Legal Aspects Exam 1 (Ch 1 - 5)

The Foreign Intelligence Surveillance Act (FISA) regulates the surveillance of which of the following?

"Foreign powers" or "agents of foreign powers"

At the federal level, the most common statute for holding police officers criminally liable is:

18 U.S.C. Section 242

There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most often-cited source of rights in criminal procedure?

Fourth Amendment

Which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search?

Fruit of the poisonous tree

Which of the following is NOT an exception to the Fourth Amendment's warrant requirement?

Suspicion search

The exclusionary rule does NOT apply in:

all of the above

At the federal level, the lowest-level trial court is referred to as:

district courts

One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is:

free to decline the officer's requests

A nonjudicial remedy in which the police investigate on their own complaints against officers is:

internal review

During mediation, a neutral third party is often referred to as a(n):

ombudsman

Extralegal remedies are:

remedies conducted outside the legal process

The term "objective reasonableness" in criminal procedure refers to:

what a reasonable person would do or feel under the circumstances

Which standard is used to support certain regulatory and special needs searches? It was created by the Supreme Court and adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.

Administrative justification

A plain view seizure is authorized when:

All of the above

In which case did the Supreme Court create the "immediately apparent" requirement for a valid plain view seizure?

Arizona v. Hicks

The plain view doctrine first emerged from the Supreme Court's decision in which case?

Coolidge v. New Hampshire

Which of the following requires that a plain view seizure be based, in part, on probable cause that the item can be seized?

Immediately apparent

This term refers to more than bare suspicion; it exists when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."

Probable cause

In Dunaway v. New York, the Supreme Court ruled that:

a custodial interrogation must be supported by probable cause

A method of alternative dispute resolution in which a neutral third party renders disciplinary decisions is referred to as:

mediation

Each state has its own highest court, typically referred to as:

state supreme courts

Probable cause is a necessary component of a:

valid warrant

The term "automobile" includes which of the following?

All of the above

In which case did the Supreme Court consider a statute that permitted eavesdropping orders to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered?

Berger v. New York

In which case did the Supreme Court rule that stationhouse detentions require probable cause?

Davis v. Mississippi

Which of the following is the most frequently discussed remedy in criminal procedure?

Exclusionary rule

Which of the following is NOT a recognized reason for a warrant-less arrest?

Getting a warrant would be inconvenient and costly

Which statement is true of the Fourth Amendment?

It protects from unreasonable searches and seizures

In which case did the Supreme Court rule that deadly force may be used when (1) it is necessary to prevent the suspect's escape, and (2) the officer has probable cause to believe the suspect poses a serious threat of death or causes serious physical injury to other people or police officers?

Tennessee v. Garner

In which case did the Supreme Court state that a seizure has occurred if the officer's conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?

Terry v. Ohio

In which key case did the Supreme Court define the meaning of arrest as more than restricting a person's movement?

Terry v. Ohio

Why focus attention on the constitutionality of arrests?

The constitutionality of an arrest is critical in determining whether evidence seized in connection with the arrest is admissible in court

Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt?

The exclusionary rule

What must an officer show in order to obtain an arrest warrant?

The person may have committed the crime in question

Which type of warrant permits interception of electronic communications?

Title III

In several arrest cases, the courts have considered what sources of information meet the probable cause burden. Three main sources of information have been examined. Which of the following is NOT one of them?

Undercover agent information

The Supreme Court first permitted warrantless hot pursuit searches in:

Warden v. Hayden

When an appellate court agrees with a lower court's decision, it _____ that decision.

affirms

42 U.S.C Section 1983 is used for:

civil liability

In order for criminal liability to be imposed under Section 242, a(n) ____________ right must be clearly established.

constitutional

In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) generally has to prove that the defendant officer intended for the violation to occur is referred to as...

culpability

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

Police officers act under color of law when they:

identify themselves as officers

When an appellate court reverses a lower court's decision, it:

nullifies or sets aside a trial verdict

The due process clause consists of two types of due process: substantive and procedural. Substantive due process refers to:

protection from arbitrary and unreasonable action on the part of state officials

The most important source of rights applying to criminal procedure is/are:

the U.S. Constitution

In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a:

writ of certiorari

There are two types of remedies:

Extralegal and legal

Outside of exigent circumstances, when may officers make warrant-less arrests?

