Deck 12: Field Interviews, Arrests and Jail Searches

Question 1

Miranda warnings are required prior to questioning a suspect in the field.

Answer 1

False

Question 2

If police officers shoot at non-violent fleeing suspects, they are violating the Fourth Amendment.

Answer 2

True

Question 3

Police officers may detain a person in the field if there is reasonable suspicion the person is about to commit a crime.

Answer 3

True

Question 4

A police officer may use reasonable force to detain someone for a field interview.

Question 5

If a police officer has reasonable suspicion to stop someone, the officer automatically has the authority to search that person for weapons.

Question 6

The Supreme Court held that officers may conduct strip searches whenever someone is being booked for a felony.

Question 7

Police officers may use force only if it is reasonable based on how the circumstances would appear to a reasonable person.

Question 8

At the time of a custodial arrest, officers may conduct a thorough search of the person being arrested and the area under his/her immediate control.

Question 9

Many states still follow the common law rule that an officer can only make an arrest for a misdemeanor if the crime was committed in the officer's presence.

Question 10

An arrest can be made if there is reasonable suspicion that a person committed a crime.

Question 11

The shock the conscience test established in Rochin v. California is no longer applied to police conduct.

Question 12

An arrest warrant is needed to enter the suspect's home to arrest him/her except in emergency situations.

Question 13

A patdown for weapons may be done if there is reasonable suspicion that a person is armed.

Question 14

If a person is detained based on reasonable suspicion, officers may take the person to the police station for fingerprinting.

Question 15

A "citizen's arrest" can be made by anyone who observed a misdemeanor being committed.

Question 16

Reasonable suspicion is based on the professional judgment of a reasonable police officer.

Question 17

A detention based on Terry v. Ohio may never last more than 20 minutes.

Question 18

If a person in a car is arrested, officers may conduct a thorough search of the entire vehicle.

Question 19

Inmates in prisons have no privacy interest in the personal possessions they keep in their cells.

Question 20

A police officer may conduct a thorough search of a car if a person in the car has been detained and there is reasonable suspicion that there are weapons in the car.

Question 21

Police dogs trained to detect drugs can be used:

A) only if authorized by a search warrant
B) only during the search incident to an arrest
C) only during a search incident to an arrest for drug related crimes
D) may accompany police officer to any public place the officer legally goes

Question 22

A police officer has the right to use deadly force:

A) if  there is imminent danger of death or serious bodily harm
B) whenever reasonably necessary to apprehend a fleeing felon
C) whenever in the officer's personal opinion deadly force is necessary
D) all of these would justify the use of deadly force

Question 23

The information that an officer relies upon to make a stop based on Terry v. Ohio :

A) must be first-hand observations made by the officer making the stop
B) must be either first-hand observations made by the officer making the stop or information from a reliable informant
C) may not be based on hearsay
D) is analyzed based on the totality of the circumstances

Question 24

The right to use force is based on a "reasonable person." The reasonable person is:

A) the person who is about to use force
B) a person who never get emotionally involved
C) a person who in the same situation as the person in question
D) a person who was saw a video about the situation

Question 25

An arrest warrant is mandatory:

A) in all non-emergency situations
B) for all misdemeanors
C) whenever officers enter the suspect's home to make an arrest
D) never

Question 26

If an officer legally stops a vehicle based on reasonable suspicion, the officer may:

A) order the driver to get out of the vehicle
B) order the driver to get out of the vehicle and automatically search the vehicle
C) order the driver and passengers to get out of the vehicle
D) order the driver and passengers to get out of the vehicle and automatically search the vehicle

Question 27

During a valid detention based on Terry v. Ohio , and officer may demand the person give his/her name:

A) always
B) only if the officer is going to run a warrant check
C) only if state law mandates that people carry identification
D) never

Question 28

Assume that an officer has sufficient facts to legally justify a search during a detention based on Terry v. Ohio . What restrictions are placed on the search?

