FINAL - test b

21. which of the following statements is not true?

c. in deciding whether or not to suppress the evidence, the court may not look at the officer's state of mind (did he act in "good faith"?)

36. an officer has the right under the "exigency" or "hot pursuit" doctrine to follow a suspect he is chasing into a building.

true - question 36

14. a lawful search can be defined as (select the best answer):

a. any looking from a place an officer has a right to be

47. which of the following statements is not true?

a. dealing with a suspected dangerous felon is by definition not enough probable cause for a pat-down search.

9. an officer stops a motorist for speeding and sees an unopened six pack of beer on the front seat partially covered by a coat. the driver is 21 years old and there is no indication he has been drinking. the officer may:

a. do nothing about the beer.

8. an officer is getting out of his police car in the parking lot. he hears someone crying in a van nearby. which of the following is not true?

a. he must get a search warrant to enter the van.

13. an officer arrests the driver of a vehicle for being under the influence of alcoholic beverages. the officer may search:

a. the driver and a limited area of the interior of the vehicle

43. on occasion, circumstances will come to light during a detention that will change its focus, justify extending its duration, or provide probable cause for arrest. which of the following would not be one of those occasions?

b. an officer's suspicious instinct

10. an officer stops a motorist for speeding. the motorist gets out of his car and begins yelling profanities at the officer in a threatening manner. if the officer feels threatened by the motorists conduct and he becomes worried about his own safety, the officer may:

b. conduct a limited pat down for weapons

11. the _______ comes into play when a court determines that a search by police was unlawful and evidence may need to be thrown out of court.

b. exclusionary rule

25. which of the following statements concerning searches and seizures during consensual encounters is not true?

b. it is never permissible for an officer to ask for consent to search.

12. the primary reason why illegally obtained evidence is not admissible in court is:

b. it was obtained through improper search procedures on the part of the officer.

26. which of the following statements concerning detentions is not true?

c. a police pat down of a suspect for weapons does not constitute a detention

29. which of the following is not one of the specific factors the court looks at in deciding whether an officer's suspicion was reasonable.

c. an officer's suspicion

4. in order for a vehicle search incidental to a lawful arrest to be reasonable, the search must be conducted:

c. contemporaneously (at the same time) with the arrest

7. an officer stops a motorist for speeding and sees an open can of budwiser beer under the seat. the officer asks the driver to hand it to him and the motorist does so. the beer can is empty and appears to have been consumed a long time ago as the can is hot, the officer may:

c. do nothing about the empty beer can.

42. an officer needs to be extremely careful about transporting a suspect to another location during a detention. which of the following statements concerning movement of a suspect is not true?

c. if an officer requires the suspect to accompany them to another location or interrogation room with valid consent of the suspect it will turn a simple detention into an unreasonable arrest.

39. officers should be careful about conducting a search for identification, such as by reaching into a suspect's clothing, or looking through his wallet. normally, this kind of intrusion (search) is not permitted during a detention. which of the following is not a situation that would be appropriate for an officer to search for identification?

c. the officer has "probable case" to arrest and / or search the detainee.

31. which of the following statements concerning flight of a suspect is not true?

c. when an officer catches a fleeing suspect, or when the suspect stops in response to the officer's actions or commands a detention has occurred. the detention will be legal regardless if reasonable suspicion exists.

37. which of the following statements concerning duty to stop and use of force to stop a suspect is not true?

d. a suspect has "a right to resist" a lawful detention

38. once an officer has stopped or detained the suspect, he may take whatever investigative actions are reasonable under the circumstances. which of the following is not one of the common techniques used by police?

d. always bringing the suspect to the victim for an in-field "show-up".

6. under which of the following circumstances is a suspect truly free to leave when being questioned by police?

d. police make a consensual contact with a witness to a crime

20. under most state constitutions and systems of law, warrantless searches and seizures will be upheld only if the prosecutor can prove that the police conduct came within one of the few "carefully circumscribed and jealously guarded" exceptions to the warrant requirements. which of the following is not one of those exceptions?

d. searches conducted because the suspect has prior arrests.

22. which of the following statements concerning consensual encounters is not true?

d. the officer must have a specific reason or justification for initiating this type of conduct.

15. which of the following statements about the fourth amendment to the united states constitution is not true?

d. warrants need not describe the place to be searched, and the persons or things to be seized.

18. when challenged, the legality of a search or seizure is always decided during the trial, either as part of the post trial hearing, or at a separate pre-trial "suppression" motion, or both.

false - question 18

2. immediate control - means the area within "eye's reach" of the arrestee - the nearby physical area from which he, in theory, could grab a weapon or destroy or conceal evidence.

false - question 2

28. reasonable suspicion may be based, in whole or in part, on broad profiles which cast suspicion on entire categories of people without any individualized suspicion of the particular person to be stopped.

false - question 28

32. the united states supreme court has held that it does not make sense from the standpoint of officer safety to detain someone.

false - question 32

35. an anonymous tip, by itself, will normally be sufficient to justify a detention or pat down regardless if there is sufficient corroboration or other indications of reliability.

false - question 35

41. a detention is no temporary and may last as long as is necessary to resolve the circumstances that justified its initiation.

false - question 41

50. in conjunction with a lawful, custodial arrest, officers are entitled to search the arrestee's person, but not the immediate area around him.

false - question 50

1. the area that may be searched incident to an arrest is limited to what is within the "immediate control" of the suspect.

true - question 1

16. a "search" occurs when an exception of privacy that society is prepared to consider reasonable is infringed upon by the police.

true - question 16

17. a "seizure" of property occurs when there is some meaningful interference with an individual's possessory interest in that property.

true - question 17

19. when police officers deal with a member of the public, the law will classify it as either a "consensual encounter" a "detention", or an "arrest".

true - question 19

23. if an officer starts exerting or asserting authority over the person by giving orders, making demands, displaying a weapon, or using a harsh tone of voice the contact will be viewed as an unlawful detention unless supported by "reasonable suspicion".

true - question 23

24. if during a detention the officer does not learn facts rising to level of probable cause, the individual must be allowed to go on his way.

true - question 24

3. following a lawful arrest an officer may search any containers (open or closed) that are found on the arrestee or under his immediate control.

true - question 3

30. race or ethnicity is a proper factor to consider when officers make a decision to stop or detain someone if it is a part of a description of a specific suspect.

true - question 30

33. officer safety is a basis for permitting a limited search for weapons, also known as a pat down or frisk.

true - question 33

34. officers can properly base a detention on information they receive from an eyewitness, victim, fellow police officer, dispatcher, or - if accurate - other "officials".

true - question 34

40. officers should avoid using force and / or physical restraints, such as handcuffs or guns, during a detention situation whenever possible. these "indications of custody" may cause a court to view the detention as an arrest.

true - question 40

44. Miranda warnings are necessary when an officer has a situation involving both "custody" and "interrogation".

true - question 44

45. during a detention, officers have no power to conduct a general, full, exploratory search of the suspect.

true - question 45

46. officers may conduct a pat-down or limited weapons search only of a detainee's outer clothing. (situations involving officer safety)

true - question 46

48. if officers see a weapon, contraband, or evidence of a crime in plain view during a detention, they are entitled to seize it without a warrant.

true - question 48

49. generally, evidence that a suspect discards before or during a lawful detention may be seized, examined, and is admissible in court.

true - question 49

27. which of the following statements concerning reasonable suspicion is not true?

a. "reasonable suspicion" is a standard considered greater than probable cause

5. a true emergency situation or "exigency" will allow officers to search a house, vehicle or anything else.

true - question 5