CRJS-475 Exam II (ch. 6,-11)

According to research by Ronald Huff, what is a factor that would have led Thompson to misidentify Cotton, although the sexual assault would have provided her a close look at her attacker?

Conditions of extreme stress can affect perception and memory.

What is the reason given as to why strip searches continued in New York City after they were ruled illegal by an appellate court in 1986?

Corrections officers and guards were not aware that the searches were deemed illegal.

What rationale upheld by SCOTUS supports subjecting individuals charged with a crime but not yet found guilty to strip searches while awaiting trial in jail?

Corrections officials need to maintain safety, security, and discipline in their facilities.

What about the nature of the crime allowed the police to test DNA evidence?

DNA evidence is often only available in crimes like murder and rape.

Which of the acceptable emergency circumstances allows officers to forgo a warrant if they have probable cause to believe that a suspect has committed a violent crime?

Danger to the community

Which of the following statements explains the difference between actual authority consent and apparent authority consent?

Actual authority consent takes place when someone has the legal authority to consent to a search for another individual; apparent authority consent takes place when officers believe someone has legal authority to consent to a search for another.

At this time, which four states have mandatory video recording requirements for police interrogations?

Alaska, Illinois, Maine, and Minnesota

A decision to suppress evidence obtained after erroneously asserting there was an arrest warrant for an individual could have what deterring effect on the police force?

Emphasize the need for training and verification of discrepancies in records.

What is the bright-line rule that came about as a result of the majority opinion given in Mapp v. Ohio (1961)?

Evidence obtained illegally, without another exception, will be excluded from state courts.

Of the following circumstances, which one would be considered the most reliable, taking into account the five Manson factors considered when weighing the reliability of eyewitness accounts?

An officer who has a personal encounter with the culprit and gives an accurate description of that person later that day to a composition artist.

What is a potential pitfall to having forensic labs either organized by the police or as part of a police building or department?

Analysts are more likely to be pro-prosecution and have a bias.

What is the correlation between strength of a memory and someone's confidence in it?

As memory fades, confidence in the memory grows.

How does a search and seizure by public college officials compare to that of a special needs search at an international border or in an airport?

Border agents have a special requirement of protecting what comes across the border, so don't require warrants for searches.

Under the terms of the settlement, each individual who was subjected to an illegal search is entitled to claim an amount from ____________ to ____________.

$250; $22,000

Which amendment to the U.S. Constitution includes a clause that prevents individuals from being compelled in criminal cases to be witnesses against themselves?

Fifth Amendment

The due process approach to police interrogation and suspects' confession derives from which constitutional amendment?

Fourteenth

Defendants most often try to apply the exclusionary rule to which amendment?

Fourth Amendment

SCOTUS holds the belief that a man's home should be ____________.

Free from unreasonable governmental intrusion

In consent searches, individuals ____________.

Give officers who don't have probable cause or a warrant permission to search their persons, belongings, and homes

Why was the reliability of Officer Glover's eyewitness testimony in Manson v. Brathwaite (1977) called into question by the defendant?

Glover looked at only one photo, which made the identification process suggestive

The term that describes where officers are permitted to search when making an arrest is called the ____________.

Grabbable area

Why did James Woods report detective corruption directly to the police department rather than to the FBI?

He wanted to avoid the embarrassment of external review.

The decision in which SCOTUS case was criticized as contradictory to Weeks (1914) by the dissenting opinion?

Hudson v. Michigan (2006)

Compare how confession is treated by religion and by the law.

In religion, confession is the step toward forgiveness; in the eyes of the law, confession is proof of guilt that justifies punishment.

A type of "special need" search that involves seizing and documenting the possessions on a person and in any containers that person possesses while in the custody of the government is called ____________.

Inventory Search

Why did the American Civil Liberties Union (ACLU) speaker criticize the court ruling that DNA cheek swabs are a legitimate police procedure?

It allows police to test the DNA in connection to crimes they have no reason to believe the arrested person is connected.

In the case Pletan v. Gaines et al. (1992), what was the reasoning given for why Sergeant Barrott was not found liable for Brian Pletan's death?

It could deter officers in the future from vigorously enforcing the law.

