Criminal Procedure

If police get consent to search from someone other than the legal owner of the property that is being searched, that search is called a _______ consent search. - 3rd party - Alternative party - Non-owner party - 2nd party

3rd party

How many exceptions to the search warrant requirement have we studied this semester? - 10 - 5 - 8 - 12

8

More than __________________ percent of all searches, seizures and/or arrest made by the police are done without search warrants because the search, seizure or arrest falls within one of the many exceptions to the warrant requirement. - 50% - 100% - 95% - 78.5%

95%

Identification of a single suspect by a witness is called: - An in-court identification - A show-up - A photo array - A line-up

A show-up

A proceeding that addresses a motion to throw out evidence in a trial is called:​ - An evidentiary hearing - A review hearing - An appellate hearing - A suppression hearing

A suppression hearing

Pretrial motions ask courts to decide questions that don't require: - A trial - A venue change - Bail - Judicial determination

A trial

The case of California vs. Greenwood is one of the first U.S. Supreme Court cases dealing with the search warrant exception of? - Abandoned property - Vehicle exception - Inventory - Consent

Abandoned property

​If an appellate court upholds the decision of a lower court, then the decision has been: - Remanded - Affirmed - Reversed - Rescinded

Affirmed

The automobile exception became what is now referred to the vehicle exception. The expansion of the automobile exception into the vehicle exception has also been expanded to other searches within the vehicle. Provided that there is probable cause present, those additional search parameters include the searches of? - The vehicle glove box - Passengers in the vehicle - The vehicle trunk - All of these answers are correct

All of these answers are correct

Warrantless searches at International Borders are legal in order to prevent the import or export of? - Contraband or illegal substances (including drugs and Cuban cigars) - The importation of insects that could infect US crops - Drugs - Any or all of these things

Any or all of these things

The individual granting the police consent to search must have either the actual or the _________________________ authority to grant the police request to search a particular item or place.

Apparent

Trials without juries, in which judges decide the facts, are called: - Non-trials - Bench trials - Prosecutor trials - Jury-free trials

Bench trials

At the time of the shooting of Edward Garner by the police, Garner was suspected of having committed what crime? - Assault with a dangerous weapon - Robbery - Burglary - Murder

Burglary

The first major case in which the U.S. Supreme Court addressed the exception of searches incident to a lawful arrest was Chimel vs. California. Ted Chimel was a suspect in what type of crime at the time the police conducted a warrantless search of his entire home? - Robbery of a Bodega - Kidnapping of his child - Burglary of a coin shop - Murder of his wife

Burglary of a coin shop

According to the Court of Appeals decision in United States v. Rodney: - Consent to search a person includes consent to frisk the groin area. - Consent to search a person includes consent to frisk the groin area only if police specifically ask for such. - Consent to search a person includes consent to frisk the groin area only for federal law enforcement. - Consent to search a person does not include consent to frisk the groin area.

Consent to search a person includes consent to frisk the groin area.

What is the term used to describe lawyers willing to represent their clients at no charge? - Retained counsel - Appointed counsel - Indigent counsel - Counsel pro bono

Counsel pro bono

In Miranda v. Arizona (1966), a bare 5 to 4 SCOTUS majority created a "bright-line" rule to govern what?​ - Any Interrogation - Custody - Custodial Interrogations - Self-incrimination

Custodial Interrogations

Which of the following special needs searches applies only to prisoners, probationers, parolees, pretrial releasees, and visitors and employees of prisons and jails?​ - Inventory searches - Drug testing - Custody-related searches - Airport searches

Custody-related searches

There are two requirements in the execution of a search warrant that must be followed UNLESS a judge has given special permission to not to do these two things before entering a place to be searched, Before a search warrant, the police must execute the warrant during the _______.

Daytime

Firsthand information is also called:​ - Hearsay information - Indirect information - Visual information - Direct information

Direct information

In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that suspects participate in and complete a program? - Selective cases - Validated cases - Diversion cases - Discretion-laden cases

Diversion cases

The majority of arrests: - Do not require a warrant to make them reasonable, as long as there is probable cause to arrest. - Occur after stops and frisks. - Occur in the home, but still do not require a warrant. - Require a warrant based on probable cause.

Do not require a warrant to make them reasonable, as long as there is probable cause to arrest.

