody to answer for a criminal charge
C) stopped and frisked
D) booked

Question 8

A police officer informs a citizen that the officer has enough evidence to arrest. The officer asks the suspect to "turn around so I can handcuff you - you are under arrest." At this point, the suspect runs from the officer. Select the statement that most accurately describes the scenario at the point that the suspect fled.

A) the suspect was formally under arrest.
B) the suspect had been detained in a way that was tantamount to an arrest.
C) the suspect was not formally under arrest.
D) the suspect could be charged with the crime of assaulting an officer.

Question 9

Modern definitions of the crime of resisting arrest usually requires which of the following?

A) shooting, striking, pushing, or some other form of active opposition.
B) only lack of cooperation by the suspect.
C) a substantial risk to the safety of someone other than the arresting officer.
D) testimony of at least one non law enforcement witness.

Question 10

Select the true statement about limited searches incident to detention.

A) they constitute a seizure under the 4th Amendment and are permissible when the seizure is temporary, the resulting search was limited, the evidence obtained was destructible, and the police had probable cause to arrest.
B) they do not constitute a seizure, but nonetheless are constitutionally permissible.
C) they constitute a seizure and are always constitutionally permissible.
D) they are never constitutionally permissible.

Question 11

In Tennessee v. Garner (1985), the Supreme Court decided that the common law fleeing felon rule violated which Amendment?

A) First Amendment.
B) Fourth Amendment.
C) Fifth Amendment.
D) Eighth Amendment.

Question 12

In which of the following circumstance, may a private citizen arrest a person for misdemeanors?

A) if the citizen has probable cause to believe the person committed the misdemeanor.
B) if the citizen observed the person commit the offense.
C) if the citizen observed the person commit the offense and it was a breach of the peace.
D) only if directed by a police officer.

Question 13

He modern fresh pursuit doctrine allows an officer to pursue and arrest outside his jurisdiction for which of the following? Select the most accurate option.

A) all offenses, felonies, misdemeanors and violations.
B) felonies.
C) felonies and misdemeanors.
D) felonies and breaches of the peace.

Question 14

Which of the following would constitute a seizure tantamount to arrest?

A) when a person is detained, however briefly, for any reason.
B) when a person is asked to appear at the station for questioning.
C) when a person is under the impression that they are under arrest.
D) when a person is involuntarily taken to the police station for questioning.

Question 15

Officers enter the home of a man and place him under arrest. The man was located and arrested in his living room area. Law enforcement officers then conducted a protective sweep of all of the upstairs area, basement, and garage areas to ensure no one else was in the home that could harm the officers. Which statement accurately describes the potential justification argument for the sweep?

A) This full protective sweep is justified absent either probable cause or reasonable suspicion.
B) This full sweep is only justified if there is probable cause to believe accomplices are present that could harm the officers.
C) This full sweep is only justified if there is reasonable suspicion to believe accomplices are present that could harm the officers.
D) This full sweep is only justified if there is clear and convincing evidence to believe accomplices are present that could harm the officers.

Question 16

A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and flashlight. The officer briefly detains the person to ask a few questions to determine what the individual is doing. What is the officer's action classified as?

A) a formal arrest.
B) a stop.
C) an informal arrest.
D) a seizure tantamount to arrest.

Question 17

Which of the following are needed for an officer to make a warrantless arrest for a felony?

A) the officer must have a separate witness.
B) the offense must be committed in the officer's presence.
C) the officer must have verbal approval from a court to arrest.
D) the officer must have probable cause that the offense was committed.

Question 18

Which statement most accurately describes the authority afforded a county sheriff's deputy in hot pursuit outside his county?

A) the same authority to arrest as an ordinary citizen.
B) the same authority to arrest as within his county if he is on duty.
C) the same authority to arrest as within his county even if he is off duty.
D) the same authority to arrest as a bondsman.

Question 19

Which of the following most accurately describes appropriate method(s) of serving a summons?

