Crim 6 ch 4

A(n) ________ is the act of taking an individual into custody for the purpose of charging the person with a criminal offense.

arrest > An arrest is the act of taking an individual into custody for the purpose of charging the person with a criminal offense.

With reference to bodily intrusions, which of the following scenarios would represent a violation of the Fourth Amendment?

A police officer taking a blood sample from a suspected criminal without consent and without a warrant > In Missouri v. McNeely (2013), the Supreme Court decided that forcibly drawing blood from a suspected drunk driver should be supported by a warrant unless clear exigencies exist.

Which of the following statements is true of serving a search warrant?

If a person gets in the way during the service of a search warrant, he or she may be arrested. > If a person gets in the way during the service of a search warrant, he or she may be arrested and force may be applied if need be.

When may the police use deadly force while serving an arrest warrant?

When the suspect attempts to flee and will likely inflict serious physical harm on other people or police officers > Deadly force is authorized when the crime in question is a felony and when such force "creates no substantial risk to innocent persons," and the officer reasonably believes that there is a substantial risk that the fleeing felon will inflict harm on other people or police officers.

A police officer asks Judge Prentice to sign the arrest warrant for an individual with whom the judge had a recent falling out. Judge Prentice signs the arrest warrant. How does this violate the requirement for a valid arrest warrant?

A neutral and detached magistrate is needed. > Any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision can issue the warrant.

Which of the following is an order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense?

Arrest warrant > An arrest warrant is an order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense.

The police department in Robin's hometown obtained a search warrant from the local court after suspecting his involvement in a murder case. Which of the following is a reason for the police to carry out the search immediately?

Dissipation of probable cause > The service of a search warrant should take place promptly after its issuance. Probable cause could dissipate if an excessive amount of time elapses between the time the warrant is issued and the time it is served.

Which one of the following is not a factor used to distinguish between an arrest and a stop?

Evidence > Evidence is not a factor that is used to distinguish between an arrest and a stop.

A federal court that reviews applications for warrants related to surveillance in national security investigations is the _____________.

Foreign Intelligence Surveillance Court > The Foreign Intelligence Surveillance Court is a secretive court created by the Foreign Intelligence Surveillance Act. The court reviews applications for warrants related to surveillance in national security investigations.

Nathan is a known drug dealer who police suspect has committed armed robbery, based on eyewitness accounts and security camera footage. An arrest warrant is issued and police attempt to locate Nathan. When he is not at his own home, police suspect he may be at a friend's home. Police go to the friend's home and request entrance to find and arrest Nathan. Nathan's friend states that Nathan is not there and says the police may not enter his home. The police retreat from the friend's home without locating Nathan. Which is the reason for the police leave the friend's home without locating Nathan?

Having an arrest warrant does not allow authorities to enter a third party's residence. > Having an arrest warrant does not allow authorities to enter a third party's residence. A warrantless entry into a third party's residence violates the third party's rights. The police require either consent from the friend or a search warrant to enter the house and arrest Nathan.

Which of the following statements is true of probable cause in a search warrant?

It should show that the items to be seized are connected with the criminal activity > A search warrant is an order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense. The officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity.

Which of the following communications is not protected by the Electronic Communications Privacy Act (ECPA)?

Jeff, a high-level government employee, sending emails to his subordinates > Unlike communications between private parties, communications among government employees and communications between private parties and the general public are not protected.

Which of the following acts governs law enforcement electronic surveillance activities at both the federal and state levels?

Omnibus Crime Control and Safe Streets Act > Title III of the Omnibus Crime Control and Safe Streets Act was enacted in 1968. It set forth detailed guidelines on how authorities could intercept wire, oral, or electronic communications.

In which case did the Supreme Court first hold that police officers cannot make warrantless, nonconsensual entries into private homes for the purpose of making arrests?

