POLC 365.01 Exam 2

In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found?

A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody.

Which of the following examples would be considered an unacceptable detention for a Terry stop?

A traffic officer makes a suspect wait 3 hr in his vehicle for a drug dog.

Which of the following searches should be considered constitutional?

A wife consents to search of her and her husband's entire home, even though he is not present; police search the entire home.

Which of the following is one of the seven primary characteristics of Markonni's drug profile?

carrying little or no luggage or large quantities of empty suitcases

Probable cause is based on all of the following except ______.

certainties

A search incident to an arrest is required to be ______

contemporaneous

The first profiles were developed to detect and track ______.

drug traffickers

Situations in which officers must urgently take immediate action are known legally as ______.

exigent circumstances

Read the following scenario: A suspect had a history of drug possession, he resided in an area known for drug sales, and the police officer had previously arrested eight individuals for drug possession. Which of the following are factors that could, in combination, constitute reasonable suspicion?

experience

If someone claims to have seen and experienced being run off the road by a driver, it is referred to as a ______.

eyewitness account

Police officers should rely on which of the following when determining reasonable suspicion?

facts

The original standard in the United States regarding deadly force was known as the ______.

fleeing-felon rule

The concern over officer subjective motivation is not a concern of the Fourth Amendment but the Equal Protection Clause of the ______ Amendment.

fourteenth

All of the following topics are usually discussed when reviewing the law of stop and frisk except ______.

gender and reasonable suspicion

The area of immediate control is commonly referred to as the ______.

grab area

An informant's credibility is established by ______.

highlighting that the informant has provided accurate information in the past

Several state legislatures have passed laws loosening the requirements for warrantless arrests for misdemeanors, allowing a warrantless arrest even the officer did not necessarily observe the offense. Which of the following offenses is most likely to fall into this category of exceptions?

shoplifting

The particularity requirement requires specificity of ______.

the address/location

Who is the initial person to decide whether an officer has probable cause to request a warrant?

the issuing judge/magistrate

Which of the following best lends credence to a tip provided by an anonymous informant?

the level of detail provided by the informant

All of the following are standard details given in a warrant application to fulfill the particularity requirement except ______.

the method of searching to be used

When determining the reasonableness of a Terry stop, the facts must be judged in accordance to what a reasonable person would have believed. This is known as ______.

the objective standard

Reasonable suspicion must be based on the ______.

the officer's intuition

All of the following factors are considered in the determination of reasonable suspicion except

the race of the individual in question

Two roommates share an apartment, sharing all rooms except their separate bedrooms. One roommate can grant consent to search all of the following rooms except ______.

the second roommate's bedroom

Courts have upheld frisks based on a combination of factors, which include all of the following except ______.

the suspect's demographic makeup

By what standard do the courts determine whether reasonable suspicion existed to justify a Terry stop?

the totality of the circumstances

In Payton v. New York, the U.S. Supreme Court stressed that ______ is "the chief evil at which the Fourth Amendment is directed."

the unjustified entry into the home

Voluntariness, as required for consent, is determined using which test?

totality of the circumstances

The Aguilar-Spinelli test was overturned in the case of Illinois v. Gates and replaced with the ______ test.

totality-of-the-circumstances

All of the following are aspects of informant information to be considered established in Illinois v. Gates except ______.

trustworthiness

Information by all of the following can help establish probable cause except ______.

unreliable anonymous tips

The frisk must be directed at the discovery of ______.

weapons

In which of the following circumstances must an officer obtain a warrant?

when an officer suspects someone may be engaging in criminal behavior based on his reputation alone.

All of the following are major factors considered by a judge when determining the level of intrusiveness of a Terry stop except ______.

whether an informant was involved

The key element that differentiates a Terry stop from an arrest is ______.

whether handcuffs are employed

All of the following are good reasons for issuing citations rather than arresting individuals except ______.

police prefer to arrest individuals to keep prisons and jails full at all times

What level of proof is needed to establish that a suspect consented to a voluntary search?

preponderance of the evidence

The U.S. Supreme Court has repeatedly stated that probable cause is a matter of "______."

probabilities

All of the following are points the U.S. Supreme Court has laid out regarding reliance on profiles except ______.

probable cause

Which of the following authority to consent examples is accurate?

