Deck 8: Policing Within the Law

Question 1

According to the text, when a search is conducted with consent,

A) the consent must be free and voluntary.
B) the consent may be in response to a claim of lawful authority to search.
C) the search may be general.
D) the consent must be free and voluntary, the consent may be in response to a claim of lawful authority to search, and the search may be general.
E) none of these choices.

Answer 1

A

Question 2

A law enforcement officer is legally justified to search if

A) no warrant has been issued but the search is incidental to a lawful arrest.
B) no warrant has been issued but consent is given.
C) a search warrant has been issued.
D) all of these choices.

Answer 2

D

Question 3

When police officers detain a suspect with less than probable cause,

A) it is always unconstitutional.
B) it is an illegal seizure.
C) it is called a detention.
D) it is always unconstitutional and it is an illegal seizure.
E) none of these choices.

Answer 3

C

Question 4

A stop is also called

A) a field inquiry.
B) an arrest.
C) a protective sweep.
D) a field inquiry, an arrest, or a protective sweep.
E) none of these choices.

Question 5

Reasonable means

A) logical.
B) justifiable.
C) sensible.
D) logical, justifiable, and sensible.
E) none of these choices.

Question 6

Which of the following is considered a forced entry?

A) opening an apartment door with a passkey given by a caretaker
B) opening a closed but unlocked door or window
C) breaking an inner or outer door or window
D) all of these choices

Question 7

Informational probable cause can be established from information garnered from

A) police informants.
B) police broadcasts.
C) police bulletins.
D) crime victims.
E) all of these choices.

Question 8

The key to creating voluntary contact with citizens is

A) requesting cooperation.
B) establishing rapport.
C) police appearance.
D) none of these choices.

Question 9

The precedent for a warrantless search of an automobile resulted from

A) Carroll v. United States.
B) Miranda v. Arizona.
C) Terry v. Ohio.
D) Mapp v. Ohio.
E) Chimel v. California.

Question 10

Probable cause is based primarily on

A) observations by officers.
B) officer experiences.
C) circumstantial factors.
D) information communicated to officers.
E) all of these choices.

Question 11

The major categories of informational probable cause include

A) information forwarded by police to another police agency.
B) victims of crimes.
C) informants.
D) witnesses.
E) all of these choices.

Question 12

Suspects can waive their rights against self-incrimination and talk to police officers if which of the following conditions is met?

A) The waiver must be voluntary.
B) The waiver must be preceded by the Miranda warning.
C) The suspect must fully understand what rights are being given up.
D) The suspect must understand the possible consequences of waiving the rights.
E) All of the other choices.

Question 13

The____________ allows police to question suspects without first giving the Miranda warning.

A) exclusionary rule
B) public safety exception
C) probable cause doctrine
D) pretext stop
E) There is no such provision-police must always give the Miranda warning before questioning suspects.

Question 14

A search conducted with a warrant must be

A) limited to a specified area.
B) limited to the suspect's possessions.
C) conducted only by the officer requesting the warrant.
D) limited to both a specified area and the suspect's possessions.
E) all of these choices.

Question 15

Preferably, all searches are to be made

A) incidental to a lawful arrest.
B) under authority of a warrant.
C) with consent.
D) incidental to a lawful arrest, under authority of a warrant, and with consent.
E) none of these choices.

Question 16

The basic legal considerations in a "stop and frisk" situation were set forth in the landmark Supreme Court decision of

A) Chambers v. Maroney.
B) Terry v. Ohio.
C) Miranda v. Arizona.
D) United States v. Ash, Jr.
E) Mapp v. Ohio.

Question 17

Which of the following statements is true regarding warrantless arrests?

A) Police may make a warrantless arrest for public offenses.
B) Police may make a warrantless arrest for felonies not committed in their presence if they have probable cause.
C) Police may not enter a dwelling to arrest without a warrant.
D) All of these choices are true.

Question 18

To be constitutional, searches and seizures must be based on

A) inference.
B) fact.
C) suspicion.
D) reasonable doubt.
E) probable cause.

Question 19

Sobriety checkpoints are a form of

A) stop.
B) seizure.
C) arrest.
D) stop, seizure, and arrest.
E) none of these choices.

Question 20

Which type of checkpoint was not upheld by the U.S. Supreme Court?

A) sobriety checkpoints
B) border checkpoints
C) informational checkpoints
D) drug checkpoints

Question 21

The first part of the Fourth Amendment is called the "____________ " clause.

A) reasonable search and seizure
B) warrant
C) mere suspicion
D) exclusionary
E) circumstantial

Question 22

Plain view and the plain view doctrine are the same.

Question 23

The "harmless error" doctrine applies to cases involving the admissibility of

A) evidence obtained without a warrant.
B) fingerprints left at the scene.
C) rumors.
D) involuntary confessions.
E) evidence obtained through entrapment.

