Test 3 (Ch. 7-9)

All searches must be

limited in scope

Searches at international boarders

may be conducted without probable cause or a warrant

General searches are

never constitutional

"Where the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed" is the Supreme Court's definition of

probable cause

All warrants are to be based on which concept associated with the Fourth Amendment?

probable cause

What level of proof is required for a Terry stop?

reasonable suspicion

The section of the Fourth Amendment that makes warrantless searches and seizures constitutional, if they are sensible, is the:

reasonableness cause

The use of a Taser might be considered unreasonable, excessive force if the subject is

verbally abusive

Which of the following is not considered when determining if the length of an investigative stop was reasonable?

whether force was used to stop and detain the suspect

In which of the following scenarios would an offer not be able to make a lawful, warrantless arrest?

An officer hears a kid talking about the headphones he shoplifted a week ago.

True/False: Although the operation of a motor vehicle on public roads is considered a right, the driver and occupants are not protected by the Constitution

False

True/False: In Florida v. J.L. (2000), the Court held that an anonymous call telling police that a young Black male wearing certain clothing at a bus stop had a gun was enough to be considered reasonable suspicion

False

True/False: The "open fields" doctrine holds that land beyond that normally associated with use of that land, that is, undeveloped land, may not be searched without a warrant.

False

True/False: The Court has held that a state highway checkpoint, at which every vehicle is stopped and the driver's sobriety checked, violates the Fourth Amendment when no individualized suspicion exists.

False

True/False: The Court has ruled that searches of visitors, correctional officers, and other corrections personnel are illegal without a warrant or probable cause of crime commission.

False

The Fleeing Felon rule, which allowed police officers to shoot any felon attempting an escape, was invalidated by the Supreme Court's ruling in

Tennessee v. Garner (1985).

True/False: "Dumpster diving" or "trash pulls" are methods doe obtaining incriminating evidence that often provide legal grounds to obtain a search warrant of a home.

True

True/False: A seizure whenever a vehicle is stopped, and so Fourth Amendment prohibitions against unreasonable search and seizure apply.

True

True/False: After officers have obtained their search warrant and gained entrance, they can search only areas in which they reasonably believe the specified items might be found.

True

True/False: If an individual gives voluntary consent for the police to search his or her person or property, the police may do so without a warrant, and any evidence found will be admissible in court.

True

True/False: If police officers observe a crime being committed, they have the authority to arrest, without a warrant, the individuals involved in committing the crime

True

True/False: Illinois v. McArthur (2001) dealt with whether an officer could refuse to allow a resident to enter his home without a police officer until a search warrant could be obtained

True

True/False: Many states have adopted the Uniform Act of Fresh Pursuit, which allows police officers of one state to enter another state in fresh pursuit of a suspect who has committed a felony in the officers' state.

True

True/False: Most state laws define an arrest, in general terms, as the taking of a person into custody, in the manner authorized by law, to present that person before a magistrate to answer for committing a crime.

True

True/False: Once given, concent may be revoked at any point.

True

True/False: Police officers who have established probable cause that evidence is likely to be at a certain place and who do not have time to get a search warrant may conduct a warrantless search based on exigent circumstances

True

True/False: School officials may search students in public schools for contraband without a warrant as long as the search is reasonable and does not violate the Fourth Amendment.

True

True/False: The Court has ruled that an officer can frisk a passenger of a car that has been lawfully stopped solely for a traffic violation, if the officer believes the passenger is armed or dangerous.

True

True/False: The Wiretap Act of the Omnibus Crime Control and Safe Streets Act of 1968 prohibits the interception of phone conversations unless one party to the conversation consents or when authorized by the competent jurisdiction.

True

True/False: The automobile exception, as it stands today, simply states that if a government agent has probable cause to believe the vehicle contains contraband or evidence of a crime, no warrant is needed.

True

True/False: The concept of curtilage evolved in the Supreme Court's attempt to ascertain just how far beyond one's house the reasonable expectation of privacy extended.

True

True/False: The decision in Terry v. Ohio permits officers to take all necessary measures to protect themselves, without turning a stop into an arrest.

