Module 2: Chapter 3-6

Which of the following is not typically required on an arrest warrant?

A prosecutorial signature

Legally, whose perception determines whether a person has been seized?

A reasonable person

A warrant is not required in which of the following situations?

A roommate provided consent to enter.

If a stop is valid, what is the purpose of a frisk by police in a "stop and frisk?"

A search for weapons

The rule that "evidence obtained by the police acting in good faith on a search warrant that was issued by a neutral and detached magistrate, but that is ultimately found to be invalid, may be admitted and used at the trial" was established by which case?

Massachusetts v. Sheppard (1984)

What type of force, when used, is unlikely to cause death or serious bodily injury?

Nondeadly force

Based on the National Institute of Justice model, what is the first step in the series of actions that make up the use-of-force continuum?

Officer presence

What may an officer do after making a valid stop?

Pat down the stopped person's outer clothing to ensure they are not armed.

At which of the following stages in a criminal proceeding can a motion to suppress be filed?

Pretrial and trial

What legal procedure serves as the primary means of invoking the exclusionary rule?

Pretrial motion to suppress evidence

What degree of certainty is required for an arrest?

Probable Cause

What level of proof is required for a search warrant?

Probable cause

Once a suspect is in jail, what is a legitimate purpose for an inventory search of their person?

Protect the arrestee's property during incarceration.

What kind of force is automatically unreasonable?

Punitive force

Which exception to the exclusionary rule applies when a defendant's actions break the causal chain between police misconduct and the evidence?

Purged taint exception

Racial profiling occurs when an officer stops a person based on what circumstances?

Race, ethnicity, or national origin

Which term refers to any police-initiated action that relies on race, ethnicity, or the national origin of an individual instead of on individual acts or behavior?

Racial profiling

A police officer observes two individuals loitering on a street corner that is well known for drug trafficking. The officer observes the individuals shaking hands and believes something is exchanged. What standard of proof is necessary for the officer to stop and frisk at least one of the individuals?

Reasonable suspicion

What level of proof does a police officer need to legally stop and search a suspect?

Reasonable suspicion

What is the "fruit" in the fruit of the poisonous tree?

Secondary evidence

What three actions are police officers prohibited from doing when feeling for objects on a suspect's person?

Squeeze, slide, and manipulate

What condition must apply for an individual to invoke the exclusionary rule?

Standing

What legal authority governs arrests for misdemeanors NOT witnessed by police?

State law or agency policy

Which of the following holds more weight when governing the use of force by police, whether deadly or nondeadly?

State penal code

To whom does the phrase "man of reasonable caution" apply?

Teacher someone who does not have training in law

The Supreme Court decision in which case established guidelines for police use of deadly force?

Tennessee v. Garner

After the police stop a person, based on what legal precedent can they also frisk the person if there is reasonable concern for officers' safety?

Terry V. Ohio (1968)

The U.S. Supreme Court first authorized stop and frisk with a decision in which case?

Terry v. Ohio

When it comes to practical circumstances, how is probable cause determined?

The officer has trustworthy evidence sufficient to make a reasonable person think it more likely than not that the proposed arrest or search is justified.

The absence of probable cause can lead to evidence being inadmissible in court. What other consequence can occur from probable cause not being present during an arrest or search and seizure?

The officer may be sued in a civil case or potentially subject to criminal prosecution.

What legal doctrine allows an expanded search if an officer has probable cause that something they felt on a suspect's person could be a weapon?

The plain touch doctrine

The U.S. Supreme Court established which of the following in Illinois v. Gates (1983)?

The totality of the circumstances test

What can police require an individual to provide after a legal stop and frisk?

Their name

Under which of the following circumstances must an arrestee have the understanding that they are being arrested? They are drunk. They are unconscious. They are angry and raging. They are legally insane.

They are angry and raging.

Why do police sometimes request a John Doe warrant?

They don't know the suspect's name.

Which of the following is NOT a method by which probable cause can be established?

Through an officer's gut instinct regarding a suspect

What standard does an appellate court apply when determining reasonable suspicion?

