Deck 6: Police and the Constitution the Rules of Law Enforcement

Question 1

One of the critical legal concepts of the Fourth Amendment is the prohibition against _____.

A) unreasonable searches and seizures
B) establishing probable cause
C) the inevitable discovery exception
D) corporal punishment

Answer 1

A

Question 2

When police are conducting a search or seizure, they:

A) must be reasonable.
B) have absolute discretion.
C) can apply probable cause retroactively.
D) must not carry arms.

Answer 2

A

Question 3

Before going to a judge to ask for a search warrant, law enforcement officers must prepare a(n) _____ in which they provide specific, written information on the property that they wish to search and seize.

A) deposition
B) affidavit
C) injunction
D) apostille

Answer 3

B

Question 4

To acquire a search warrant, a law enforcement officer must:

A) have information showing probable cause that a crime has been or will be committed.
B) first arrest the suspect.
C) gather information that shows the age, intelligence, and physical condition of the suspect.
D) get the consent from the individual who must be searched.

Question 5

According to the Fourth Amendment, a search warrant must:

A) be transferable among bordering states if a suspected criminal is out of jurisdiction.
B) be used for searches and seizures within five days of issuing.
C) describe with particularity the place to be searched and the things to be seized.
D) have a clause to apply probable cause retroactively.

Question 6

Under the private search doctrine, _____.

A) an officer is allowed to conduct a search based on suspicion
B) an individual can seek privacy only within the confines of his or her dwelling
C) even after a private search has taken place, the owner of the searched items can have a reasonable expectation of privacy
D) law enforcement officers do not need a warrant to go through personal items that have already been searched by a third-party civilian

Question 7

To understand the rules for policing set down in the U.S. Constitution and enforced by the courts, law enforcement officers must understand _____.

A) the Seventeenth Amendment
B) the Eleventh Amendment
C) the Fourth Amendment
D) the First Amendment

Question 8

Which of the following statements is true about the Supreme Court ruling in Rodriguez v. United States ?

A) The Court ruled that the Nebraska police officer had overstepped the boundaries of his authority.
B) The Court held that the judicial determination of probable cause must be made within forty-eight hours after the arrest.
C) The Court ruled that the Nebraska police officer had the right to search Rodriguez's vehicle without a warrant on the grounds of probable cause.
D) The Court held that the Fourth Amendment protects people, not vehicles, houses, papers, and effects.

Question 9

Which of the following statements is true of the private search doctrine?

A) A private search eliminates an owner's reasonable expectation of privacy regarding the object searched.
B) An individual loses the right to privacy once he or she has committed a heinous crime.
C) An individual may seek privacy only within the confines of his or her dwelling.
D) A private search does not eliminate the need to establish a probable cause to secure a search warrant.

Question 10

In the context of the rules of law enforcement, a(n) _____ is the act of taking possession of a person or property by the government because of a (suspected) violation of the law.

A) deposition
B) seizure
C) injunction
D) frisk

Question 11

Which of the following is a component of the two-pronged test set by Justice John Harlan, Jr., for a person's expectation of privacy?

A) An individual must prove that he or she expected privacy.
B) Society's recognition of expectation of privacy as reasonable or unreasonable is irrelevant.
C) An individual may not seek privacy in a public place.
D) A person can expect privacy even if evidence is in plain view.

Question 12

Which of the following statements is true of the burden of probable cause?

A) It cannot be established on the basis of information from an informant.
B) It requires more than mere suspicion on a police officer's part.
C) It prohibits the use of an affidavit before seeking a search warrant.
D) It requires police officers to obtain a warrant for consent searches.

Question 13

Among the sources that can establish probable cause, _____ is generally inadequate.

A) evidence in plain view
B) information
C) association
D) personal observation

Question 14

Seth, a law enforcement officer, suspected a person to be guilty of burglary. He found an eyewitness who saw the suspect leaving the burgled property. The declaration by the witness was enough to establish probable cause for a search warrant. In the given scenario, which of the following sources of probable cause did Seth use?