You not only have the right to counsel, but also the right to: - Effective counsel - Affordable counsel - Comparative counsel - Reasonable counsel

Effective counsel

In the case of Weeks vs. U.S., the court established the legal principle that evidence obtained in violation of an individual's Constitutional rights would be inadmissible in a court of law to prove the guilt of that individual. That legal principle is known as the ________.

Exclusionary Rule

Over time, memory: - Fades, but witnesses develop greater confidence about their recall - Improves, and witnesses recognize this fact. - Fades, and witnesses recognize this problem. - Improves, but witnesses do not have confidence in this fact.

Fades, but witnesses develop greater confidence about their recall

True or False: According to SCOTUS's decision in Miranda v. Arizona, the waiver of Miranda rights may be presumed, either by silence following warnings or from an eventual confession.

False

True or False: Eyewitness identifications are almost always rejected by the courts.

False

True or False: Once the police have received consent to search from an individual who has actual authority to grant consent to the police to search, the person granting consent to the police may not withdraw that consent until the police have completed their search.

False

True or False: Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

False

True or False: Under the search exception of "consent", parents are always permitted to give consent to the police to search the room of their minor child, if the child is living in the home of the parents.

False

Initially, following the decision in Weeks v. US, the exclusionary rule only applied to which of the following? - Federal law enforcement officers - Judges - Prosecutors - Defense attorneys

Federal law enforcement officers

In the case of Tennessee v Garner, at the time of the shooting of juvenile offender Edward Garner by the police, the police officer was following both department policy and state statutes which allowed police officers to use force, including deadly force, to seize what category of criminals (hint; the proper terminology is two words, both of which begin with the letter "f"

Fleeing Felon

Evidence found as a result of Unconstitutional searches and seizures may lead to the discovery of other evidence of other crimes. That "other evidence of other crimes" may also not be admissible under the __________ of the poisonous tree doctrine.

Fruit

If the police execute a search warrant, and at a trial, it is noted that the proper address of "125 Main Street" was typed "128 M ain Street". If the police in fact search 125 Main Street, what is the best argument available to the prosecution to "rescue" or save the evidence found by the police during the search? - Good Faith - Close enough - Doo-doo happens - So what - Inevitable discovery

Good Faith

U.S. v. Leon (1984) created the: - Good-faith exception. - Exclusionary rule. - Knock-and-announce rule. - Distinction between good evidence and bad evidence.

Good-faith exception.

The case of Carroll vs. U.S. in 1925 created the automobile exception to the search warrant requirement. Government law enforcement officials searched Carroll's vehicle because they had probable cause to believe that Carroll and his friend George Kiro were smuggling; - Illegal gambling devices - Illegal drugs - Illegal liquor - Illegal pornography

Illegal liquor

What are the 5 "Rescue Doctrines we've discussed this semester?

Inevitable Discovery, Good Faith, Impeachment, Attenuation, Independent Source Rule

If Bob is properly arrested by the police, and the department has a written inventory search policy for inventorying vehicles at the police station when a person is arrested in a vehicle, if Bob searches the vehicle at the scene of the car stop and finds contraband, the prosecutor's best argument for allowing this evidence into court would be: - Inevitable discovery - Good faith - Exigent circumstances - Probable cause

Inevitable discovery

According to SCOTUS in Michigan v. Sitz (1990), involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint: - Is a stop, but it is not covered by the Fourth Amendment. - Is not a stop. - Requires probable cause that someone in the car has committed a crime. - Is a stop to which the Fourth Amendment applies.

Is a stop to which the Fourth Amendment applies.

According to SCOTUS in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:​ - Police must always have search warrants to search persons. - It is not reasonable to search an entire house incident to a lawful arrest. - The Fourth Amendment does not protect searches incident to lawful arrests. - It is not reasonable to search a person who is lawfully arrested.

It is not reasonable to search an entire house incident to a lawful arrest.

The power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject is called: - Appellate authority - Jurisdiction - Stare decisis - Judicial review

Jurisdiction

The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was: - Miranda v. Arizona. - Terry v. Ohio. - Mapp v. Weeks - Mapp v. Ohio.

Mapp v. Ohio.

