Chapter 8 Review Criminal Justice 1

Which search falls outside of the protection of the plain view doctrine? a. The use of thermal imaging devices to search for marijuana in a suspect's house of garage b. Peering through hedges and around fences c. The use of high-altitude aircraft to search open fields d. The use of low-altitude helicopters to search open fields e. Visually identifying a gun in a lawfully stopped vehicle

a. The use of thermal imaging devices to search for marijuana in a suspect's house or garage

A(n) ___________ occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense.

arrest

Which is not a condition necessary for a legal arrest? a. The suspect believes that he/she is in the custody of the police and not free to leave. b. The suspect admits to a crime c. The police officer deprives the individual of freedom. d. The suspect consents to an interrogation. e. The officer believes that probable cause exists to show that a crime was committed.

b. The suspect admits to a crime.

Which is not a procedural step that must be followed when a warrant is served? a. Use appropriate force b. Pay attention to time constraints with search warrants c. Allow news reporters access to the scene d. Keep property damage to a minimum e. Knock and announce

c. Allow news reporters access to the scene

A search warrant or arrest warrant can be both acquired and issued based solely on reasonable suspicion.

False

A warrant cannot be issued unless it is based on reasonable suspicion.

False

As a private citizen, a person could enter someone else's property and search for contraband without triggering Fourth Amendment prohibitions.

False

If a suspect asserts their Miranda Rights during interrogation and tells the police he or she wants an attorney, questioning may continue until the attorney arrives.

False

Suspects subjected to custodial interrogation do not have to be advised of their Fifth Amendment privilege against self-incrimination.

False

The legality of a search conducted incident to a lawful arrest is almost entirely contingent upon the legality of the arrest itself (i.e., if the arrest is invalidated (illegal), so is the search)

False

To establish probable cause, the police must provide the judge or magistrate with articulable facts in the form of written affidavit

False

The principle that a suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect the public safety is called the:

Public Safety Doctrine

The situation in which police officers who are suspicious of an individual run their hands lightly over the suspects outer garments to determine whether the person is carrying a concealed weapon was found constitutional in the court case of:

Terry v. Ohio (1968)

_________is not mandated by Miranda v. Arizona (1966).

The right to face one's accuser

A misdemeanor needs to occur in the officer's presence for the arrest to be valid.

True

Aerial flyover of a property does not constitute a search, according to the U.S. Supreme Court.

True

During the service of a search warrant, contraband not listed in the warrant can be legally seized as long as it is in plain sight.

True

Exigent (emergency) circumstances in which a search warrant is not required may include hot pursuits, escapes, and threats to evidence.

True

In 1961, the courts made the exclusionary rule applicable to the state courts in the landmark decision of Mapp v. Ohio

True

In the Terry v. Ohio case, the Supreme Court established that it is legal for a police officer to pat down (frisk) a suspect to check for weapons.

True

In the interest of officer safety, officers are able to execute a "no knock" warrant in certain high-risk situations.

True

Neither a search warrant nor an arrest warrant can be issued without the signature of a neutral magistrate or judge.

True

The Fourth Amendment is part of the first ten amendments known as the Bill of Rights.

True

The Patriot Act limited the number of criminal statutes (laws) for which wiretaps can be authorized.

True

The Supreme Court case Katz v. United States decided that officers need a search warrant to eavesdrop on phone conversations where individuals have an expectation of privacy.

True

The commission of a crime in an officer's presence usually negates the requirement for an arrest or search warrant.

True

Which statement is true of plain view search and seizure? a. There are no restrictions on plain view search and seizures b. Circumstantial evidence must be overwhelming c. It is permissable only under the authority of a search warrant or arrest warrant d. It must be based on probable cause e. It must be based on reasonable suspicion

d. It must be based on probable cause

Which statement is not true about warrantless searches? a. Warrantless searches largely circumvent Fourth Amendment protections b. Warrantless searches must be accompanied by some other factors supporting the search c. Warrantless searches must be reasonable d. Warrantless searches must be followed by a probable cause hearing e. Warrantless searches are permissible, does not mean the officer has complete autonomy

d. Warrantless searches must be followed by a probable cause hearing

Which search falls outside of the plain touch doctrine? a. Feeling a gun through a jacket during a pat-down search b. Feeling a bag of marijuana in a pocket during a pat-down search for weapons c. Feeling a brick of cocaine in a suitcase during a lawful bus sweep for illegal immigrants d. Feeling a bottle of alcohol on an inebriated driver e. All of these are lawful under the plain touch doctrine

e. All of these are lawful under the plain touch doctrine

The Miranda Rights established the ________. a. right to remain silent b. right to have an attorney present during questioning c. stipulation that any statements made can be used in court d. requirement that police ask if the suspect understands their rights e. all of the above are established by Miranda

e. all of the above are established by Miranda

Hot pursuit is an example of:

exigent circumstances

When the Supreme Court hears cases pertaining to search and seizures, they draw mainly on the _________ Amendment.

fourth

__________ forbids a police officer from arresting someone for a misdemeanor unless the officer sees the crime occur.

in-presence requirement

Probable cause may be established based solely on:

informants

The requirement that officers must announce their authority and intentions is associated with:

knock and announce

Any unoccupied or undeveloped real property outside the grounds attached to a home is referred to as:

open field

In addition to probable cause and a neutral and detached magistrate, _________ is the third key requirement for obtaining a legal search warrant.

particularity

The requirement that a search warrant state precisely where the search is to take place and what items are to be seized is referred to as the _______ requirement.

particularity

___________ is the requirement that a search warrant state precisely where the search is to take place and what items are to be seized.

particularity

The Fourth Amendment specifically states that no warrants shall be issued but upon:

probable cause

If a person is subjected to a warrantless arrest, __________ will determine whether probable cause existed that he committed a crime.

probable cause hearing

The requirements that must be satisfied before a warrant can be issued are:

probable cause, a neutral and detached magistrate, and particularity

A government actor's infringement on a person's reasonable expectation of privacy is referred to a:

search

A(n) _________ is an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects.

search warrant

There are ________ requirements that must be satisfied before a warrant can be issued.

three

The two components of the stop-and-frisk are justified by, respectively, the need:

to document reasonable suspicion and the need to preserve potential evidence from destruction

The manner by which officers forcibly enter the premises if the door is locked or barricaded is associated with:

use appropriate force

A pretext stop is one in which:

​police officers stop a car because they suspect the driver is involved in a crime but lack probable cause