Why did Antonin Scalia dissent on the Court decision and call it a "terrifying principle"?

It could lead all arrests to be entered into a DNA database regardless of whether the suspect committed a crime.

Miranda v. Arizona (1966) resulted in what change to the way police question suspects?

It established a list of warnings that police are required to give suspects prior to custodial interrogation.

Why might an opponent of the exclusionary rule argue that it will do little to deter police from future illegal search and seizures?

It impacts prosecutors more than officers.

In a dissenting opinion for Herring, why does the justice say the potential deterrence is worth the cost it imposes on the courts and law enforcement?

It is crucial to keep accurate records so innocent people are not arrested.

What does the Robinson rule, established in U.S. v. Robinson (1973), indicate about SCOTUS's views regarding the balancing ideal between privacy and crime control?

It shows that SCOTUS favors officer safety over the individual privacy of innocent citizens.

What is one way the internal investigation of the detectives looking to sell heroin was mishandled?

It tipped off the detectives being investigated.

In Schneckloth v. Bustamonte (1973), how did the ruling affect the ideals of individual privacy and public safety?

It tipped the scales toward public safety.

Which of the following is a legitimate investigative technique recognized by lower courts and used by law enforcement to gain access to a location without a search warrant?

Knock and talk

What is it called when officers knock on a door, announce their presence and that they have a search warrant, and then enter the premises?

Knock-and-announce

The totality of circumstances test that SCOTUS applies when determining the scope of consent favors which of the following?

Law Enforcement

Because probationers have signed a contract of release that includes consent to searches and seizures, what is required of enforcement officers before undertaking a search of their persons, property, or containers?

Law enforcement is not required to do anything before searching a probationer.

Allison Patton has determined which of the following to be a major weakness in section 1983 suits?

Many plaintiffs can't afford to bring suits forward.

What is one reason, according to Samaha, that a court would likely not find an officer guilty of a crime after they have committed misconduct?

Most prosecutors and juries don't want to prosecute officers.

If a police officer has a warrant to search, do their actions immediately fall under the purview of the good-faith exception?

No, not if the warrant was obtained from false information in affidavit.

Can individuals directly bring a criminal charge against an officer who they believe has violated their constitutional rights?

No, only the government can initiate a criminal charge.

Does all evidence obtained or derived from illegal actions mean it is suppressed and excluded from court?

Not often, there are a number of exclusions that keep the evidence in court.

When applying the voluntariness test of consent to search, courts focus on whether a(n) ____________.

Officer reasonably believed a suspect consented voluntarily

To what does the term blue wall of silence refer?

Officers should never report a fellow officer for misconduct.

Under section 1983 of the U.S. Civil Rights Act, must an officer be liable for their actions every time they violate someone's constitutional rights?

Only if the officer's actions were deliberate and they do not have qualified immunity.

What is something psychologists have found that runs counter to what most people would think?

Personally traumatic events are remembered more accurately than everyday ones.

Of the following scenarios, which one makes the best case to apply the attenuation exception to the fruit of the poisonous tree doctrine?

Police illegally search a location and one of the people there freely offers up evidence after several days.

Which statement correctly explains the rules for searching individuals during traffic stops according to the decision in Terry v. Ohio (1968)?

Police may briefly detain, question, and conduct a limited pat down of a suspect during a traffic stop without a warrant or probable cause.

Does a large number of complaints against the police in a certain city mean there is a large amount of officer misconduct?

Possibly, but the increased number of complaints could also mean public confidence in review procedures.

For the purpose of this discussion, individuals who are detained before they are convicted or charged with a crime are called ____________.

Pretrial detainees

In California v. Acevedo (1991), SCOTUS ruled that searching containers in vehicles ____________.

Requires no warrant when there is probable cause

Why do the crimes set up in experimental research mean researchers can accurately analyze witness errors?

Researchers control the setup and the variables of the crime

How does SCOTUS's view compare to some circuit court's opinions on strip searching people arrested for minor offenses?

SCOTUS believes it is reasonable, but some circuit courts feel it is a violation of the Fourth Amendment.

In Arizona v. Gant (2009), how did SCOTUS refine the parameters of a search incident to arrest during a lawful traffic stop?

