CJ422 Exam 2
In what case did SCOTUS hold that hearsay evidence could be used to establish probable cause?
Draper v US (1959)
Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:
Federal Rules of Criminal Procedure
Full body, strip, and body cavity searches of jail inmates are reasonable without either warrants or probable cause under certain circumstances. What are those circumstances?
If, in the particular situation, the need for security, safety, or discipline outweighs prisoners' reasonable expectation of privacy
Which of the following is not one of the three theories courts use to explain why probationers and parolees have diminished Fourth Amendment privacy rights?
They have diminished rights to promote the safety and security of probation and parole officers.
What type of search involves searching prisoners, probationers, and parolees, as well as visitors and employees of prisons and jails, to control contraband?
a custody-related search
With regard to a prisoner's expectation of privacy, the court has ruled that prisoners have
a substantially reduced expectation of privacy.
Which of the following is not an exception to the warrant requirement approved by SCOTUS?
a vehicle search
Which of the following usually occurs after a misdemeanor arrest?
release
In Graham v. Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically "roughed up" by the police. The court said:
the use of force was excessive, and the case was remanded back to the lower court.
What is the name of the practice of officers going to a person's residence, with or without any objective basis, and knocking on the door so as to obtain plain views of home interiors, question the residents, or ask for consent to search?
knock and talk technique
In Florence v. Board of Chosen Freeholders, SCOTUS (5-4) decided that strip searching Albert Florence before he entered the general jail population was:
not reasonable, due to a lack of reasonable suspicion.
To do a body cavity search at an international border, which of the following is needed?
probable cause
Which of the following is not needed to satisfy the Fourth Amendment's warrant requirement?
reasonable suspicion
The countervailing law enforcement interests against "no-knock" entry requirements identified by Justice Thomas in Wilson v. Arkansas include:
safety of officers, escape of the suspect, and destruction of evidence
One of the factors in determining the reasonableness of a search pursuant to a search warrant depends on the manner in which the police enter the place that the warrant authorizes them to search.
true
Probationers and parolees have diminished Fourth Amendment rights.
true
SCOTUS has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms.
true
The Fourth Amendment doesn't apply to unannounced searches of prisoners and their cells, for weapons and contraband, even if the motive behind the search was harassment.
true
The Fourth Amendment requires that magistrates base their probable cause determination on information sworn to under oath.
true
The border search exception allows searches at international borders without warrants or probable cause.
true
The knock-and-announce rule's origins come from English common law.
true
The objective basis for inventory searches consists of following routine procedures in compiling the inventory.
true
The special need justifying routine border searches is the right to control who and what enters and leaves the country.
true
Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
true
Whether police used excessive force in making a nondeadly force arrest is measured by an objective standard.
true
arrests have to satisfy the reasonableness requirement of the fourth amendment
true
Most cases demand that arrest warrants identify the person to be arrested:
with reasonable certainty
According to SCOTUS, searches at international borders are reasonable:
without warrants, probable cause, or reasonable suspicion.
Joan Smith is entering the United States at the Canadian border. Officers have reasonable suspicion to believe she is smuggling drugs. Which of the following searches of Joan may the officers lawfully conduct?
A routine border search, a strip search of her person, and a search of her handbag
Which of the following cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable?
Both of these cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable.
A batch of letter-sized airmail envelopes-from a country well known as a source of narcotics-that are bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S. Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be considered an illegal search and seizure?
No, because it constitutes a "border search" and anything crossing the border falls within this exception.
In Vernonia School District v. Acton (1995), SCOTUS found that random (without individualized suspicion) drug testing of:
all students voluntarily participating in the school district's athletic programs was reasonable.
Which of the following would not justify an emergency search?
an inconvenient location for waiting with a suspect for a warrant
In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, SCOTUS ruled that:
apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment, and a police officer may not seize an unarmed, nondangerous suspect by shooting the suspect dead.
In which of the following situations have the courts found a use of unreasonable force?
binding a suspect's ankles to his wrists behind his back (hog-tying)
In Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were arrested for child abuse after testing positive for cocaine while pregnant, SCOTUS decided that the searches:
did violate the Fourth Amendment, because they were warrantless, suspicionless, and nonconsensual.
According to SCOTUS in Draper v. U.S., involving a narcotics arrest based on an informant's description of a suspect:
hearsay can be used to determine probable cause.
In California v. Acevedo (1991), SCOTUS ruled that officers with probable cause but without warrants can search containers inside vehicles:
if the container isn't an essential part of the vehicle.