In public spaces with probable cause

Which statement is true of the Fifth Amendment?

It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes

Which incorporation perspective has arguably "won out" over the others?

Selective Incorporation

Which of the following is part of the search incident to arrest exception to the Fourth Amendment's warrant requirement that allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area"?

Armspan rule

What key case declared that the Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine?

Atwater v. City of Lago Vista

According to the Supreme Court, which of the following is the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"?

Curtilage

Which of the following is NOT a characteristic of the crime control perspective?

Faith in the courts

Which of the following is NOT a recognized reason for a warrant-less search based on exigent circumstances?

Getting a warrant would be inconvenient and costly

Which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis?

House

A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:

Stare Decisis

Which of the following is a criticism of the exclusionary rule?

The rule does very little to deter police misconduct

Which of the following is an argument in support of the exclusionary rule?

The rule is beneficial because it helps innocent people

A claim of racial profiling can be raised pursuant to

Title VI of the Civil Rights Act of 1964

In which of the following scenarios can the seizure of a person occur?

When he or she is arrested and taken to the police station for questioning

Title III of the Omnibus Crime Control and Safe Streets Act and the Electronic Communications Privacy Act amend that in order for the government to intercept almost any wire, oral, and electronic communications among private parties, it must have:

a valid search warrant

To be held liable under Section 242, a law enforcement officer must:

act with specific intent to deprive a person of important constitutional (or other federal) rights

Exceptions to the fruit of the poisonous tree doctrine include:

all of the above

Judicial restraint refers to:

limiting decisions to the facts of each case

The past Supreme Court requirement that a physical intrusion by authorities must have taken place to violate one's privacy is referred to as the:

privacy doctrine

Justification that falls below probable cause but above a hunch is referred to as:

reasonable suspicion

Police conduct that is considered reasonable by the police officer engaged in the conduct is referred to as:

subjective reasonableness

Probable cause to arrest must precede the warrantless searches:

to restrict officers from engaging in "fishing expeditions"

A warrantless search for evanescent evidence is permissible when:

All of the above

For a Title III warrant to be issued, the warrant application must do which of the following?

All of the above

Probable cause may be established in many ways. Which of the following would be an example?

All of the above

Restrictions on searches incident to arrest include which of the following?

All of the above

The Fourth Amendment protects which of the following from unreasonable searches and seizures?

All of the above

There are three nonjudicial remedies available for police misconduct. Which are of the following is/are NOT one of them?

All of the above

Which is NOT one of the four types of warrantless searches?

All of the above

Which of the following components of a search warrant are true?

All of the above

Which of the following is NOT an essential component of an arrest or search warrant?

All of the above

Which of the following is a key characteristic of the ombudsman system?

All of the above

Which of the following statutes has restricted or continues to restrict electronic surveillance?

All of the above

Who are considered government officials within the meaning of the Fourth Amendment?

All of the above

The theory world and real world can differ for which of the following reasons?

All of the above.

Which of the following is/are restrictions imposed on the police regarding the timing of search warrants?

All 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

In which case did the Supreme Court find that respondents could have no reasonable expectation of privacy for abandoned property?

California v. Greenwood

Which was the first Supreme Court case to recognize administrative justification?

Camara v. Municipal Court

In which landmark case did the Supreme Court carve out the automobile exception to the Fourth Amendment's warrant requirement?

Carroll v. United States

In this case, the Supreme Court held that the full search of the house was unreasonable, but a search of the arrestee was permitted "to remove any weapons that the [arrestee] might seek to use in order to resist arrest or effect his escape" and to "seize any evidence on the arrestee's person in order to prevent its concealment or destruction."

Chimel v. California

________ ________ in the complaint process will produce (1) more objective and more thorough investigations, (2) a higher rate of sustained complaints and more disciplinary actions against guilty officers, (3) greater deterrence of police misconduct (through both general and specific deterrence), and (4) higher levels of satisfaction on the part of both individual complainants and the general public.

Citizen involvement

Which is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief?

Civilian review

Which of the following refers to force that is likely to cause death or serious bodily harm?

Deadly force

Which exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible?