SCOTUS narrowed the interpretation of Belton, allowing police to 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 vehicle is thought to contain evidence of the arrest.

In pretext arrests, officers arrest individuals where probable cause exists in order to ____________.

Search for evidence of more serious crimes

Emergency searches are best described as ____________.

Searches executed without warrants due to the impracticality or danger in requiring officers to obtain warrants before they search

What remains the biggest hurdle for Jennifer Thompson years after Cotton's release?

She has persisting guilt over her misidentification of him.

What Manson factor did Jennifer Thompson strongly have in her identification of Ronald Cotton?

She was confident, with no doubts about the identification she made.

How would you characterize the results of the research into the polices' ability to identify false confessions?

The police had a low level of accuracy and a high level of confidence in their abilities.

Why doesn't SCOTUS require probable cause or warrants for searches at airports?

The safety and security of air travelers trumps the privacy of passengers.

What did the Court argue could be a conceivable reason for officers to not properly follow the knock-and announce rule?

The situation could be dangerous, such as guns being involved.

How is the "special need" identified in Vernonia School Dist. 47J v. Acton (1995) different than in Ferguson and Others v. City of Charleston and Others (2001)?

The special need in Vernonia was to deter drug use by students, while the special need in Ferguson was directly related to the State's interest in law enforcement.

Why was there no special relationship found in the case of Beltran v. City of El Paso (2004)?

The suggestion to remain in the bathroom did not put Sonye in custody of the dispatcher.

The decision in Carroll v. U.S. (1925) created the vehicle exception to the warrant requirement. How did this decision change the requirements for searches of vehicles as compared to those of homes?

The warrant requirement was removed in vehicle searches, unlike the warrant required when searching homes.

What is a circumstance where evidence may still be suppressed even if the officer has a warrant?

The warrant was based on an affidavit with information that was deliberately misleading.

What situation of eyewitness identification would least likely cause a defense counsel to argue that the identification should be inadmissible in court?

The witness identifies the defendant via a photo array or lineup with instructions the culprit might not be in the lineup.

Why do most state-created-danger exceptions ultimately fail to be upheld?

There is a lack of affirmative action on the part of the officer.

What is one of the reasons the majority denied the state-created-danger exception in the case Pinder v. Johnson (1995)?

There was no special relationship created by promises on the part of the officer.

What does it likely mean if police ask suspects for consent to search their vehicles?

They don't have probable cause to search.

Which of the following is a reason why SCOTUS considers searches incident to arrest reasonable?

They protect officers from suspects who might injure or kill them.

What's a reason law enforcement officials support the exclusionary rule and Fourth Amendment restrictions?

They receive training on those restrictions that promote professionalism.

What happened to James Woods and James Dowd after they reported the case of detective corruption?

They were both questioned by internal affairs.

Which case determined that there is no constitutional right to have restraining order enforced by the state?

Town of Castle Rock v. Gonzalez (2005)

The Miranda ruling came after several rationales put forth by SCOTUS to examine confessions. How does the accusatory system rationale compare with the free will rationale?

Under the accusatory system rationale, forced confessions (true or false) violate due process, while the free will rationale states that involuntary confessions are coerced if not given of a rational intellect and free will.

What is the justification behind the no-duty-to-protect rule created by SCOTUS?

The constitution gives the government negative duties but does not assign affirmative ones.

What did the Court mean by stating the constitution contains negative liberties rather than affirmative liberties?

The constitution tells the government what it can't do, not what it has to do.

Currently, DNA cheek swabs are okay as long as the suspect was arrested for a serious crime. Why has this fueled debate?

The definition of a serious crime is not clearly defined.

How did the bright-line rules established in Miranda go further than earlier doctrines established by SCOTUS to ensure confessions were voluntary?

The earlier doctrines relied on the Fifth Amendment's clause against self-incrimination, while Miranda relied on self-incrimination, due process, and the right to counsel.

How could a forensic ipse dixit statute potentially take away the defendant's constitutional rights in a courtroom if not for the Melendez-Diaz v. Massachusetts (2009) decision?

The forensic analyst would not be cross-examined, leading to careless procedure and higher rates of wrongful convictions.

