Deck 5: Criminal Procedure and the Police
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Deck 5: Criminal Procedure and the Police
1
A __________ is an exploratory inspection of a person or property based on probable cause of law violation.
A)frisk
B)search
C)seizure
D)arrest
A)frisk
B)search
C)seizure
D)arrest
B
2
The case that established the legal authority and limits for a "stop and frisk" was __________.The case involved a Cleveland police officer who had been a plainclothes detective for thirty-five years and had patrolled a certain section of the downtown area for shoplifters and pickpockets for nearly thirty years.
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
B
3
A __________ is limited to a search for weapons that may pose an immediate threat to the officer's safety.
A)frisk
B)search
C)seizure
D)arrest
A)frisk
B)search
C)seizure
D)arrest
A
4
A rule stating that evidence seized with a defective warrant,not based on probable cause,is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge is called a(n)__________.
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
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5
A __________ may be conducted without a warrant if they are incident to a lawful arrest;are conducted with voluntary consent;or involve evidence in plain view,automobiles and their contents,or open fields and abandoned property.
A)frisk
B)search
C)seizure
D)arrest
A)frisk
B)search
C)seizure
D)arrest
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6
The case that established the authority of police to conduct a warrantless search in a lawful arrest was __________.Police officers went to the defendant's home with a warrant to arrest him for the burglary of a coin shop.The defendant was not home,but his wife allowed the police to enter and wait for his return.When the defendant arrived,the police showed him the warrant,placing him under arrest,and proceeded to search the house.They found the coins that he was suspected of stealing and used them as evidence to convict him of burglary.On appeal,the U.S.Supreme Court overturned the conviction on the ground that the search of the defendant's entire house was unreasonable under the Fourth Amendment.
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
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7
A legal principle that holds that illegally seized evidence must be excluded from use in trials is called a(n)__________.
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
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8
The landmark case that applied the provisions of the Fourth Amendment to searches was decided in __________.
A)1959
B)1961
C)1963
D)1967
A)1959
B)1961
C)1963
D)1967
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9
There are exceptions to the '__________' rule when circumstances indicate a threat of physical violence or reason to believe that evidence will be destroyed if advance notice is given.
A)see and take
B)hear and enter
C)knock and announce
D)ring and run
A)see and take
B)hear and enter
C)knock and announce
D)ring and run
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10
A __________ is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.
A)frisk
B)search
C)seizure
D)arrest
A)frisk
B)search
C)seizure
D)arrest
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11
The Fifth Amendment provides for __________.
A)grand juries
B)protection against double jeopardy
C)protection from self-incrimination
D)All of the above
A)grand juries
B)protection against double jeopardy
C)protection from self-incrimination
D)All of the above
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12
A five-point warning derived from a case in Arizona.Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.
A)Miranda warning
B)Melissa warning
C)Melendez warning
D)Maria warning
A)Miranda warning
B)Melissa warning
C)Melendez warning
D)Maria warning
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13
A situation in which a police officer has good reason to believe that criminal activity may be occurring is called a(n)__________.This permits a brief investigative inquiry of the suspect.
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
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14
The term ____________ refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.
A)frisk
B)search
C)seizure
D)arrest
A)frisk
B)search
C)seizure
D)arrest
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15
The __________ states that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
A)reasonable suspicion
B)exclusionary rule
C)good faith exception
D)public safety exception
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16
The right of police to search without a warrant items that are in "plain view" is another well-established exception to the warrant requirement.This exception was explained in the Supreme Court's 1971 decision in __________.The Court specified two conditions for a plain view search: (1)The police officer's presence where the plain view search is made must be lawful,and (2)the discovery must be inadvertent.That is,if police have probable cause before the search,they must obtain a warrant.
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
A)Coolidge v.New Hampshire
B)Terry v.Ohio
C)Bond v.United States
D)Chimel v.California
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17
The right of police to search without a warrant items that are in "plain view" is another well established exception to the warrant requirement.This exception was explained in the Supreme Court's 1971 decision in Coolidge v.New Hampshire.The Court specified the following condition(s)for a plain view search:
A)The police officer's presence where the plain view search is made must be lawful
B)the discovery must be inadvertent
C)All of the above
D)None of the above
A)The police officer's presence where the plain view search is made must be lawful
B)the discovery must be inadvertent
C)All of the above
D)None of the above
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18
The __________ to the Constitution includes protection against self-incrimination.