A parent may consent to the search of those areas under the control of a juvenile, such as a bedroom.

All of the following are used to determine whether reasonable suspicion existed to justify a Terry stop except ______.

probable cause

Rule 41(2)(A)(ii) of the Federal Rules of Criminal Procedure requires that all searches must be carried out within ______.

10 days

Although not backed by U.S. Supreme Court rule and not to be considered a bright line rule, the Model Penal Code of Pre-Arraignment Procedure places a ______ time limit on Terry stops.

20-min

What level of proof is required for law enforcement officers to make an arrest?

probable cause

What standard of proof is required for police to search an automobile using the automobile exception?

probable cause

All of the following individuals can issue warrants except ______.

prosecutor

When determining what is the level of proof necessary for some action (e.g., probable cause, reasonable suspicion), which of the following are the two opposing factors that must be balanced against one another?

an officer's ability to prevent crime and the intrusion on citizen privacy

Which of the following statements is true?

Absent consent or exigent circumstances, arrests in the home require a warrant.

Which of the following cases raised the question of whether police officers can rely on anonymous tips?

Alabama v. White

Which of the following statements regarding consent searches is true?

An individual who receives a warning is less likely to have been coerced into a waiver

Which of the following statements regarding arrest is true?

An investigative stop may last only as long as required to complete the investigation, while an arrest may result in detention for several hours or several days or, in some cases, even longer.

Which of the following searches incident to arrest is most likely to be ruled unconstitutional?

An officer arrests a suspect who was driving his car and searches the trunk of the car.

What must a police officer do to obtain a warrant?

Appear before a neutral and detached judge or magistrate.

Which of the court cases significantly modified the bright-line rule?

Arizona v. Gant

When facts reasonably suggest that an individual has committed a crime or is about to commit a crime is it referred to as ______.

articulable suspicion

In Coolidge v. New Hampshire, the Supreme Court held that a warrant issued by the ______ of New Hampshire was invalid.

attorney general

In which of the following Supreme Court cases did the court stress that an arrest could not be justified based on scant evidence.

Beck v. Ohio

In which of the following cases did the Supreme Court establish the automobile exception?

California v. Carney

In which of the following cases did the Supreme Court define the scope of a search incident to an arrest?

Chimel v. California

Which of the following court cases highlighted the lack of consent?

Commonwealth v. McGrath

The U.S. Supreme Court has held what in regard to the search of a suspect's crotch area?

Consent to search a person includes any outer area but not the body cavities.

Which of the following court cases ruled that police may enter a dwelling without a warrant to prevent the destruction of evidence or in hot pursuit of a fleeing suspect or in response to a threat to the public safety?

Cupp v. Murphy

Reliance on stop and frisk policies increased in the 1960s due to all of the following except ______.

Increasing immigration

What is a hearsay report?

Information that is obtained in a secondhand fashion as opposed to through direct observation

The knock-and-announce rule has roots in ______ law.

English

The Supreme Court decisions in ______ established the bright-line rule.

Gant and Belton

A hearing to determine whether an officer had probable cause when he or she engaged in a warrantless arrest is known as a ______.

Gerstein hearing

______ is defined as information that is derived not from the personal knowledge of the witness but from the repetition of what he or she has heard others say.

Hearsay

Which actor in the criminal justice system is required to prove voluntariness of consent?

prosecutor

A tip that is thought to lack the indicia of reliability may be strengthened by all of the following except ______.

providing inconsistent information

According to the U.S. Supreme Court, when may an officer make a warrantless arrest for a misdemeanor?

If the officer actually perceived the act.

Which of the following cases raised the issue of whether "unprovoked flight" from the police constitutes reasonable suspicion to seize an individual?

Illinois v. Wardlow

What is the primary reason behind the U.S. Supreme Court holding that the identity of an informant need not be disclosed at trial?

It may discourage informants in the future.

In order to seize narcotics during a frisk, what test must be employed?

It must be immediately apparent that the item is a narcotic.

In which of the following court cases did the court reason that the question of whether there is probable cause to justify a search is best answered by a "neutral and detached magistrate?"

Johnson v. United States

In which of the following cases did the court indicate that the crucial question in determining whether there are exigent circumstances is whether the police have probable cause to believe that they must act immediately and that they do not have time to secure a warrant?

