Unit 2: 5, 6, 7, 8

The Supreme Court has sanctioned school disciplinary searches for grades:

K-12

A controversial law enforcement practice used to obtain consent to search in the absence of probable cause is called:

Knock and talk

A Miranda waiver must be:

Knowing Intelligent Voluntary All of the above

A valid hot pursuit must originate from a __________ starting point.

Lawful

The Scope of consent is:

Limited to the type of consent given

In which case did the court hold that officers may make a protective sweep of an area after an arrest was made?

Maryland v. Buie

In which case did the Supreme Court sanction sobriety checkpoints?

Michigan Dept. of State Police v. Sitz

In which case did the Supreme Court hold that the prosecution "may not use statements, whether exculpatory or culpatory, stemming from custodial interrogation of the defendant..." in which the defendant was not told they did not have to make any statements that were self-incriminating?

Miranda v. Arizona

The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in:

Protecting public safety

The _______________ exception to Miranda exists if a threat exists to third parties.

Public safety

Which standard of justification is necessary for stop and frisk activities?

Reasonable suspicion

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

Which of the following is a leading drug courier profiling case?

Reid v. Georgia United States v. Mendenhall Florida v. Royer United States v. Sokolow All of the above are leading drug courier profiling cases

In deciding whether a proceeding is criminal, courts will consider whether:

Retribution or deterrence are goals associated with the proceeding

Which of the following is a type of warrantless search or seizure?

Search incident to arrest

Warrentless searches and seizures include:

Searches incident to arrest Searches based on the plain view doctrine Automobiles All of the above

Stops and frisks are considered _____________ acts.

Separate

The right to council is guaranteed by the ______________ Amendment.

Sixth

Which of the following can be said about stop and frisk?

Stop always precede frisks Stops do not automatically give rise to frisks Stops and frisks are separate acts All of the above

Which of the following is NOT considered an administrative search?

Stop and frisk

To which of the following senses has the plain view doctrine NOT been applied?

Taste

In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is "armed" and "dangerous" before a frisk can be conducted?

Terry v. Ohio

Interrogations and confessions are protected by which of the following constitutional amendments?

The Fifth The Sixth The Fourteenth All of the above

What do the courts pay attention to when deciding whether a confession is voluntary?

The nature of the police conduct The characteristics of the accused Whether force was used Physical brutality All of the 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

A warrantless search based on a hot pursuit exigency will be upheld if:

The police have probable cause to believe the person they are chasing committed a crime The pursuit originates at a lawful point The underlying offense is "serious" All of the above

Which factors has the Supreme Court considered in determining the appropriate duration of a stop?

The public interest served by the seizure The nature and scope of the intrusion The objective facts upon which the law enforcement officer relied All of the above

A warrantless search for evanescent evidence is permissible when:

The search is conducted in a reasonable manner

Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is ________________.

Voluntarily obtained

For consent to be constitutionally valid, it must be:

Voluntary Not the result of duress Not the result of coercion Freely given All of the above

Frisks must be directed at discovering:

Weapons

Some years after deciding See v. Seattle, the Supreme Court created the ______________ exception to the Fourth Amendment's warrant requirements in Colonnade Catering Corp v. United States.

closely regulated business

Hot pursuit is one type of _____________ circumstances.

exigent

A controversial law enforcement practice used to obtain consent to search, without probable cause, by merely asking for it at the front door is known as _____________ _________ _____________.

knock and talk

In Griffin v. Wisconsin, the Supreme Court held that an agency rule or state law permitting probation officers to search a probationer's home without a warrant and based on reasonable suspicion was constitutional. The court based its ruling on which of the following?

there is a special need by the State due to probationary supervision probationers and parolees have a reduced expectation of privacy a and b are correct

When do the restrictions / protections of the 4th Amendment apply?

when the person has standing when the evidence in question a person, house, paper, or effect when the search is or conduct is governmental if there is a reasonable expectation of privacy when all of the above are present together

The Supreme Court has authorized warrantless inspections of:

Firearms dealerships Vehicle junkyards Closely regulated businesses Liquor stores All of the above

Warrantless vehicle inventories are permissible:

Following a lawful impoundment When they follow standard operating procedures When they are not pretextual All of the above

Which of the following can be considered interrogation for Miranda purposes?

Formal questioning Functional equivalent of questioning Asking a question that is reasonably likely to elicit an incriminating response A conversation between police officers designed to elicit an incriminating response All of the above

Which of the following are considered restrictions on frisks?

Frisks are 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

Which of the following is NOT a recognize reason for a warrantless search based on exigent circumstances?