What benefit does someone have in pursuing a Federal Torts Claim Act (FTCA) action rather than a Bivens action?

The government is better able to pay for damages than an officer.

Why are some police officers upset by the corruption being revealed in the hearings?

The hearings hurt public opinion of the police in general.

What is the most common way to review officer misconduct?

administrative review and discipline outside the courts

After an event has taken place, when does memory fade the most quickly?

after first few hours

Which of the following circumstances is most likely to receive the special relationship exception to the no-duty-to-protect rule?

allowing a person to be violently attacked while in police custody

What has SCOTUS adopted to determine whether suspects truly have waived their rights?

an implied waiver based on the totality of circumstances

The courts have determined that schools and universities must balance what two issues when determining whether a search is an invasion of privacy?

an individual student's right to privacy and a desired campus environment

The accusatory stage of the criminal process begins when ____________.

an investigation focuses on a specific individual.

In the video, the mayor and law enforcement officials for the city of New York ____________ strip searches for all detainees, regardless of the level of their offenses.

argue in support of

Medical University of South Carolina established a program in the late 1980s to help protect the unborn children of crack cocaine users. After unknowingly being tested for crack cocaine, those women who recently gave birth and tested positive were ____________.

arrested and prosecuted for drug use

In Norris v. Premier Integrity Solutions, Inc. (2011), Norman Norris was required to undergo a highly intrusive drug test ____________.

before his guilt or innocence was determined

As a result of the decision in Miranda v. Arizona (1966), SCOTUS ruled that a suspect's claim to remain silent ____________.

can begin at any time, even if the suspect has already started talking

Following World War II, to what position did President Truman appoint Supreme Court Justice Jackson?

chief prosecutor at the Nuremberg Trials

According to research by Drizin and Leo, the three types of false confessions are voluntary, ____________, and internalized.

compliant

When an individual confesses to avoid an uncomfortable situation, this is called a ____________ false confession.

compliant

To prove that their Fifth Amendment right against self-incrimination has been violated, what is one of the three elements that defendants must prove?

compulsion

What aspect of the eyewitness testimony is convincing to juries even if research has proven it is not an indicator of how good the identification is?

confidence in the identification

The bright-line rules established in the Miranda v. Arizona ruling were meant to govern what stage of a police investigation?

custodial interrogation

What sort of relationship is there between the victim and police under the special relationship exception?

custody that impedes the victim from moving about freely

The ____________ says that law enforcement agencies and local governments are liable for actions committed by their employees during the time of their employment.

doctrine of respondeat superior

SCOTUS has ruled that the Fourth Amendment ____________ applies to school searches, and has also ruled that these searches are ____________.

does; reasonable

What is one way a professional running a lineup can make the procedure suggestible to an eyewitness?

encouraging the witness when they identify the suspect

Which of the following sources of information is likely to be the MOST factually reliable form of evidence?

excluded evidence

The courts have adopted three justifications for applying the balancing test to searches in student dormitories. They include the "special relationship" between students and schools, the school's duty to provide the appropriate environment for learning, and ____________.

exigent circumstances that require immediate action

In a courtroom, what is the most effective way to show eyewitness identification can be flawed?

expert testimony

According to most experts what causes the greatest conviction of the innocent?

eyewitness testimony

What overarching societal fear in the early 1900s led SCOTUS to expand the Fourth Amendment interpretation to include reduced expectations of privacy in vehicles?

fear of alcohol-related crimes

Which of the following disciplinary actions is considered the most severe?

fines

A special needs search aims to protect or maintain a safe environment; regular searches are conducted for the purpose of ____________.

gathering evidence of a crime

What do courts weigh when attempting to balance the use of the exclusionary rule in society?

how much social harm will result from the exclusionary rule

Even if evidence is obtained illegally, what factor do courts often consider concerning the behavior of the defendant?

how serious the crime was and how much a danger the defendant would be to society

What is the biggest unanswered question left after the SCOTUS's decision according to the last interview in the segment?

how this broadest possible federal statute will apply to personal rights in the future

The legal doctrine that says that school administrators are substitute parents while students are in school is called ____________.

in loco parentis

A statement about an individual's involvement in a crime that falls short of admitting guilt is called ____________.