A) only by handing it to the person named.
B) by handing it to the person named or by leaving it at their dwelling.
C) by handing it to the person named, leaving it at their dwelling, or by leaving it with a responsible person at the defendant's dwelling.
D) by handing it to the person named, leaving it at their dwelling, leaving it with a responsible person at the defendant's dwelling, or by mailing it to their dwelling.

Question 20

Which of the following is not generally impacted by an illegal arrest?

A) direct evidence
B) a confession
C) jurisdiction to try a person for a crime
D) physical/real evidence

Question 21

An officer arrests the driver of a vehicle, handcuffs the driver, and places him/her in the backseat of the police car. The arrest is for a crime in which no evidence of the alleged offense could be located in the driver's vehicle. Select the appropriate option for the officer.

A) the officer may apply Belton and search the entire car.
B) the officer may apply Belton and Carroll and search the entire car.
C) the officer may apply Belton and search the passenger compartment of the car.
D) the officer may not search the car; the Gant decision prevents the search of the car.

Question 22

In the majority of states, arrest warrants are required for misdemeanors that do not occur in the officer's presence.

Question 23

Officers may not deliberately move an arrested person near an object or place they want to search in order to activate the incident-to-arrest exception.

Question 24

A police officer has informed a man seated at a desk in his home that he is under arrest. The desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locked. As incident to the arrest, what may the officer search besides the man?

A) not the desk.
B) the top of the desk in plain sight but not the drawers of the desk.
C) the desk top and the unlocked drawers of the desk.
D) the desk top and all the drawers of the desk.

Question 25

During a search incident to arrest, officers may not search for weapons unless they can point to specific facts and circumstances indicating the likelihood that the person was armed and dangerous.

Question 26

The police may, in some situations, delay a search incident to arrest.

Question 27

The U.S. Supreme Court case Arizona v. Gant (2009) overruled a long-standing legal principle that was established earlier in New York v. Belton (1981).

Question 28

For an item to be validly seized during a search incident to arrest, the police must have probable cause to seize the item, but they do not need to immediately recognize the item's evidentiary value.

Question 29

A police officer has arrested a woman in her car for driving while intoxicated. What may the officer search incident to the arrest:

A) the officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee.
B) the officer may search the passenger compartment of the car and any open containers therein but not the closed containers.
C) the officer may search the passenger compartment of the car but none of the containers without a warrant.
D) the officer may not search in the car.

Question 30

The issuance of a traffic citation alone is not a lawful custodial arrest sufficient to justify a search incident to arrest.

Question 31

A police officer has arrested a man for assault. The arrestee is carrying a backpack. During an immediate search of the person incident to the arrest, how should the officer treat the backpack?

A) the officer may search the backpack only with a warrant.
B) the officer may search the backpack without a warrant but only if the officer has additional justification that the backpack contains a weapon.
C) The officer may search the backpack without a warrant or additional justification.
D) The officer may not search the backpack.

Question 32

For minor crimes unlikely to involve the use of weapons or destructible evidence, officers are permitted to conduct a full search of the person incident to the arrest.

Question 33

Which of the following is a true statement about searches of a companion of an arrested person?

A) All courts allow an immediate frisk for weapons of the arrestee's companions without any further justification.
B) Some courts follow the automatic companion rule, whereas other states require reasonable suspicion that the companion is armed and dangerous.
C) Some courts follow the automatic companion rule, whereas other states require probable cause that the companion is armed and dangerous.
D) States that require a level of suspicion justifying a search of a companion have established a precise test for establishing suspicion.

Question 34

In general, the search of an arrestee's vehicle located a substantial distance from the doorstep of his home where he was arrested could not be justified as a search incident to arrest.

Question 35

A police officer has arrested a man for unlawful possession of narcotics. The arrestee is carrying a suitcase. The officer removes the suitcase from the arrestee's possession and transports the arrestee and the suitcase to the police station. An hour later, after booking the arrestee, how should the officer treat the suitcase?

A) the officer may search the suitcase only with a warrant.
B) the officer may search the suitcase without a warrant as incident to the arrest.
C) the officer may search the suitcase without a warrant only if there is additional justification that it contains narcotics.
D) the officer may never search the suitcase.

