Chapter 2 Review
An offense committed in the presence of an officer can be the basis of an arrest without a warrant. "In the presence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, or smell.
True
Final ratification of the Constitution of the United States was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government. These guarantees came in the form of the first ten Amendments to the Constitution known as the Bill of Rights.
True
Formally charging a suspect with a crime does not automatically flow from an arrest.
True
The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens, especially the former slaves.
True
The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds or probable cause exists to make the arrest.
True
The most preferred method of affecting an arrest is under the authority of a warrant.
True
Incriminating evidence is found during a consent search. What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted?
Was consent voluntarily given?
Until 1914, federal law enforcement officers, conducting an illegal search that produced incriminating evidence, were allowed to use that evidence in court. What happened that changed the use of illegal evidence by federal officers?
Weeks v. United States forbids the use of illegally obtained evidence by federal officers.
A written statement of the information known to the officer that serves as the basis for the issuance of a warrant is a/an
affidavit
A judicial order commanding a person to whom it is issued or some other person to bring a person promptly before a court to answer a criminal charge is a/an
arrest warrant
A temporary and limited interference with the freedom of a person for investigative purposes is the definition of a/an
detention
Procedural law deals with all of the following except
elements of a crime
The ingredients of arrest include all of the following except
force
According to the courts, any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court. This is based on the
fruits of the poisonous tree doctrine
Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before is the
fruits of the poisonous tree doctrine
A John Doe warrant is valid
if there is a particular description of the perpetrator but the person's name is not known.
Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure?
incident to an unlawful arrest.
Which of the following can be used to establish probable cause?
personal observations and knowledge of the investigator.
Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinary caution, under the same circumstances to believe that a crime has been, is being, or is about to be committed is a definition of
probable cause
Circumventing the intent of Weeks v. U.S., whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as
silver platter doctrine
Which of the following is not usually required to be in the contents of a valid arrest warrant?
the authority to search the person arrested
Which of the following cases established the rule that any evidence unreasonably searched and seized could no longer be admissible in any court?
Mapp v. Ohio
Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search?
Muehler v. Mena.
In Minnesota v. Dickerson, why was the defendant not convicted?
Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a pat down and manipulated it to determine what it was.
What burden of proof is required to obtain a search warrant?
Probable cause
The landmark Supreme Court ruling that allows stop and frisk procedures is
Terry v. Ohio
The due process clause is found in which Amendment of the Bill of Rights?
Fifth Amendment.
Which of the following protects citizens from unreasonable searches and seizures?
Fourth Amendment
Which Supreme Court Case established the "moveable vehicle" rule?
Carroll v. United States.
Which of the following is not a requirement for a plain view search to be legal?
Evidence is found after a limited search.
What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant?
Exigent circumstances.
A search warrant is a written order, in the name of the judge, signed by a district attorney, exercising proper authority, and directing a law enforcement officer to search for specific property and bring it before the court.
False
Procedural law deals with processes of arrest, search and seizure, interrogations, confessions, admissibility of evidence and testifying in court and therefore changes less frequently than does substantive law.
False
The Hurtado v. California case attempted the process of the "shorthand doctrine" but instead, ratified the "fruit of the poisonous tree doctrine."
False
The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest, and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for.
False