incriminating statement

Justice Jackson believed that rights against uncontrolled searches and seizures were ____________.

indispensable freedoms

In the four cases decided by SCOTUS that provided functional immunity for prosecutors, which of the following instances did the Court see as actions performed by an advocate?

knowingly giving false evidence in trial

What is one feature of forensic analysis that could cause an unconscious bias in the forensic investigator?

learning information about the crime and suspect beyond the scope of what they are asked to analyze

What percent of criminal cases will be dismissed because police seized evidence illegally?

less than 1 percent

In research into officers' and untrained college students' abilities to identify videotaped false confessions, ____________.

neither officers nor students had a high rate of accuracy in identifying false confessions

The procedure where an eyewitness picks a suspect out of an assortment of photos is a pretrial out-of-court procedure known as a(n) ____________.

photo array

In U.S. v. Ramsey (1977), why did SCOTUS rule that international border searches were reasonable due simply to their location?

plenary customs power granted in statute 24 of the first customs statute of the United States

SCOTUS's intention in Miranda v. Arizona was to ____________.

prevent police coercion while still allowing police to put pressure on suspects

One of the purposes of an inventory search is to ____________.

protect law enforcement, suspects, and offenders from bombs, weapons, and illegal drugs

SCOTUS has determined that the airport searches are required to ____________.

protect the safety and security of all air travelers

The one exception to admitting incriminating statements in a trial that were made without administration of the Miranda warning is called the ____________.

public safety exception

The reliability rationale is the due process justification that ____________.

rejects involuntary confessions because they're untrustworthy

The phase of memory that deals with the period of time from an event happening to when someone recalls that event to someone else is known as ____________.

retention of memory

Searches of lawfully arrested individuals conducted without additional probable cause are called ____________.

searches incident to arrest

What are searches incident to arrests?

searches of lawfully arrested suspects conducted without probable cause

What factor would probably improve an observer's recollection of a suspect, particularly a suspect that the observer was close enough to see?

seeing the culprit with an unobstructed view

According to Wells and Quinlivan, which of the following is a change in context that could cause witnesses to change their retrospective self-report?

social desirability that they help put the defendant away for their crimes

Special needs searches attempt to balance what two things?

special government needs and individual privacy

What must the defendant show through a preponderance of evidence in order for the court to declare eyewitness identification as inadmissible?

that the identification process was unnecessarily suggestive and likely led to misidentification

Which justification for the exclusionary rule is meant to act as a way to prevent officers from illegally obtaining evidence future searches?

the deterrence justification

In the defense of vicarious official immunity, what two factors do courts weigh when determining whether a local government is entitled to the defense?

the need for effective law enforcement and the need to avoid putting the public at risk

Which of the following is not one of the justifications used by courts to determine whether a college dormitory search is an illegal search or one that falls under special needs?

the need to control contraband that comes onto campus

The border search exception states that international border searches are reasonable without warrants or probable cause because ____________.

the need to control what and who enters the country outweighs personal privacy

The particularity requirement of the Fourth Amendment requires that a warrant must specify ____________.

the particular person and location to be searched

In Ferguson and Others v. City of Charleston and Others (2001), SCOTUS ruled that the MUSC's warrantless urine tests were actually illegal searches based on what fact?

the program's focus on the arrest and prosecution of the drug-abusing mothers

In its ruling supporting strip searches in jails, against what does SCOTUS balance against a potentially innocent individual's right to privacy?

the special need to maintain security, safety, and discipline in jail

In Miranda, how did SCOTUS outline how to determine what defined "custody"?

the totality of the circumstances

In Miranda v. Arizona (1966), SCOTUS defined custody as ____________.

the totality of the circumstances of the interrogation

Which of the following factors would be considered strongest considering Manson and the five factors related to eyewitness observation?

the witness accurately describing the culprit after the event

What function do the three exceptions to the fruit of the poisonous tree doctrine provide?

to allow more probative evidence to find its way into court

What is the purpose of the good-faith exception to the exclusionary rule?

to keep evidence in court if officers did not know the information was invalid

What is the purpose of the qualified immunity defense created by SCOTUS for police officers?

