Constitutional Law Study Guide-Chapter 8 & 9
The cases of Brower, Hodari, and Mendenhall set the number of elements for any seizure at
4
Electronic surveillance is a form of search and seizure and, such as, is governed by which of the amendments?
4th amendment
In the case of __________, 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.
Adams v. Williams (1972)
A(n) ________________ allows civil inspections of private property to determine compliance with government rules, regulations, and city ordinances such as fire or building codes.
Administrative warrant
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
The supreme court reduced law enforcement's authority to search the passenger compartment of a vehicle incident to arrest in:
Arizona v. Grant
A lawful arrest can be made by an officer for any crime committed in his or her presence, for any felony, if the officer has probable cause and a(n) _______.
Arrest warrant
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
Once an individual has left the immediate vicinity of the search warrant, the police must have independent reasons under the 4th amendment to seize and detain that person was decided in the case of _____________.
Bailey v. US (2013)
The supreme court ruled that unannounced cell searches do not require warrants, do not violate inmates' 4th amendment rights, and are justified by the need to maintain order in:
Bell v. Wolfish
Which of the following does not deal with the rights of probationers or parolees?
Bell v. Wolfish
The case of _________________ established that vehicles can be searched without a warrant, provided (1) there is no probable cause to believe the vehicle's contents violate the law (2) the vehicle would be gone before a search warrant could be obtained.
Carroll v. US (1975?)
Common law has held that anyone witnessing certain crimes may make up a(n) _____ and then turn that individual over to authorities.
Citizen's arrest
A concept that holds a search can be incident to an arrest only if it occurs at the same time as the arrest and its confined to the immediate vicinity of the arrest is known as _________.
Contemporaneous
_____________ is defined as anything that is illegal for people to own or have in their possession, for example, child pornography, illegal drugs, or illegal weapons.
Contraband
The portion of the property generally associated with the common use of land is known as _____________.
Curtilage
A situation in which the police take someone in for questioning in a manner that makes it, in reality, an arrest, without the requisite probable cause , is called:
Detention Tantamount to arrest
A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, nut without the requisite probable cause is called __________.
Detention tantamount to arrest/de facto arrest
Searches of vehicles incident to the arrest of an occupant are allowed, only if the officer has a reasonable belief that the arrestee can gain access to the vehicle or that _________ will be found in the vehicle.
Evidence of the crime or arrest
List the elements of a seizure 2.
Exercising authority to do so
____________________ include danger of physical harm to an officer or others, danger of destruction of evidence, driving while intoxicated, hot-pursuit situations, and individuals requiring "rescuing", for example, unconscious individuals.
Exigent Circumstances
Police may not enter a private home without the appropriate warrant to make a routine felony arrest unless _________ exists.
Exigent circumstances
The police may not make a nonconsensual, warrantless arrest inside a person's home or arrest a guest within that home without:
Exigent circumstances
Although the operation of a motor vehicle on public roads is considered a right, the driver and occupants are not protected by the constitution.
False
In Florida v. J.L. (2000), the court held that an anonymous call telling police that a young black male is wearing certain clothing at a bus stop had a gun was enough to be considered reasonable suspicion.
False
In Riley v. California (2014), it was concluded that all property immediately associated with the arrestee may be searched incident to arrest.
False
Law enforcement recognizes and accepts eight legitimate uses of force, often referred to as the "Rules of the engagement".
False
The "open fields" doctrine holds that land beyond that normally associated with use of that land, that is, undeveloped land, may not be searched without a warrant.
False
The court has held that a state highway checkpoint, at which every vehicle is topped and the driver's sobriety check, violates the 4th amendment when no individualized suspicion exists.
False
The court has ruled that searches of visitors, correctional officers, and other corrections personnel are illegal without a warrant or probable cause of crime commission.
False
The precedent case for search and seizure of abandoned property and open fields is Arizona v. Grant
False
United States v. Santana (1976) established that a hot pursuit does not justify forcible entry into an offender's home without a warrant.
