Deck 7: Rule of Law: Expounding the Constitution

Question 1

In a small space like a car,officers can reasonably infer a(n)___________ among driver and passengers,and have probable cause to suspect that drugs belong to any or all of them.

A) common agreement
B) common enterprise
C) need to escape
D) injudicious plan

Answer 1

B

Question 2

"Probable cause" means that a police officer possesses:

A) enough evidence for a conviction
B) a magistrate's approval of a preponderance of evidence
C) more than a mere hunch but less than actual knowledge
D) less than a mere hunch but more than a mere guess

Answer 2

C

Question 3

In which situation has the Supreme Court not upheld convictions?

A) When probable cause was provided by a reliable informant
B) When probable cause was provided by an anonymous letter
C) When probable cause was provided by a suspect fitting a "drug courier" profile
D) When probable cause was provided by a hunch on the part of the arresting officer

Answer 3

D

Question 4

In which situation are the police permitted to conduct a consent search?

A) The police ask for and receive consent to search a house but do not inform the homeowners that they have the right to refuse consent.
B) The police receive consent to search a house after falsely telling the homeowner that they have a search warrant.
C) The police request permission to search a home for contraband. One homeowner refuses to give permission but the other consents.
D) The police may conduct searches in all of these situations.

Question 5

According to the Supreme Court,after knocking and announcing their presence and that they have a search warrant,it is constitutional for the police to break down the door after waiting a minimum of:

A) 15-20 seconds
B) 1-2 minutes
C) 5 minutes
D) as long as necessary for all residents to vacate the premises

Question 6

According to the Supreme Court,in high-risk situations,the police are justified in:

A) firing a warning shot into a wall before entering the suspect's home
B) handcuffing a home's occupants and detaining them for several hours while searching the premises for evidence
C) issuing a search warrant themselves, while standing somewhere in the suspect's yard
D) using text messaging to contact a judge directly and request an arrest warrant

Question 7

In ,the Supreme Court addressed the admissibility of illegally seized evidence in state courts.

A) Mapp v. Ohio
B) Terry v. Ohio
C) Weeks v. Ohio
D) Masters v. Johnson

Question 8

In 2002,the Supreme Court held that police may question passengers on a bus and trains for evidence without:

A) proper equipment to conduct a search
B) obtaining permission from the passengers
C) telling the passengers that they can refuse to be searched
D) probable cause

Question 9

A writ of _______________ requires that an incarcerated person be brought before a judge for an investigation of the restraint of that person's liberty.

A) habeas corpus
B) corpus delicti
C) corpus juris secundum
D) mandamus

Question 10

In the case of Illinois v.Wardlow,the Supreme Court decided that,under certain conditions,a citizen's running away from the police:

A) supports reasonable suspicion to justify a stop and frisk search
B) permits the use of deadly force by the police under the fleeing felon rule
C) creates a requirement for probable cause for a stop and frisk search
D) does not eliminate the need for consent on the part of the citizen before a search may be conducted

Question 11

The exception to the exclusionary rule doctrine applies in cases of immediate necessity.

A) inevitability of discovery
B) probable cause
C) good faith
D) public safety

Question 12

Which type of search and seizure may not be conducted without a warrant?

A) The seizure of evidence that is in "plain view"
B) A search when consent is given
C) A full search of a house after the occupant has been arrested
D) A stop and frisk search during a field interrogation

Question 13

Even though the Christian Burial Speech was found to violate the defendant's rights,evidence concerning the location and condition of the victim's body was admitted at trial under the _________ exception to the exclusionary rule.

A) inevitability of discovery
B) probable cause
C) good faith
D) public safety

Question 14

The Amendment protects against unreasonable searches and seizures.

A) Fourth
B) Fifth
C) Sixth
D) None of the above

Question 15

Which is not one of the three principles that establish the rule of law?

A) The law of the U.S. Constitution as a consequence of the rights of individuals as defined and enforced by the courts
B) The dominance of the ends over the means
C) Equality before the law
D) Absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power

Question 16

According to the Supreme Court,what conditions are required for an officer to search objects belonging to a passenger in a vehicle?

