Policing System and Practice review 4

Which of the following would be used by the police to warn people about their control over police questioning? a. Fifth Amendment b. Due process voluntariness c. 18 U.S.C. Section 3501 d. Miranda rights

D

True or False: Search incident to arrest is the first type of permissible warrantless search.

True

True or False: There are two types of exigencies, Hot pursuit and evanescent danger.

True

True or False: All acts of looking for evidence are within the meaning of the Fourth Amendment.

True

True or False: If a vehicle contains evidence of a crime, it is permissible to conduct a warrantless search.

True

True or False: If an officer engages in search and seizure without justification, he or she violates the Fourth Amendment.

True

True or False: In concern for the officer's safety, a frisk is used to pat down a person's outer clothing.

True

True or False: Justification is needed before officers can conduct a search and seizure.

True

True or False: One search that can be conducted without a warrant is a plain-view search.

True

True or False: Police must be very concerned about how they conduct searches in order to maintain arrests.

True

The police have set up a roadblock checkpoint to check car inspections to ensure that the cars on the road are safe for all. What is this an example of? a. Administrative search b. Search and seizure c. Administrative justification d. Warrant search

A

Which of the following is defined as a cursory visual inspection of those places in which a person might be hiding? a. Protective sweep b. Search incident to arrest c. Arm-span rule d. Evanescent evidence

A

Which of the following pertains to taking private property in a criminal investigation? a. Seizure b. Probable cause c. Search d.Justification

A

Which of the following states that in any federal prosecution a confession shall be admissible in evidence if it is given voluntarily? a. Fifth Amendment b. Due process voluntariness c. 18 U.S.C. Section 3501 d. Miranda rights

A

Which of the following would be an example of evanescent evidence? a. Blood on the sidewalk in a rainstorm b. Blood in a car after an accident c. Blood in a private home after a shooting d. Blood in a vial taken at the hospital

A

You see a person hastily throw something away in a trashcan when he or she saw a police officer walking toward him or her. After you tell the police officer this, he reaches in the bag you saw and finds a gun. He then goes up to the person you saw throw it away and conducts a search. What does the finding of the gun signify to the court? a. The reasonableness of the search b. An illegal search c. Reasonable expectation of privacy d. Administrative justification

A

True or False: There are two amendments in place to restrict how the government can obtain confessions.

False

What would a doctrine that limits a search immediately following arrest to the area within the immediate control of the person arrested be called? a. Search incident to arrest b. Arm-span rule c. Protective sweep d. Exigent circumstances

B

When police have probable cause to believe that a person, they are chasing has committed a crime and is on the premises entered, upon what is the search based? a. Consent b. Hot pursuit c. Evanescent evidence d. Plain-view

B

Which of the following parts of the Fourth Amendment would be used by a police officer to gather evidence in a criminal matter? a. Seizure b. Probable cause c. Search d. Justification

B

Which of the following would be characterized as meaningful interference with an individual's possessory interest in that property? a. Search b. Seizure c. Probable cause d. Reasonable suspicion

B

Which of the following would be used if police are in pursuit of a man who robbed a liquor store at gunpoint and ran into a house? a. Search incident to arrest b. Protective sweep c. Plain-view doctrine d. Hot pursuit exception

B

Which of the following would meet criteria for reasonable suspicion? a. Less than probable cause, but more than preponderance of the evidence. b. Less than preponderance of the evidence, but more than administrative justification. c. Less than administrative justification, but more than hunch. d. Less than proof beyond a reasonable doubt, but more than probable cause.

B

Which of the following would require the civil equivalent of probable cause? a. Proof beyond a reasonable doubt b. Preponderance of the evidence c. Reasonable suspicion d. Administrative justification

B

A police officer is on duty and playing a pick-up game of basketball with some local teens as part of public relations. He is tapped to sit out while someone else goes in, and he sits on a bench near some backpacks. One of the backpacks was open, and he could see some white powder in a baggie and a pipe. How is he able to conduct a warrantless search at this point? a. It was a consent search b. It was a search incident to arrest c. It was a plain-view search d. It was a search based on exigent circumstances