False
United States v. Watson (1976) established that an arrest without a warrant, made in a public place, is invalid if the arresting officer had time to obtain an arrest warrant.
False
While the terms may be similar, legally there is no overlap between the trespass and privacy doctrines.
False
The term "__________" explains the circumstances in which officers leave their jurisdiction and enter another to arrest a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines.
Fresh pursuit
The supreme court has recognized the routine border stops and searches may be carried out at a border and at its __________; for example, an airport that receives nonstop flights from foreign countries.
Functional equivalent
The importance of the __________________ case lies in recognizing that different states courts have ruled differently on the way that they treat anonymous tips with respect to forming reasonable suspicion.
Harris v. Commonwealth(2008)
Which case concerns the plain view doctrine?
Horton v. California
During a ______, in which an officer is immediately chasing an individual, the officer is allowed to forcibly enter constitutionally protected areas (such as a home) without a warrant.
Hot pursuit
Foreign diplomats (including ambassadors, ministers, their assistants, and attaches),theirs families, and their servants have complete ______ from arrest in the US.
Immunity
List the elements of a seizure 1.
Intending to seize an object, including a person
Force used by an officer must be ______ in order to fall under the 4th amendment's objective reasonableness test.
Intentional
Which of the following best describes the significance of Groh v. Ramirez (2004)?
It illustrates the importance of paying attention to the details of the warrant before searching.
In 1967, the court explained that the constitution protects people, not places, in which landmark cases?
Katz v. US
The case of ___________ established that a search with a warrant includes limited authority to detain the occupants of the premisses during the search.
Michigan v. Summers (1981)
When would a traffic stop require Miranda warnings?
Miranda warnings are not required for traffic stops
The case ________ established that police may not enter a private home to make a routine felony arrest unless exigent circumstances exist, sudh as a hot pursuit.
Payton V. New York (1980)
In which case did the supreme court hold that "In terms that apply equally to seizures of property and to seizures od persons, the 4th amendment has drawn a firm line at the entrance to the house... Absent exigent circumstances, that threshold may not be reasonably be crossed without a warrant."?
Payton v. New York
A type of shadow in astronomy with the principle extending to the idea that certain constitutional rights are implied within other constitutional rights known as a ____________.
Penumbra
List the elements of a seizure 3.
Physically controlling the object
The supreme court ruled in 1993 that police do not need a warrant to seize narcotics detected while frisking a suspect for concealed weapons, as long as the narcotics are instantly recognizable by______________.
Plain feel or plain touch
______________ must meet three criteria: (1) the officer is lawfully present at the place from which the evidence can be plainly viewed; (2) the officer has a lawful right of access to the object; and (3) the object's incriminating character is immediately apparent.
Plan View
Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a __________.
Pretext stop
A ____________ is a limited search made in conjunction with an in-home arrest when the searching officer possess a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene.
Protective Sweep
An exemption of a public official from civil liability for actions performed during the course of his or her job unless they violated a "clearly established" constitutional or statutory right of which a reasonable person would have known is referred to as ___________.
Qualified Immunity
Defining a ________________________________ uses a two-pronged test of a situation in which (1) a person has exhibited an actual (subjective) expectation of privacy and (2) that expectation is one that society is prepared to recognize as reasonable.
Reasonable Expectation of Privacy
___________ refers to the unreasonableness and unlawfulness of searches of seized luggage or other personal belongings not immediately associated with the arrestees' body or under his or her immediate control.
Remoteness
The 1991 cases involving the beating of ______ by the LAPD brought the issue of police brutality and racism in Los Angeles to the forefront.
Rodney King
Who does not have complete immunity from arrest?
State Legislators
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. Garber (1985)
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 and leave?
The Mendenhall Test
When a person is handcuffed after being arrested, officers may search:
The area that was under the immediate control of the suspect prior to being arrested.
What is the significance of Adams v. Williams (1972) in regard to the 4th 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 of the following is not one of the criteria that must be met for plain view?