A) Information
B) Personal observation
C) Evidence
D) Association

Question 15

Brian, a police officer, acquired a search warrant for a man named Jacob. During the search, Brian found drugs in Jacob's house. However, Brian later found out that the warrant was for another man with the same name. A computer error had caused the mix-up, and at the time of the search, Brian was unaware of the error. The Court allowed the drug to be used as evidence although the warrant was technically invalid. The given scenario best exemplifies the _____.

A) "inevitable discovery" exception
B) exclusionary rule
C) plain view doctrine
D) "good faith" exception

Question 16

Which of the following is a critical legal concept pertaining to the Fourth Amendment?

A) The inevitable discovery exception
B) The requirement of a warrant for consent searches
C) The good faith exception
D) The requirement of probable cause to issue a warrant

Question 17

Historically, the courts have looked to the _____ for guidance in regulating the activity of law enforcement officers.

A) First Amendment
B) Fourth Amendment
C) Eleventh Amendment
D) Eighteenth Amendment

Question 18

In the context of the rules of law enforcement, a search is:

A) a governmental intrusion on a citizen's reasonable expectation of privacy.
B) the act of taking possession of a person or property by the government because of a violation of the law.
C) a brief detention of a person by law enforcement agents for questioning.
D) the act of apprehending a suspect for the purpose of detaining him or her on a criminal charge.

Question 19

The recognized standard for a "reasonable expectation of privacy" was established in:

A) United States v. Robinson (1973).
B) Chimel v. California (1969).
C) Katz v. United States (1967).
D) Carroll v. United States (1925).

Question 20

Simon is a homicide detective. While working on a case, he seized a knife from the defendant's house during an unwarranted search. His suspicion that the knife was the murder weapon was proved right by the lab results. However, because Simon failed to establish probable cause before conducting the search, the court did not allow the knife to be submitted as evidence. In the given scenario, the court most likely exercised the _____.

A) inevitable discovery exception
B) exclusionary rule
C) good faith exception
D) plain view doctrine

Question 21

Justin, a cop, stopped a car that was speeding on the freeway. When he approached the car, he saw a couple of vials of marijuana kept on the passenger seat. Justin asked the driver to step out of the vehicle and seized the vials from the car. In the given scenario, Justin did not possess a warrant, but his act of seizing the vials is justified under the _____.

A) automobile exception
B) exclusionary rule
C) good faith exception
D) plain view doctrine

Question 22

The precedent for the ever-elusive definition of a "reasonable" suspicion in stop-and-frisk situations was established in _____.

A) Davis v. United States (1994)
B) Maryland v. Wilson (1997)
C) Miranda v. Arizona (1966)
D) Terry v. Ohio (1968)

Question 23

For a warrant for electronic surveillance to be valid, it:

A) does not need to show probable cause.
B) must name the technicians who will monitor the surveillance.
C) must detail with particularity the conversations that are to be overheard.
D) does not need to name the suspects as long as it names the places that will be under surveillance.

Question 24

_____ is a necessary part of an arrest that is considered to have occurred when an individual submits to the control of an officer either peacefully or under the threat or use of force.

A) Acquittal
B) Incrimination
C) Entrapment
D) Detention

Question 25

The Constitution, as interpreted by American courts, provides very little protection to evidence _____.

A) possessed by a witness
B) that is clear and convincing
C) in plain view
D) obtained illegally

Question 26

According to criminal justice professor Rolando V. del Carmen of Sam Houston State University, which of the following elements must be present for an arrest to take place?

A) The intent to arrest
B) The previous arrest record of the arrestee
C) The physical evidence pertinent to the crime
D) The consent of the arrestee

Question 27

Which of the following is established by the Fourth Amendment with regard to searches of automobiles?

A) Officers must obtain the consent of the driver before searching his or her automobile even if they have obtained a warrant for the search.
B) Officers do not require a warrant to search an automobile if they have probable cause to believe that it contains contraband.
C) Individuals caught for speeding will have to submit their vehicles for inspection without a warrant.
D) Individuals in a vehicle have the same reasonable expectation of privacy as someone at home.