Totality of the circumstances

One way a police officer can supplement information that is too weak to establish probable cause is to conduct a(n) __________.

corroborative investigation

A set of identifiers developed by law enforcement to describe individuals likely to be involved in trafficking drugs is known as what?

drug courier profile

What legal provision states that courts cannot admit evidence obtained by unreasonable search and seizure, no matter how relevant?

exclusionary rule

The significance of the 1914 Supreme Court ruling in Weeks v. United States is that it marked the __________.

first application of the exclusionary rule in a federal prosecution

What term applies to a limited pat-down of a person's outer clothing by police officers?

frisk

Which of the following is not one of the usual steps prior to conducting a frisk under Terry v. Ohio guidelines? observe individual(s) behavior ask questions approach and Identify handcuff detainee for safety

handcuff detainee for safety

Compared with reasonable suspicion, probable cause requires a(n) __________.

higher degree of certainty

When can police officers stop someone without probable cause?

if they have reasonable, articulable suspicion that the person is about to engage in criminal activity

The police conduct an unlawful search of a car and obtain cocaine from the trunk of the vehicle. The cocaine will be __________.

inadmissible under the exclusionary rule

Which exception states that illegally obtained evidence is admissible if police can prove that it was obtained from an independent source NOT connected with the illegal search or seizure?

independent source exception

In Florida v. JL (1999), what did the Court determine must accompany an anonymous tip to justify a stop and frisk?

indicia of reliability

The reason why the exclusionary rule does not apply to grand jury proceedings is because the application of the rule would __________.

interfere with the grand jury's investigative functions

As opposed to a stop and frisk, a stationhouse detention __________.

is one continuous act

One argument against the exclusionary rule is that the rule __________.

is only used in the United States

Before the U.S. Supreme Court decision that applied the exclusionary rule to state criminal prosecutions, the use of the rule was __________.

left to the discretion of the states

As a restriction, stationhouse detention is a __________.

lesser limitation of freedom than arrest

As a type of administrative search, an airport search has a __________.

lower Fourth Amendment protection

One reason why a police officer should obtain a warrant prior to an arrest is that it __________.

may provide a defense in a civil suit against the officer

In everyday police practice, for practical purposes, probable cause generally requires what level of certainty?

more than 50 percent

Under the Fourth Amendment, a police stop should be __________.

no longer than necessary

The exclusionary rule does not apply to a parole revocation hearing because a parole revocation hearing is __________.

not a criminal trial

After a lawful custodial arrest of a suspect in a car, what parts of the vehicle may the police legally search?

passenger compartment

Virginia v. Moore held that evidence obtained from an arrest violating state law can still be admissible without violating the exclusionary rule when the __________.

police acted with probable cause

One factor that a police officer may consider as a foundation for probable cause in the arrest of a suspect is the __________.

prior criminal record of the suspect

In Michigan v. Summers, the Court stated, "The general rule is that every arrest, every search and seizure is unreasonable unless it is supported by __________."

probable cause

During vehicle stops, what standard allows officers to search vehicles including the trunk, the glove box, and any closed containers inside?

probable cause or consent, with or without back-up

The U.S. Supreme Court tests _____ to measure probable cause.

reasonableness

Under which doctrine, since discarded, did federal courts admit evidence illegally seized by state law enforcement officers and then turned over to federal officers?

silver platter doctrine

The good-faith exception to the exclusionary rule allows the use of evidence as long as a mistake or error was NOT committed by __________.

the police

What is the overarching purpose of the exclusionary rule?

to deter police misconduct

If an officer has a reasonable suspicion that a motorist is dangerous and possibly armed, a search of the vehicle may be conducted for a weapon __________.

to which the motorist may have quick access

Which of the following is not an element that must be present for an arrest to take place?

witness testimony

In general, prior to executing a warrant at a home what must police officers do?

Knock and announce their purpose.

Which of the following scenarios most closely represents when a stop becomes a seizure under Mendenhall? A retail store security guard follows you around the store and stands next to you while you look at costume jewelry, never leaving your side. Airport security stops you and asks to review your ticket and identification before you board your flight. A police officer stops you and places you in the back of the police vehicle while confirming your identity. A mall security officer stops you and asks if you have just left a certain store without making a purchase.

A police officer stops you and places you in the back of the police vehicle while confirming your identity.

What type of warrant is issued when the person to be arrested is well described in the warrant but not identified by name?

John Doe warrant

What type of seizure may involve the use of a firearm to arrest a person?

Actual seizure

Which case decided by the U.S. Supreme Court established a two-pronged test for determining the reliability of evidence provided by an informant when assessing probable cause?

Aguilar v. Texas

Which type of court reviews, and possibly reverses, a lower court's finding of probable cause?

Appellate court

Which court officers determine whether a harmless error has occurred?

Appellate court judges

Which U.S. Supreme Court case established that, under the Fourth Amendment, the police may arrest an individual without a warrant for a minor criminal offense punishable only by a fine?

Atwater v. City of Lago Vista

What term applies to exceptions to the knock-and-announce requirement that apply regardless of circumstances?