A) search limited to pat-down for weapons
B) search limited to pat-down for weapons and contraband (illegal drugs, etc.)
C) search limited to area under the person's immediate control
D) search can be as extensive as would be authorized if the person were arrested

Question 29

If a teacher has reasonable suspicion that a student is in violation of school rules because he has bubble gum in his shirt pocket, the teacher:

A) may not search student unless the student is arrested
B) may do a pat-down search for the bubble gum
C) may do a thorough search for weapons
D) may do whatever search the teacher thinks will make student stop disruptive behavior

Question 30

An officer stops a car based on a vehicle code violation. If the officer has reasonable suspicion the people in the car have weapons, the officer may:

A) thorough search the occupants of the car and the entire vehicle
B) pat-down of the occupants of the car and search the entire vehicle
C) pat-down of the occupants of the car and search the passenger compartment for weapons
D) no search allowed unless the officer makes an arrest

Question 31

When an officer arrests a person who is a passenger in a car, the officer may search the vehicle as part of the search incident to the arrest:

A) automatic right to thoroughly search the entire car
B) automatic right to thoroughly search the passenger compartment
C) search of the passenger compartment is allowed if there is a reason to believe it contains  evidence of the crime for which the person was arrested
D) a search warrant is required in order to search the car

Question 32

The maximum length of time an officer can detain someone under Terry v. Ohio is:

A) 60 minutes
B) 90 minutes
C) long enough to ask a few questions
D) each department sets its own standards for the length of detention.

Question 33

The Supreme Court held that when a person is booked into a jail facility, that facility:

A) has an automatic right to conduct a thorough search of person and any property in his/her possession at the time.
B) has an automatic right to conduct a thorough search of person but not any containers that are in his/her possession at the time.
C) may thoroughly search the person and personal property only if there is probable cause contraband is concealed at time of booking.
D) may thoroughly search the person and property only if the arrest was made with a warrant.

Question 34

What are the potential consequences if a police officer uses more force than was necessary to make an arrest?

A) The case can be sent to the Internal Affairs for the departmental discipline
B) The case can be sent to the prosecutor for criminal charges
C) The victim can file the federal civil case for the violation of constitutional rights.
D) all of these can be done in excessive force cases

Question 35

When a police officer detains someone for questioning based on reasonable suspicion:

A) the officer must give Miranda warnings prior to questioning
B) the officer must advise a person that he/she does not have to answer questions but does not need to use Miranda warnings
C) the person has the right to refuse to answer questions, but the officer does not have to advise him/her of this
D) the person must answer all questions the officer asks

Question 36

When making a stop based on reasonable suspicion, the police officer has the right to conduct a search:

A) automatically
B) whenever the officer believes it is necessary
C) whenever the officer has reasonable suspicion the person is armed
D) only if there is probable cause that the person is armed

Question 37

A police officer may detain someone for questioning when there are insufficient facts to justify an arrest and the person does not want to cooperate:

A) never
B) whenever the officer has a reason to believe that the person may be involved in  criminal activity
C) whenever there are specific articulable facts that would make a reasonable officer believe criminal activity is afoot
D) the officer may make random stops in order to prevent crime

Question 38

Probable cause to arrest requires facts that:

A) make an officer conclude criminal activity is occurring
B) make a reasonable officer conclude that a crime has occurred
C) make a reasonable person conclude that a crime has occurred
D) establish a moral certainty that a crime has occurred

Question 39

If the prosecution requests a court order authorizing surgery to obtain physical evidence from a suspect's body, the judge will:

A) Grant the request as long as there is an affidavit with sufficient facts to establish probable cause for the suspect's arrest
B) Grant the order only if there is medical testimony that the procedure is not life-threatening
C) Grant the order if the prosecution's need for the evidence outweighs the medical danger to the suspect
D) Deny the order because surgery on the suspect to recover evidence to be used by the prosecution violates Due Process

Question 40

An officer arrested Tim for disorderly conduct (a misdemeanor) because he was picketing in front of the town's only grocery store and blocking the entrance. No one suspected Tim had a gun. The officer wants to do a search incident to arrest before placing Tim in the patrol car and taking him to jail. Which of the following is true regarding this situation?

A) no search is allowed for non-violent crimes
B) the officer may pat down Tim for weapons because other protesters were armed
C) the officer may search Tim and area under his immediate control
D) the officer may take the picket signs as evidence but no search of Tim is allowed

Question 41

Explain an officer's rights at the time of a custodial arrest: (1) to search the person who was arrested; and (2) to search the vehicle the person was in at the time of arrest.