Question 28

According to justices hearing the case of the discovery of 128 pounds of marijuana in a minivan in Arizona in 2002, which of the following police duties is part of the totality of the circumstances?

A) The need to electronically monitor specific dwellings
B) The need to exclude the elderly from routine stops
C) The need to prevent terrorist attacks
D) The need to give privacy to individuals at work

Question 29

In which of the following cases was the plain view doctrine first put forward by the Supreme Court?

A) Burger v. New York (1967)
B) Terry v. Ohio (1968)
C) Coolidge v. New Hampshire (1971)
D) Wilson v. Arkansas (1995)

Question 30

In general, law enforcement officers can use electronic surveillance only:

A) if the concerned parties refuse to agree for a consent search.
B) if the parties to be monitored are suspected of drug dealing.
C) if the judge refused to issue warrant on the basis of officers' suspicion.
D) if consent is given by one of the parties to be monitored.

Question 31

In which of the following cases can a police officer frisk an individual?

A) When the officer feels that frisking may reveal incriminating evidence
B) When the officer stops an individual at a public place
C) When the officer suspects that the individual is carrying drugs
D) When the officer is justified in thinking that the safety of police officers may be jeopardized

Question 32

In the context of searches with consent, which of the following is one of the most relevant factors in determining whether consent is voluntary?

A) The officers' belief that the location to be searched contains evidence
B) The length of the questioning and its location
C) The particularity of the conversations that are overheard
D) The type of offense committed in the presence of an officer

Question 33

Benjamin, a law enforcement officer, stops a car he suspects may have been involved in a hit-and-run case. The man driving the car pleads the Fifth Amendment. Which of the following does Benjamin have the right to do until further investigation?

A) Ask the driver to identify himself
B) Keep the driver in protective custody until a warrant can be obtained
C) Frisk the driver on grounds of suspicion
D) Arrest the driver for interrogation

Question 34

Devices that allow law enforcement agencies to expand their capabilities without a significant increase in personnel are known as _____.

A) task forces
B) force multipliers
C) rapid action forces
D) enforcers

Question 35

According to the ruling in California v. Riley (2014), the police:

A) can search cell phones as they are covered by the plain view doctrine.
B) do not need to establish probable cause before engaging in cell phone searches.
C) need a warrant before engaging in cell phone searches.
D) do not need the consent of a cell phone owner to conduct cell phone searches.

Question 36

In which of the following situations does the Fourth Amendment protect privacy?

A) When an officer uses a thermal imager to view items in a dwelling
B) When an individual is at a railway station with his luggage
C) When an individual discards certain goods by leaving it in a public place
D) When an officer finds incriminating evidence during a consent search

Question 37

In the context of searches incidental to arrests, which of the following is a police officer authorized to search without a warrant or additional probable cause?

A) A passenger traveling with a person who is a suspect
B) A group of individuals working at a suspect's workplace in his or her absence
C) A suspect's vehicle that is parked inside another person's house
D) An area within a suspect's immediate control

Question 38

Which of the following is an important circumstance in which a warrant is not needed?

A) When the police conduct consent searches
B) When the police have a suspicion
C) When the police conduct seizures
D) When the police search a suspect in a public place

Question 39

In the years since the Terry v. Ohio (1968) case was decided, the Court has settled on _____ to determine whether a stop is based on reasonable suspicion.

A) a totality of the circumstances test
B) the inevitable discovery exception
C) the exclusionary rule
D) a "good faith" exception

Question 40

Which of the following is a difference between a stop and an arrest?

A) A stop requires probable cause, whereas an arrest can be justified by reasonable suspicion.
B) An arrest is the act of apprehending a suspect for the purpose of detaining him or her, whereas a stop is a relatively brief intrusion on a citizen's rights.
C) A stop requires a warrant, whereas an arrest can be made without a warrant.
D) An officer intends to investigate suspicious activity during an arrest, whereas he or she intends to make a formal charge during a stop.

