T/F

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The purpose of a stop is to find evidence of a crime. a. True b. False

False

The purpose of the exclusionary rule is to deter misconduct by court personnel. a. True b. False

False

The exclusionary rule results in freeing guilty persons in only a relatively small proportion of cases. a. True b. False

True

The four categories of exceptions to the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source. a. True b. False

True

The harmless error doctrine applies to Fourth Amendment violations. a. True b. False

True

A frisk is a search for evidence. a. True b. False

False

A frisk is automatically authorized after all stops. a. True b. False

False

A frisk should automatically follow a stop. a. True b. False

False

A motorist stopped by an officer for speeding is temporarily under arrest. a. True b. False

False

After a stop, an officer may frisk a person if the officer reasonably suspects the person is carrying drugs. a. True b. False

False

An arrest is a Fourth Amendment seizure of property. a. True b. False

False

An arrest warrant issued in one state is valid in all other states. a. True b. False

False

Case law on stop and frisk does not apply to motor vehicles. a. True b. False

False

Constructive seizure is accomplished by taking the person into custody with the use of hands or firearms. a. True b. False

False

For a stationhouse detention for the purpose of interrogation, reasonable suspicion is necessary. a. True b. False

False

Former Chief Justice Warren Burger was a strong supporter of the exclusionary rule. a. True b. False

False

Harmless error is when evidence erroneously admitted by the trial court did contribute to the conviction. a. True b. False

False

If police make a valid arrest of a person in an automobile, then the police are automatically entitled to search the trunk. a. True b. False

False

In a stop and frisk involving a motor vehicle, officers may search the entire vehicle for weapons. a. True b. False

False

In order for a stop to be constitutional it must take no longer than 15 minutes. a. True b. False

False

Mapp v. Ohio and Miranda v. Arizona were important in the additional powers of discretion they gave to law enforcement officers a. True b. False

False

Officers may use a frisk as a fishing expedition for evidence of crime. a. True b. False

False

Police can invite the media to ride along. a. True b. False

False

Police who make a valid arrest are automatically entitled to make a protective sweep. a. True b. False

False

Seizure under the Fourth Amendment is not as broad as the term arrest. a. True b. False

False

Standing is a legal concept that assists juries in determining guilt. a. True b. False

False

Stationhouse detention is a greater limitation of freedom than arrest. a. True b. False

False

The Fourth Amendment exclusionary rule does not apply in federal courts. a. True b. False

False

The Supreme Court has ruled that stopping a person based on race alone is unconstitutional. a. True b. False

False

The exclusionary rule applies to grand jury investigations and post-conviction sentencing. a. True b. False

False

The exclusionary rule may only be invoked by the defendant in the initial stages of criminal justice proceedings. a. True b. False

False

The exclusionary rule protects the constitutional right to privacy. a. True b. False

False

The exclusionary rule was first applied to federal prosecutions in Mapp v. Ohio. a. True b. False

False

The exclusionary rule was first applied to state prosecutions in Weeks v. United States. a. True b. False

False

The exclusionary rules does not apply to fruit of the poisonous tree. a. True b. False

False

The fact that a police officer tells a person, "You are under arrest," is sufficient to constitute an arrest. a. True b. False

False

The first case in which the U.S. Supreme Court utilized the exclusionary rule was Miranda v. Arizona. a. True b. False

False

The first case where the U.S. Supreme Court found stop and frisk to be constitutional was Alabama v. White. a. True b. False

False

The inevitable discovery, silver platter, and "fruit of the poisonous tree" doctrines are all currently exceptions to the exclusionary rule. a. True b. False

False

The least intrusive type of Fourth Amendment search and/or seizures is an arrest. a. True b. False

False

The police have the authority to detain a person briefly for questioning even without probable cause to believe that the person has committed a crime. a. True b. False

False

The silver platter doctrine is still in operation in state courts. a. True b. False

False

The taking of a person into custody against his will for the purpose of criminal prosecution is a capias warrant. a. True b. False

False

There are no limitations on what prisoners can do in habeas cases. a. True b. False

False

A consent to frisk based on submission to police authority is not a valid consent. a. True b. False

True

A fishing expedition is to see if some type of usable evidence can be found on the suspect. a. True b. False

