Reading Quizzes

2.3 How many justices agreed that the government violated Jones's Fourth Amendment rights in this case?

9

4.5 How many Supreme Court justices agreed with the majority opinion in Whren v. United States?

9

1.3 Which of the following are not binding authority on Arizona courts regarding the law of criminal procedure? (Select all that apply)

A guidance policy on when U.S. Attorneys should begin an investigation. A New York state homicide statute The official policy of the Department of Justice regarding when to charge a suspect with a crime. A police training manual that covers how to request an arrest warrant

1.1 Which of the following is NOT a reason that the United State has a criminal justice system?

Because the U.S. Constitution requires it.

4.1 In Perry v. New Hampshire, the Supreme Court discussed the following checks on suggestive eyewitness identifications EXCEPT:

Double-blinding the eyewitness identification (so that none of the police directly helping with the identification do not know who the suspect is).

2.6 Like any 4th Amendment event, wiretapping under the Electronic Communications Privacy Act (ECPA) is only regulated if it is a governmental entity that is doing the wiretapping.

False

4.3 In Terry v. Ohio, the Supreme Court held that a short "stop & frisk" was not a sufficient intrusion into a personal privacy and/or freedom of movement to trigger Fourth Amendment protection, and therefore police do not need to justify their actions under the Fourth Amendment.

False

2.4 In Smith v. Maryland, the Supreme Court found that:

Gathering information from the telephone company about the phone numbers called and length of calls did not constitute a search because the target had shared the information with the phone company. Because of the information sharing, there was no reasonable expectation of privacy in the information.

3.4 In Arizona v. Hicks, the police entered Hicks' apartment:

Legally, because they had probable cause and exigent circumstances existed.

4.4 In Illinois v. Wardlow, the Supreme Court held:

Running from the police is insufficient to prove reasonable suspicion without more information, but can be a part of the totality of circumstances that can create reasonable suspicion to justify a Terry stop.

4.7 ACLU v. Clapper concerned the NSA obtaining virtually all telephonic "metadata" that involved a telephone call where at least one participant in the call was in the United States (or had a U.S. phone number). In the case, the Second Circuit found:

That the NSA program exceeded the scope of the statutory justification allowed.

Rule of Fourth Amendment

The application of the Fourth Amendment embraces two discrete questions. The first is whether the individual, by his conduct, has exhibited an actual (subjective) expectation of privacy, whether the individual has shown that he seeks to preserve something as private. The second question is whether the individual's subjective expectation of privacy is one that society is prepared to recognize as "reasonable," whether the individual's expectation, viewed objectively, is "justifiable" under the circumstances.

3.2 In Brigham City, Utah v. Stuart, it was determined that police may enter a home without a warrant when:

They have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.

1.1 Why do we regulate police behavior? Select all that apply

To keep a check on the power of governments. To make mistakes of the justice system - wrongful convictions, etc. - rare.

1.2 The U.S. Supreme Court has final say on all issues of law within the United States.

True

Supp 2. In Gerstein v. Pugh, the Supreme Court held that Florida was required to have a procedure that allowed for judicial determination of probable cause for all individuals arrested without a warrant or grand jury indictment.

True

1.1 Criminal procedure is a course about the criminal law, and what conduct of people in the U.S. is, and should be, punished.

false

1.2 The U.S. Supreme Court can overrule a decision from the New York Court of Appeals (the highest court in New York state) on the basis that the decision is inconsistent with the N.Y. Constitution.

false

2.1 All rights guaranteed in the bill of rights have been fully incorporated into the Fourteenth Amendment due process clause.

false

Supp 1. In Payton v. New York, the Supreme Court upheld New York's arrest law which stated that no warrant was required to obtain entry into a person's house in order to arrest them if they were accused of committing a felony (serious crime).

false

The Supreme Court in LoJi Sales, Inc. held that the police officers violated the First Amendment rights of the plaintiff.

false

2.8 Henry was convicted of theft of what

radios

3.3 Which of the following is are courts most likely to find is NOT a factor in determining whether an individual gave valid consent to a search?

the individual was acting nervous

2.7 In Illinois v. Gates, what did the defendants argue was wrong with their arrest?

The police did not have probable cause because the anonymous tip did not have enough information to be reliable. While some anonymous tips can provide sufficient information to be reliable, the one in this case did not.

3.2 In United States v. Santana, the Supreme Court held that because the police were in "hot pursuit":

The police needed only probable cause to follow Santana into her house and arrest her

3.7 In New York v. Belton, the Supreme Court held that:

The scope of a SITA of an arrestee in car includes the passenger compartment even if the arrestee is no longer in the car at the time of the search.

3.6 In Colorado v. Bannister, the Supreme Court of Colorado ruled that:

The search of the vehicle was legal because the officer had probable cause to believe there were stolen items in the car, which is the test to determine whether one can search a car stopped on the street.

3.5 In Chimel v. California, the Supreme Court held that:

the police were in the house legally due to an arrest warrant, but improperly relied upon a search incident to arrest to search the home

1.2 The U.S. Supreme Court can overrule a decision from the New York Court of Appeals (the highest court in New York state) on the basis that the decision is inconsistent with the U.S. Constitution.

true

1.2 There are separate federal, state, and local police departments that have different but overlapping mandates.

true

2.2 The Supreme Court found that Katz v. United States that the police conduct violated the Fourth Amendment by trespassing on the phone booth that Katz was using.

true

4.6 The Supreme Court differentiates between roving patrols and fixed patrols near the border when determining whether the patrol requires individualized suspicion (such as reasonable suspicion) before making a stop or seizure.

true