What U.S. Supreme Court case addressed the "grabbable areas" in automobiles for the first time following the Chimel vs. California case? - Arizona vs. Gant - Mapp vs. Ohio - Brady vs. Maryland - New York vs. Belton

New York vs. Belton

If a husband and a wife jointly own a house, and the police, without a search warrant, ask the wife for permission to search the property for evidence that the husband is involved in a prostitution ring, and the wife says "Yes", but the husband says "no", can the police conduct a valid consent search? - Yes - No - No, if the husband pays the mortgage - Yes, if the wife pays the mortgage

No

In order to conduct a valid consent search, a police officer must have; - Beyond a Reasonable Doubt - Nothing except valid consent - Reasonable Suspicion - Probable Cause

Nothing except valid consent

If police arrest a suspect for drunk driving, and in a properly executed vehicle inventory search, they find cocaine, that drug seizure, if properly proven in court, is admissible under what exception to the search warrant requirement? - Plain view - Exigent circumstances - Vehicle exception - Search incident to a lawful arrest

Plain View

Which exception to the search warrant requirement is not really an exception to the search warrant requirement, because technically, the police are not actually searching? - Incident to a Lawful Arrest - Consent - Plain View - Vehicle

Plain View

When a suspect asks for an attorney during custodial interrogation: - Police can continue questioning while an attorney is summoned. - Police must stop questioning until an attorney is present or the suspect initiates further conversation with them. - Police can resume questioning after an attorney has been provided, even if the attorney is not present. - Police can never question the suspect again without an attorney being present.

Police must stop questioning until an attorney is present or the suspect initiates further conversation with them.

In terms of the plain view exception to the search warrant requirement, the first condition necessary for a plain view seizure to be valid is that?

Police officer must be lawfully present

The searches of vehicles without warrants has been permitted by the U.S. Supreme Court so long as, at the time of a search under the vehicle exception, the police have ________________________________ to believe that the vehicle to be searched contains evidence of a crime or other contraband.

Probable Cause

The U.S. Constitution requires police officers to have an objective basis to back up unwanted interferences with individuals' rights to liberty and privacy. What objective basis is required for an arrest? - Probable cause - No objective basis is required for an arrest. - Reasonable suspicion - A hunch

Probable cause

Under the plain view doctrine, police officers are not permitted to do anything to enhance or to improve their plain view. Which of the following would not be considered "enhancing" an officer's plain view? - Moving an object to get a better look at it - Using a telescope - Putting on eyeglasses - Using high powered binoculars

Putting on eyeglasses

Some defendants who are charged with petty offenses are released with a written promise to appear in court, which the defendant signs without admitting guilt. This is referred to as: - Waiver of bail release - Conditional ticket release - Unsecured bond release - Released on recognizance (ROR)

Released on recognizance (ROR)

During which of the following stages of the criminal process does an individual not have the right to counsel? - Search following arrest - Arraignment - Pretrial hearings - Custodial interrogation

Search following arrest

Researchers have demonstrated that being of another race when identifying strangers: - Decreases the risk of mistaken identification, but not significantly. - Increases the risk of mistaken identification, but not significantly. - Substantially decreases the risk of mistaken identification. - Substantially increases the risk of mistaken identification.

Substantially increases the risk of mistaken identification.

Which type of evidence is protected by the Fifth Amendment? - Testimonial Statements - Fingerprints - Weapons - Appearances in lineups

Testimonial Statements

The case of New York v. Quarles (1984), in which an officer asked a suspect about a gun, created what exception to the Miranda rule regarding custodial interrogation? - The Free Will Exception - The Public Safety Exception - The Reliability Rationale - The Implied Waiver Test

The Public Safety Exception

The ultimate source of American criminal procedure law is: - State court opinions - The federal rules of criminal procedure - The state constitutions - The U.S. Constitution

The U.S. Constitution

The third part of the search warrant is called:

The affidavit

What exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough? - The attenuation exception - The deterrence exception - The constitutional exception - The ethical exception

The attenuation exception

Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently? - The fruit of the poisonous tree exception - The independent source exception - The inevitable discovery exception - The attenuation exception

The attenuation exception

What is the part of a trial in which the government presents its evidence to prove the defendant's guilt? - The bail hearing - The cross-examination - The case-in-chief - The preliminary hearing

The case-in-chief

The fruit of the poisonous tree doctrine refers to: - The expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity. - Applying the exclusionary rule to constitutional violations committed by state law enforcement officials. - Applying the exclusionary rule to constitutional violations committed by judicial personnel. - The expansion of the exclusionary rule to include contraband.

The expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity.

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test? - The attenuation exception - The good-faith exception - The inevitable exception - The independent sources exception

The good-faith exception

The Fourth Amendment balances the government's power to control crime and: - The individual right of privacy. - The authority of police to protect citizens. - The individual right to protection from assault. - The ability to prevent acts of terrorism.

The individual right of privacy.

The probable cause requirement balances the societal interest in crime control and:​ - The individual right to freedom. - The individual right to free movement. - The individual right to free speech. - The individual right to free religion.

The individual right to free movement.

Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials would have found the evidence anyway? - The independent source exception - The inevitable discovery exception - The attenuation exception - The fruit of the poisonous tree exception

The inevitable discovery exception

Police inventory searches are an exception to the search warrant requirement when - Only if evidence of a crime is in plain view - The police department has a written inventory policy and it is strictly followed - It depends if the vehicle is mobile at the time of the search - It depends on the individual officer's inventory search policy

The police department has a written inventory policy and it is strictly followed

he main reason underlying the vehicle exception is the fact that at the time the police want to conduct a warrantless search of the vehicle, that in addition to the appropriate facts being present, that ___________________. - The vehicle is presently mobile - Articulable facts of the presence of contraband exist which authorizes the search of the vehicle - Reasonable suspicion exists that the vehicle contains contraband - A judge has approved of the search by telephone

The vehicle is presently mobile

True or False: Another type of situation covered under the exigent circumstance exception to the search warrant requirement is involving circumstances where a police officer is engaged in a hot pursuit.

True

True or False: As a practical matter, inventory searches conducted by the police serve to protect police officers and police department from lawsuits.

True

True or False: Eyewitness identification of strangers is low in reliability, even in the most ideal settings.

True

True or False: Hot pursuit by the police falls under the exigent circumstances exception to the search warrant requirement.

True

True or False: In order for a defendant to have a legal basis to object that a government search was unconstitutional, that defendant must have legal standing to object to the search/seizure.

True

True or False: Inventory searches are most often used to inventory the contents of automobiles.

True

True or False: Inventory searches must be conducted by the police by following the written procedures of the police department inventory search policy.

True

True or False: Once a person, lawfully entitled to do so, gives police consent to search, the police can lawfully search the entirety of the area consented to, without limitations.

True

True or False: Show-ups are less reliable than lineups.

True

True or False: The U.S. Supreme Court has not yet explicitly ruled on the difference in searching closed containers, and closed containers which are locked.

True

True or False: The U.S. Supreme Court has not yet explicitly ruled on the difference in searching containers that are merely closed, as opposed to containers that are both closed and locked.

True

True or False: The expectation of privacy that people have in their briefcases and backpacks is less than the expectation of privacy that people have in their homes, but greater than the expectation of privacy that they have in their vehicles.

True

True or False: The most common level of force police officers use (or should use) in arrest situations is verbal commands.

True

Psychologists separate memory into three phases. Which of the following is not one of the three phases? - Retention - Acquisition - Retrieval - Utterance

Utterance

Which state did I mention in class that gives people a reasonable expectation of privacy in their trash even after it has been left out on the curb for collection? - Rhode Island - Montreal - Vermont - California

Vermont

The basic idea behind the due process approach to confessions is that confessions have to be: - True - Intelligent - Rational - Voluntary

Voluntary

There are two parts to the Fourth Amendment: the reasonableness clause and the: - Suspicion clause. - Objective clause. - Subjective clause. - Warrant clause.

Warrant clause.

The major concept(s) that the U.S. Supreme Court addressed when defining the "grabbable area" of an individual in a search incident to a lawful arrest concerned:

Weapons that could be used against the police

SCOTUS created the exclusionary rule in what landmark 1914 decision? - Silverthorne Lumber Co. v. U.S. - Mapp v. Ohio - Weeks v. U.S. - Wolf v. Colorado

Weeks v. U.S.

