Deck 2: Arrest, search and Seizure

Question 1

Danny stops Carl on the street and asks Carl some questions.Danny doesn't like Carl's answers and tells him so.Carl wants to walk away.Can he?

A)No,because he is under arrest.
B)Yes,because Danny had no right to ask him questions in the first place.
C)No,because he is a reasonable person who believe that he was under arrest.
D)Yes,because he is not under arrest and Danny has no probable cause to detain him further.

Answer 1

D

Question 2

In which of the following scenarios is probable cause not required?

A)The arrest of a suspected drug dealer
B)The search of a suspected murderer's home
C)When consent is given
D)When the suspect is clearly evasive

Answer 2

C

Question 3

Carl is stopped at the U.S.border between Mexico and the United States.Border patrol officers become suspicious about his contradictory answers about where he was in Mexico.They ask for consent to search and Carl refuses.The officers inform him that they have a drug-sniffing dog on hand,who can sniff out illegal narcotics.They again ask for consent and Carl again refuses.They bring in the dog who immediately scratches at Carl's spare tire.This is how the dog indicates the presence of illegal narcotics.They open the tire and find a kilo of cocaine.Is this a valid search?

A)No,because there was no legal basis for the use of the dog.
B)No,because the search was carried out over Carl's objection.
C)Yes,because there was a valid consent.
D)Yes,because there was sufficient probable cause after the dog scratched at the tire.

Answer 3

D

Question 4

When the grand jury approves further prosecution,they issue a "true bill."

Question 5

Danny is an off-duty police officer who sees a man parked outside a closed jewelry store.He has a strong gut feeling that the man is up to something,so he asks the man to step out of his car,cuffs him,and transports him to headquarters.Which of the following is true about this scenario?

A)It is a valid arrest.
B)It is an improper arrest because Danny was off-duty.
C)It is an improper arrest because Danny cannot arrest based on a "hunch."
D)It is an improper arrest because Danny should not have been near the jewelry store.

Question 6

A search warrant can become "stale" and no longer legally effective when

A)too much time has elapsed since it was issued.
B)the warrant refers to items that are not yet in the jurisdiction.
C)the judge refuses to issue the warrant.
D)all of the above.

Question 7

Another way of charging a person is to use an accusation (information).

Question 8

Police stake out Carl's house because they suspect that he is growing marijuana under special lights in his basement.They have a special camera that allows them to read the heat signature of these special lights.Carl's basement shows that such lights are being used.Do they have sufficient probable cause for a search?

A)Yes,because of Carl's use of the lights.
B)No,because the use of the camera violated Carl's right to privacy.
C)Yes,because Carl is a known drug dealer.
D)No,because Carl's house is located on a private street.

Question 9

At trial,the prosecution is represented by the police officer.

Question 10

When an appellate court orders a new trial,this trial is carried out in the appellate court itself.

Question 11

Danny obtains a warrant to search a local warehouse for "any evidence of illegal activity." He discovers some marijuana in an employee's locker.At trial,the employee challenges the seizure on the grounds that it was unconstitutional.Is it?

A)No,because Danny had a valid warrant,signed by the judge.
B)No,because the warrant stated that Danny could search for evidence of illegal activity.
C)Yes,because the warrant was too vague.
D)Yes,because there was no proof that Danny knew the identity of the employee.

Question 12

A person can plead the Fifth Amendment as a way of refusing to answer incriminating statements before the grand jury.

Question 13

All of the following are exceptions to the search warrant requirement,except

A)administrative searches.
B)evidence found in trash.
C)evidence dropped by a fleeing suspect.
D)evidence discovered after a valid consent.

Question 14

The prosecutor is employed in the same branch of government as the judge.

Question 15

All of the following are considered to be specific acts that can give rise to probable cause,except

A)police description over the radio.
B)prior run-ins with the suspect.
C)suspicious or unusual behavior.
D)information provided by a citizen.

Question 16

Shortly after his or her arrest,a suspect is brought before a judge in a hearing called a sentencing hearing.

Question 17

The grand jury is responsible for indicting a person suspected of committing a crime.

Question 18

A paralegal can be disbarred for violating ethical rules.

Question 19

The standard that law enforcement must show to justify an arrest is

A)reasonable suspicion.
B)reasonable grounds.
C)probable cause.
D)proof beyond a reasonable doubt.