Crime evidence & Procedure

Frisks must be directed at discovering: contraband. criminal evidence. weapons. drugs.

weapons

The Fourth Amendment protects which of the following from unreasonable searches and seizures? Persons Houses Papers and effects All of the above

All of the above

According to the Supreme Court, which of the following is the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"? Open field Curtilage Physical presence Venue

Curtilage

Which of the following is the most frequently discussed remedy in criminal procedure? Constitutional law Exclusionary rule Criminal law Legal remedies

Exclusionary rule

There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most often-cited source of rights in criminal procedure? Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment

Fourth Amendment

Which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search? Bad faith rule Silver platter rule Purged taint Fruit of the poisonous tree

Fruit of the poisonous tree

To define when a search takes place, which two important factors need to be considered? Government action and probable cause Government action and objective reasonableness Government action and reasonable expectation of privacy Probable cause and reasonable expectation of privacy

Government action and reasonable expectation of privacy

Which of the following requires that a plain view seizure be based, in part, on probable cause that the item can be seized? Inadvertency Immediately apparent Valid plain view Lawful access

Immediately apparent

Outside of exigent circumstances, when may officers make warrantless arrests? In public spaces at any time In private spaces with probable cause In public spaces with probable cause None of the above

In public spaces with probable cause

Which statement is true of the Sixth Amendment? It protects from unreasonable searches and seizures. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It protects from cruel and unusual punishment. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Which standard of justification is necessary for stop and frisk activities? Administrative justification Proof beyond a reasonable doubt Reasonable suspicion Probable cause

Reasonable suspicion

Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt? The exclusionary rule The fair examination rule The indoctrination rule The prior criminal procedure rule

The exclusionary rule

Which of the following is a criticism of the exclusionary rule? The rule excludes reliable evidence. The rule does very little to deter police misconduct. The rule creates public cynicism towards the judicial system. The rule deters police misconduct.

The rule does very little to deter police misconduct.

Which of the following can be considered characteristics of drug couriers? Use of large denominations of currency Excessive number of bags Travel to and from major drug import centers Carrying a small amount of cash

Travel to and from major drug import centers

non-stop

a consensual encounter

Terry vs. Ohio

a officer in plain clothes observed terry and two other men what looked like to be casing a place for a stick up. the officer stops terry and pats down his outer clothes, for a weapon. he feels what he believes to be a gun. this did not violate his 4th amendment rights because a stop and frisk is different than a search and seizure and therefore shouldn't be governed by diff set of 4th amendment rights. this case is important because if it wasn't for this stop and frisk encounter it would have been considered seizures and therefore you would still have to have probable cause.

When an appellate court agrees with a lower court's decision, it _____ that decision. reverses affirms remands vacates

affirms

A frisk requires: reasonable suspicion that a person is armed and dangerous. justification apart from that required for a stop. that a stop first take place. all of the above

all of the above

A frisk must be supported by reasonable suspicion that the suspect is: likely to escape. armed and dangerous. engaged in criminal activity. posing a threat to destroy evidence.

armed and dangerous.

Which of the following is part of the search incident to arrest exception to the Fourth Amendment's warrant requirement that allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area"? Consent search Seizure Search of a person Armspan rule

armspan rule

42 U.S.C Section 1983 is used for: criminal liability. civil liability. misdemeanor charges. none of the above.

civil liability.

The primary purpose of criminal procedure is to maintain the proper balance between: controlling crime and due process. dictatorship and democracy. servitude and equality. protection and procedure.

controlling crime and due process.

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: surveillance equipment. enforcement weapons. enhancement devices. combat tactical.

enhancement devices.

Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of: crucial exceptions. exception clauses. exclusionary rules. exigent circumstances.

exigent circumstances.

If a person is confronted by a single police officer and asked general questions about his or her suspected involvement in a crime, an arrest has occurred. true false

false

If the police activity in question does not involve a person, house, paper, or effect: Fourth Amendment protections are decided on a case-by-case basis. no Fourth Amendment protections exist. Fourth Amendment protections still exist. no Fifth Amendment protections exist.

no Fourth Amendment protections exist.