Which of the following amendments provides a defendant with the right to due process in Federal proceedings? - the Eighth Amendment - the Fourth Amendment - the Sixth Amendment - the Fifth Amendment

the Fifth Amendment

​Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"? - the Fifth Amendment - the Fourth Amendment - the Eighth Amendment - the Sixth Amendment

the Fifth Amendment

​In Illinois v. Caballes (2005), SCOTUS held that what amendment did not apply to a drug-sniffing dog alerting on a car trunk? - the Fourth Amendment - the Sixth Amendment - the Fifth Amendment - the Fourteenth Amendment

the Fourth Amendment

When police arrest a suspect based on probable cause, but then conduct a search without probable cause or a warrant, the search is called a:​ - Pretext search. = Consent search. - Search incident to arrest. - Stop-and-frisk search.

Search incident to arrest.

The following are all examples of emergency search situations, except:​ - Entering a house on fire to search for anyone potentially inside. - Police following a suspect they are chasing into a home. - Searching a home with a suspected drug dealer inside. - Police entering and searching a house after having received a call for help from someone in the house.

Searching a home with a suspected drug dealer inside.

Reasonable suspicion needed to make a stop requires:​ - Only a hunch. - A preponderance of the evidence. - More than probable cause. - Some minimum level of objective justification.

Some minimum level of objective justification.

What is needed to establish that government action is a search? - A violation of the trespass doctrine - Subjective expectation of privacy - Subjective and objective expectation of privacy - Objective expectation of privacy

Subjective and objective expectation of privacy

The two-pronged test of privacy to determine whether a police action is actually a "search" is referred to as the: - Habeas corpus and the corpus delicti test. - Moral and legal privacy test. - Subjective and objective privacy test. - Prosecutorial and defense privacy test.

Subjective and objective privacy test.

An individual person's expectation of privacy is called: - Objective privacy - Subjective privacy - Individual privacy - Constitutional privacy

Subjective privacy

True or False: Routine detentions at international borders don't require reasonable suspicion to back up lengthy detentions or frisks.

True

True or False: The Fourth Amendment does not prohibit all "no-knock" entries.

True

True or False: The Fourth Amendment doesn't apply to unannounced searches of prisoners and their cells, for weapons and contraband, even if the motive behind the search was harassment.​

True

True or False: The Fourth Amendment only protects against invasions that amount to unreasonable searches and seizures by government officials.

True

True or False: The U.S. Supreme Court adopted total incorporation, rather than a selective incorporation approach, in deciding which of the protections of the Bill of Rights were applicable to the states via the 14th Amendment.

True

True or False: The U.S. Supreme Court unanimously ruled that where the police placed a GPS tracking device on the outside of a person's car, that action by the police constituted a search under the 4th Amendment.

True

True or False: The laws of criminal procedure consists of the principles and rules that the government must follow to detect and investigate alleged criminal acts.

True

True or False: The objective basis for inventory searches consists of following routine procedures in compiling the inventory.​

True

True or False: The on-going high-tech revolution will, in all likelihood, create new and different cases for the US Supreme Court to consider in the area of the right to privacy.

True

True or False: Unless authorized by a judge, police officers must execute search warrants during the daytime.

True

What case established the nature of a reasonable stop regarding suspected "balloon swallowers"? - Arizona v. Johnson (2009) - Illinois v. Lidster (2004) - Terry v. Ohio (1968) - U.S. v. Montoya de Hernandez (1985)

U.S. v. Montoya de Hernandez (1985)

What is the first question in the three main steps in Fourth Amendment analyses? - If the action was a search or a seizure, was it reasonable? - If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence? - If the action was reasonable, can the evidence be used to impeach a witness? - Was the law enforcement (government) action a "search" or a "seizure"?

Was the law enforcement (government) action a "search" or a "seizure"?

What is the first question in the three main steps in Fourth Amendment analyses? - If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence? - If the action was reasonable, can the evidence be used to impeach a witness? - Was the law enforcement action a "search" or a "seizure"? - If the action was a search or a seizure, was it reasonable?

Was the law enforcement action a "search" or a "seizure"?

According to SCOTUS, searches at international borders are reasonable: - Only if based on probable cause. - Only if based on reasonable suspicion. - Only with a warrant. - Without warrants, probable cause, or reasonable suspicion.

Without warrants, probable cause, or reasonable suspicion.

If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?​ - No, the officer can only seize the item if it was, in fact, a weapon. - No, they can never seize evidence unless they, in fact, know what the item is in advance. - Yes, but only if the person consents to the removal of the objects. - Yes, the officer can seize the item.

