Chapter 8 Police and Constitutional Law

all of these are true concerning search warrants

- Police officers must provide reliable information when obtaining a search warrant. - Police must show probable cause. - Judges issue search warrants based on information provided by the police.

The search and seizure clause is found in the ____________________ Amendment

4th

In a search incident to a lawful arrest, the arrested person has waived her ____________________ rights.

4th amendment

Criminal defendants' rights are found in the ____________________.

Bill of Rights

The U.S. Supreme Court repeated its endorsement of the Miranda requirements in

Dickerson v. United States (2000).

Who wrote the U.S. Supreme Court's opinion in Miranda v. Arizona (1966)?

Earl Warren

Which two decisions by the U.S. Supreme Court laid the foundation for Miranda v. Arizona (1966)?

Escobedo v. Illinois (1964) and Massiah v. United States (1964)

Which of the following does not allow the use of the exclusionary rule?

Grand jury proceeding

The U.S. Supreme Court ruled in _______________ that when officers act in good faith reliance on computerized records concerning outstanding warrants, evidence found in a search incident to arrest is admissible, even if the arrest was based on an erroneous record that wrongly indicated the existence of a warrant.

Herring v united States

How did the U.S. Supreme Court rule in the recent Arizona v. Gant case on searches?

It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search.

The U.S. Supreme Court established that criminal defendants must be read their rights in

Miranda v. Arizona (1966).

The following is not a factor in determining if suspicion exists to justify a search by a Custom and Border Patrol officer?

Native language

this statement is false concerning search warrants

Police officers do need a search warrant, even if a person waives his or her Fourth Amendment rights.

Which is not part of the Miranda warnings?

The right to a speedy trial

The U.S. Supreme Court applied the Fourth Amendment to the states in

Wolf v. Colorado (1949).

Detective Omara is working on an active sexual assault case. She recently received DNA results from the lab. The results specifically pinpoint the person of interest as the suspect. Detective Omara has obtained an arrest warrant and is hoping that the suspect will give a full confession. Detective Omara is going to take the suspect into custody, where the suspect will be held against his will. This is known as a(n)_______.

arrest

The U.S. Supreme Court ruling in Oliver v. United States (1984) limited the open fields doctrine to the ____________________, or the yard area immediately surrounding the home.

curtilage

Officer Goldman responds to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on the scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect, who is holding a semiautomatic rifle. They command the suspect to drop his weapon and the suspect complies. Officer Goldman arrests the suspect and searches him. Officer Goldman was able to immediately enter the home without obtaining a warrant because of

exigent circumstances

Officers can make an arrest without a warrant when there are ____________, which means that officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to court to seek a warrant.

exigent circumstances

Miranda warnings must be issued in written form and signed or initialed by the suspect.

false

Miranda warnings were established by the U.S. Supreme Court in Weeks v. United States (1914).

false

Police cannot rely on smell as a sense in conducting a warrantless search.

false

Stops must be justified by probable cause.

false

The Fourth Amendment requires that reasonable suspicion be established before a warrant is provided.

false

Unexplained bulges in clothing or awkwardness in walking are examples of behavioral analysis.

false

When officers are in hot pursuit of a fleeing suspected felon, they need to stop to seek a warrant even if that creates a risk that the suspect will escape.

false

According to the ___________ doctrine, officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house.

open fields

Hester v. United States (1924) established the __________.

open fields doctrine.

Under the plain view doctrine, the expectation of __________ is limited.

privacy

Officer Goldman responds to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on the scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect, who is holding a semiautomatic rifle. They command the suspect to drop his weapon and the suspect complies. Officer Goldman arrests the suspect and searches him. Which aspect of the law allowed the officer to enter the house?

probable cause

When an urgent situation of significant social importance outweighs the necessity of respecting individuals' rights, this is referred to as the _______ exception.

public safety

Individuals' ____________ is a standard developed for determining whether a government intrusion of a person or property constitutes a search because it interferes with individual interests that are normally protected from government intrusion.

reasonable expectation of privacy

Officer Goldman responds to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on the scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect, who is holding a semiautomatic rifle. They command the suspect to drop his weapon and the suspect complies. Officer Goldman arrests the suspect and searches him. After the suspect was taken into custody and the victims were taken to receive medical care, Officer Goldman's partners most likely would need to obtain a(n) _________ to collect all the remaining evidence to prosecute the case

search warrant

____________________ are examinations of and hunts for evidence that intrude upon people's reasonable expectations of privacy.

searches

Detective Omara is working on an active sexual assault case. She recently received DNA results from the lab. The results specifically pinpoint the person of interest as the suspect. Detective Omara has obtained an arrest warrant and is hoping that the suspect will give a full confession. Detective Omara is going to take the suspect into custody, where the suspect will be held against his will. Detective Omara must inform the suspect of his right to have an attorney present during the interrogation. The suspect can claim his constitutional right against ____________ when Detective Omara interrogates him.

self-incrimination

In Terry v. Ohio (1968), the Supreme Court created an exception for ____________________.

stop-and-frisk

During a traffic stop, officers can order passengers as well as the driver to exit the vehicle even if there is no basis for _______ that the passengers are engaged in any wrongdoing.

suspicion

A police officer would likely need a warrant for searches not conducted in plain view.

true

Chief Justice Earl Warren established a strict code of conduct for police officers handling criminal defendants.

true

If an individual voluntarily stops to speak with an officer, he has not been "seized" because he is free to move along whenever he chooses.

true

If an officer smells marijuana and sees smoke pouring out of a car window, she may search the car without a warrant.

true

Miranda warnings have had serious implications for law enforcement and the techniques used for interrogation.

true

Police officers need to obtain a warrant before searching the trunk of a car.

true

The New York v. Quarles case (1984) gives discretion to officers in reading Miranda warnings to arrested individuals.

true

The Supreme Court ruled in Chimel v. California (1969) that, in order to preserve evidence and protect the safety of the officer and the public after a lawful arrest, the arrestee and the immediate area around the arrestee may be searched for weapons and criminal evidence.

true