C

A suspect is running away from a police officer and runs into another one blocking his way out of an alley. What could this be considered? a. Search b. Seizure c. Justification d. Reasonableness

C

After impoundment, which of the following would occur as a warrantless search? a. Stop and frisk b. Person inventory c. Vehicle inventory d. Checkpoint

C

As a police officer in an investigation, you need to enter a certain house in which you suspect you will find evidence of a crime. What do you need to be sure you follow in order to gain evidence correctly? a. Administrative justification b. Miranda rights c. Fourth Amendment d. State Supreme Court

C

Questions initiated by a police officer that are intended to incriminate a specific individual in a criminal matter are said to be which of the following? a. Interrogation b. Due process c. Functional equivalent (of a question) d. Express

C

Which of the following is described as a pat down of a person's outer clothing done out of concern for the officer's safety? a. Search b. Seizure c. Frisk d. Stop

C

You are in a strange neighborhood, and a police officer drive by. He can clearly see that you do not know the neighborhood and are not from there. He stops you and frisks you because he just had a report of someone who looked like you with a knife. What level of justification did the officer use? a. Probable cause b. Search and seizure c. Reasonable suspicion d. Administrative justification

C

After a suspect is released from questioning for a certain period, he is no longer under the Miranda warning. How long is this period? a. 3 days b. 7 days c. 10 days d. 14 days

D

This is a location at which a warrantless, suspicion less search can be conducted for the safety of the general public. a. Stop and frisk b. Person inventory c. Vehicle inventory d. Checkpoint

D

Which of the following is a requirement of an arrest warrant? a. Any magistrate with the authority to sign b. A magistrate already involved in the case in some way c. A magistrate heavily involved in prosecuting that type of offense d. A neutral and detached magistrate

D

Which of the following is characterized as the focus of a court's examination of the reasonableness of a search or seizure? a. Probable cause b. Seizure c. Reasonable suspicion d. Justification

D

Which of the following occurs when a suspect is searched immediately after apprehension in order to ensure officer safety? a. Automobile searches b. Plain-view searches c. Searches based on exigent circumstances d. Searches incident to arrest

D

Which of the following would be an example of a situation in need of an arrest warrant? a. Two adolescents are caught in school with guns. b. A woman is held at knifepoint in her home. c. A man is caught on the street shortly after being seen buying drugs. d. A man is arrested for unpaid traffic tickets at his home.

D

You are approaching a house owned by the friend of someone you know just caused a hit and-run accident. The friend is out on the porch, and you ask him if you can enter the house and look for the suspect. He says yes, and you find the suspect. The suspect's attorney argues that you did not have a warrant, but the judge allows it. What is this an example of? a. Searches incident to arrest b. Searches based on exigent circumstances c. Plain-view searches d. Consent searches

D

You need to get an arrest warrant from a magistrate for an offender you have dealt with before. You know the name and have a location. What requirement have you met? a. Probable cause b. Neutral magistrate c. Search and seizure d. Particularity requirement

D

You pass a home that has a marijuana plant in a hanging planter on the deck. As a police officer, you stop and seize it, arresting the occupants of the home. They argue that Katz prevents you from doing so. What would be the ruling? a. The home is a physical location and is protected. b. A home has a reasonable expectation of privacy. c. The owners were in the home and were covered as protected persons. d. A plant on a deck is knowingly exposed to the public.

D

Searches are performed to figure out a where a criminal is located.

False

True or False: Arrests made in third-party homes do not require a warrant to search the property.

False

True or False: Consent searches are not permissible by warrants.

False

True or False: Probable cause is the standard for stop-and-frisk.

False

True or False: Reasonable suspicion is a higher level of justification than probable cause.

False

True or False: Searches are performed to figure out where a criminal is located.

False

LEVELS OF PROOF Proof beyond a reasonable doubt → ... Probable cause → ... Preponderance of the evidence → ... Reasonable suspicion → ... Administrative justification → ... Hunch → ...

Proof beyond a reasonable doubt → around 95% certainty Probable cause → more than 50 % certainty Preponderance of the evidence → civil equivalent of probable cause Reasonable suspicion → between 1 to 50% certainty Administrative justification → balancing approach Hunch → no justification at all