Quiz 6

What does the use of a drug-sniffing dog to identify the presence of drugs inside a home and thermal technology looking for the heat from grow lights have in common? a. Both tactics violate the reasonable expectation of privacy individuals have inside their homes. b. Both are considered unconstitutional even if officers have a search warrant. c. Both are acceptable options to identify drug growing operations if officers have been unable to obtain a search warrant. d. Both would produce evidence that would be admissible in court.

a. Both tactics violate the reasonable expectation of privacy individuals have inside their homes.

Officers illegally searched a home for drug manufacturing and discovered the drugs as well as victims of a human trafficking ring. What is true of the admissibility of the evidence regarding the human trafficking ring obtained during the search? a. Evidence of human trafficking would be inadmissible because it is fruit of the poisonous tree. b. Evidence relating to the drugs would be inadmissible because of the exclusionary rule, but the evidence of human trafficking would be admissible. c. Evidence of the human trafficking would be inadmissible, because the officers were not expecting to find human trafficking. d. Evidence of both crimes would be admissible due to the nature of their severity.

a. Evidence of human trafficking would be inadmissible because it is fruit of the poisonous tree.

Due process at the federal level is addressed by the ______ Amendment to the U.S. Constitution. a. Fifth b. Fourth c. Fourteenth d. Sixth

a. Fifth

What event led to an increase in the number of monitoring devices designed to catch suspicious communications through e-mail and cell phones? a. September 11 terrorist attacks b. Manchester terrorist bombing c. Bataclan terrorist attack d. Oklahoma City bombing

a. September 11th terrorist attacks

What was addressed in the Katz v. United States Supreme Court ruling? a. citizens' reasonable expectation of privacy in their homes and certain public places b. the use of canines to search for drugs c. the use of technology such as security cameras to monitor public streets and traffic lights d. stop and frisks as a form of racial profiling

a. citizens' reasonable expectation of privacy in their homes and certain public places

If an officer legally enters a house and sees drug paraphernalia on a coffee table, the officer can seize the items under the ______ exception. a. plain view doctrine b. incident to lawful arrest c. regulatory d. exigent circumstances

a. plain view doctrine

A police officer pulls over a motorist for a broken tail light. He smells marijuana in the car and decides to search the vehicle for drugs. What was the basis of his decision to conduct a search? a. probable cause b. assurance of criminality c. preponderance of evidence d. reasonable suspicion

a. probable cause

No warrant is needed to search a person's trash. a. true b. false

a. true

Suspects have been known to give false confessions under stressful circumstances. a. true b. false

a. true

Most courts agree someone is under arrest ______. a. when a reasonable person believes she or he is not free to leave b. only once the individual has been booked c. whenever an individual is handcuffed d. only when an officer clearly states that the individual is under arrest

a. when a reasonable person believes she or he is not free to leave

Which of the following must an officer do in order to obtain a search warrant? a. Articulate reasonable suspicion in an affidavit to the issuing judge. b. Articulate probable cause in an affidavit to the issuing judge. c. Submit a written request to the first-line supervisor, typically a sergeant. d. Submit a written request to the police chief or the acting chief on duty.

b. Articulate probable cause in an affidavit to the issuing judge.

______ is an objective basis supported by specific facts that leads an officer to believe that someone committed a crime. a. Reasonable doubt b. Reasonable suspicion c. Probable cause d. Clear and convincing evidence

b. Reasonable suspicion

Why is evidence from canine searches of automobiles allowed without a warrant, but evidence from canine searches outside of a home require a warrant? a. The Supreme Court has not yet decided on a case regarding canine searches of automobiles. b. There is a higher expectation of privacy in a home than there is in an automobile. c. There is a higher chance that canines will misidentify drugs when searching a home compared to automobile searches. d. The Constitution expressly protects homes, but not automobiles.

b. There is a higher expectation of privacy in a home than there is in an automobile.

Mapp v. Ohio held that the "totality of the circumstances" test be used to determine probable cause for a search. a. true b. false

b. false

Under the ______ doctrine, additional evidence found as a result of initial illegal police activity is inadmissible in court. a. good faith b. fruit of the poisonous tree c. purged taint d. inevitable discovery

b. fruit of the poisonous tree

An individual must be Mirandized ______. a. as soon as they are arrested b. when they are interrogated after being taken into custody c. anytime the police speak to that individual d. when they request an attorney

b. when they are interrogated after being taken into custody

The ______ ruling confirmed the right to an attorney. a. Weeks v. United States b. United States v. Leon c. Escobedo v. Illinois d. Miranda v. Arizona

c. Escobedo v. Illinois

Protection against unreasonable researches and seizures is guaranteed by the ______ Amendment. a. Fifth b. Fourteenth c. Fourth d. Sixth

c. Fourth

Which amendment protects individuals from having their property confiscated without due process? a. Fifth Amendment b. Fourteenth Amendment c. Fourth Amendment d. Sixth Amendment

c. Fourth Amendment

The ______ rule states that evidence that was obtained illegally cannot be used in trial. a. due process b. evidentiary c. exclusionary d. suppression

c. exclusionary

Michael is arrested for selling drugs. After his arrest, he is searched by an officer who finds a weapon. This is a type of warrantless search permitted under the ______ exception. a. exigent circumstance b. suspicionless search c. incident to a lawful arrest d. regulatory search