Getting a warrant would be inconvenient or costly

For an item to be lawfully seized under the plain view doctrine, it must be "immediately apparent" to the officer that the item is subject to seizure. This means that the officer must:

Have probable cause that the item is contraband

Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court?

Hospital patient testing

The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the __________ requirement.

Immediately apparent

Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?

Inconvenient to obtain a warrant

Which of the following can be considered administrative searches?

Inspections

____________ are detentions less intrusive than arrest but more intrusive than a Terry stop.

Investigative detentions

The Supreme Court has condoned stops lasting as long as:

16 hours

With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?

Preliminary hearing Arraignment Formal charge All of the above

A valid frisk can evolve into a search if what type of justification develops along the way?

Probable cause

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

A pat-down of the suspect's outer clothing

Custody is defined by the Supreme Court as:

A person has been taken into "custody" A person has been formally arrested A person has been deprived of his freedom of action or movement in any significant way A reasonable man in the suspect's position would have understood he was in custody All of the above

Which of the following can be considered "criminal proceedings?

A trial Capital sentencing hearing Grand jury investigations All of the above

What is the difference between an admission and a confession?

Admission: Confession:

Which of the following can be considered "characteristics of the accused" that many render a confession involuntary?

Age Mental history Fatigue Pain All of the above

Reasonable suspicion is:

An attempt to strike a balance between procedural due process and crime control

What type of test has the Supreme Court relied upon in order to distinguish stops from nonstops?

An objective test

Police entering a residence on the consent of a third party subject to the ______________________ doctrine.

Apparent authority

Which of the following can be considered characteristics of drug couriers?

Arrival from or departure to an identified source city Unusual itinerary Use of an alias Carrying little or no luggage All of the above

Which of the following is NOT a reason articulated by the Supreme Court as a reason allowing automobile searches without a warrant:

Automobiles are not subject to the probable cause requirement

Which of the following can be considered constitutional checkpoints?

Border checkpoints Sobriety checkpoints License and safety checkpoints Illegal immigrant checkpoints All of the above

The Fifth Amendment protects against:

Compelled self-incrimination

Which of the following is a search that requires no justification at all?

Consent search

Stops for loitering are:

Constitutionally questionable

Reasonable suspicion is a standard of justification:

Created by the Supreme Court

Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

Custody

"Evanescent evidence" refers to evidence that is likely to:

Disappear

Title VI of the Civil Rights Act of 1964 requires a showing of:

Disparate impact

In which of the following ways can compulsion occur?

During questioning Through responses on written documents When a person is threatened with sanctions by refusing to testify All of the above

In O'Connor v. Ortega the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting:

Evidence of work-related misfeasance

Emergency situations allowing for searches without a warrant are referred to as:

Exigent circumstances

In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have:

Expanded stops and frisks

After a suspect asserts his or her Miranda rights, questioning:

Must cease as a general rule

Which of the following circumstances violates the Fifth Amendment right against self-incrimination?

None of the Above

Which of the following, by itself, will automatically render a confession involuntary?

None of the above

Once a person gives consent to a search, which of the following is true?

None of the above are true

In which case did the Supreme Court hold that police officers can stop, with reasonable suspicion, and order drivers out of their car?

Pennsylvania v. Mimms

With regard to the Fifth Amendment, the "testimonial evidence" requirement does not cover:

Physical evidence

Minnesota v. Dickerson is the case that officially recognized the doctrine known as __________ ____________.

Plain view

Which of the following is a requirement for a valid search incident to arrest?

The arrest must be lawful Probable cause must be in place in advance of the arrest The search should take place soon after the arrest All of the above

Concerning the scope of a search incident to arrest, a police officer may search:

The arrestee The area within the immediate control of the arrestee The arrestee and all of his or her personal effects on the arrestee at the time of arrest All of the above

Witnesses at either a trial or a grand jury hearing can be compelled to answer questions once they waive their Fifth Amendment privilege and begin to testify. This is known as:

The fair examination rule

The Supreme Court in Hayes v. Florida ruled that stationhouse detentions for the purpose of fingerprinting are permissible when:

There are narrowly circumscribed procedures in place There is an objective basis for detaining a suspect There is a clear investigation underway There is a court order stating that adequate evidence exits All of the above

A warrantless search for evanescent evidence is permissible when: (2)

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 (2)

Which of the following is a reason in support of vehicle inventories?

They protect the vehicle owner's property

Which of the following can be considered characteristics of drug couriers?

Travel to and from major drug import centers

The term "automobile" includes which of the following?

Trucks Boats Tractor trailers with sleeper cabs Automobiles 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