Yes, the officer can seize the item.

True or False: Arrests produce written documents that become part of a person's record.

True

True or False: In fact, most searches and seizures conducted by the police are done without warrants.

True

True or False: In practice, searches and seizures sometimes serve to protect police officers.

True

True or False: In reality, sometimes searches and seizures sometimes serve to protect the police officers.

True

True or False: Most arrests based on probable cause are reasonable without warrants.​

True

Judges will, for very specific reasons, permit that a warrant may be served other than during the day and/or that they do not need to knock before entering. Cite an example of why a judge might permit this kind of a warrant:

- Police want the person to be home - Person works during the day - Person has a violent criminal record - Person has a record for violence against police -Person has or is known to possess weapons

The right to have compulsory process for obtaining witnesses in your favor is found in the - 4th Amendment - 6th Amendment - 5th Amendment - 14th Amendment

6th Amendment

Which of the following activities cannot be conducted as a matter of routine at an international border stop? - A wallet search - A body cavity search - A pocket check - A dog sniff

A body cavity search

In the case of Illinois v. Caballes, police found contraband drugs in the vehicle operated by Caballes using - A drug detection dog - Binoculars - Plain view - A flashlight

A drug detection dog

Consent that takes place when one person in fact has the legal authority to consent to a search of the home and possessions of another person is called:​ - Prospective consent. - Actual authority consent. - Apparent authority consent. - Official consent.

Actual authority consent

True or False: The need to protect police from possible danger is not a justification for inventory searches.​

False

True or False: The scope of a search incident to arrest includes the entire place where the suspect is arrested.

False

The due process revolution occurred: - Between 1781 and 1900 - During the sixteenth and seventeenth centuries - In the new era of crime control, between 1900 and 1960 - Between 1960 and 1969

Between 1960 and 1969

Which of the following is an exception allowing entrance to a home without a warrant?​ - A tip from an informant - The smell of drugs - A tip from a neighbor - Exigent circumstances

Exigent circumstances

Probable cause deals with:​ - Unquestionable certainties - An exact degree of probability - Hunches and suspicions - Factual and practical considerations of everyday life.

Factual and practical considerations of everyday life.

(True or False) Most searches take place pursuant to warrants.

False

True or False: Equal protection of the law requires that all people are treated equally all of the time.

False

True or False: In U.S. v. White (the case where the criminal was talking with a friend regarding his criminal exploits, and the friend was wearing a wiretap for the police to listen in on the conversation), the court held that there was a right to privacy in private conversations between criminals.

False

True or False: Stops and frisks are not considered searches and seizures.

False

True or False: The 4th Amendment to the U.S. Constitution protects us against all searches conducted by the police or government officials.

False

True or False: The Constitutional right to privacy can be found in the language of the 4th Amendment.

False

True or False: The case of Terry v. Ohio is commonly referred to as a stop and frisk case. The U.S. Supreme Court held that a stop and frisk is not covered by the 4th Amendment because it does not constitute a search and seizure.

False

​In Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of which of the following from a home was a Fourth Amendment search? - Heat - Noise - Odor - Light

Heat

What is the name of an emergency created by the need to pursue a fleeing suspect?​ - Hot pursuit - Immediate danger - Community danger - Evidence destruction

Hot pursuit

What is the second question in the three main steps in Fourth Amendment analyses? - If the action was a search or a seizure, was it reasonable? - Was the law enforcement action a "search" or a "seizure"? - How will the action affect the presentation of evidence? - If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?

If the action was a search or a seizure, was it reasonable?

What is the third question in the three main steps in Fourth Amendment analyses? - Was the law enforcement action a "search" or a "seizure"? - Was the law enforcement action compliant with the Bill of Rights? - If the action was an unreasonable search or seizure, does the Fourth Amendment ban the use of any evidence obtained as a result of the unreasonable search or seizure? - If the action was a search or a seizure, was it reasonable?

If the action was an unreasonable search or seizure, does the Fourth Amendment ban the use of any evidence obtained as a result of the unreasonable search or seizure?