Katz vs US

officers suspected Katz transmitting illegal gambling information over the phone. The officers placed a listening device of a public phone booth which they knew he frequently used. based on the recording Katz was convicted. Katz said that they shouldn't be able to use the recording because it violated his 4th amendment. this case is important because it expanded the 4th amendment protection of unreasonable search and seizure to cover electronic wiretaps

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 is referred to as: precedent. particularity. affirmation. procedural.

particularity.

California vs. Hodari

plain clothes officers were protrolling a neighborhood, a group of kids saw them and started to run. when he saw the officer chasing him, he throws something that the officers later found out were drugs. the other officer finally caught him. this case went to supreme court because they said that hodari was sezied under the mere presence of a police officer and because the officer was in front of him deprived his freedom to leave. this case was important to the 4th amendment because it implemented that in order for you to be seized under the 4th amendment police officers must have a show of force.

A cursory visual inspection of those places in which a person might be hiding is referred to as a: content search. protective sweep. pat-down. cursory search.

protective sweep

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's: reasonable expectation of privacy. subjective thoughts of privacy. objective determination of behavior . knowing exposure.

reasonable expectation of privacy.

what is a search?

search is a activity geared towards finding evidence to be used in a criminal prosecution ex- search would be a officer searching thru my purse looking for something specific

A(n) _________ is a brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest; it is the detention of a person by a law enforcement officer for the purpose of investigation. stop arrest search seizure

stop

The most important source of rights applying to criminal procedure is/are: court decisions. the U.S. Constitution. State constitutions. statutes.

the U.S. Constitution.

The remedy for an illegal arrest is simply a release from custody. True False

true

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to: a pat-down of the suspect's torso. a pat-down of the suspect's outer clothing. a visual examination of the suspect. a verbal command for the suspect to turn out pockets.

a pat-down of the suspect's outer clothing.

stop

A stop is defined as a temporary confinement of a person for the reasons related to a police investigation. The officer must have some form of reasonable suspicion from the person they are stopping to be able to stop them.

Which statement is true of the Fourteenth Amendment? It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It protects from cruel and unusual punishment.

It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

Which statement is true of the Eighth Amendment? It protects from cruel and unusual punishment. It protects from unreasonable searches and seizures. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

It protects from cruel and unusual punishment.

Which statement is true of the Fourth Amendment? It protects from cruel and unusual punishment. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It protects from unreasonable searches and seizures.

It protects from unreasonable searches and seizures.

Which statement is true of the Fifth Amendment? It protects from unreasonable searches and seizures. It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

Which of the following is an argument in support of the exclusionary rule? The rule is beneficial because it helps innocent people. Innocent people have been subjected to more unconstitutional searches. The exclusionary rule is disproportionate in terms of its consequences. The exclusionary rule fails to serve as a general deterrent.

The rule is beneficial because it helps innocent people.

New Jersey vs TLO case

a teacher caught TLO and another student smoking in the bathroom. he took both girls to the office. one of them admitted to smoking, TLO denied the allegations. the school officials than searched her purse, where he found a pack of cigarettes', rolling papers and a baggy of a green substance. he than called the police. TLO was charged in juvenile court. this case was important for the 4th amendment because it defined that teachers are considered another act of government, therefor the 4th amendment applies to them.

Which of the following is/are restrictions imposed on the police regarding the timing of search warrants? The service of a search warrant should take place promptly after its issuance. Judges commonly restrict the service of warrants to the daytime hours. Once the item in the warrant has been discovered, the search must be terminated. All the above

all of above

A plain view seizure is authorized when: the police are lawfully in the area where the evidence is located. the items are immediately apparent as subject to seizure. the discovery of the items to be seized is inadvertent. All of the above

all of the above

A warrantless search for evanescent evidence is permissible when: there is probable cause to believe that evidence will be destroyed, lost, or devalued. the procedures employed are reasonable. the exigency was not police-created. All of the above

all of the above

Factors that may elevate a nonstop to a stop include: whether the suspect attempted to leave. the number of officers present. display of weaponry. all of the above.

all of the above

The term "automobile" includes which of the following? Trucks Boats Cars All of the above

all of the above

Which officials meet the requirement of "neutral and detached"? Judges State attorney general Law enforcement agents Prosecutors

judges

In which of the following scenarios can the seizure of a person occur? When a police officer simply questions a person When a police officer is in pursuit of a person When he or she is arrested and taken to the police station for questioning All of the above