Good faith

To define when a search takes place, which two important factors need to be considered?

Government action and reasonable expectation of privacy

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

Inconvenient to obtain a warrant

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?

Independent source exception

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway?

Inevitable exception

Which statement is true of the Fourteenth Amendment?

It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

Which of the following is NOT a reason a "bright-line" decision may be helpful?

It is ambiguous

William A. Geller has argued which of the following points regarding civilian input into the process of investigating complaints against police?

It is difficult for people that are disconnected from the police department to have an adequate understanding of the internal operations of a civilian review board

Which statement is true of the Eighth Amendment?

It protects from cruel and unusual punishment.

Which statement is true of the Sixth Amendment?

It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Which officials meet the requirement of "neutral and detached"?

Judges

Which of the following is necessary for the police to engage in actions that trigger the Fourth Amendment? Examples include probable cause and reasonable suspicion.

Justification

In which case did the Supreme Court expand the scope of the incident search?

Maryland v. Buie

In which case did the courts find the search warrant to be valid if the officer's error was reasonable?

Maryland v. Garrison

Which is the least common method of rectifying constitutional rights?

Mediation

There are three concerns that make the incorporation debate significant. Which of the following is NOT one of them?

Most contact between police and citizens takes place at the federal level

Which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence?

Papers and effects

Which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes?

Person

If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under which doctrine?

Plain view

Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?

Purged taint exception

Which of the following are NOT one of the concepts underlying the due process perspective?

Quantity is better than quality

Which level of justification is required for stops and investigative detentions that fall short of arrests?

Reasonable suspicion

The Fourth Amendment contains which two basic clauses?

Reasonableness and warrant clauses

This exception recognizes that, when arresting a suspect, police officers must be permitted to search the person and the immediate area in order to protect the officers from harm and to prevent the destruction of evidence.

Searches incident to arrest

Which of the following occurs when a police officer—by means of physical force or show of authority—intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave?

Seizure of a person

Which of the following is an order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense?

Seizure warrant

Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.

Selective Incorporation

Which Supreme Court case upheld the common-law rule that arrests made in public do not need to be predicated on a warrant?

United States v. Watson

In determining if an arrest has occurred, the courts will weigh:

all of the above

Title III of the Omnibus Crime Control and Safe Streets Act is federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept:

all of the above

The act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as a(n):

arrest

An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense is referred to as a(n):

arrest warrant

In the Section 1983 context, the theory that the officer who allegedly committed the constitutional rights violation should be held liable is referred to as:

civil liability

The primary purpose of criminal procedure is to maintain the proper balance between:

controlling crime and due process

Typically, the lowest-level court(s) in a given state is/are:

courts of limited jurisdiction

When a decision does not apply to the current facts, a court will _________, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.

distinguish the case

The methods used to spy on criminal suspects, such as wiretapping, video surveillance, thermal images, and "gun detectors," are referred to as:

electronic surveillance

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of:

enhancement devices

Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of...

exigent circumstances

Legal guilt is determined by whether a person is guilty according to the:

law

If the police activity in question does not involve a person, house, paper, or effect: a. Fourth Amendment protections are decided on a case-by-case basis.

no Fourth Amendment protections exist

The courts have required that administrative searches be conducted according to:

objective, standardized procedures

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as:

open field

Title III restricts the "interception" of:

oral communications in private places.

The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized is referred to as:

particularity

A cursory visual inspection of those places in which a person might be hiding is referred to as a:

protective sweep

A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force, is referred to as:

public duty defense

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's

reasonable expectation of privacy

The first part of the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . ." is referred to as the:

reasonableness clause

When there is some meaningful interference with an individual's possessory interest in that property, it is defined as a:

seizure of property

A(n) _________ is a brief non consensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest; it is the detention of a person by a law enforcement officer for the purpose of investigation.

stop

The total incorporation perspective can be best described as the view that:

the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights

Before a warrant is issued by the Foreign Intelligence Surveillance Court, the court must find probable cause that:

the target of the surveillance is a foreign power or an agent of a foreign power

When people __________ convey information or provide material to third parties, they cannot have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities.

voluntarily

The second part of the Fourth Amendment, ". . . no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" is referred to as the:

warrant clause