c. incident to a lawful arrest

In a drunken rage, a man killed his wife and buried her in the backyard. He turned himself into the police and admitted that he killed her, and prior to being Mirandized, he revealed the location of her body. The defense argued that the evidence about the body was inadmissible because that information was obtained illegally. However, the prosecutor successfully argued that it should be admitted, because police would have discovered the freshly dug grave in the backyard without the confession. The judge allowed the evidence by citing the ______ rule. a. fruit of the poisonous tree b. good-faith exception c. inevitable discovery d. exclusionary

c. inevitable discovery

In order to conduct a legal search, officers must show that ______ exists that evidence of a crime will be found. a. reasonable suspicion b. reasonable doubt c. probable cause d. clear and convincing evidence

c. probable cause

In recent years, there have been many conflicting court case decisions about whether ______ is/are needed to monitor e-mails, text messages, and voicemails, suggesting that courts are struggling to decide how to balance privacy and safety. a. reasonable suspicion b. probable cause c. warrants d. technological changes

c. warrants

The U.S. Supreme Court overturned his conviction because Ernesto Miranda was not informed of the rights granted in the ______. a. Fifth and Fourteenth Amendments b. Sixth and Fourteenth Amendments c. Fourth and Fifth Amendments d. Fifth and Sixth Amendments

d. Fifth and Sixth Amendments

A police officer is walking in a community and hears a man screaming for help from inside a house. He immediately breaks in the home and saves the man's life. Why was a search warrant not required to enter the house in this situation? a. The fact that the man was screaming loud enough to be heard outside would fall under the plain view doctrine. b. The man's scream for help constituted consent to a search. c. The warrant requirement would be waived because it would be considered a regulatory search. d. Searches do not require warrants if there are exigent circumstances, such as an individual's life being in danger.

d. Searches do not require warrants if there are exigent circumstances, such as an individual's life being in danger.

In ______, the Supreme Court ruled that police can stop and frisk an individual based upon reasonable suspicion. a. Mapp v. Ohio b. Weeks v. United States c. Riley v. California d. Terry v. Ohio

d. Terry v. Ohio

In 2017, the FBI conducted a raid at the home of political operative Paul Manafort early in the morning by breaking in without announcing themselves. Based on this information, which of the following statements is true? a. The FBI had evidence that a crime was in progress, so they did not have to obtain a search warrant. b. The raid would be considered unconstitutional. c. The FBI had obtained a knock-and-announce warrant. d. The FBI had obtained a no-knock warrant

d. The FBI had obtained a no-knock warrant

______ place(s) limits on police powers to ensure due process. a. Citizens b. Congress c. The President d. The Supreme Court and the Constitution

d. The Supreme Court and the Constitution

A police officer stops a motorist for speeding. While interacting with the officer, the motorist is rude and evasive when answering questions. Which of the following would be true in this situation? a. The officer would have probable cause to search the vehicle without consent because the motorist was speeding. b. The officer would not have probable cause to search the vehicle because the motorist cannot be searched without consent for any reason. c. The officer would have probable cause to search the vehicle without consent because the motorist is being rude. d. The officer would not have probable cause to search the vehicle without consent based on the motorists' attitude alone.

d. The officer would not have probable cause to search the vehicle without consent based on the motorists' attitude alone.

The search of airline passengers and the inspection of vehicles and cargo at U.S. borders do not require a warrant because ______. a. they are based on the plain view doctrine b. they are based on reasonable suspicion c. they are not conducted by government officials d. they are regulatory searches

d. they are regulatory searches

All of the following are included in the Miranda warning except ______. a. the right to remain silent b. the right to consult with an attorney c. an attorney to be provided at no cost if they cannot afford one d. the right to appeal

d. the right to appeal

Once a person is lawfully arrested, the officer can search ______. a. the suspect only b. the suspect and the suspect's dwelling or vehicle only c. anything can be searched after a lawful arrest d. the suspect and the area surrounding the suspect only

d. the suspect and the area surrounding the suspect only

Which of the following examples would likely be granted an exception to the exclusionary rule? a. Officer Kim believed the suspect was guilty, so he lied to the suspect and briefly showed them a copy of a search warrant from another case. b. Officer Leon did not have a warrant but decided to conduct a search based on his intuition. c. Officer Lopez conducts a search relying on a search warrant that she didn't know was illegally obtained by another officer. d. Officer Smith lied to get a search warrant, then conducted a search based on the defective warrant.

c. Officer Lopez conducts a search relying on a search warrant that she didn't know was illegally obtained by another officer.

The ______ Amendment guarantees the right to an attorney in a criminal case. a. Fourth b. Fourteenth c. Sixth d. Fifth

c. Sixth

A suspected drug dealer employed at a grocery store always goes to the back of the store beside the dumpster to make telephone calls. Police plant a listening device next to the dumpster to record his calls without a warrant. In court, the defense argues that evidence should be thrown out because this represented a warrantless search. If the court found in favor of the defense, what would likely be their reasoning? a. Police are never allowed to listen to phone conversations without a warrant. b. The back of the store would not have been a public place. c. The employee had a reasonable expectation of privacy. d. The employee would not have carried out the conversation had he known there was a listening device.

c. The employee had a reasonable expectation of privacy.

Courts claimed that warrantless searches of people under supervision encourage ______. a. recidivism and reoffending b. distrust of the criminal justice system c. cooperation with law enforcement d. deterrence and rehabilitation

d. deterrence and rehabilitation

Fire inspections do not required warrants, because they are considered ______. a. suspicionless searches b. emergency searches c. exigent searches d. regulatory searches

d. regulatory searches