CRJ 102 Midterm

The Constitution went into effect in: a. 1787 b. 1788 c. 1791 d. 1776

1788

John works in a legal office. His boss asks him to review the following case: Texas v. Johnson, 491 U.S. 397 (1989). What information would John use to determine the page where the case is located?​

397

John works in a legal office. His boss asks him to review the following case: Texas v. Johnson, 491 U.S. 397 (1989). What information would John use to determine the volume where the case is located?

491

In 2010, Jones committed an armed robbery. In 2015, the Kentucky legislature enacted a law increasing the punishment for armed robbery from 15 to 20 years in prison. Six months later, Jones was captured, tried, convicted, and sentenced to 20 years in prison. Sentencing Jones to 20 years violates the: a. Article VI supremacy clause b. Fourteenth Amendment c. Fifth Amendment due process clause d. Article I, Section 10 ex post facto clause

Article I, Section 10 ex post facto clause

Protection against unreasonable searches and seizures is guaranteed by the: a. Third Amendment b. Fourth Amendment c. Fifth Amendment d. Sixth Amendment

Fourth Amendment

The ____________ doctrine holds that no reasonable expectation of privacy exists in information voluntarily disclosed to a third party. a. Katz b. Hoffa c. informant d. confidant

Hoffa

Tom Thumb just moved into the house next door to Rosie Racist. Rosie was of a different race than Tom. She felt that everyone on the block should be of the same race so, naturally, she despised the fact that Tom just moved in next to her of all places. One night, when Tom was eating dinner with his family, Rosie started a cross on fire on Tom's lawn right in front of Tom's dining room window. Rosie wanted to make Tom and his family feel like they might be in danger if they did not move. She really did not want Tom or his family to be injured. In fact, she watched from the bushes with a fire extinguisher in case the fire got out of hand. Tom saw the fire, called the police, and quickly put the fire out with his own fire extinguisher. Two police officers arrived and found Rosie in the bushes with the fire extinguisher. Officer Green was the same race as Rosie. Officer Grey was the same race as Tom. Officer Green arrested Rosie, put her in handcuffs, and walked her to the squad car. Officer Grey stayed on Tom's lawn and questioned Tom and his family. As Rosie was being walked to the squad car, she yelled a derogatory racial slang back at Officer Grey ("You filthy _____). Rosie was charged with cross burning with intent to intimidate and with disorderly conduct. • Part 1: At the trial for the cross-burning charge, Rosie argued that she was communicating a message with her conduct and that her conduct was speech protected under the First Amendment. You are the prosecutor in the case. Your boss wants you to argue that Rosie's conduct is in a category of speech that is excluded from First Amendment protection. Decide which category of unprotected speech best fits Rosie's conduct and use the IRAC method to determine whether Rosie's conduct fits within that category of unprotected speech. • Part 2: At the trial for the disorderly conduct charge, Rosie argues that the racial slang she directed at Officer Grey was protected speech under the First Amendment. You are the prosecutor in the case and are considering whether you can make an argument that Rosie's speech fits within the fighting words category of unprotected speech. Use the IRAC method to determine whether the racial slang constitutes fighting words such that it is not protected by the First Amendment (NOT ON EXAM)

Part 1- Issue - Whether Rosie's conduct should be excluded from 1st amendment protection as a true threat. Rule - to constitute a true threat not protected under the 1st amendment the speaker must intend his or her statement to be understood as a serious expression of intent to commit an act of unlawful... Analysis - Rosie wanted to make tom and his family feel like they were in danger, that he would fear violence and want to move. it does not matter that she did not intend for him to get hurt. Conclusion - Rosies conduct should be excluded from 1st amendment protection as a true threat. Part 2- Issue - whether the racial slang constitutes fighting words such that it is not protected by the first amendment Rule - a person may be arrested for using fighting words only if the person language is: - abusive, derisive, or insulting.. Analysis - Rosie's racial slang was derogatory and racist. therefore it likely met the first element of being insulting. Rosie was walking away from officer grey when she yelled the racial slurs, however. therefore, it does not appear.. Conclusion- the racial slang likely would not constitute fighting words that are not protected by the first amendment.