True

A frisk is limited to a pat-down of a person's outer clothing. a. True b. False

True

A warrant issued when a person does not appear for a hearing is a bench warrant. a. True b. False

True

After making a valid stop of a vehicle, an officer needs no further justification to order a driver out of a vehicle. a. True b. False

True

An arrest is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation. a. True b. False

True

An arrest is more intrusive than a stationhouse detention. a. True b. False

True

An arrest warrant for Mr. Kelso cannot be used to enter the home of other persons to arrest Mr. Kelso. a. True b. False

True

An arrest warrant is directed to, and may be executed by, any peace officer in the jurisdiction. a. True b. False

True

An officer cannot force a suspect who is stopped to reply to questions from the officer. a. True b. False

True

Detention must not be longer than that required by the circumstances, and it must take place by the "least intrusive means," meaning that it must not be more than that needed to verify or dispel the officer's suspicions. a. True b. False

True

Fruit of the poisonous tree evidence is excludable under the exclusionary rule. a. True b. False

True

If a suspect is booked, then an inventory search may be immediately conducted. a. True b. False

True

Illegally seized evidence is excludable under the exclusionary rule. a. True b. False

True

In Michigan v. Chesternut, the Supreme Court ruled that there is no single clear, hard-and-fast rule applicable to all investigatory pursuits. a. True b. False

True

In general, the more intrusive the search or seizure, the greater the Fourth Amendment protection. a. True b. False

True

In most jurisdictions, assuming probable cause, officers may make warrantless arrests for both felonies and misdemeanors if the offense is committed in the officer's presence. a. True b. False

True

Most arrests are made without a warrant. a. True b. False

True

One of the elements of arrest is arrest authority. a. True b. False

True

One of the four elements of an arrest is seizure and detention. a. True b. False

True

Persons stopped by the police cannot be forced to answer questions, but can be forced to identify themselves. a. True b. False

True

Police cannot invite the media to ride along. a. True b. False

True

Police officers are more professional as a result of the exclusionary rule. a. True b. False

True

Purged taint is when the defendant's subsequent voluntary act dissipates the taint of the initial illegality. a. True b. False

True

Reasonable force is force that a prudent and cautious person would use if exposed to similar circumstances. a. True b. False

True

Requiring a suspect to disclose his or her name in the course of a stop and frisk does not violate the Fourth or the Fifth Amendment. a. True b. False

True

Seizure in an arrest may be either actual or constructive. a. True b. False

True

Standing is a legal concept that determines whether a person can legally file a lawsuit. a. True b. False

True

Stop and frisk activities are governed by the Fourth Amendment. a. True b. False

True

Terry v. Ohio is the leading case on stop and frisk. a. True b. False

True

The Constitution requires that the police must announce their purpose before breaking into a dwelling. a. True b. False

True

The Fourth Amendment exclusionary rule does not apply to the activities of private citizens acting totally on their own. a. True b. False

True

The Fourth Amendment sometimes allows suspicionless stops of vehicles. a. True b. False

True

The Supreme Court held in the Terry case that police have the authority to detain a person briefly for questioning even without probable cause. a. True b. False

True

The Supreme Court uses a case-by-case approach to determine the reasonable length of time for a stop. a. True b. False

True

The equal protection clause prohibits stopping a person solely because of their race or ethnicity. a. True b. False

True

The exclusionary rule applies to illegally seized evidence (the primary evidence). a. True b. False

True

The exclusionary rule does not require suppression of evidence seized in violation of the Fourth Amendment where the erroneous information resulted from clerical errors of court employees. a. True b. False

True

The legal test to determine whether a seizure has occurred is the perception of a reasonable person based on a totality of circumstances. a. True b. False

True

The minimum level of proof required for an arrest is probable cause. a. True b. False

True

The plain touch doctrine requires that the object must be immediately apparent as contraband. a. True b. False

True

The procedure of searching airline passengers is easily justified based on a compelling state interest. a. True b. False

True

There are arguments for and against the exclusionary rule. a. True b. False

True

There are four elements to an arrest. a. True b. False

True

There are limitations to what prisoners can claim under habeas corpus a. True b. False

True

U.S. Supreme Court decisions strongly suggest that the exclusionary rule applies only to Fourth Amendment search and seizure cases. a. True b. False

True


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