Law 203
Interactions with the police must be "consensual"
Acting on a Hunch
During an anti-war demonstration, six anti-war demonstrators climbed up the fire escape and onto the roof of a federal government building where they lowered the flag flying over the building and burned it. There reason for doing this was to protest the government's involvement in Iraq. They were indicted and convicted for criminal trespass and malicious destruction of government property. On appeal, they contended that their conviction violated their rights under the First Amendment. The appeals court should
Affirm the conviction under the O'brien Test because the government has a substantial non-speech interest in regulating trespassing on the roof of government buildings and destroying government property.
During the ratification of the U.S. Constitution, Federalists and Anti-Federalists divided he country. Which of the following were the reasons for the opponents to the Constitution
All of the above: - Taxing power was dangerous - There was no Bills of Rights - A powerful federal government threatened the sovereignty of the states
Officer Mcfaddent, "acting on a hunch" that Mary Smith is transporting drugs, pulls her car over because "she is not wearing a seat belt". Officer McFadden may, without violating the Fourth Amendment
All of the above: 1. Ask to see Mary's drivers license, vehicle registration, and insurance papers 2. Ask Mary to step out of the car and remain out during the step 3. Check for any outstanding warrants
No level of supsion is required to
Approach a person on a public street and ask for identification
The language of the Fourth Amendment mentions all of the following terms, Except
Arrest
In 2004, Giuliani committed an armed robbery. Punishment was 5 to 10 years in prison. In 2007, in New York legislature enacted a law increasing the punishment for armed robbery from 15 to 20 years in prison. Six months later, Giuliani was captured, tried, convicted, and sentenced to 20 years in prison. Sentencing Giuliani to 20 years violates the
Article I, § 10 ex post facto clause
In which of the following must Miranda Warnings be administered
Before telling the arrestee that his companion confessed and told the police that he (the arrestee) was the one who pulled the trigger
Which of the following is "not" a protected form of speech
Burning an American flag after removing it from government property
Which of the following statements is incorrect
If a police officer orders a person to stop, but they continue to flee, they have been seized under the Fourth Amendment
search incident to a lawful arrest (emergency only)
Limits the scope of the search to areas under the motorist immediate control
Who may give third-party consent to search a premise of another without a warrant
Live-in girlfriend She has a "key"— "apparent authority" to the apartment
Which of the following is "not" an enumerated power in Article I, section 8 of the U.S. Constitution
Lower the age required for voters in each state
The name of the Supreme Court case that created the exclusionary rule (judge made) effective against the states was
Mapp v. Ohio
The name of the Supreme Court case that created the judge made rule (the exclusionary rule) effective against the states was
Mapp v. Ohio
"We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court" is holding which Supreme Court case
Mapp v. Ohio, 367 U.S. 643 (1961)
Which of the following is "not" a power of Congress
Pass a law requiring the Chief Law Enforcement Officer (CLEO) in each state to conduct a background check on all individuals purchasing a handgun with that state This is not a power of Congress because it infringes upon the state rights
The "automobile" exception to the search warrant requirement
Permits the officer who has probable cause to believe that a motor vehicle contains contraband to dismantle part of the vehicle if necessary to locate it
In which of the following situations do police have authority to search the interior compartment of a vehicle
Police arrest motorist for driving under the influence of alcohol —looking for evidence
Congress enacted crime legislation the " Motir Vehicle Traffic Act": Which power delegated under Article I, section 8 would grant Congress this constitutional authority
Power to regulate interstate and commerce
The amount of suspicion that a police officer needs to make a constitutional arrest is
Probable cause
Suspect may be arrested
Probable cause to believe that the suspect is guilty
First Amendment protection has been withdrawn from all but one of the following categories of speech. Which category continues to enjoy some degree of First Amendment protection
Profanity
Suspect may be convicted of the crime and punished
Proof beyond a reasonable doubt
Under the standards of due process of law, to convict a defendant of a crime, the minimum standard of proof would be
Proof of each and every element of the crime beyond a reasonable doubt
The purpose of conducting a search following a custodial arrest is to
Protect the arresting officer from weapon assaults and prevent the arrested from destroying evidence
Facts and circumstances that would cause a reasonable person to conclude that criminal activity may be afoot is a
Reasonable suspicion
Facts and circumstances that would lead an officer of ordinary intelligence, judgement, and experience to believe that criminal activity is afoot best describes
Reasonable suspicion
Suspect may be seized and detained for a brief investigation
Reasonable suspicion that suspect is involved in criminal activity
The minimum level of suspicion necessary for a police officer to frisk a person is
Reasonable suspicion that the person to be frisked is armed and dangerous
During an investigative stop, police may not, under any circumstances
Search the detainee for anything other than weapons without the detainee's consent
The Supreme Court's Miranda decision was based on
The Fifth Amendment
search incident to a lawful arrest
an exception to the search warrant rule, limited to the immediate surrounding area
Police do not need a search warrant or probable cause to believe that a search will turn up evidence in order to search
"All of the above" 1. Abandoned property 2. An open field 3. The person of an arrested after making a lawful arrest