A) The only requirement is that the officer has probable cause to search the vehicle.
B) The officer must have probable cause to search the vehicle, and the item the officer is looking for must be able to fit in the objects being searched.
C) The officer must have probable cause to search the vehicle, and the search must be incident to a drug-related investigation.
D) The officer must have probable cause to search the vehicle, and the objects being searched must belong to the driver of the vehicle.

Question 17

Which of the following is not considered lawful under the plain view rule permitting warrantless searches?

A) A police officer looking at a field that is surrounded by a barbed wire fence upon which are posted several "No Trespassing" signs sees a large number of marijuana plants being cultivated in the field.
B) While executing a search warrant authorizing him to search a house for drugs, a police officer observes some stolen property.
C) A police officer who is conducting a legal search for illegal drugs moves a desktop computer to locate its serial number.
D) A police officer pulls a vehicle over for running a red light and observes a quantity of illegal drugs in the back seat.

Question 18

Police officers are required to obtain warrants when making felony arrests when:

A) the officers have reasonable grounds but not probable cause to arrest
B) there are no exigent circumstances
C) the officers are unable to swear an affidavit
D) they have not already given the suspect a Miranda warning

Question 19

A warrantless search incident to a lawful arrest can include a search of:

A) the entire house in which the individual was arrested
B) any vehicle owned by the arrested individual
C) only the area within the arrested individual's immediate control
D) the house in which the individual was arrested and any attached outbuildings, such as a garage

Question 20

Which of the following is not a situation in which the Supreme Court has said police may conduct warrantless searches of homes under exigent circumstances?

A) When the officers reasonably believe a person is in need of aid
B) When the police reasonably believe a neutral magistrate would issue a search warrant
C) When the officers reasonably believe the occupation is seriously injured
D) When the police hear movement inside that suggests evidence is being destroyed

Question 21

Police may randomly stop a vehicle to check the driver's license and registration.

Question 22

The police need proof of a likely serious,life-threatening injury to invoke the emergency aid exception and enter a home without a warrant.

Question 23

The___ Amendment's protections include the right to a speedy and public trial by an impartial jury and the assistance of counsel for one's defense.

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

Question 24

Under the rule of law in the United States,the ends are more important than the means.

Question 25

Which of the following is not a way the courts have modified the Miranda decision?

A) The police are not required to give the Miranda warning in the exact form that it was originally outlined in Miranda v. Arizona.
B) A suspect's mere silence does not mean that the suspect intends to invoke Miranda.
C) Voluntary oral statements to the police are admissible even if the suspect invoked his or her right to counsel and refused to make any written statements.
D) If a suspect waives his or her Miranda rights, the police do not need to interrupt the flow of questioning if the suspect later requests counsel.

Question 26

Habeas corpus is a means of remedying a wrongful arrest or other detention that has already occurred.

Question 27

Which of the following does not fall under the Fifth Amendment protection against self-incrimination?

A) A witness is testifying in a civil case.
B) A suspect is required to provide a blood sample that may help prove his guilt.
C) A criminal defendant is questioned under oath in court.
D) An individual is testifying before a congressional committee.

Question 28

The doctrine of __________ means the "state is the ultimate parent" of the child.

A) in loco parentis
B) corpus estatum
C) e pluribus fratricidios
D) parens patriae

Question 29

The Fourth Amendment protects against unreasonable searches and seizures.

Question 30

During a traffic stop,a police officer finds illegal drugs in the vehicle.If no one in the vehicle admits to owning the drugs,the officer may arrest the driver and all passengers.

Question 31

To make an arrest without a warrant,there must be exigent circumstances and the officer must have at least reasonable grounds to arrest.

Question 32

required that the "beyond a reasonable doubt" standard of proof be used in juvenile courts.

A) McKeiver v. Pennsylvania
B) In Re Kelly
C) In Re Gault
D) In re Winship

Question 33

"Probable cause" is more than actual knowledge,but is less than a mere hunch that a crime occurred.

Question 34

The Supreme Court has held that the __________ Amendment protection against double jeopardy does apply to juveniles.

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

Question 35

In ,the Supreme Court said a suspect should have counsel present during interrogation.

A) Schneckloth v. Bustamonte
B) Miranda v. Arizona
C) Massiah v. U.S.
D) Escobedo v. Illinois

Question 36

The police are permitted to search an impounded vehicle without having either probable cause or a search warrant.