Ker v. California

In which of the following court cases did the U.S. Supreme Court uphold the reasonableness of anticipatory search warrants?

Maryland v. Harrison

Which of the following U.S. Supreme Court cases held that an officer may require a passenger to leave a car?

Maryland v. Wilson

In which of the following cases did the U.S. Supreme Court approved of the warrantless entry to fight a fire?

Michigan v. Tyler

In which of the following cases did the Supreme Court hold that the totality of the circumstances and the indicia of reliability were sufficient to provide the officer with reasonable suspicion to execute a traffic stop?

Navarette v. California

An officer stops a young man on the street legally and subjects him to a frisk. The officer is extremely thorough in the frisk. He even asks the young man to empty his wallet. Is the extent of this frisk permissible?

No, because the scope must be limited to the discovery of guns, knives, and other weapons.

A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search?

No, consent must be unequivocal and specific.

Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building?

Officers must knock and announce once. The wait time depends on the situation at hand.

Which of the following court cases ruled that so long as the police remain outside the dwelling when executing the arrest of an individual who is inside the home, the arrest occurs in public, and an arrest warrant is not required?

Payton v. New York

______ illustrated how visually observable factors can combine to constitute probable cause.

Peters v. United States

______ require(s) that a police officer objectively conclude, based on reasonably reliable facts, that a crime has been committed and that the person being arrested has committed the crime.

Probable cause

Which of the following court cases held that law enforcement officers in seizing and questioning Reid improperly relied on a drug courier profile?

Reid v. Georgia

In which of the following cases did the court conclude that police officers are never required to knock and announce their presence when executing a search warrant in a felony drug investigation?

Richards v. Wisconsin

Which of the following U.S. Supreme Court cases held that an individual may not be stopped based on the fact that he or she "does not belong in a neighborhood?"

State v. Barber

Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence?

The amount of time varies with the circumstances.

Warrants authorizing the interception of any wire, oral, or electronic communication must include all of the following except ______.

race of the applicant

In the United States v. Jones, the U.S. Supreme Court determined that ______.

race should not be the only reason for an individual to be stopped

Stopping individuals because of their race, ethnicity, gender, or other characteristics is referred to as ______.

racial profiling

Which of the following is an example of a contemporaneous account?

The informant claimed to have witnessed and experienced being run off the road by the other driver.

The standard for investigate stops is ______.

reasonable suspicion

Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

The prosecution must prove voluntariness by a preponderance of the evidence.

In which of the following circumstances do courts apply a collective knowledge theory?

When officers work together as a team on an investigation.

Which of the following best describes probable cause as it relates to the Fourth Amendment arrest requirements?

There exists a "fair probability" that the suspect committed the crime.

Why is Atwater v. Lago Vista significant?

This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses.

Which of following U.S. Supreme Court cases noted that race or color alone is not a sufficient basis for making an investigatory stop?

United States v. Bautista

Which of the following court causes is viewed as a significant exception to the contemporaneous requirement?

United States v. Edwards

In which of the following cases did the Court hold that Kentucky police were justified in stopping an individual based on a "wanted bulletin" issued by police in another state so long as the officers issuing the bulletin themselves possessed facts supporting a Terry stop?

United States v. Hensley

Which of the following court cases ruled that an arrest that is made in the hallway outside the defendant's apartment does not require a warrant?

United States v. Holland

Which of the following cases illustrated how the police rely on various senses?

United States v. Humphries

In which of the following court cases did the court rule that an arrest warrant is required to apprehend an individual in a hotel or motel room that he or she has rented?

United States v. Morales

Which of the following cases presented the issue of the constitutionality of relying on race in making a reasonable suspicion stop?

United States v. Weaver

When determining the new test in Illinois v. Gates, the U.S. Supreme Court stated that the components of the Aguilar-Spinelli test should be considered ______.

relevant considerations

According to the text, informant privilege does not protect an informant from testifying in cases in which the defendant is charged with ______.

selling narcotics to the informant

Is it possible for an arrest to occur without an officer specifically stating to an individual that he is under arrest?

Yes, a de facto arrest may occur based on the totality of the circumstances and a reasonable person standard.

An officer stops an individual for the purposes of a Terry stop; he has reasonable suspicion to do so. During the frisk, he finds a small handgun, for which the person has a valid license to own and permit to carry. He also finds a small baggie of cocaine. Can he seize the cocaine and use it as evidence at trial?