A)First Amendment
B)Third Amendment
C)Fourth Amendment
D)Fifth Amendment
A)First Amendment
B)Third Amendment
C)Fourth Amendment
D)Fifth Amendment
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19
__________ play a central role in criminal procedure because they are the gatekeepers of the criminal justice system.
A)Police
B)Courts
C)Corrections
D)Social services
A)Police
B)Courts
C)Corrections
D)Social services
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20
The Court concluded that cases must be decided on the basis of their own facts;generally,however,police officers who observe unusual conduct that leads them to conclude that criminal activity may be involved and that the persons may be armed and dangerous are entitled to conduct "a carefully limited search of the outer clothing of such persons in an attempt to discover weapons" that might be used to assault them.Such a frisk was held to be reasonable under the __________,and any weapons seized may be introduced in evidence.
A)First Amendment
B)Third Amendment
C)Fourth Amendment
D)Fifth Amendment
A)First Amendment
B)Third Amendment
C)Fourth Amendment
D)Fifth Amendment
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21
The 'public safety exception' is a rule stating that evidence seized with a defective warrant,not based on probable cause,is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
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22
A __________ is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.
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23
A 'search' is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.
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24
Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety.
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25
After an arrest and search have been carried out,the police have the authority to interrogate the arrested person.Interrogations are not specifically mentioned in the Constitution,but the limits of official interrogations are implied in the Fifth Amendment.
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26
The Supreme Court has held that when __________ is the result of a conscious or deliberate choice,police may be held liable for civil damages.
A)poor training
B)an officer-involved shooting
C)attending the police academy
D)None of the above
A)poor training
B)an officer-involved shooting
C)attending the police academy
D)None of the above
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27
A ___________ refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.
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28
A majority of Americans do not believe racial or ethnic profiling is __________,but opinions vary depending on the specific situation.
A)unfair
B)justified
C)unfounded
D)groundless
A)unfair
B)justified
C)unfounded
D)groundless
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29
Law enforcement officials initially criticized Miranda v.Arizona for limiting their ability to obtain evidence through interrogation.Many believed that officers would no longer be able to conduct interrogations of suspects without lawyers present,and that suspects who understood that they had the right to remain silent would always invoke this right and refuse to talk to the police.
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30
The term 'reasonable suspicion' refers to a situation in which a police officer has good reason to believe that criminal activity may be occurring;this permits a brief investigative inquiry of the suspect.
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31
The 'Miranda warning' is a five-point warning derived from the case of Miranda v.Arizona.Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.
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32
The 'exclusionary rule' holds that illegally seized evidence must be excluded from trials.Searches conducted without probable cause (or without a warrant where one is required)are illegal.
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33
A __________is an exploratory inspection of a person or property based on probable cause of law violation.
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34
Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement,reflecting continuing conflict in the balance to be struck among the interests of government.
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35
The importance of confessions to police work may be overstated due to the fact that police rarely take a suspect into custody without some kind of evidence,and a confession rarely forms the basis for a conviction without other corroborating evidence.
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36
To ensure protection against self-incrimination,suspects taken into custody must be read the Miranda warning,which states that the suspect has the right to remain silent and to have an attorney present during questioning.
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37
A 'seizure' refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.
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38
A 'frisk' is an exploratory inspection of a person or property based on probable cause of law violation.
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39
The 'good faith exception' means that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.
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40
Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
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41
The term ___________ refers to a situation in which a police officer has good reason to believe that criminal activity may be occurring;this permits a brief investigative inquiry of the suspect.
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42
What protections are provided by the Fourth Amendment to the Constitution?
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43
After an arrest and search have been carried out,the police have the authority to interrogate the arrested person.Interrogations are not specifically mentioned in the Constitution,but the limits of official interrogations are implied in the __________ Amendment.
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44
The __________ is a rule stating that evidence seized with a defective warrant,not based on probable cause,is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
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45
Stop and frisk is now a common police practice.A survey that asked citizens if they had been stopped by the police during the past year found that an estimated 45 million residents age sixteen or older-about 21 percent of all persons this age-had at least one face-to-face contact with police during the year.Do you think this number/rate is higher or lower than average? Please explain why.
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46
The __________ means that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.
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47
__________ are limited to a search for weapons that may pose an immediate threat to the officer's safety.
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48
What is the difference between a 'search' and a 'seizure'? How are they connected?
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49
Studies by Paul Cassell in the 1990s concluded that thousands of cases had not been prosecuted because suspects did not make statements after being given the Miranda warning.Do you think that this is still the issue today? Why or why not?
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50
What is the 'public safety exception' and when is it used?
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51
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