Question 1

"Impermissibly suggestive" means:

Accepted Answer

A) the police used suggestive procedures without justification. 
B) there is a likelihood of misidentification. 
C) the police engaged in misconduct. 
D) the right to counsel was violated. B

Question 2

A voluntary "street encounter" between police and citizens:

Accepted Answer

A) is not covered by the Fourth Amendment. 
B) requires probable cause. 
C) requires reasonable suspicion. 
D) is a seizure of the person. A

Question 3

Voluntary street encounters between police and citizens:

Accepted Answer

A) are not covered by the Fourth Amendment. 
B) are governed by the common law of arrests. 
C) are strictly regulated by statute. 
D) are strictly regulated by the Fourth Amendment. A

Question 4

Which of the following is a basic question raised by stop and frisk?

Accepted Answer

A) The right to counsel when confronting the police 
B) The need for speedy arrest 
C) Balancing police safety against personal liberty 
D) Balancing good and bad faith on the part of police

Question 5

The Fifth Amendment privilege against self-incrimination:

Accepted Answer

A) applies to showups but not lineups. 
B) applies to blood tests. 
C) applies to lineups but not fingerprinting. 
D) applies only to testimonial evidence.

Question 6

A warrantless arrest in a suspect's dwelling:

Accepted Answer

A) requires only probable cause. 
B) requires probable cause and exigent circumstances. 
C) requires a threat to public safety. 
D) is always unconstitutional.

Question 7

Because Smith looked "suspicious," a police officer approached Smith and stated: "Stop right there.I order you to produce identification." Smith ran away.Smith was:

Accepted Answer

A) seized when the officer ordered him to stop. 
B) seized when the officer requested identification. 
C) seized as soon as the officer approached. 
D) not seized because he ran away.

Question 8

The right to counsel at identifications:

Accepted Answer

A) may apply only to lineups and showups. 
B) may apply only to photographic arrays. 
C) may apply to any identification procedure. 
D) rests with the judge's discretion.

Question 9

The requirement that identifications not be impermissibly suggestive applies to:

Accepted Answer

A) lineups, but not showups. 
B) showups, but not lineups. 
C) all identification procedures. 
D) all identification procedures prior to arrest.

Question 10

An unconstitutional arrest requires the court to:

Accepted Answer

A) dismiss all charges underlying the arrest. 
B) find a lack of jurisdiction over the accused. 
C) release the accused from all custody. 
D) exclude the evidence obtained from the illegal arrest.

Question 11

If the suspect refuses to cooperate in identification procedures:

Accepted Answer

A) no comment on the refusal may be made at trial. 
B) police may use reasonable force to conduct the procedure. 
C) courts may not threaten the suspect with contempt. 
D) this creates a presumption of guilt.

Question 12

Reasonable suspicion for a temporary detention:

Accepted Answer

A) requires specific facts. 
B) may be mere intuition. 
C) is a higher standard than probable cause. 
D) is a discretionary decision for police officers.

Question 13

According to the Supreme Court, the Fourth Amendment:

Accepted Answer

A) governs only full arrests. 
B) requires lesser proof for a stop than for an arrest. 
C) treats stops and arrests equally. 
D) has no application to temporary detentions.

Question 14

Which of the following constitutes a stop?

Accepted Answer

A) A police officer's approach to a citizen 
B) A police officer's request for information 
C) Both a and b 
D) Neither a nor b

Question 15

After judicial proceedings have commenced, the accused is entitled to counsel at which of the following?

Accepted Answer

A) Lineups, showups, and photographic displays 
B) Lineups and showups 
C) Only at a lineup 
D) Only at a showup

Question 16

A temporary detention must be based upon a:

Accepted Answer

A) probable cause. 
B) preponderance of evidence. 
C) reasonable suspicion. 
D) clear and convincing evidence.

Question 17

Which constitutional provision is most relevant to identification procedures?

Accepted Answer

A) The Fourth Amendment. 
B) The Fifth Amendment. 
C) The Sixth Amendment. 
D) The Eighth Amendment.

Question 18

A warrantless arrest is constitutional if:

Accepted Answer

A) there is probable cause to believe a crime occurred, and the arrest takes place in public. 
B) there is probable cause to believe a felony occurred. 
C) there was an emergency situation. 
D) there was a threat to public safety.

Question 19

An improper pretrial identification:

Accepted Answer

A) may bar reference to the pretrial identification but does not affect any in-court identification. 
B) bars reference to the pretrial identification and all in-court identifications. 
C) bars the prosecution from calling as a witness the person who made the improper identification. 
D) bars an in-court identification if the in-court identification is a product of the improper pretrial identification.

Question 20

When determining the reasonableness of a temporary detention, the courts consider:

Accepted Answer

A) the duration of the detention. 
B) the intensity of the detention. 
C) the location of the detention. 
D) all of the above.

Exam 9: Seizures of a Person and Identification Procedures