What legal doctrine states that school officials are substitute parents when students are in school?
in loco parentis
New York v. Belton (1981) extended the Chimel rule to:
interior vehicle searches, if the individual arrested is outside the car.
According to SCOTUS in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
it is not reasonable to search an entire house incident to a lawful arrest.
Under the holding in Chimel v. California (1969), a leading SCOTUS case on searches incident to arrest, the police must limit a thorough search incident to arrest to:
the arrestee's person and the area within the arrestee's immediate control.
The objective standard of reasonable force was adopted by SCOTUS in which case?
Tennessee v Garner (1985)
Most misdemeanor offenders are issued _______________, but can be arrested under certain circumstances.
a citation
Consent that takes place when one person in fact has the legal authority to consent to a search of the home and possessions of another person is called:
actual authority consent
The Fourth Amendment requires that a magistrate base a probable cause determination on written information sworn to under oath, also known as:
an addidavit
A search warrant must specifically identify "the things to be seized." This particularity requirement may not be met by specifying an entire class of items.
false
After a police officer issues a stopped motorist a citation for a traffic offense, the officer can search the stopped car without the motorist's consent.
false
An officer's subjective, honest belief that a crime has been committed is enough to support probable cause to arrest.
false
Deadly force can never be used to make an arrest.
false
Most searches require warrants to be reasonable.
false
Police can never arrest someone for a minor traffic offense.
false
SCOTUS has not applied the Fourth Amendment to "special needs" that aren't directly related to criminal law enforcement
false
The need to protect police from possible danger is not a justification for inventory searches.
false
The privacy concerns of high school students outweigh the special needs of schools when routine drug tests are applied as a condition for students who enroll in school activities.
false
There is a bright line difference between an arrest and a stop.
false
DNA testing of incarcerated felons:
has been found to be constitutional by the courts of appeal that have considered it
In determining the reasonableness of airport searches, courts have:
held that they entail minimal intrusions that apply to all passengers
What is the name of an emergency created by the need to pursue a fleeing suspect?
hot pursuit
Although SCOTUS has not ruled on this issue, the Eleventh Circuit Court of Appeals has upheld Georgia's statute, which requires mandatory testing and storage of DNA for what population?
incarcerated felons
According to the SCOTUS opinion in Tennessee v. Garner, involving the use of deadly force to apprehend a fleeing burglary suspect, deadly force:
is a fourth amendment seizure
According to the SCOTUS holding in Arizona v. Gant (2009), police may search a vehicle incident to a recent occupant's arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search, or if:
it is reasonable to believe that the vehicle contains evidence of the offense of arrest
Which of the following is an exception allowing entrance to a home without a warrant?
exigent circumstances
Probable cause deals with:
factual and practical considerations of everyday life.
Most arrests based on probable cause are reasonable without warrants.
true
In what case did SCOTUS hold that the Fourth Amendment authorized a police officer to make a full custodial arrest for a fine-only criminal offense occurring in the officer's presence?
Atwater v. City of Lago Vista (2001)
In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman's car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. SCOTUS decided that the search of the glove compartment:
did not violate the U.S. Constitution, because it was a legitimate inventory search.
The majority of arrests:
do not require a warrant to make them reasonable, as long as there is probable cause to arrest.
Whether Fourth Amendment seizures are stops or arrests depends on:
duration, invasiveness, and location.
The special need used to justify employee drug testing is directed mainly at:
employees who may endanger public safety while under the influence of illegal drugs.
In building probable cause, police officers may rely on what they:
see, hear, smell, and taste
The reasonableness of searches pursuant to search warrants depends on:
the existence of probable cause, the extent of the search, the particularity of the warrant, and the manner in which the police enter the place to be searched.
The probable cause requirement balances the societal interest in crime control and:
the individual rights to free movement
The vehicle exception to the warrant requirement is based upon:
the inherent mobility of the vehicle, and the reduced expectation of privacy in vehicles.
The criminal procedure value of balancing privacy and community safety weighs heavily on which side of the balance?
the privacy side
Which of the following is not a requirement for obtaining a warrant to arrest a suspect at home?
the suspect's criminal history
According to SCOTUS, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.
true
Arrests produce written documents that become part of a person's record.
true
Criminal law enforcement is not the purpose of employee drug testing.
true
Drug tests of public employees, hospital patients, and students are special needs searches that balance public safety against individual privacy rights.
true