In which of the following situations do police have authority to inspect the contents of Sticky-Fingered Sam's wallet? a. Sam is detained for investigation based on reasonable suspicion of possessing a stolen credit card b. police issue Sam a traffic citation c. Sam is arrested for DUI d. in all of the above situations

Sam is arrested for DUI

Police arrested Sam for stealing a carton of cigarettes from a grocery store, handcuffed him, and transported him to the police station. Upon arrival, they have authority to search the following without a search warrant under the search incident to arrest exception. a. Sam's clothing and wallet b. Sam's body cavities c. data on Sam's cell phone d. all of the above

Sam's clothing and wallet

Suppose the Supreme Court hands down a decision declaring that the death penalty is unconstitutional. Congress and the American people are outraged by this decision and want to restore the death penalty. Under the U.S. Constitution, what, if anything, can be done to get rid of an unpopular Supreme Court decision interpreting the Constitution? a. Nothing can be done. Supreme Court decisions are immutable and can be set aside only by the Supreme Court. b. Supreme Court decisions interpreting the Constitution can be set aside by a vote of three-fourths of the members in both houses of Congress. c. Supreme Court decisions interpreting the Constitution can be changed by a constitutional amendment proposed by a two-thirds vote in both houses of Congress and ratified by three-fourths of the state legislatures. d. Supreme Court decisions interpreting the Constitution can be overturned by the unanimous vote of the chief judges of all 11 United States Courts of Appeals

Supreme Court decisions interpreting the Constitution can be changed by a constitutional amendment proposed by a two-thirds vote in both houses of Congress and ratified by three-fourths of the state legislatures.

The Supreme Court has given the following reason for holding that a dog sniff is not a search under the Fourth Amendment: a. The odor of narcotics emanating from the object sniffed has been exposed to public view b. Suspects have no Fourth Amendment protection against use of detection devices that react only to the presence of contraband, without providing information about innocent activity c. Suspects encountered in a place where they can be seen by members of the public have no reasonable expectation of privacy d. A search warrant would not provide additional protection because alerts by well-trained narcotics detection dogs are highly accurate

Suspects have no Fourth Amendment protection against use of detection devices that react only to the presence of contraband, without providing information about innocent activity

The constitutional division of power between the federal government and the states is accomplished in which of the following ways? a. The Constitution lists the powers reserved to the states and provides that all powers not expressly reserved to the states belong to the federal government b. The Constitution lists the powers reserved to the federal government, as well as those denied to the states, and provides that all remaining powers are reserved to the states. c. Through the separation of powers established by Articles I, II, and III. d. Through the adoption of the Fourteenth Amendment.

The Constitution lists the powers reserved to the federal government, as well as those denied to the states, and provides that all remaining powers are reserved to the states.

John works in a legal office. His boss asks him to review the following case: Texas v. Johnson, 491 U.S. 397 (1989). What portion of the citation tells John what reporter to look in to find the case?​

U.S.

Installation and use of a pen/trap device requires: a. court order issued based on application under oath that the information is likely to be relevant to an ongoing criminal investigation b. search warrant c. wiretap order d. nothing because it only provides dialing information; it does not intercept the contents of the communication

a court order issued based on application under oath that the information is likely to be relevant to an ongoing criminal investigation

FBI agents have good reason to believe that Sam and his sister Mary Wanna were involved in the theft of an important work of art that was being shipped from one museum to another. The theft occurred yesterday. Sam and Mary live in different cities and communicate primarily by e-mail. FBI agents want access to the e-mail exchanged between them over the last 30 days. They will need: a. a wiretap order b. a search warrant issued under Stored Wire and Electronic Communications and Transactional Records Act c. a subpoena d. nothing, because there is no legal protection for e-mail once it has been opened and read

a search warrant issued under Stored Wire and Electronic Communications and Transactional Records Act

Requirements for a plain feel seizure during a Terry stop include all but the following: a. police feel an object in the course of a weapons pat down b. police immediately recognize the object as feeling something like a specific kind of contraband c. after slightly manipulating the object, police recognize it as feeling something like contraband d. other circumstances surrounding the encounter reinforce the belief that the object is what it feels like

after slightly manipulating the object, police recognize it as feeling something like contraband