Question 41

_____ are situations in which law enforcement officers need not announce themselves before entering a dwelling, such as when they have a reasonable belief that a felony is being committed at the time of entering.

A) Exigent circumstances
B) Emergent circumstances
C) Total circumstances
D) Inevitable circumstances

Question 42

Which of the following aspects of a criminal investigation is strongly affected by the Miranda warning?

A) The seizure
B) The interrogation
C) The confiscation of evidence
D) The search

Question 43

In _____, the Court upheld the conviction of a suspect who claimed that he had invoked his Miranda rights by being mostly silent during questioning.

A) Berghuis v. Thompkins (2010)
B) Florida v. Jardines (2013)
C) Riverside v. McLaughlin (1991)
D) Brewer v. Williams (1977)

Question 44

In the context of interrogation, an admission refers to a:

A) statement in which the subject admits to committing the crime.
B) statement verifying information about some aspect of the underlying crime.
C) person's understanding that an arrest has taken place.
D) false confession by a person.

Question 45

Jason, a detective, obtained an arrest warrant for Warren. Jason went to Warren's house to take him into custody. Jason knocked at the door and announced his arrival several times. He then heard gun shots inside the house, and he broke in. In the given scenario, Jason's breaking in was admissible under _____.

A) the exclusionary rule
B) the inevitable discovery exception
C) exigent circumstances
D) mitigating circumstances

Question 46

Michelle, a homicide detective, is working on a murder case. She finds some information in the case file that leads her to suspect Derek, the victim's boyfriend. However, when she brings him in for interrogation, he refuses to answer any questions in the absence of his lawyer. In the given scenario, Derek is most likely exercising his _____.

A) Miranda rights
B) right to privacy
C) Garrity Rights
D) right to petition

Question 47

Which of the following statements is true about the Miranda warning?

A) It is not required during a stop and frisk, when no arrest has been made.
B) It is not required before a custodial interrogation takes place.
C) It is required when a person volunteers information before the police have asked a question.
D) It is required when the police are questioning witnesses at the scene of a crime.

Question 48

In which of the following cases can a law enforcement officer make a warrantless arrest?

A) When the suspect refuses to submit to a frisk during a routine traffic stop
B) When the officer suspects that the suspect is going to commit a crime in the near future
C) When the arrest warrant has been denied by a judge
D) When the offense is committed in the presence of the officer

Question 49

Which of the following is the recommended waiting period for police officers to enter a dwelling after knocking and announcing?

A) Three to five seconds
B) Fifteen to twenty seconds
C) At least three minutes
D) At least five minutes

Question 50

Which of the following has been offered as a means to promote police accountability?

A) The mandatory videotaping of interrogations
B) The mandatory wait period after knocking and announcing
C) The use of force multipliers
D) The good faith exception

Question 51

Who among the following has the authority to issue an arrest warrant?

A) Magistrates
B) Division chiefs
C) Commanders
D) Sheriffs

Question 52

In Hudson v. Michigan (2006), Detroit police did not knock before entering the defendant's home with a warrant. Instead, they announced themselves and waited for only three to five seconds before making their entrance. In this case, the Court stated that:

A) the search was inadmissible because the officers were not in hot pursuit.
B) improper knock and announce is not enough to disqualify evidence uncovered on the basis of a valid search warrant.
C) improper knock and announce is unreasonable enough to provide defendants with immunity under the Fourth Amendment.
D) because of exigent circumstances, the police officers did not need to announce themselves.

Question 53

According to law professor H. Richard Uviller, which of the following provides the basis for the Miranda rights?

A) Inherent coercion
B) Defamation
C) Exigent circumstances
D) Propaganda

Question 54

Which of the following was ruled by the Supreme Court as a result of the Miranda case?