Question 37

In the case of Terry v.Ohio,the Supreme Court permitted stop-and-frisk searches without probable cause.

Question 38

In ,the Supreme Court mandated that all indigent persons charged with felonies in state courts be provided counsel.

A) Argersinger v. Hamlin
B) Gideon v. Wainwright
C) Escobedo v. Illinois
D) State v. Williams

Question 39

The exclusionary rule requires that any evidence obtained in violation of the Fourth Amendment must be excluded from the government's use in a criminal trial.

Question 40

The doctrine of _________ means the state,when necessary,will act in place of the parent.

A) in loco parentis
B) corpus estatum
C) e pluribus fratricidios
D) parens patriae

Question 41

Suspects may be forced to provide voice samples for comparison with actual voice recordings without any violation of their Fourth Amendment rights.

Question 42

The doctrine guiding treatment of juveniles is in loco parentis,meaning the "state is the ultimate parent" of the child.

Question 43

In Re Gault extended due process rights to juveniles.

Question 44

The Supreme Court has ruled that the ?????______________ warning does not need to be given verbatim.

Question 45

Florida's "stand your ground" law requires the prosecution to prove beyond a reasonable doubt that the dead person did not attack the killer.

Question 46

A _______ search is a legal warrantless search conducted when a citizen waives his or her Fourth Amendment rights and permits the search.

Question 47

Gideon v.Wainwright mandated that all indigent persons charged with felonies in state courts be provided counsel.

Question 48

The case of ______________ provided indigent defendants with the right to counsel in capital cases.

Question 49

The standard for a legal arrest is _____________.

Question 50

Absent any ______________ circumstances,the police are required to obtain a warrant before making a felony arrest.

Question 51

The form of the Miranda warning that was provided by the Court in the case of Miranda v.Arizona must be used by the police when informing suspects of their rights.

Question 52

Police may conduct a warrantless search of the hotel room of a suspect if they receive consent to search from the manager of the hotel.

Question 53

The police are permitted to attach a GPS device to a suspect's vehicle without a search warrant because the vehicle might be moved before the police can obtain a warrant.

Question 54

____________ involves the police encouraging someone to commit a crime that this individual would not otherwise have attempted.

Question 55

The _____________ doctrine permits warrantless searches of automobiles when an officer has probable cause to believe the automobile contains criminal evidence.

Question 56

The accused does not have the right to have counsel present while participating in a police lineup.

Question 57

The _______________ Amendment includes the right against self-incrimination.

Question 58

Under the ____________,the police can only control crime within the framework of the Bill of Rights.

Question 59

Under the ______________ exception to the exclusionary rule,the police may be justified in questioning an armed robbery suspect about the location of his firearm without first giving the suspect the Miranda warning.

Question 60

Attaching a __________ device to a suspect's vehicle without a search warrant is a violation of the Constitution.

Question 61

In the case of In Re Winship,the Court held that the ___________ standard of proof was to be used in the juvenile courts.

Question 62

List and explain the three principles that establish the rule of law.

Question 63

Identify the five main types of searches that may be conducted without a warrant.Explain what is required for each type of search and discuss the pros and cons of conducting each type of search.Why do the police conduct so many searches without a warrant?

Question 64

____________ was the most significant juvenile rights decision ever rendered.

Question 65

Explain why it is better for an officer to effect an arrest with a warrant,rather than making a warrantless arrest.

Question 66

The shooting of Trayvon Martin by George Zimmerman in Florida created a controversy over ___________ laws.

Question 67

Define the concept of probable cause and explain why it is somewhat ambiguous and difficult to conceptualize.

Question 68

Explain the major legal/philosophical differences in adult and juvenile law.How do these combine to affect the manner in which police must deal with juvenile suspects/offenders?

Question 69

Explain the Fourth Amendment's provisions,focusing on the exclusionary rule and its protections,as well as arguments for and against its repeal.Include a discussion of the current trend regarding the illegal seizure of evidence.

Question 70

Stand your ground laws expand the common law ____________ doctrine

Question 71

Examine the major protections afforded citizens under the Fifth and Sixth Amendments,focusing on the right for counsel and against double jeopardy and self-incrimination.Why are these rights important? Consider what would happen if they were to be completely eroded.