A search warrant is required to a. attach a GPS tracking device to the suspect's movable property b. track a suspect's movements 24/7 with an attached device for an extended period c. track objects inside a home or other protected locations d. all of the above

all of the above

In order to secure a search warrant, an officer must possess facts sufficient to warrant a person of reasonable caution in believing which of the following? a. a crime has been (or is being) committed b. specific objects associated with the crime exist c. they will be found at the place to be searched d. all of the above

all of the above

The search of an arrested individual's person incident to his arrest: a. may be performed at the scene of the arrest b. may be postponed util arrival at the police station c. arises as an automatic incident to a lawful arrest for any offense d. all of the above

all of the above

Which of the following is an exception that excuses the need for a warrant or knocking on the door to a residence? a. exigent circumstances b. hot pursuit c. consent d. all of the above

all of the above

Which of the following is not considered a constitutionally-protected search: a. search of a garbage can left out at the curb b. looking through a person's open living room window from the street c. search of person's purse by a private individual d. all of the above

all of the above

The exigent circumstances exception to the warrant requirement permits the police to make a warrantless entry on private premises when they:The exigent circumstances exception to the warrant requirement permits the police to make a warrantless entry on private premises when they: a. are in immediate, hot pursuit of a felon whom they have probable cause to arrest who flees inside b. have probable cause to believe that specific objects constituting evidence of a crime will be found on the premises and have reason to believe that this evidence will be destroyed or removed unless they act immediately c. have reason to believe that persons inside are in imminent danger d. all of the above constitute exigent circumstances to allow warrantless entry

all of the above constitute exigent circumstances to allow warrantless entry

Sticky-Fingered Sam lives in an apartment at 112 North Street, which he shares with his sister Mary Wanna. Sam is wanted by the police for theft. Having no luck finding Sam abroad, police decide to arrest Sam inside his apartment. Which of the following warrant(s) must the officers obtain before going to Sam's apartment to arrest him?Sticky-Fingered Sam lives in an apartment at 112 North Street, which he shares with his sister Mary Wanna. Sam is wanted by the police for theft. Having no luck finding Sam abroad, police decide to arrest Sam inside his apartment. Which of the following warrant(s) must the officers obtain before going to Sam's apartment to arrest him? a. an arrest warrant b. both an arrest and a search warrant c. a search warrant d. an arrest warrant and a forcible entry warrant

an arrest warrant

A FISA order may be obtained to conduct electronic surveillance inside the United States to gather foreign intelligence information only when there is probable cause that the target of the FISA surveillance is: a. a foreign power b. an agent of a foreign power c. a member of an international terrorist organization d. any of the above

any of the above

The Constitution expressly prohibits states from doing all of the following, EXCEPT: a. entering into treaties b. keeping troops in times of peace c. coining money d. appointing electors to cast votes for president and vice president in the Electoral College

appointing electors to cast votes for president and vice president in the Electoral College

All of the following are categories of protected communications under the Wiretap Act except: a. wire b. audio c. oral d. electronic

audio

The Fourth Amendment requires an arrest warrant: a. to make an arrest for a crime that carries the death penalty b. whenever it is practicable for the officer to obtain one c. before making a nonconsensual entry into a private dwelling d. all of the above

before making a nonconsensual entry into a private dwelling

Which of the following activities would be regarded as "speech"? a. begging b. burning a cross at a Ku Klux Klan rally c. refusing to pledge allegiance to the flag d. all of them

begging, burning a cross at a Ku Klux Klan rally, refusing to pledge allegiance to the flag (all of them)

Terry v. Ohio established that police may: a. briefly detain individuals for questioning when they have reasonable suspicion b. conduct a weapons frisk whenever a detention is justified c. take persons properly detained to the police station for fingerprinting

briefly detain individuals for questioning when they have reasonable suspicion

In Texas v. Johnson, the Court determined that a law prohibiting which of the following acts was unconstitutional? a. burning a U.S. flag b. burning a draft card c. burning a cross d. displaying a swastika

burning a U.S. flag

Reasonable suspicion a. can never be based on a police bulletin that fails to specify the factual foundation for the requested action b. can be based on tips from a concerned citizen who identifies themselves and reports matters of which they have personal knowledge c. cannot be based in any part on an anonymous tip even when the tip is corroborated d. all of the above

can be based on tips from a concerned citizen who identifies themselves and reports matters of which they have personal knowledge