Blanket exceptions

In what ways are a stop-and-frisk and an arrest the same?

Both are restrictions of freedom.

What type of document does a police officer present to a magistrate to obtain an arrest warrant?

Complaint

What type of seizure occurs when the person being arrested is submissive?

Constructive seizure

Prior to making a stop, what should an officer do after receiving an anonymous tip that a suspect is selling drugs?

Corroborate the tip independent of the tipster.

The U.S. Supreme Court has held that appeals of warrantless searches and seizures require what type of review?

De novo

Which U.S. Supreme Court decision did away with the silver platter doctrine?

Elkins v. United States

A stop and frisk represents a search and seizure under which constitutional amendment?

Fourth Amendment

A violation of which constitutional amendment may trigger the exclusionary rule?

Fourth Amendment

Which constitutional amendment provides the foundation for requiring probable cause in police work?

Fourth Amendment

The Minnesota v. Dickerson case identified parameters for which police action subsequent to an initial stop?

Frisk

Which of the following is the term used to describe secondary evidence derived from illegally seized evidence?

Fruit of the Poisonous Tree

This type of proceeding seeks to release a defendant from incarceration because their constitutional rights were allegedly violated before or during trial.

Habeas corpus proceeding

This is the term used to describe evidence erroneously admitted by the trial court, but the evidence did not contribute to the conviction and there was other evidence available to support the verdict.

Harmless error

In Welsh v. Wisconsin, the U.S. Supreme Court held that officers must consider what factor to determine if exigent circumstances justify warrantless entry of a home?

How serious the offense is

What U.S. Supreme Court case equates unprovoked flight from police with reasonable suspicion enough to justify a stop?

Illinois v. Wardlow

Which exception to the exclusionary rule allows evidence at trial if the police can show that evidence initially obtained illegally would have been legally obtained in due time?

Inevitable discovery exception

Two collective requirements must be met to satisfy the guidelines for a valid stop. One is circumstances; what is the other?

Initial police action

How does the Exclusionary Rule affect policing policy and procedures?

It prevents violation of unreasonable search and seizure under the Fourth Amendment and deters police misconduct.

This doctrine permitted federal courts to admit evidence illegally seized by state law enforcement officers because they argued that the Fourth Amendment did not apply to state officials, only the actions of federal officials.

The Silver Platter Doctrine

What impact did the U.S. Supreme Court's decision in Mapp v. Ohio have on the application of the exclusionary rule?

The decision extended the exclusionary rule to state prosecutions

The good faith exception to the exclusionary rule allows illegally obtained evidence to be admitted even if there was an error or mistake under which of the following circumstances?

The error was not committed by the police.

As an alternative to the exclusionary rule, what does the British system say about illegally obtained evidence?

The evidence is admissible, but the police officer is subject to departmental discipline.

How have courts typically described the general standard for judging the use of nondeadly force by police?

The force that is needed to affect an arrest as determined by perspective of a reasonable and prudent officer on the scene

The police conduct an illegal search and find a map that shows the location of stolen goods. Using the map, they recover the goods. Will any evidence in this scenario be considered the fruit of the poisonous tree?

The goods are considered the fruit of the poisonous tree.

When seeking an arrest warrant, what may a police officer decline to reveal to a magistrate?

The identity of an informant

In cases of search and seizures, what is a chief concern in determining probable cause?

The items to be seized can be found in the place to be searched.

According to the U.S. Supreme Court, when is a stop considered a seizure?

When a reasonable person believes that they are not free to leave

Which of the following definitions offer a practical definition of probable cause?

When it is more likely than not (more than a 50 percent certainty) that the suspect committed the offense, or the items sought can be located in a certain place.

What is the standard for the justified use of deadly force?

When the officer has probable cause to believe a suspect poses a threat of serious physical harm to the officer or to others

The primary difference between an active seizure and constructive seizure is__________.

active seizures require physical contact, force, or a firearm

During a frisk, what may be properly seized?

an object that feels like a weapon

What term applies to taking a person into custody against their will, for the purpose of criminal prosecution?

arrest

What is one element of an arrest?

arrest authority

One example of a contact with police that does NOT trigger Fourth Amendment protections is an officer __________.

asking a driver to get out of a car after being stopped

When probable cause of criminal activity is established after an illegal search and seizure, the evidence seized __________.

cannot be used in court

What term applies to a writ issued by a court requiring a person to appear at a specified time?

citation

What type of seizure occurs when the individual peacefully submits to an officer's control without the use of any physical touching, grabbing, or use of force?

constructive seizure