A) A Miranda warning is not required if the police ask the suspect questions that are testimonial in nature.
B) Suspects can be seated in interrogation rooms for a few hours before questioning.
C) Every suspect needs protection from coercion.
D) Confessions are invalid if the suspect is aware of the Miranda warning.

Question 55

Brent, a police officer, has taken a suspect for interrogation after giving him the Miranda warning. The suspect invokes his Miranda rights and refuses to answer any questions. In the given scenario, Brent should:

A) release the suspect from custody until an attorney arrives.
B) immediately stop questioning the suspect.
C) use psychological duress to obtain a confession.
D) force him to confess.

Question 56

Which of the following statements best describes compliant false confessions?

A) A suspect is seeking attention or is delusional and thinks he or she did commit the crime.
B) A suspect is vaguely associated with a crime and gives false testimony against someone else.
C) A suspect is a vulnerable person-suffering from the stress of the interrogation-who comes to believe that he or she committed the crime.
D) A suspect knows he or she is innocent but decides-under police influence-that it is in his or her best interests to confess to the crime.

Question 57

Generally, Miranda requirements apply only when:

A) a suspect is forcefully detained or perceives that he or she is not free to leave the immediate vicinity.
B) the police have not focused on a suspect and are questioning witnesses at the scene of a crime.
C) a person volunteers information before the police have asked a question.
D) a person has been stopped and frisked without being arrested.

Question 58

Which of the following statements is true of an arrest warrant?

A) It does not give law enforcement officers the authority to enter a dwelling without first announcing themselves.
B) It does not require probable cause and can be issued based on the existing criminal record of a suspect.
C) It does not need to be specific about how many people will be arrested.
D) It does not specify the crime a person is suspected of having committed.

Question 59

Which of the following statements best describes internalized false confessions?

A) A suspect is seeking attention or is delusional and thinks he or she did commit the crime.
B) A suspect is vaguely associated with a crime and decides to take complete responsibility.
C) A suspect is a vulnerable person who comes to believe that he or she committed the crime.
D) A suspect knows he or she is innocent but decides that it is in his or her best interests to confess to the crime.

Question 60

For _____, the crime must have been committed in the presence of an officer for a warrantless arrest to be valid.

A) misdemeanors
B) arson
C) felonies
D) larceny

Question 61

Explain the exclusionary rule and the fruit of the poisoned tree. How do they impact police officers' investigations?

Question 62

In 2009, the Court extended the "stop-and-frisk" authority by ruling that a police officer could order a passenger in a car that had been pulled over for a traffic violation to submit to a pat-down.

Question 63

Taking steps to protect one's privacy is enough to protect against law enforcement intrusion.

Question 64

In Rodriguez v. United States , the Supreme Court ruled that the search had been reasonable under the Fourth Amendment's rules regarding searches and seizures.

Question 65

In California v. Greenwood (1988), the Supreme Court believed that the suspect had a reasonable expectation of privacy when it came to his garbage bags.

Question 66

What is a Miranda warning? List the situations in which a Miranda warning is not required.

Question 67

Warrantless searches and seizures can be lawful when police are in "hot pursuit" of a subject.

Question 68

As a general rule, officers cannot make a warrantless arrest for a crime they did not see even if they have probable cause to believe that a felony has been committed.

Question 69

According to criminal justice professor Rolando V. del Carmen, what are the four elements that must be present for an arrest to take place?

Question 70

Thermal imagers cannot measure invisible levels of infrared radiation.

Question 71

Probable cause can be retroactively applied.

Question 72

Describe the Reid technique, and explain the three general types of false confessions suggested by Saul Kassin.

Question 73

Describe the use of force multipliers in electronic surveillance.

Question 74

One of the implications of the exclusionary rule is that it forces police to gather evidence properly.

Question 75

Police officers cannot stop and frisk a suspect without a warrant even if reasonable suspicion exists.

Question 76

The drafters of the Bill of Rights specifically wanted law enforcement officers to have the freedom to make general, exploratory searches through a person's belongings.

Question 77

Generally, association is adequate to establish probable cause.