Question 42

Lonnie was riding his bike through a residential neighborhood. He failed to stop for a stop sign and barely avoided a collision with a car. Officer Mertz stopped Lonnie with the intent to warn him that he had violated a section in the Vehicle Code that applies to bicyclists. Once Officer Mertz got out of her car, she smelled a strong odor of marijuana. She asked Lonnie if he had been smoking marijuana. He said yes. She ordered Lonnie to put his hands on the patrol car and patted him down. She found a switchblade knife in his pants pocket. After she found the switchblade, she arrested him and did a thorough search of Lonnie and his fanny pack. She found a bag containing approximately 50 grams of cocaine in the fanny pack. Did Officer Mertz violate Lonnie's right when she did not give him Miranda warnings prior to asking if he had been smoking?

A) Yes, Officer Mertz is required to give Miranda warnings before questioning anyone.
B) Yes, Officer Mertz is required to give Miranda warnings whenever she asks questions during a Terry stop.
C) No, Officer Mertz is not required to give Miranda warnings when she stops someone for a Vehicle Code violation and does not arrest them.
D) No, Officer Mertz is only required to give Miranda warnings when questioning someone at the police station.

Question 43

Lonnie was riding his bike through a residential neighborhood. He failed to stop for a stop sign and barely avoided a collision with a car. Officer Mertz stopped Lonnie with the intent to warn him that he had violated a section in the Vehicle Code that applies to bicyclists. Once Officer Mertz got out of her car, she smelled a strong odor of marijuana. She asked Lonnie if he had been smoking marijuana. He said yes. She ordered Lonnie to put his hands on the patrol car and patted him down. She found a switchblade knife in his pants pocket. After she found the switchblade, she arrested him and did a thorough search of Lonnie and his fanny pack. She found a bag containing approximately 50 grams of cocaine in the fanny pack. Did Officer Mertz have the right to stop Lonnie?

A) Yes, Officer Mertz had reasonable suspicion that Lonnie had violated a section of the Vehicle Code.
B) Yes, Officer Mertz can stop anyone to give a warning as long as she does not plan to arrest them.
C) No, Officer Mertz is only allowed to stop people if she can establish probable cause that they are committing a crime.
D) No, Officer Mertz did not have reasonable suspicion that a crime was being committed.

Question 44

Explain the Fourth Amendment standard for the use of force.

Question 45

Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Could Officer Oliver legally arrest Pat for voyeurism?

A) Yes, Officer Oliver had enough facts to establish reasonable suspicion that Pat was peeping into Nancy's window.
B) Yes, Nancy's 911 call establishes probable cause that Pat was peeping into a bedroom window.
C) No, the fact that Officer Oliver found Pat in the backyard 15 feet from the house is not sufficient to establish probable cause he was peeping into the window.
D) No, Officer Mertz cannot make an arrest unless an eye witness can identify Pat as the person who was peeping into the window.

Question 46

Jack was hanging out in a gang-infested neighborhood. Officer Knight watched Jack walk up to a car in the parking lot of a fast-food place. From where Officer Knight's police car was located about 50 feet away, it looked like Jack had started an argument with the driver of the car. Officer Knight exited his car and walked rapidly toward Jack. When he was 10 feet away, he yelled at Jack to step back from the car and put his hands up. Jack took one look at Officer Knight and ran the other direction. Officer Knight saw an unidentified object in Jack's hand that he thought might be used as a weapon, so he fired two shots. One shot missed but the other struck Jack in the leg. Immediately after arriving at the spot where Jack fell, Officer Knight searched him and found 3 baggies of marijuana in his pocket. Did Officer Knight have the right to stop Jack for questioning?

A) Yes, Officer Knight is allowed to stop anyone who is behaving suspiciously and verify that what they are doing is legal.
B) Yes, the specific facts that Officer Knight observed would lead any reasonable officer to believe that Jack was about to start a fight.
C) No, Officer Knight does not have the right to stop Jack unless a crime has occurred.
D) No, Officer Knight did not have probable cause to arrest Jack at the time he yelled at Jack to step back and put his hands up.

Question 47

Jack was hanging out in a gang-infested neighborhood. Officer Knight watched Jack walk up to a car in the parking lot of a fast-food place. From where Officer Knight's police car was located about 50 feet away, it looked like Jack had started an argument with the driver of the car. Officer Knight exited his car and walked rapidly toward Jack. When he was 10 feet away, he yelled at Jack to step back from the car and put his hands up. Jack took one look at Officer Knight and ran the other direction. Officer Knight saw an unidentified object in Jack's hand that he thought might be used as a weapon, so he fired two shots. One shot missed but the other struck Jack in the leg. Immediately after arriving at the spot where Jack fell, Officer Knight searched him and found 3 baggies of marijuana in his pocket. Did Officer Knight have the right to fire 2 shots at Jack?

