Poll Review

For an investigatory stop to be constitutional , the officer has to be able to explain, in detail, the specific nature of the suspicion, which is known as

articulable reasonable suspicion

In United States v. banks, the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry and that a wait of seconds (in this case) satisfied the Fourth Amendment.

15 to 20

In which of the following scenarios would an officer not be able to make a lawful, warrantless arrest?

An officer hears a kid talking, about the headphones he shoplifted a week ago.

In order to reduce the use of discretion by police officers and judges, the Supreme Court has developed a detailed formula for determining probable cause that universally fits all crimes.

False

The Court has held that because a stop is considered an arrest, Miranda warnings must be given.

False

In which case did the Court hold that the individual's flight at the sight of police was enough to provide reasonable suspicion for an investigatory stop?

Illinois v. Wardlow

In regard to the Fourth Amendment, what was the significant of the case of United States v. Jacobsen (1984)

It held that an employee of a private company opening and inspecting the contents of a package is not a violation of the Fourth Amendment .

When would a traffic stop require Miranda warnings?

Miranda warning are not required for traffic stops.

In which case did the Supreme Court hold that "In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house...Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant"?

Payton v. New York

The fleeing felon rule, which allowed police officers to shoot any felon attempting an escape, was invalidated by the Supreme Court's ruling in:

Tennessee v. Garner (1985)

What was the significance of Adams v. Williams (1972) in regard to the Fourth Amendment?

The Court held that information from an informant, and not just personal observation by an officer, may establish the requisite suspicion to make a stop

Which test provides that a seizure involves not only a police intention to seize, it includes the objective aspect in which a reasonable person believes that they are not free to terminate the encounter to leave.

The Mendenhall test

Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose?

The residents have a prior criminal history

Government agents who have probable cause for believing that evidence of a crime is located at a specific place or that an individual involved in a crime must go before a neutral and detached magistrate and swear under oath as to who or what they are looking for and where they think it can be found.

True

If a person is an employee of any governmental agency or is an agent of the government in any capacity, that person is bound by the Fourth Amendment

True

If evidence that might otherwise fall victim to the exclusionary rule is obtained form a valid, independent source, that evidence can be admitted.

True

In Illinois v. Wardloaw (2000), a stop was held lawful because the suspect was in a high-crime area and fled upon seeing the police.

True

The Constitution does not provide an absolute right to be free from government intrusion, only from unreasonable interference.

True

The Court devised the two-pronged test for using and gathering information from informants in Aguilar v. Texas (1964)

True

The exclusionary rule is by far the most frequently used means to address constitutional infractions by the government in criminal cases.

True

The primary purpose of having a neutral magistrate is to remove from the police the responsibility of determining probable case.

True

The two basic source categories of probable cause are observational and informational

True

On method court use to determine reasonableness is the bright-line approach, which:

considers a specific rule that applies to all cases

The most commonly used method to determine reasonableness is the case-by-case method, which:

considers the totality of circumstances in each individual case

Some states allow officer to arrest for a misdemeanor not committed in their presence in the case of:

domestic assault

Concepts critical to understanding the Fourth Amendment include all of the following except:

equability

Deterring government misconduct is the primary purpose of the:

exclusionary rule

The police may not make a nonconsensual, warrantless arrest inside a person's home or arrest a guest within that home without:

exigent circumstances

The police may not make a nonconsensual, warrantless arrest inside a person's home or arrest a quest within that home without:

exigent circumstances

Which of the following by itself, can be used as reasonable suspicion to conduct a stop?

flight from police

Usually, officers cannot make a lawful arrest:

for a misdemeanor committed outside of their presence

Which of the following best describes the freedoms set forth by the Fourth Amendment?

freedom from unreasonable search or seizure

Which doctrine states that evidence obtained as a result of an earlier illegality must be executed from trial?

fruit of the poisonous tree

The exception to the exclusionary rule that deems evidence admissible, even if sized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means is the:

inevitable discovery doctrine

Searches at international borders:

may be conducted without probable cause or a warrant

A warrantless arrest that begins in a public place is valid:

only if probable cause exists even if an arrestee retreats to a private residence

"Where the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed" is the Supreme Court's definition of:

probable cause

All warrants are to be based on which concepts associate with the Fourth Amendment?

probable cause

What level of proof is required for a Terry stop?

reasonable suspicion

The section of the Fourth Amendment that makes warrantless search and seizures constitutional, if they are sensible is the:

reasonableness clause

In Rochin v. California, the Supreme Court held that searches that are a violation of due process, and any evidence so obtained will, therefore, be inadmissible

shock the conscience

The landmark case of Terry v. Ohio is most known for including an explanation of:

stop and frisk

Instances in which police officers are not aware that they are violating Fourth Amendment principles involve an exception to the law referred to as:

the good faith doctrine

Police may use deadly force against fleeing felons only if:

the suspect presents an imminent danger to life

Which of the following is not one of the five legitimate uses of force, often referred to as the "Rules of Endangerment"?

to overcome objections

Officers must have a particularized and objective basis for suspecting a person of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the:

totality of the circumstances

The use of a Taser might be considered unreasonable, excessive force if the subject is:

verbally abusive

Which of the following by itself, can be used as reasonable suspicion to conduct a stop?

wanted poster