AJS260 / Criminal Procedure - Ch. 5 & 6

Reasonable suspicion is:

An attempt to strike a balance between procedural due process and crime control.

A frisk must be supported by reasonable suspicion that the suspect is:

Armed and dangerous.

The ________ rule announced in Chimel provides that, pursuant to a valid arrest, the police may search the area "within the immediate control" of the arrestee.

Armspan

Which of the following is NOT a reason articulated by the Supreme Court as a reason allowing automobile searches without a warrant:

Automobiles are not subject to the probable cause requirement.

Reasonable suspicion is a standard of justification:

Created by the Supreme Court.

Which of the following is the leading Supreme Court case concerning stationhouse detentions?

Davis v. Mississippi

"Evanescent evidence" refers to evidence that is likely to:

Disappear.

Emergency situations allowing for searches without a warrant are referred to as:

Exigent circumstances.

A person who, in the eyes of a reasonable police officer, is "free to leave" is always considered free to leave for purposes of determining if a stop has occurred.

False

In Maryland v. Buie, the Supreme Court ruled that the police may not, as part of a search incident to arrest, look in areas immediately adjoining the place of arrest for other persons who might attack the officers.

False

In United States v. Lee the Supreme Court created the automobile exception to the Fourth Amendment.

False

Inadvertency is a requirement for a valid plain view seizure.

False

Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest.

False

The Supreme Court has ruled that the government can sometimes claim exigent circumstances if the exigency is created by the police.

False

The Supreme Court has sanctioned a stop lasting 36 hours.

False

The police no longer must have lawful access to an object in order to seize it under the plain view exception to the Fourth Amendment's warrant requirement.

False

Which of the following are considered restrictions on frisks?

Frisks are nothing more than pat-downs of outer clothing. For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband. Frisks must be motivated by a desire to preserve officer safety. ***All of the above

Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?

Getting a warrant would be inconvenient and costly

In which cases did the Supreme Court declare the "inadvertency" is not a requirement for a valid plain view seizure?

Horton v. California

An ________ detention is less intrusive than an arrest but more intrusive than a Terry stop.

Investigative

A valid hot pursuit must originate from a ________ starting point.

Lawful

Warrantless searches and seizures include:

Searches based on the plain view doctrine. Arrests in public places. Searches incident to arrest. Automobiles. ***All of the above

Stops and frisks are considered ________ acts.

Separate

Which of the following can be said about stop and frisk?

Stops always precede frisks. Stops and frisks are separate acts. Stops do not automatically give rise to frisks. *All of the above

Which of the following is NOT an exception to the Fourth Amendment's warrant requirement?

Suspicion search

The standards for stops and frisks were first created by the Supreme Court in ________ v. Ohio.

Terry

Hot pursuit, escape and endangerment to others, and evanescent evidence are examples of exigent circumstances.

True

In Breithaupt v. Abram the Supreme Court upheld the warrantless intrusion (via a needle) into a person's body for the purpose of drawing blood to see if he had been drinking.

True

Investigative detentions (also known as stationhouse detentions) require more justification than a Terry stop but less than probable cause.

True

Minnesota v. Dickerson is considered by many to be the case that officially recognized the doctrine known as plain touch (sometimes called plain feel).

True

Planes are considered automobiles for Fourth Amendment warrantless search purposes.

True

Police officers can stop and detain motorists in their vehicles with articulable and reasonable suspicion that the motorist is violating the law.

True

Reasonable suspicion is a higher standard than probable cause.

True

The Supreme Court has held that before a frisk can take place, absent exigent circumstances, the officer must identify himself or herself.

True

The case of United States v. Rabinowitz was the first to set limits on the scope of a search incident to arrest.

True

The scope of a valid warrantless vehicle search is as great as a magistrate could authorize in a warrant if the police have justification to search.

True

The term "reasonable suspicion" is found nowhere in the Constitution.

True

Which of the following is a leading drug courier profiling case?

United States v. Sokolow Reid v. Georgia United States v. Mendenhall Florida v. Royer *All of the above are leading drug courier profiling cases.

Which of the following can be considered characteristics of drug couriers?

Unusual itinerary Carrying little or no luggage Arrival from or departure to an identified source city Use of an alias *All of the above

The Supreme Court first permitted warrantless hot pursuit searches in:

Warden v. Hayden

A frisk must be supported by reasonable suspicion that the suspect is ________ and dangerous.

armed

The Supreme Court in Chimel v. California established the ________ rule.

armspan

Police officers can stop and detain motorists in their vehicles with ________ and reasonable suspicion that the motorist is violating the law.

articulable

The Supreme Court in Carroll v. United States carved out a(n) ________ exception to the Fourth Amendment's warrant requirement.

automobile

The Supreme Court in Reid v. Georgia addressed the practice of ________ courier profiling.

drug

Evidence that may disappear if not captured quickly is known as ________ evidence.

evanescent

Hot pursuit is one type of ________ circumstance.

exigent

Warden v. Hayden was the first Supreme Court case to recognize the ________ pursuit warrant exception.

hot

A search of an arrested person made contemporaneously with the arrest is a search ________ to arrest.

incident

An ________ detention is less intrusive than an arrest but more intrusive than a Terry stop.

investigative

The Supreme Court has adopted a/an ________ test in order to distinguish stops from nonstops.

objective

Minnesota v. Dickerson is the case that officially recognized the doctrine known as ________ touch.

plain

The ________ view doctrine first emerged in the Supreme Court's decision in Coolidge v. New Hampshire.

plain

A valid frisk can lead to valid search if ________ cause for the search is established during the detention.

probable