A) Yes, Officer Knight can shoot a fleeing felon.
B) Yes, Officer Knight can shoot as long as he aims at Jack's legs.
C) No, the item in Jack's hand was a toy and not a real gun.
D) No, jack did not pose a danger to anyone.

Question 48

Explain a police officer's right to detain someone for questioning when the officer does not have probable cause to arrest the person and the person will not consent to the detention. Is the officer allowed to use a gun under these circumstances? Explain.

Question 49

Lonnie was riding his bike through a residential neighborhood. He failed to stop for a stop sign and barely avoided a collision with a car. Officer Mertz stopped Lonnie with the intent to warn him that he had violated a section in the Vehicle Code that applies to bicyclists. Once Officer Mertz got out of her car, she smelled a strong odor of marijuana. She asked Lonnie if he had been smoking marijuana. He said yes. She ordered Lonnie to put his hands on the patrol car and patted him down. She found a switchblade knife in his pants pocket. After she found the switchblade, she arrested him and did a thorough search of Lonnie and his fanny pack. She found a bag containing approximately 50 grams of cocaine in the fanny pack. Did Officer Mertz have the right to conduct a pat-down of Lonnie?

A) Yes, Officer Mertz can do a pat-down for her protection anytime she stops someone.
B) Yes, Officer Mertz has an automatic right to do a pat-down whenever she makes a Terry stop.
C) No, Officer Mertz did not have reasonable suspicion that Lonnie was armed.
D) No, Officer Mertz was not allowed to search Lonnie before he was arrested.

Question 50

Explain a correctional officer's right to search a person and items in the person's possession: (1) at the time of booking; and (2) while the person is in jail.

Question 51

Was the seizure of the cocaine legal?

A) Yes, Officer Mertz is allowed to search Lonnie's fanny pack incident to arresting him.
B) Yes, Officer Mertz is allowed to search Lonnie's fanny pack because she had reasonable suspicion he was hiding more marijuana in it.
C) No, Officer Mertz is not allowed to search Lonnie's fanny pack unless he is arrested for a felony.
D) No, only the booking officer is allowed to search a fanny pack.

Question 52

Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Assuming for this question that there was probable cause for the arrest: Did Officer Oliver have authority to arrest Pat without a warrant if the state where these events occurred followed the traditional rules regarding misdemeanor arrests?

A) Yes, Officer Oliver can make a legal arrest as long as there is probable cause.
B) Yes, Officer Oliver can make a legal arrest as long as an eye witness reported the crime.
C) No, Officer Oliver cannot make a legal arrest because the misdemeanor was not committed in his presence.
D) No, Officer Oliver cannot make a legal arrest for any crime that was not committed in his presence.

Question 53

Jack was hanging out in a gang-infested neighborhood. Officer Knight watched Jack walk up to a car in the parking lot of a fast-food place. From where Officer Knight's police car was located about 50 feet away, it looked like Jack had started an argument with the driver of the car. Officer Knight exited his car and walked rapidly toward Jack. When he was 10 feet away, he yelled at Jack to step back from the car and put his hands up. Jack took one look at Officer Knight and ran the other direction. Officer Knight saw an unidentified object in Jack's hand that he thought might be used as a weapon, so he fired two shots. One shot missed but the other struck Jack in the leg. Immediately after arriving at the spot where Jack fell, Officer Knight searched him and found 3 baggies of marijuana in his pocket. Did Officer Knight have the right to search Jack's pockets?

A) Yes, Officer Knight can do a complete search of Jack immediately after arresting him.
B) Yes, Officer Knight had reasonable suspicion Jack planned to physically attack the man in the car.
C) No, Officer Knight must render first aid before arresting Jack.
D) No, Officer Knight had no reason to believe Jack had marijuana in his pocket.

Question 54

Explain an officer's rights based on Terry v. Ohio : (1) search a person; and (2) search a vehicle the person was in when stopped.

Question 55

Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Was the seizure of the magazine containing child pornography a valid booking search?

A) Yes, Officer Randall is allowed to search everything that a person has in his or her possession at the time of booking.
B) Yes, Officer Randall is required to make an itemized inventory everything that is taken from a person at the time of booking.
C) No, Officer Randall is not allowed to search the backpack because the search should have been done by Officer Oliver at the time Pat was arrested.
D) No, Officer Randall had the authority to take the backpack and place it in the inmate property room but he did not have the right to search it.