According to the SCOTUS opinion in Terry v. Ohio (1968), which of the following is permissible in a police stop and frisk of a citizen on a street to investigate a possible robbery? - In any instance where the police can stop a person, they can also frisk the person. - Police cannot stop citizens without probable cause that crime is afoot. - Police cannot stop citizens without clear and convincing evidence that crime is afoot. - In dealing with dangerous situations on city streets, police need an escalating set of flexible responses.

In dealing with dangerous situations on city streets, police need an escalating set of flexible responses.

What legal doctrine states that school officials are substitute parents when students are in school?​ - Parentis ignotius - Parentis optime - In loco parentis - Carpe parentis

In loco parentis

According to the SCOTUS holding in Arizona v. Gant (2009), police may search a vehicle incident to a recent occupant's arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search, or if:​ - The police have reason to believe that there is evidence in the car. - It is reasonable to believe that the vehicle contains evidence of the offense of arrest. - The police have reasonable suspicion that the car contains contraband or weapons. - There is no second reason for a search.

It is reasonable to believe that the vehicle contains evidence of the offense of arrest.

The "grabbable area" allows police to search:​ - Only the area within the suspect's immediate control or "arm's length." - Only the areas in "plain view" of the police officer at the moment of arrest. - Only the area described in the affidavit as likely to contain evidence of a crime. - Only the area where the suspect may have been present within the previous 12 hours.

Only the area within the suspect's immediate control or "arm's length."

In which of the following places does the privacy doctrine apply? - Opening a briefcase and looking inside - Looking through the window of a car parked on the street - Overhearing a conversation on the street - Standing in the street and looking into a living room through open curtains

Opening a briefcase and looking inside

In the Katz v. U.S. case (the guy gambling using a telephone booth to make telephone calls), Justice Potter Stewart made famous the quote that the 4th Amendment protects _______________________, not places.

People

In Tennessee v. Garner (1985), SCOTUS decided that:​ - Lethal force can be applied against non-dangerous criminal suspects. - Lethal force is permitted against misdemeanor offenders. - Suspects can be engaged with deadly force if there are bystanders who could be harmed. - Police cannot shoot a fleeing suspect if the suspect poses no imminent danger.

Police cannot shoot a fleeing suspect if the suspect poses no imminent danger.

Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called? - Judicial reviews - Habeas corpus - Petitions - Precedents

Precedents

To do a body cavity search at an international border, which of the following is needed? - Individualized suspicion - Reasonable suspicion - Probable cause - A written set of procedures

Probable cause

What is the proper legal standard under the Terry v. Ohio case that is required before the police can conduct a limited pat down of a person's outer clothing for the presence of weapons:

Reasonable suspicion that the person is presently armed

The Fourth Amendment particularity requirement for search warrants:​ - Does not require a specific address of the place to be searched, but the items to be seized must be specifically described. - Requires that the warrant specifically describe the place to be searched and the person or things to be seized. - Requires a specific address, but gives police the discretion to search for whatever they might consider incriminating evidence. - Requires police to describe in detail their reasons for investigating the offender.

Requires that the warrant specifically describe the place to be searched and the person or things to be seized.

The term "parallel rights" refers to: - State rights that have been replaced by federal rights - Rights guaranteed by state statute that are similar to the rights included in the state constitution - Rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution - Rights guaranteed by a state constitution that include rights not guaranteed by the U.S. Constitution

Rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution

The term "parallel rights" refers to: - Rights guaranteed by state statute that are similar to the rights included in the state constitution. - State rights that have been replaced by federal rights. - Rights guaranteed by a state constitution that include rights not guaranteed by the U.S. Constitution. - Rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution.

Rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution.

Due Process protections in state cases can be found in which Amendment to the U.S. Constitution? - The 5th Amendment - The 4th Amendment - The 14th Amendment - The 6th Amendment

The 14th Amendment

The right to indictment by Grand Jury in felony cases in Federal court can be found in: - The 5th Amendment - The 14th Amendment - The 4th Amendment - The 6th Amendment

The 5th Amendment

In Mapp v. Ohio (1961), the Court applied which of the following to states? - The right of self-incrimination - The right to a speedy trial - The exclusionary rule - The right to assistance of counsel

The exclusionary rule

The privacy doctrine is an example of balancing the government's power to control crime and: - The appellate authority of state courts - The need for law enforcement to search for evidence - Judicial authority to grant warrants - The individual's right to be left alone by the government

The individual's right to be left alone by the government

The privacy doctrine is an example of balancing the government's power to control crime and: - Judicial authority to grant search warrants. - The appellate authority of state courts. - The individual's right to be let alone by the government. - Law enforcement's need to search for evidence.