Video surveillance that produces a soundtrack requires: a. compliance with the Fourth Amendment b. compliance with the Wiretap Act c. compliance with the Fourth Amendment (video portion) and Wiretap Act (audio portion) d. a FISA surveillance order

compliance with the Fourth Amendment (video portion) and Wiretap Act (audio portion)

During a home search under a premises search warrant, the occupants may be: a. frisked regardless of suspicion b. searched for any objects that might be considered evidence of a crime even if the objects are not named in the warrant c. detained as a matter of course during the search d. all of the above

detained as a matter of course during the search

Officer Quisart, acting on a hunch that Mary Wanna is transporting drugs, pulled her car over for a seat belt violation. He may, without violating the Fourth Amendment: a. ask to see Mary's driver's license, vehicle registration, and insurance papers b. ask Mary and her passengers to step out of the car and remain out during the stop c. run a criminal records check on Mary d. do all of the above

do all of the above

Article I of the Constitution: a. repealed the Articles of Confederation b. assured each state a republican form of government c. established the Senate and the House of Representatives d. did all three of these things

established the Senate and the House of Representatives

Authority to frisk the detainee for weapons arises as an automatic incident of a lawful Terry stop a. true b. false

false

Evidence seized under a facially valid search warrant will always be suppressed if the warrant is later found to contain defects. a. true b. false

false

In order to give valid consent to search an individual's house, the individual must be told that he or she has the right to refuse consent. a. true b. false

false

Sally York, who was a passenger on the same flight as Mary Wanna, accidentally picked up Mary Wanna's suitcase, thinking it was her own. She opened it up when she got home, saw a firearm resting on top of bundles of $100 bills and a bag containing cocaine. She immediately closed the suitcase, took it to police headquarters, and told Detective Jacobs what she had seen. Detective Jacobs will need to obtain a search warrant to search the luggage a second time. a. true b. false

false

The exclusionary rule is a right listed in the Constitution, and it applies only to the federal government. a. true b. false

false

Traffic stops can never transition to voluntary encounters. a. true b. false

false

Voluntary encounters are regulated by the Fourth Amendment. a. true b. false

false

The defendant walked up to two homeless people and shouted: "You filthy pieces of garbage, you're ruining this city! You're disgusting. This whole city hates you. Get out now!" The defendant can be arrested under a statute that criminalizes: a. profanity b. fighting words c. hate speech d. offensive conduct

fighting words

The exclusionary rule does not bar introduction of evidence seized in violation of the Fourth Amendment when the evidence is offered: a. for impeachment b. in a parole hearing c. against someone other than the person whose Fourth Amendment rights were violated d. for any of the above purposes

for any of the above purposes

Under the _____________________ doctrine, the defendant's right to suppression includes not only evidence uncovered during an illegal search, but also any evidence that police discover as a result of it. a. exclusive suppression b. police illegality c. fruits with bad seeds d. fruit of the poisonous tree

fruit of the poisonous tree

The equal protection clause requires an exceedingly persuasive justification, under intermediate-level scrutiny, to uphold statutory distinctions based on: a. age b. gender c. race d. religion

gender

Police have the authority to conduct a Terry pat-down whenever they: a. have reasonable suspicion that a person lawfully detained has drugs on his person and may destroy the evidence unless they act immediately b. have a reasonable suspicion that a person lawfully detained may be armed and could be dangerous c. encounter a person in a public place who has a visible weapon-like bulge in his or her pocket d. in all of the above situations

have a reasonable suspicion that a person lawfully detained may be armed and could be dangerous