The original intrusion is legal only because it is pursuant to a valid warrant
A study by Police One magazine found that the most commonly used less-that-lethal weapon is ________
The taser
List the elements of a seizure 4.
The understanding of what is happening such that a reasonable person would not feel free to leave
Which on the following is not a fundamental constitutional rule that applies to 4th amendment case?
There must be law enforcement actions.
The issue of when an officer may proceed with a vehicle search incident to arrest of a recent occupant was addressed in _________.
Thorton v. US (2004)
Which of the following is not one of the 5 legitimate uses of force, often referred to as the "Rules of Engagement"?
To overcome objections
Officers must have a particularized and objective basis for suspecting a person or criminal activity to demonstrate reasonable suspicion for an investigatory stop under the:
Totality of the circumstances test
"Dumpster Diving" or "trash pulls" are methods for obtaining incriminating evidence that often provide legal grounds to obtain a search warrant of a home.
True
A seizure occurs whenever a vehicle is stopped, and so 4th amendment prohibitions against unreasonable search and seizure apply.
True
After officers have obtained their search warrant and gained entrance, they can search only areas in which they reasonably believe the specified items might be found.
True
Because a traffic stop is brief and occurs in public, it is not considered an arrest, thus Miranda warnings need not be given.
True
If an individual gives voluntary consent for the police to search his or her person or property, the police may do so without a warrant, and any evidence found will be admissible in court.
True
If police officers observe a crime being committed, they have the authority to arrest, without a warrant, the individuals involved in committing the crime.
True
Illinois v. McArthur (2001) dealt with whether an officer could refuse to allow a resident to enter his home without a police officer until a search warrant could be obtained.
True
Many states have adopted the Uniform Act of Fresh Pursuit, which allows police officers of one state to enter another state in fresh pursuit of a suspect who has committed a felony in the officers' state.
True
Most state laws define an arrest, in general terms, as the taking of a person into custody, in the manner authorized by law, to present that person before magistrate to answer for committing a crime.
True
Most states statues do not specify whether a private person making an arrest can use force and call for assistance from others, as the police can.
True
Once given, consent may be revoked at any point.
True
Police officers who have established probable cause that evidence is likely to be at a certain place and who do not have time to get a search warrant may conduct warrantless search based on exigent circumstances
True
Prior to 1967, courts took a property-based approach to defining a search and when constitutional protections were implicated.
True
School officers may search students in public schools for contraband without a warrant as long as the search is reasonable and does not violate the 4th amendment.
True
The Court has allowed, as reasonable, third-party consent searches in which an apparent authority existed.
True
The Wiretap Act of the Omnibus Crime Control and Safe Streets Act of 1968 prohibits the interception of phone conversations unless one party to the conversation consents or when authorized by the competent jurisdiction.
True
The automobile expectation, as it stands today, simply states that if a government agent has probable cause to believe the vehicle contains contraband or evidence of a crime, no warrant is needed.
True
The concept of curtilage evolved in the supreme court's attempt to ascertain just how far behind one's house the reasonable expectation of privacy extended.
True
The court has ruled that an officer can frisk a passenger of a car the has been lawfully stopped soley for a traffic violation if the officer believes the passenger is armed or dangerous.
True
The decision in Terry v. Ohio permits officers to take all necessary measures to protect themselve, without turning a stop into an arrest.
True
The issue of whether employers can inspect employee computer use rests on whether the company has a policy in place addressing this issue.
True
The law of citizen's arrest is used by private security officers. Because of this law, the 4th amendment )or any other constitutional restraint) does not bind them.
True
The only justification for the use of deadly force by an officer is in self-defense or in protecting the live of others.
True
The supreme court has held the the government's compelling interest in protecting the nation's borders alone justifies stopping any vehicle or individual, but stops may not be done an the basis of ethnicity, religion, or the like.