Which of the following is an exception that excuses the need for a warrant or knocking on a door to a residence
"All of the above" 1. Exigent circumstances 2. Hot pursuit 3. Consent
The advantages of trial by jury are
"All of the above": 1. Gives citizens an opportunity to participate and to evaluate the workings of the criminal justice system 2. Imparts humanizing qualities and the communities' sense of justice into the guilt determining process. 3. Enhances public confidence in criminal verdicts
The exigent circumstances exception to the warrant requirement permits the police to make a warrantless arrest entry on private premises when
"All of the above": 1. Police have probable cause to believe that specific objects constituting evidence of a crime will be found on the premises and have reason to believe that this evidence will be destroyed or removed unless they act immediately. 2. Police are in immediate, hot pursuit of a felon whom they have probable cause to arrest 3. Police have reason to believe that persons inside are in imminent danger
In which of the following situations would an officer be justified in searching a brief case discovered in the trunk of a motor vehicle
"In all three situations (all of the above)" 1. The motorist gave the officer permission to search her "trunk" for narcotics but said nothing about the briefcase 2. The vehicle was park inside the curtilage of premises covered by a search warrant authorizing the premises to be searched for narcotics 3. The search was conducted under the "automobile exception" based on probable cause to believe that the vehicle was being used to transport drugs
The following are legitimate reasons to use force, except
"To stop people from mouthing off"
The test for whether a police officer has made a show of legal authority is
"whether a reasonable person in the suspect's position would feel free to disregard the officer's request and leave"
An amendment to the Constitution must pass by what minimum margins
- A 2/3 majority in the House and Senate - Adoption by at least 3/4 of the states - A signature by the president is "not" required
Which of the following "are" enumerated powers in Article I, section 8 of the U.S. Constitution
- Levy taxes and make expenditures - Declare War - Establish national rules for Immigration and Naturalization
Which of the following "are" powers of Congress
- Make it a crime to mail a bomb - Prohbit Foreigners with a criminal record from becoming American citizen
An officer "can't" stop and search a motor vehicle whenever the officer has responsible reasonable suspicion that
- That the vehicle contains "contraband" only "weapons"
Once proposed, an amendment must be ratified by what minimum margins
1. A 2/3 majority in the House and Senate 2. And adoption by at least 3/4 of the States 3. A signature but he president is "not" required
Police Officers Jones and Smith respond to a 911 call regarding a domestic incident at a private house. Mrs. Garcia informed the officers that her daughter Maria, who lived in the apartment above her with her boyfriend Nicky Burns, had not been seen or heard from for several days. Mrs. Garcia was aware that her daughter had been assulated by Nicky in the past. Approximately one hour ago she heard a noisy dispute in Burns' apartment but was unsure whether her daughter was present at that time. The officers knocked on the door and Mr. Burns refused to answer and told the officers to get off my property. Based on this information the officer's best course of action would be
Continue to investigate further (And find probable cause)
Individuals are protected from cruel and unusual punishment by the
Eighth Amendmet
The Fourteenth Amendment contains the following guarantee
Equal protection under the laws
Which of the following protections was included in the original United States Constitution
Ex post facto laws
Protection against self-incrimination comes from the
Fifth Amendment
The due process clause, which limits the actions of the "federal government" and "federal agents" is part of the
Fifth Amendment
The due process clause, which limits the actions of state governments and state agents, is part of the
Fourteenth Amendment
Protection against unreasonable searches and seizures is guaranteed by the
Fourth Amendment
Reasonable Suspicion is necessary to
Frisk a person for a weapon
Which of the following is not a branch of the federal government
Governorship
Article I of the United States Constitution
Grants congress the power to regulate interstate and foreign commerce
Which of the following forms of speech has First Amendment Constitutional protection
Hate speech
Police officer jones on routine patrol in an area well known for drug activity. He has been a police officer for fifteen years and has worked this area for the past five years making numerous drug related arrests. P.O. Jones observed an individual on a particular corner known for drug activity. Based on a "hunch" he suspects that this individual is dealing heroin, Jones exits his vehicle and orders the suspect to get up against the wall. The suspect complies and P.O. Jones while attempting to frisk this individual observes a small object drop to the ground. He retrieved the object that turns out to be heroin and arrest the suspect for possession of heroin. Select the best answer from the following:
The action taken was improper because P.O jones violated the individuals Fourth Amendment right
Which of the following factors is relevant in deciding whether the defendant's confession was voluntary
The defendants intelligence
Detaining a person for 15 miuntes means
The detainee is seized under the Fourth Amendment and the officer needs reasonable suspicion or probable cause
Which of the following statements most accurately reflects the constitutional division of power between the federal government and the states
The federal government is a govenment of enumerated powers and can exercise only the powers that have been delegated.
A fellows occuapnt's consent to search is valid even if the other occupant is present and refuses to consent the search
The no is stronger
For incriminating evidence to be considered in "open view"
The officer must be lawfully present at the location where the observation is made
Police have authority to conduct a Terry pat-down
Whenever they have a reasonable suspicion that a person lawfully detained may be "armed"