The Brandenburg Test applies to which of the following: a. incitement of illegal action b. child pornography c. restrictions on use of public forums d. symbolic speech

incitement of illegal action

The Bill of Rights: a. was adopted after the Civil War b. includes the Constitution's first ten Amendments c. was binding on state governments only, prior to the Fourteenth Amendment d. all of the above

includes the Constitution's first ten Amendments

Fourth Amendment requires an arrest warrant to arrest a person: a. inside a motel room b. eating in a restaurant c. standing on his front porch d. all of the above

inside a motel room

All of the following are types of police-citizen encounters recognized under the Fourth Amendment, except: a. arrest b. voluntary encounter c. involuntary detention d. investigative stop

involuntary detention

The "plain feel" doctrine: a. is an exception to the rule that police may not seize anything besides a weapon during a Terry stop b. does not apply when the offense under investigation is a misdemeanor c. may be used when a detainee refuses to consent to a pat down d. may be used even if the officer does not immediately recognize the object as contraband

is an exception to the rule that police may not seize anything besides a weapon during a Terry stop

The Miller test includes all the following criteria for determining whether a work is obscene EXCEPT: a. it appeals to the prurient interests of the average person b. it depicts "hard-core" sexual acts, previously defined by applicable state law, in a patently offensive way c. it contains pictures of live subjects, not computer generated images d. it lacks any serious literary, artistic, political, scientific or other value

it contains pictures of live subjects, not computer generated images

Access to stored e-mail, voice mail, and text messages is regulated by the: a. Wiretap Act b. Electronic Communications Privacy Act c. Foreign Intelligence Surveillance Act d. none of the above

none of the above

During a Terry stop, the detainees a. must always be given Miranda warnings b. may be arrested for refusing to answer questions c. may be taken to the police station for the questioning d. none of the above

none of the above

Police may search the passenger compartment of a vehicle after: a. making a Terry stop regardless of suspicion b. issuing a traffic citation c. arresting a motorist for speeding and removing him from the scene d. none of the above

none of the above

A wiretap order is not required to intercept a protected communication when: a. the device is installed without trespassing on the suspect's property b. the interception is carried on with the knowledge and approval of the Attorney General of the United States or the highest prosecuting officer of a state c. one party consents to interception d. any of the above

one party consents to interception

The Fourth Amendment expressly mentions which of the following as being protected from "unreasonable searches and seizures"? a. books b. equipment c. letters d. papers

papers

Execution of an arrest warrant inside a residence confers "protective sweep" authority to: a. order persons who regularly occupy the premises to leave and remain outside until the warrant has been executed b. perform a cursory visual inspection of the spaces immediately adjacent to the place of arrest that are large enough to hide a person who might be waiting to launch an attack c. search any place on the premises where evidence of the crime of arrest might be concealed d. all of the above

perform a cursory visual inspection of the spaces immediately adjacent to the place of arrest that are large enough to hide a person who might be waiting to launch an attack

Once a person has been arrested inside a residence pursuant to an arrest warrant, the police have authority to: a. order persons who regularly occupy the premises to leave and remain outside until a full search of the curtilage has been conducted b. perform a cursory visual inspection of the spaces immediately adjacent to the place of arrest that are large enough to hide a person who might be waiting to launch an attack c. search any place on the premises where evidence of the crime of arrest might be concealed d. all of the above

perform a cursory visual inspection of the spaces immediately adjacent to the place of arrest that are large enough to hide a person who might be waiting to launch an attack

Which of the following would be considered a nonpublic forum? a. a municipal auditorium b. a sidewalk c. a post office d. a park

post office

Which of the powers delegated to Congress provides the constitutional foundation for federal criminal statutes like the Mann Act, which makes it a crime to take a person across state lines to engage in prostitution? a. power to tax b. power to regulate interstate commerce c. necessary and proper clause d. the federal government's police powers

power to regulate interstate commerce

The Fourth Amendment requires the following for a valid arrest not made inside a private dwelling: a. reasonable suspicion b. probable cause c. probable cause and an arrest warrant d. proof that the suspect committed a crime beyond a reasonable doubt

probable cause

Which of the following is alwaysrequired to seize an object for use as evidence? a. probable cause to believe the object constitutes the fruits, instrumentalities, contraband, or other evidence of a crime b. a search warrant describing the object c. a statute making possession of the object a crime d. all of the above

probable cause to believe the object constitutes the fruits, instrumentalities, contraband, or other evidence of a crime