True
The supreme court has ruled that in past cases that, during a traffic stop, telling the driver to exit a stopped vehicle, having a canine "sniff" the exterior of a car for the presence of drugs, and asking a few off-opic questions are all reasonable actions and do not require additional reasonable suspicion to perform.
True
Use-of-force situations are fluid, and the amount of force that is considered reasonable will likely change throughout an encounter.
True
When the government agents search a person incident to arrest, they may use reasonable force to protect themselves, as well as to prevent escape or the destruction or concealment of evidence.
True
The intensity and scope of a seizure can transform a stop into an arrest.
Ture
The case of ________________ held that "The constitution does not prohibit a government agent from using an electronic device to record a telephone conversation between two parties with the consent of one party to the conversation".
US v. White (1970)
In case of ________, the supreme court allowed the border patrol to set up permanent checkpoints on public highways leading to or away from the mexican border, ruling that these check points are not violation of the 4th amendment.
United States v. Martinez-Fuerte(1976)
The supreme court has ruled that the expectation of privacy does not exist when someone voluntarily converses with someone else know as the ______________ exception.
Unreliable ear
The use of a taser might be considered unreasonable, excessive force is the subject is ____________.
Verbally abusive
Courts typically justify the consent exception by two separate tests; first, the ____________________ which mandates the consent obtained without coercion or promises and was, therefore, reasonable.
Voluntariness Test
In which case did the supreme court hold that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered a house and began to search for the man because "the 4th amendment doesn't require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others"?
Warden v. Hayden
When conducting an inventory search of a vehicle, it is important to have:
a standard operating procedure
When government agents are lawfully executing a warrant, they:
can seize any contraband, even of not specified in the warrant.
Which of the following is often used in place of "stop", primarily because they mean the same thing and both refer to a seizure that must be justified by reasonable suspicion?
detention
Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of:
domestic assault
Roadblocks have been found to be constitutional if their purpose is to check for:
drunk drivers
Which of the following best describes the significance of Camara v. Municipal Court of the City and County of San Francisco (1967)?
first recognized the use of administrative searches
Usually, officers cannot make a lawful arrest:
for a misdemeanor committed outside their presence.
Although the 4th amendment generally does not restrict private citizens' actions, it does apply to all:
government employees
In United States v. Sharpe, the court ruled that a stop:
has no rigid time limit
Electronic surveillance:
is governed by the Fourth Amendment.
Relationships in which third-party consent to search is allowed include all of the following, except:
landlord-tenant relationships
All searches must be:
limited in scope
Searches at international borders:
may be conducted without probable cause or a warrant
The length of an investigation detention should be measured in ________.
minutes
General searches are:
never constitutional
Routine searches at our national borders require:
no justification
A warrantless arrest that begins in a public place is valid:
only if probable cause exists, even if the arrestee retreats to a private place
Which of the following would be considered a violation of a person's reasonable expectation of privacy, requiring a warrant?
police place a listening device in a public telephone booth to monitor conversations.
Searches with a warrant are:
presumed to be reasonable
The term "detention" is often used in place of the term "stop", but they are the same thing; they both refer to a seizure that must be justified by ____________.
reasonable suspicion
When a reasonable person believes he or she is not free to leave, a)n) ____________ has occurred.
seizure
A stop is quite different from an arrest, but both are ________ regulated by the 4th amendment.
seizures
usually, the only person able to give consent in a search is the person whose constitutional rights might be threatened by the search, who is said to have:
standing
Which of the following would not be a legitimate factor contributing to the decision to frisk?
suspicion that a suspect processes dangerous drugs
US v. Warshak affirmed:
that there is a reasonable expectation of privacy in emails.
Which of the following, by itself, can be used as reasonable suspicion to conduct a stop?
the existence of a wanted poster
Police may use deadly force against fleeing felons only if:
the suspect presents an imminent danger to life
Which of the following is not considered when determining if the length of an investigation stop was reasonable?
whether force was used to stop and detain the suspect
The court defined ______________ the area within a person's reach or immediate control.
wingspan