Question 36

In general, if a police officer makes a warrantless arrest for a felony based on probable cause and it turns out that the arrestee did not commit the suspected offense, the officer is not civilly liable, provided no negligence was involved in making the arrest.

Question 37

If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises to search for an accomplice under what circumstance(s)?

A) without further justification.
B) with articulable facts on which to base reasonable suspicion that others may be present.
C) with probable cause that others may be present.
D) never.

Question 38

The Gant v. Arizona (2009) case limited police ability to search a vehicle incident to arrest to under which of the following situations?

A) involving an arrest for a violent crime.
B) where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there is reason to believe the vehicle is not owned by the arrestee/occupant.
C) where there could be evidence of the crime in the vehicle or there is reason to believe the vehicle may be moved if not searched immediately.
D) where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there could be evidence in the vehicle of the crime for which the person was arrested.

Question 39

A police officer has made a custodial arrest of a person for a traffic offense. At this point, what may an officer search?

A) arrestee only for evidence of the offense.
B) arrestee only for weapons and evidence of the offense.
C) arrestee's clothing but nothing the arrestee is carrying.
D) arrestee's clothing, wallet and anything in the arrestee's pockets.

Question 40

Based on Chimel v. California, what is the key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person?

A) Is the container closely associated with the arrestee's person?
B) Is the container still in the arrestee's immediate control?
C) Is the container owned by the arrestee?
D) Is the container both closely associated with the arrestee's person and still in the arrestee's immediate control?

Question 41

How does the Court define "use of excessive force" by the police?

Question 42

An officer has made an investigative stop based on reasonable suspicion. The officer has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved her original suspicions. This would be considered a seizure __________.

Question 43

The courts have ruled that a(n) __________ may occur without any physical touching if the officer makes a show of authority and the person to be detained submits to this authority.

Question 44

What is meant by the term exigent circumstance? Provide an example.

Question 45

Under what circumstances may law enforcement perform a full search of an arrestee's body?

Question 46

A(n) __________ is a court order demanding someone to appear in court to respond to charges.

Question 47

Describe the circumstances under which law enforcement officers may search containers. Cite at least one court case pertaining to same.

Question 48

Compare and contrast a fresh pursuit and a hot pursuit. Give examples.

Question 49

State the elements of a formal arrest. Illustrate by way of example the difference between the concepts tantamount to an arrest and formal arrest.

Question 50

In a protective sweep, police are looking for __________.

Question 51

Briefly explain what is meant by the term warrantless arrest authority?

Question 52

In __________ v. California the court ruled that forcibly pumping a suspect's stomach by the police was conduct that shocks the conscious, whereas, in __________ v. California the Court held that the practice of drawing blood from a person arrested for drunk driving by a physician in a hospital environment according to accepted medical practices, was constitutionally permissible.

Question 53

In __________ v. United States, the Supreme Court clearly stated that an officer's ulterior motives do not invalidate the officer's conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.

Question 54

Generally speaking, a search is said to be __________ with an arrest if the search is at the same time that probable cause to arrest develops or is conducted shortly thereafter.

Question 55

Why are exceptions to the warrant requirement sometimes allowed? Do you feel exceptions should be permitted? Explain your reasoning.

Question 56

Describe the amount of force that law enforcement officers may use when searching a person. In what way(s) is the common law definition of resisting arrest different from the modern definition?

Question 57

A(n) __________ is the routine practice of police departments of securing and recording the contents of a lawfully impounded vehicle. This is done to protect the vehicle owner's property while it remains in custody, and to protect the police from potential danger and from claims or disputes over lost or stolen property.

Question 58

Prior to __________ v. California, the police were allowed a much broader scope in searches incident to arrest.

Question 59

Summarize the effect of the New York v. Belton (1981) ruling and how the decision in Arizona v. Gant (2009) altered the law established by the Belton case.

Question 60

A search incident to arrest is authorized by __________.