to protect officers and courts against frivolous lawsuits

Under the accusatory system rationale, forced confessions ____________.

violate due process whether true or false

People who confess due to a need for self-punishment to remove guilty feelings make ____________.

voluntary false confessions

SCOTUS ruled that unannounced searches of prisoners and their cells for weapons and contraband ____________.

were reasonable in order to maintain prison and jail security, safety, and discipline

In what situation did untrained college students do better than police officers in identifying false confessions?

when listening to audiotaped confessions

According to the Monell (1978) decisions, under what circumstances is a local government liable for the actions of its employees?

when the employee has violated rights by following written policy

In what instance may a police officer ask a very specific series of questions of a suspect without first reading Miranda warnings, and still have the suspect's statements admissible in court?

when the public's safety is threatened

Which of the following is NOT a circumstance that SCOTUS uses to determine whether a confession was given voluntarily after a suspect has waived Miranda rights?

whether public safety is at stake

What is true of a police chief's role and how their recommendations for discipline compare to a direct supervisor's recommendation?

The chief has a department-wide view of misconduct and will make different recommendations about half the time.

At what distance does an eyewitness's ability to see someone's face diminish to basically zero?

150 feet

What percentage of suspects invoke their Miranda warnings during custodial interrogations?

25 percent

Of all the defendants exonerated by DNA evidence, what percentage of them were convicted in cases of mistaken identity?

75 percent

What is a possible negative side effect of the exclusionary rule?

A police officer might give false testimony to make the procedure sound more proper.

As far back as the late 1700s, searches of ships did not require warrants, while searches of homes required warrants and probable cause. Which of the following statements explains why?

A ship's mobility allowed the owner to move it quickly out of reach of a search.

The new SCOTUS ruling allows the police to take DNA samples without what document that could raise more debate?

A warrant

When considering the Fourth Amendment, how do private school officials and public school officials differ?

The Fourth Amendment binds public college officials.

How did the Robinson rule clarify the rules of searches incident to arrests?

The Robinson rule clarified the scope of the search allowed as incident to arrest

How do the protections offered by the Sixth Amendment compare to the protection offered by the Fourteenth Amendment?

The Sixth Amendment protects individuals by ensuring their right to counsel, while the Fourteenth Amendment guarantees due process of the law.

How does the police's knock-and-talk technique compare with the knock-and-announce rule?

The knock-and-talk technique is an investigative technique that may lead officers to probable cause for a warrant; the knock-and-announce rule is a legal requirement of executing a search warrant.

Under what circumstances might an individual lose a Bivens action even if the person can prove the officer acted with the appearance of power and violated one of the individual's constitutional rights?

The officer is able to prove qualified immunity.

Why did SCOTUS determine that the evidence obtained after the arrest of Herring did not fall under the exclusionary rule?

The officers were acting in good faith and the ruling would not act as a deterrent.

In the absence of an arrest, what is the difference between searches of containers in vehicles before and after SCOTUS' ruling in California v. Acevedo (1991)?

Until 1991, officers could only perform warrantless searches of containers in vehicles if they had separate probable cause to search both the vehicle and the container; after 1991, officers with probable cause could perform warrantless searches of containers in vehicles.

The questions of whether a suspect is aware that she had a right to refuse consent, whether she intended to give up that consent, and whether she did so voluntarily are all elements of what test?

Waiver test of consent to search

How has the increased use of technology affected requests from law enforcement for warrants?

Warrants more often include requests for intangibles such as electronically stored information than tangible items.

What case created the exclusionary rule that ensured federal procedure would not accept evidence derived from unreasonable searches and seizures?

Weeks v. U.S. (1914)

In Pennsylvania v. Mimms (1977), SCOTUS ruled that officers could order drivers out of cars during traffic stops without violating the Fourth Amendment under what circumstance?

When the motor vehicle has been lawfully detained

If evidence has been excluded from the government's case-in-chief in a trial, can it be presented elsewhere in the trial?

Yes, it can be used during cross-examination of defense witnesses.

What pretrial identification procedure did police follow in identifying Cotton as the culprit of the sexual assault?

a live lineup

The rule that a judge cannot be sued for their decisions is known as ____________.

absolute immunity