True

True/False: The intensity and scope of a seizure can transform a stop into an arrest.

True

True/False: Use-of-force situations are fluid, and the amount of force that is considered reasonable will likely change throughout an encounter.

True

True/False: When government agents search a person incident to arrest, they may use reasonable force to protect themselves, as well as to prevent escape or the destruction or concealment of evidence.

True

In which case did the Supreme Court hold that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered a house and began to search for the man because "the Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others"?

Warden v. Hayden

When conducting an inventory search of a vehicle, it is important to have:

a standard operating procedure

Usually, officers cannot make a lawful arrest

for a misdemeanor committed outside their presence.

Which doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial?

fruit of the poisonous tree

Although the Fourth Amendment generally does not restrict private citizens' actions, it does apply to all:

government employees

In United States v. Sharpe, the Court ruled that a stop

has no rigid time limit

The exception to the exclusionary rule that deems evidence admissible, even if seized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means is the

inevitable discovery docterine

Electronic surveillance:

is governed by the Fourth Amendment

In the United States v. Banks, the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry, and that a wait of __________ seconds (in this case) satisfied the Fourth Amendment.

15 to 20

In which case did the Court hold that the individuals's flight at the sight of police was enough to provide reasonable suspicion for an investigatory stop?

Illinois v. Wardlow

In regard to the Fourth Amendment, what was the significant of the case of United States v. Jacobsen (1984)?

It held that an employee of a private company opening and inspecting the contents of a package is not a violation of the Fourth Amendment

Which of the following best describes the significance of Groh v. Ramirez (2004)

It illustrates the importance of paying attention to the details of the warrant before searching

When would a traffic stop require Miranda warnings?

Miranda warniings are not required for traffic stops

Which test provides that a seizure involves not only a police intention to seize, it includes the objective aspect in which a reasonable person believes that they are not free to terminate the encounter and leave?

The Mendenhall test

Instances in which police officers are not aware that they are violating Fourth Amendment principles involve an exception to the law referred to as

The good faith doctrine

Which of the following is not one of the criteria that must be met for plain view?

The original intrusion is legal only because it is pursuant to a valid warrant.

Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose

The residents have a prior criminal history

Which of the following is not a fundamental constiutional rule that applies to Fourth Amendment cases

There must be law enforcement action

Because a traffic stop is brief and occurs in public, it is not considered an arrest, thus Miranda warnings need not be given.

True

For an investigatory stop to be constitutional, the officer has to be able to explain, in detail, the specific nature of the suspicion, which is known as:

articulable reasonable suspicion

When government agents are lawfully executing executing a warrant, they:

can seize any contraband, even if not specified in the warrant

One method courts use to determine reasonableness is the bright-line approach, which:

considers a specific rule that applies to all cases

The most commonly used method to determine reasonableness is the case-by-case method, which:

considers the totality of the circumstances in each individual case.

Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of

domestic assault

Concepts critical to understanding the Fourth Amendment include all of the following, except:

equability

Deterring government misconduct is the primary purpose of the

exclusionary rule

The police may not make a nonconsensual, warrantless arrest inside a person's home o arrest a guest within that home without:

exigent circumstance

In Rochin v. California, the Supreme Court held that searches that _________ are a violation of due process, and any evidence so obtained will, therefore, be inadmissible.

shock the conscience

Usually, the only person able to give consent in a search is the person is the person whose constitutional rights might be threatened by the search, who is said to have:

standing

The landmark case of Terry v. Ohio is most known for including an explanation of:

stop and frisk

When a person is handcuffed after being arrested, officers may search:

the area that was under the immediate of the suspect prior to being arrested

Which of the following, by itself, can be used as reasonable suspicion to conduct a stop?

the existence of a wanted poster

Police may use deadly force against fleeing felons only if

the suspect presents an imminent danger to life.

Which of the following is not one of the five legitimate uses of force, often referred to as the "Rules of Engagement"?

to overcome objections

Officers must have a particularized and objective basis for suspecting a person of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the

totality of the circumstances test