All of the above

Which of the following is true of consent searches? Probable cause is not required. Citizens remain free to decline the officer's request to conduct a search. The person must feel free to decline or refuse. All of the above

All of the above

Who are considered government officials within the meaning of the Fourth Amendment? Uniformed police officers Fire inspectors Public school teachers All of the above

All of the above

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand? Independent source exception Purged taint exception Inevitable exception Questionable procedure exception

Independent source exception

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway? Independent source exception Purged taint exception Inevitable exception Questionable procedure exception

Inevitable exception

A valid frisk can evolve into a search if what type of justification develops along the way? Probable cause Reasonable suspicion Administrative justification Proof beyond a reasonable doubt

Probable cause

The Fourth Amendment contains which two basic clauses? Probable and reasonable suspicion clauses Reasonableness and warrant clauses Reasonableness and probable cause clauses Search and seizure clauses

Reasonableness and warrant clauses

This exception recognizes that, when arresting a suspect, police officers must be permitted to search the person and the immediate area in order to protect the officers from harm and to prevent the destruction of evidence. Searches incident to arrest Searches conducted under exigent circumstances Searches involving automobiles Searches based on the "plain view" doctrine

Searches incident to arrest

Which of the following occurs when a police officer-by means of physical force or show of authority-intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave? Seizure of property Seizure of a person Seizure Search

Seizure of a person

What must an officer show in order to obtain an arrest warrant? The person may have committed the crime in question. Evidence beyond a reasonable doubt. Probable cause. Preponderance of evidence.

The person may have committed the crime in question.

Restrictions on searches incident to arrest include which of the following? The arrest itself must be lawful. The nature or seriousness of the offense The arrest must result in a person being taken into custody. All of the above

all of the above

Which of the following are considered restrictions on frisks? Frisks are to be nothing more than pat-downs of outer clothing. Frisks must be motivated by a desire to preserve officer safety. 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. All of the above

all of the above

Which of the following can be said about stop and frisk? Stops always precede frisks. Stops do not automatically give rise to frisks. Stops and frisks are separate acts. All of the above

all of the above

Which of the following is NOT an essential component of an arrest or search warrant? ] It must be issued by a neutral and detached magistrate. Showing of probable cause is required. It must conform to the Fourth Amendment's particularity requirement. All of the above

all of the above

Exceptions to the fruit of the poisonous tree doctrine include: purged taint. independent source. inevitable discovery. all of the above.

all of the above.

The decision in Pennsylvania v. Mimms: allows officers to frisk suspects' outer clothing. authorize the police to stop suspicious-looking individuals based on less than reasonable suspicion. allows an officer to demand identification from citizens. authorizes a police officer to order a driver out of a car.

authorizes a police officer to order a driver out of a car.

One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is: free to post bail. speak to an attorney. free to decline the officer's requests. none of the above.

free to decline the officer's requests.

Police officers act under color of law when they: fail to file official documents . wear plain clothes during off-duty hours. identify themselves as officers. settle a personal vendetta.

identify themselves as officers.

If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under which doctrine? Silver platter Plain view Contingency Seized asset

plain view

Illinois v. Gates

police received a phone call that the gates family was selling drugs out of there home. the police, than checked plane records, that matched up to what the phone caller mentioned, and about observing they obtained a warrant. when the warrant was issued, and the police searched their house they found large quantities of pot, weapons and other contraband. this case was important for the 4th amendment because it sets the precedent for search warrant requirements

The first part of the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . ." is referred to as the: reasonableness clause. probable clause. warrant clause. procedural clause.

reasonableness clause.

Veronica School District v Acton (1995)

school district found out they had a worse drug problem in their school, being led by the student athletics to combat the problem, the district implemented a student athlete drug policy..... this case is important because for purposes of the 4th amendment because it demonstrates the challenges for balancing interests under the 4th amendment

What is a seizure?

this has duel meaning it could be seizure of property or seizure of person. an object doesn't need to be physically grasped in order for a seizure to take place. ex- the police seize a drug dealers car because it has been used in said drug dealings ex- a police officer puts you in handcuffs, sticks you in the back of a police car. you are now seized your no longer free to leave.

Probable cause is a necessary component of a: valid warrant. search warrant. arrest warrant. warrant.

valid warrant

In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a: lex loci. jus cogens. certiorari. writ of certiorari.

writ of certiorari.