The justification for the search incident to arrest exception to the warrant requirement is to: a. protect officer safety and prevent destruction of evidence b. gather evidence to establish probable cause for the arrest c. secure the arrested person's valuables d. all of the above

protect officer safety and prevent destruction of evidence

One of the main purposes for an inventory search is to: a. establish probable cause for a search warrant b. protect the police department against false claims of loss or theft c. locate evidence that was overlooked during an earlier search d. all of the above

protect the police department against false claims of loss or theft

Police have a free zone for investigative work during voluntary encounters, which means they can do the following: a. frisk the subject for weapons b. search the suspect's luggage but only after reading Miranda warnings c. request consent from the suspect to administer a Breathalyzer test d. gently keep the suspect from running away by holding onto their forearm

request consent from the suspect to administer a Breathalyzer test

When a suspect submits to a police officer's show of legal authority or the officer gains actual physical control over the suspect, a _______ has occurred. a. Fourth Amendment violation b. seizure c. search d. unlawful detention

seizure

The first three articles of the Constitution are commonly referred to as the: a. federalism articles b. supremacy articles c. separation of powers articles d. Bill of Rights

separation of powers articles

Which of the following statutes is it appropriate for police to use when making an arrest in a speech context? a. statutes authorizing arrests for "disturbing," "annoying," or "offensive" conduct b. statutes authorizing arrests for blocking the public passage c. statutes authorizing arrests for loitering d. statutes authorizing arrests for disobeying an order to move or that fail to provide objective standards when such orders may be issued

statutes authorizing arrests for blocking the public passage

When the police have a reasonable suspicion that a UPS parcel contains narcotics, they may: a. ask a UPS employee to open it and inspect the contents b. detain it while applying for a search warrant c. subject it to a canine inspection d. all of the above

subject it to a canine inspection

Which of the following is not a typical requirement for an arrest warrant? a. that it have the signature of the arresting officer b. that the facts and circumstances indicating criminal behavior is supported as truthful by an officer's oath or affirmation c. that the affidavit and warrant must contain a particularized description of the subject to be arrested d. that a judge or magistrate concludes that the facts and circumstances offered by the police meet the standard of probable cause

that it have the signature of the arresting officer

After the Constitution was drafted, it was submitted to the states for ratification. Some states opposed ratification because: a. the Constitution did not include a bill of rights b. the President could serve an indefinite number of terms c. Congress lacked the power to tax d. it did not provide for the creation of a Supreme Court

the Constitution did not include a bill of rights

Which of the following is a not requirement for the proper execution of an arrest warrant? a. party executing the warrant must be the specific officer or a member of the class of officers to whom the warrant is directed b. the officer must either present the warrant or advise the arrestee that a warrant has been issued c. the arresting officer must read the arrestee his or her rights d. the warrant must be executed within the territorial jurisdiction of the judicial officer who ordered it

the arresting officer must read the arrestee his or her rights

All of the following are procedural requirements for a wiretap order except for: a. proof that traditional investigative techniques have been tried and failed or are unlikely to succeed b. the duration of the order is limited to 15 days c. the application must be authorized by Attorney General (federal investigations) or prosecutor (state investigations) d. orders are only available for serious crimes such as espionage, kidnapping, or murder

the duration of the order is limited to 15 days

The Supreme Court, in McCullough v. Maryland, ruled that Congress had the power to establish a national bank, even though the Constitution does not expressly delegate this power. The Court based its ruling on this provision from Article I: a. the necessary and proper clause b. the faith and credit clause c. the legislative vesting clause d. the commerce clause

the necessary and proper clause

A seizure is considered unreasonable under the Fourth Amendment if any of the following occur except: a. the officer lacked adequate grounds for the seizure b. the officer failed to read the suspect Miranda warnings c. the officer failed to procure a warrant in a situation in which one was required d. the officer used excessive force

the officer failed to read the suspect Miranda warnings

Which of the following is alwaysnecessary to justify a plain view seizure? a. the officer must be on the premises searching under a search warrant when the discovery is made b. the discovery must occur by accident, rather than by design c. the officer must acquire probable cause to believe that the object viewed is associated with criminal activity without exceeding the lawful boundaries of her search authority d. all of the above

the officer must acquire probable cause to believe that the object viewed is associated with criminal activity without exceeding the lawful boundaries of her search authority