Payton v. New York > In the landmark decision of Payton v. New York (1980), the Supreme Court held that the Fourth Amendment prohibits a warrantless, nonconsensual entry into a private home for the purpose of making an arrest. In that case, police officers, after two days of investigation, had assembled enough evidence to establish probable cause to believe that Payton had murdered the manager of a gas station. The officers went to Payton's apartment to arrest him. When no one answered the door, they used a crowbar to open the door and entered the apartment.

Investigators for the FBI wish to monitor the electronic communications of a suspect. They may rely upon all of the following laws except the _______ to achieve their goal.

Protect America Act > It expired in February 2008.

Which of the following accurately differentiates Tennessee v. Garner and Graham v. Connor?

Tennessee v. Garner resulted in precedent concerning the use of deadly force to apprehend fleeing felons, while Graham v. Connor set the standard for nondeadly force. > Tennessee v. Garner resulted in precedent concerning the use of deadly force to apprehend fleeing felons, while Graham v. Connor set the standard for nondeadly force.

An arrest warrant is issued for the occupants of a home known to harbor wanted criminals. The police have received a tip that several men connected with a well-known drug ring are currently residing in the home. They present probable cause to a judge who issues a warrant. The police do not have the name or names of the people who are allegedly hiding out, but take the warrant to the home in hopes that whatever they uncover at the house will result in at least one arrest. Which statement about the warrant is correct?

The warrant lacks particularity. > Particularity is the Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized. In this scenario, the police do not have names of suspects whom they intend to arrest.

Under which act would the FBI be able to enter the residence of a suspect in order to covertly enter the place where the interception is to take place?

Title III of the Omnibus Crime Control and Safe Streets Act > Title III of the Omnibus Crime Control and Safe Streets Act is federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept wire, oral, or electronic communications.

With regard to the scope of a search warrant, police can look __________.

anywhere the item sought could reasonably be found > The scope of the search must be reasonable, based on the object of the search. In other words, the police are restricted in looking for evidence insofar as they can only look where the item could reasonably be found.

A police squad car turns the corner just in time to stop an attempted rape. The police detain the suspect prior to taking him to jail. This event would constitute a(n) ______.

arrest > An arrest is the act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act).

A(n) ________ is an order issued by a judge directing a law enforcement officer to apprehend an individual identified as one who has alleged to have committed a specific criminal offense.

arrest warrant > This is the definition of an arrest warrant. Further, this warrant must be issued by a neutral and detached magistrate, and showing of probable cause is required, while confirming to the Fourth Amendment's particularity requirement.

A detective arrives at the scene of a mugging and orders the officers present to canvass the neighborhood. The officers encounter Jenny sitting on her porch and ask if she heard or saw anything suspicious. This event would constitute a(n) ______.

nonstop > A nonstop is a consensual encounter.

The Fourth Amendment mandates that for a warrant to be issued, probable cause should be supported by ________.

oath or affirmation > Many decisions have also focused on the Fourth Amendment's requirement that warrants be supported by "oath or affirmation" and on the particularity requirement.

Officer Ridley is sure that Jimmy is cooking meth in his garage. He looks in the garage windows and his suspicions are confirmed. He arrests Jimmy for production of a controlled substance. However, Officer Ridley's examination of Jimmy's garage lacked a(n) _______.

search warrant > Search warrants are required any time the police seek to search for evidence in a manner that is not governed by one of the well-established exceptions to the Fourth Amendment's warrant requirement.

Eddie is walking past a store which has just been robbed. The police intercept him and begin to ask questions about his whereabouts during the robbery. This event would constitute a(n) ______.

stop > A stop is the detention of a person by a law enforcement officer for the purpose of investigation.

Upon receiving a search warrant, the detective in charge immediately executes it. This action would apply to ________ constraints when executing a warrant.

time > The service of a search warrant should take place promptly after its issuance, as probable cause can dissipate if an excessive amount of time elapses between the time the warrant is issued and the time it is served.