Yes, according to the "plain feel" rule it is admissible.

All of the following are critical considerations of the test established by the U.S. Supreme Court to determine the veracity of the information provided by an informant except ______.

severity of the crime being reported

All of the following are common challenges to the legality of an arrest except ______.

a knowingly false statement was made in the affidavit

To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?

a result of expressed coercion

Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car?

a search of a gym bag sitting on the back seat

All of the following are required for a person to be placed under arrest except ______.

a statement that the individual is under arrest

In which of the following scenarios voluntary consent to submit to a search will most likely be found except ______.

a suspect is taken into custody and then consents to a search of his vehicle

A sworn statement that is submitted by officers to the justice of the peace is referred to as a ______.

affidavit

Which of the following is one of the secondary characteristics of Markonni's drug profile?

almost exclusively using public transportation, particularly taxicabs, in departing from the airport

All of the following are considered a direct observation except ______.

an officer hears a victim give a statement

All of the following statements regarding the Terry standard and reasonableness are true except ______.

an officer who lacks fear that a suspect is armed may conduct a frisk so long as he believes that frisk is required

All of the following factors were identified in the Terry standard except ______.

bias

All of the following are constitutional requirements for issuing a warrant under the Fourth Amendment except ______.

biased officials

The Minnesota v. Dickerson case extended the scope of the Terry stop to include ______.

illegal narcotics

All of the following are forms (or classification) of an arrest except ______.

informal arrest

Arrests with a warrant are preferable to warrantless arrests because magistrates are thought to be more ______ than an officer in the heat of the moment.

informed and deliberate

All of the following are observations an officer may rely on when making a probable cause determination except ______.

intuition

All of the following are situations listed in the Wilson v. Arkansas court case where the knock-and-announce rule is not required except ______.

it is reasonably expected the suspect will attempt to flee

All of the following are explanations typically offered for the knock-and-announce rule except ______.

police are burdened by the requirement to announce their presence before entering the dwelling of another

Carrying out an arrest in a reasonable fashion involves all of the following except ______.

police officer intuition

The procedural rule requiring officers to make their presence known before entering a home is known as the ______ rule.

knock-and-announce

An arrest warrant is typically issued by a ______.

magistrate

The reasonableness clause is a component of the ______ Amendment.

magistrate or judge

All of the following are standard justifications for allowing a warrantless search incident to arrest except ______.

maintain the safety of the suspect

All of the following are explanations frequently cited as justification for the knock-and-announce rule except ______.

minimization of neighborhood fear of police

What are the three areas of inquiry one must consider in differentiating between a probable cause arrest and a reasonable suspicion stop?

movement, length of detention, and intrusiveness

If an individual grants consent to search his or her home then later withdraws it, the officers ______.

must stop immediately

A warrant must specify with "particularity" the ______.

name of the person to be arrested

In addition to weapons, what other type of item can be seized during a frisk?

narcotics

When may race act as the sole factor for a Terry stop?

never

The U.S. Supreme Court has held that "______" is the standard for measuring the scope of consent to a search.

objective reasonableness

The reasonableness of police use of nondeadly force is determined using the ______ standard, examining the totality of the circumstances.

objectively reasonable

All of the following are considered a source of secondhand information except ______.

officer observations

All of the following are true regarding inventory searches except ______.

officers are required to have reasonable suspicion to inventory the contents of a container

All of the following are reasons the U.S. Supreme Court adopted the bright-line rule in regard to a search incident to arrest except ______.

officers should not be forced to judge reasonableness in that manner

Rule 41 of the Federal Rules of Criminal Procedure authorizes ______.

officers to phone or radio in a warrant request

Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs?

on the suspected person and in the bag in the trunk

How far can a suspect be involuntarily moved during a Terry stop before it becomes an arrest?

only a few feet

The requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the ______ requirement.

particularity

The U.S. Supreme Court justified the use of a stop and frisk by stating that requiring an officer to wait until he or she developed probable cause would ______.

place society at risk of harm

The particularity requirement must identify which of the following?

place to be searched

An affidavit is a sworn statement, whereas an affiant is the ______.

police officer who swears to the facts and circumstances of the affidavit