To support the issuance of an arrest warrant, the officer's affidavit must contain all of the following except: a. a detailed account of the facts uncovered by the investigation b. the source of the facts c. any other information that the magistrate will need to evaluate the reliability of the officer's sources d. the place that the suspect will be found upon arrest

the place that the suspect will be found upon arrest

In which of the following situations is a search warrant required? a. to use binoculars to peer through the suspect's window while standing in an open field located on his property b. to fly a helicopter over the suspect's back yard to take pictures of his marijuana garden c. to aim a thermal-imaging device at a suspect's home from across the street to detect the heat distribution patterns inside his home d. none of the above

to aim a thermal-imaging device at a suspect's home from across the street to detect the heat distribution patterns inside his home

All the following are legitimate reasons to use force, EXCEPT for: a. in defense of others from physical harm b. to overcome resistance c. to stop people from "mouthing off" d. to prevent escape

to stop people from "mouthing off"

A warrant to search the suspect's home premises for drugs grants authority to search vehicles parked in his garage. a. true b. false

true

Anticipatory search warrants may authorize police to search for evidence that is not currently there but expected to be there at the time of execution. a. true b. false

true

Police may not search jointly occupied premises based on the consent of one occupant if another occupant, present on the scene, objects to the search. a. true b. false

true

The automobile exception to the warrant requirement gives an officer who has probable cause to believe that a motor vehicle contains contraband authority to disassemble parts of the vehicle if necessary to locate the object of their search. a. true b. false

true

Since Terry v. Ohio, there are ________ kinds of arrests:

two

The Fourth Amendment recognizes ____ classes of seizures.

two

Habeas corpus review is a post-conviction constitutional remedy for state prisoners that rectifies the following: a. unlawful confinement b. cruel and unusual punishment c. parole violation d. illegal searches and seizures

unlawful confinement

Which of the following is NOT a constitutionally protected form of speech? a. wearing a Nazi uniform b. refusing to recite the Pledge of Allegiance c. using drugs with your friends following a graduation ceremony d. burning a cross at a KKK rally

using drugs with your friends following a graduation ceremony

Child pornography does not have to satisfy the Miller test to be banned when it a. appeals to the prurient interest of the average person b. visually depicts real children engaged in sexual activity c. lacks serious literary, artistic, political, or scientific value d. To be banned, child pornography must always satisfy the Miller test

visually depicts real children engaged in sexual activity

During traffic stops, police have authority to: a. search the motorist or the vehicle after issuing a traffic citation b. search the motorist after issuing a traffic citation c. walk a trained drug-detection dog around the exterior of a lawfully stopped vehicle if it does not prolong the duration of the stop d. search a vehicle incident to a traffic arrest after the motorist has been handcuffed and secured

walk a trained drug-detection dog around the exterior of a lawfully stopped vehicle if it does not prolong the duration of the stop

Which of the following could be considered a seizure for purposes of the Fourth Amendment: a. when property has been abandoned or discarded by the owner through no fault of the police and the police retrieve it b. when property has been touched by the police outside of the owner's presence c. when property has been touched by the police when the owner is carrying it d. when property has been detained by the police but not moved

when property has been detained by the police but not moved

Sergeant Davis of the Whosville Police Department received a tip from a reliable informant that a drug courier is traveling on a bus that departed from Detroit bound for Chicago, which will be stopping in Whosville in about 30 minutes. Which of the following actions that Sergeant Davis may take is consistent with the Fourth Amendment? a. apply for a search warrant identifying "luggage with drugs being transported on a bus that left Detroit bound for Chicago" as the place to be searched and the object to be seized b. when the bus arrives, wait for the passengers to disembark for a rest break, board the bus, and open and search all at the luggage c. when the bus arrives, walk a drug detection dog around the outside storage compartments of the bus to determine if there is luggage inside containing drugs d. when the bus arrives, order the passengers to disembark, take their luggage with them, and go to the security office for questioning

when the bus arrives, walk a drug detection dog around the outside storage compartments of the bus to determine if there is luggage inside containing drugs

Petitioners file this when requesting review by the Supreme Court: a. writ of habeas corpus b. writ of certiorari c. plea of nolo contendere d. bill of attainder

writ of certiorari