The individual's right to be let alone by the government.

With regard to border searches, SCOTUS has found that:​ - Any kind of border search can be made without any justification whatsoever. - Strip searches must be justified by probable cause. - Body cavity searches are never justified. - The national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.

The national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.

The case of State v. Patino (2012) resulted in what conclusion from SCOTUS regarding the right to privacy in text messages? - The right to privacy never extends to text messages on the sending party's cell phone. - The defendant had no right to privacy in personal text messages. - The right to privacy did not extend to the messages contained on another's phone. - There is never a right to privacy in text messages.

The right to privacy did not extend to the messages contained on another's phone.

The second part of a search warrant is called:

The search warrant

Which of the following is not a requirement for obtaining a warrant to arrest a suspect at home?​ - An affidavit - A neutral magistrate - The name of the person to be arrested - The suspect's criminal history

The suspect's criminal history

In Graham v. Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically "roughed up" by the police. The court said:​ - The police were justified in using force, but they should have given him the juice. However, the conviction stood - The use of force was excessive, and the case was remanded back to the lower court. - The use of force was not excessive and upheld the conviction for being drunk in public. - The police were justified in "roughing up" Graham and denying him any sugar or orange juice, because it would have been "unreasonable" for the police to stop in the middle of an arrest and get him relief.

The use of force was excessive, and the case was remanded back to the lower court.

There are two parts to the Fourth Amendment: the reasonableness clause and the; - The warrant clause - The Santa Claus - The subjective clause - The objective clause

The warrant clause

In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the apparent authority of third-party consent theory:​ - A search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment. - The third party who is giving consent to search must have actual authority over the premises. - Third-party consent cannot be used to enter a person's home, whether to make an arrest or to search. - The warrantless entry to search based on third-party consent is valid if the officer reasonably believes that the person consenting had authority to consent.

The warrantless entry to search based on third-party consent is valid if the officer reasonably believes that the person consenting had authority to consent.

In California v. Greenwood (1988), SCOTUS held that: - There is never a reasonable expectation of privacy for trash. - There is no reasonable expectation of privacy for the trash people place in the waste baskets located in their homes. - There is no reasonable expectation of privacy for the trash people place outside (in bags or cans) for pick-up on the front curbs of their homes. - There is no reasonable expectation of privacy for trash, unless people have shredded it.

There is no reasonable expectation of privacy for the trash people place outside (in bags or cans) for pick-up on the front curbs of their homes.

Which of the following is a legitimate purpose for a frisk? - To protect officers - To preserve evidence - To convince suspects that they should respond to an officer's questions - To find illegal drugs

To protect officers

Which of the following is a legitimate purpose for a frisk? - To protect police officers and the public who are nearby - To convince suspects that they should respond to an officer's questions - To find illegal drugs - To preserve evidence

To protect police officers and the public who are nearby

Law enforcement officers take inventories to satisfy three government interests that aren't directly connected to searching for evidence of a crime. Which of the following is not one of those three government interests?​ - To protect law enforcement agencies against lawsuits for the loss, destruction, or theft of owners' property. - To protect vehicle owners from false accusations while in police custody. - To protect owners' personal property while they, or their vehicles or other containers, are in police custody. - To protect law enforcement officers, detained suspects, and offenders from the danger of bombs, weapons, and illegal drugs that might be hidden in owners' property.

To protect vehicle owners from false accusations while in police custody.

Prior to the U.S. Supreme Court decision in Katz v. U.S., the court analyzed 4th Amendment actions by government officials under which legal doctrine? - Right to privacy doctrine - Trespass doctrine - The inevitable discovery doctrine - The consent doctrine

Trespass doctrine

Until 1967, SCOTUS defined searches mainly according to property law. According to the _______________, to qualify as a search, officers had to physically invade a "constitutionally protected area." - Privacy doctrine - Trespass doctrine - Constitutionality doctrine - Reasonable expectation of privacy doctrine

Trespass doctrine

(True or False): Although it is the highest court in the land, SCOTUS (Supreme Court of the United States) depends on local courts and the police to apply its decisions to daily situations.

True