Question 24

The right to search an automobile depends on

A) probable cause for believing the contents violate the law.
B) the right to arrest the driver.
C) the right to arrest an occupant.
D) probable cause for believing the contents violate the law, the right to arrest the driver, and the right to arrest an occupant.
E) none of these choices.

Question 25

A protective sweep is the same as a search incident to arrest.

Question 26

A search warrant will normally require the officers to knock and announce themselves.

Question 27

The intent of "stop and frisk" is governed by the____________  Amendment.

A) First
B) Second
C) Fourth
D) Fifth
E) Sixth

Question 28

Nighttime and no-knock refer to

A) advice given by the prosecutor on when and how to serve a warrant.
B) recommendations by a magistrate on when or how to serve a warrant.
C) special provisions contained in search warrants.
D) advice or recommendations by either the prosecutor or a magistrate on when and how to serve a warrant.
E) none of these choices.

Question 29

The Miranda warning must be given to

A) persons before initial interviews by a polygraph examiner.
B) persons before being interviewed by a probation or parole officer.
C) suspects who are interrogated in the custody of the police.
D) persons before initial interviews by a polygraph examiner, persons before being interviewed by a probation or parole officer, and suspects who are interrogated in the custody of the police.
E) none of these choices.

Question 30

A basic responsibility of police officers is investigating suspicious behavior.

Question 31

Complete and otherwise credible information from an eyewitness, based on personal knowledge, is generally sufficient to establish probable cause.

Question 32

A protective sweep is intended to protect

A) the arresting officer from the danger posed by the arrestee.
B) destructible evidence.
C) the arresting officer from danger posed by unknown third parties.
D) all of these choices.

Question 33

The concept of probable cause is an American invention and is a little more than 200 years old.

Question 34

________________________established that the rule of mobility cannot be applied unless there is actually a risk that the vehicle will be moved.

A) Coolidge v. New Hampshire
B) Carroll v. United States
C) Terry v. Ohio
D) United States v. Ash, Jr.
E) New York v. Belton

Question 35

Searches are intended to obtain incriminating evidence.

Question 36

Officers should generally seek voluntary consent to search at night.

Question 37

A protective search for weapons is known as

A) an arrest.
B) a score.
C) a general search.
D) a seizure search.
E) a "stop and frisk."

Question 38

A stop is also called a threshold inquiry.

Question 39

The authority to "stop and frisk" is

A) independent of the power of arrest.
B) dependent on the power to arrest.
C) inherent in the Sixth Amendment.
D) independent of the power of arrest and inherent in the Sixth Amendment.
E) none of these choices.

Question 40

Once consent to search is given, it may not be withdrawn until officers are satisfied with their findings.

Question 41

Explain the differences and similarities between a stop, a frisk, a search, a seizure, and an arrest.

Question 42

Outline and discuss the basic principles that underlie stop and frisk, and the differences that distinguish them.

Question 43

A magistrate is also called a(n)____________ .

Question 44

What are the principal justifications established by the courts for the right to search? When are anticipatory warrants valid? When is an unannounced entry into a dwelling or building by force lawful? List the three situations and conditions in which an officer may conduct a search without first obtaining a warrant.

Question 45

What impact did Virginia v. Moore have on lawful arrests? Briefly describe the four elements of a criminal arrest.

Question 46

What are the four factors specified by the Supreme Court in United States v. Dunn to consider in determining if an area is within a home's curtilage? What impact, if any, does a "No Trespassing" sign and a locked gate have on the open fields doctrine? What is a test for a reasonable expectation of privacy? Do you agree with the court's determination?

Question 47

A search____________  is an order issued by a judge with jurisdiction in the area where the search is to be made.

Question 48

The defense of____________  comes into play when the government's deception actually implants the criminal design in the mind of the defendant.

Question 49

Outline and discuss the justifications set forth by the courts for reasonable searches.

Question 50

List and discuss the special conditions applied to searches of vehicles.

Question 51

The court's definition of____________  is that area within the person's reach, also called the person's wingspan.

Question 52

Compare and contrast the various kinds of probable cause. Give examples of each.

Question 53

The____________  must accept the burden of proof when items not specified in the warrant are seized.

Question 54

The courts have recognized the need for exceptions to a search warrant where _______________is involved, as in the cases with automobiles.

Question 55

The____________  stipulates that lawful arrests require an arrest warrant.

Question 56

The constitutional standards for searches and seizures, including arrests, are contained in the_________________ Amendment.

Question 57

________________________is anything illegal to own or have in one's possession, such as heroin or a machine gun.

Question 58

All warrants must be based on____________  .

Question 59

What is a "stop and frisk"? When is a frisk justifiable? Discuss two key court cases that have clarified when police can and cannot execute a lawful "stop and frisk."

Question 60

Contrast the terms "reasonable cause" and "probable cause." What is the court case that set the legal standard for reasonable suspicion? What is the primary reason that reasonable suspicion is used by law enforcement? What can probable cause be based on?