CJST Chapters. 1-6
Categorical suspicion:
Can be one of the factors in the entire picture of reasonable suspicion.
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
According to the SCOTUS opinion in Illinois v. Wardlow (2000), a person's mere presence in a high crime area can supply the objective basis needed for a stop.
False
An officer conducting a protective pat-down search can never seize any items other than weapons.
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
In determining probable cause, police officers must rely solely on direct information.
False
Information received from anonymous informants is always considered equal in quality to that received from known informants, in providing reasonable suspicion for a stop.
False
A concurring opinion is one that disagrees with the majority decision.
False
The fundamental fairness doctrine and the total incorporation doctrine are essentially the same.
False
Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:
Federal Rules of Criminal Procedure.
According to SCOTUS in Michigan v. Sitz (1990), involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint:
Is a stop to which the Fourth Amendment applies.
Six members of what terrorist organization attacked entertainment sites in Paris on November 13, 2015?
Islamic State of Iraq
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.
In what landmark case did SCOTUS rule that a knock and talk violated the Fourth Amendment?
Johnson v. U.S. (1948)
Marbury v. Madison (1803) established what principle?
Judicial Review
The power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject is called:
Jurisdiction
Which of the following is considered a type of hearsay information?
Statements by fellow officers
If police officers have probable cause to search and they reasonably believe that evidence is in imminent danger of destruction, they can search without a warrant.
True
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
Autonomy refers to individuals' freedom to control their own lives without government interference.
True
One of the issues addressed by Powell v. Alabama (1932) is due process.
True
Routine detentions at international borders don't require reasonable suspicion to back up lengthy detentions or frisks.
True
SCOTUS has created bright-line rules that expand police powers during traffic stops, in order to balance the increased need of officer safety against individual Fourth Amendment rights.
True
SCOTUS has no authority to interpret a state constitution, as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.
True
Some state constitutions provide rights not mentioned in the U.S. Constitution.
True
The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.
True
The doctrine of stare decisis commands judges to follow precedents.
True
The ideal of accuracy in criminal procedure is perhaps best stated as avoiding two "errors of justice" in determining innocence and guilt.
True
In what case did SCOTUS decide that attaching a GPS receiver and monitoring a Jeep Grand Cherokee was a Fourth Amendment search?
U.S. v. Jones (2012)
In what case did SCOTUS rule that, in some circumstances, there is no right to privacy in bank records?
U.S. v. Miller (1976)
There are two parts to the Fourth Amendment: the reasonableness clause and the:
Warrant Clause
What is the first question in the three main steps in Fourth Amendment analyses?
Was the law enforcement action a "search" or a "seizure"?
If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was immediately recognizable by touch as in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?
Yes, the officer can seize the item.
Equal protection claims based on selective prosecution are difficult to prove, because claimants have to prove that the prosecutor had a discriminatory purpose and that the prosecution had:
a discriminatory effect.
Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?
a hearing of the facts before sentencing
According to the SCOTUS opinion in U.S. v. White (1971), involving a friend wired for sound for the police:
a person contemplating illegal activities must realize and risk that a friend might be reporting to the police.
According to the _______________, SCOTUS's interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures.
principle of judicial review
According to the SCOTUS opinion in Terry v. Ohio (1968), involving the stop and frisk of a citizen on the street to investigate a robbery:
whenever a police officer accosts an individual and restrains his or her freedom to walk away, he has "seized" that person.
According to the waiver test of consent:
A consent search is valid only if the person consenting voluntarily and knowingly waives the Fourth Amendment rights.
In City of Indianapolis v. Edmond (2000), the Court held that drug interdiction checkpoints:
Did violate the Fourth Amendment, because they were indistinguishable from general crime control interests.
In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not been arrested, SCOTUS held that:
Police could not automatically do a search incident to arrest when only a citation is involved.
According to SCOTUS's opinion in U.S. v. Montoya de Hernandez (1985), involving the detention of a traveler at the border, the standard of evidence necessary to detain a traveler at the border, beyond the scope of a routine custom search and inspection, is:
Reasonable suspicion
In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. SCOTUS's ruling with respect to the legality of the search of the defendant is important, because it held that:
a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons or evidence on the arrestee's person.
General warrants, or writs of assistance, as they were known in Britain and in the American colonies:
gave the person with the writ authority to enter any house for the entire life of the monarch.
Until 1967, SCOTUS defined searches mainly according to property law. According to the _______________, to qualify as a search, officers had to physically invade a "constitutionally protected area."
trespass doctrine
New York v. Belton (1981) extended the Chimel rule to:
Interior vehicle searches, if the individual arrested is outside the car.
If an appellate court upholds the decision of a lower court, then the decision has been:
Affirmed
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, non-dangerous suspect by shooting the suspect dead.
Which of the following circumstances provides the most support for an automatic frisk?
Armed robbery
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)
The two landmark cases that began the federal government's gradual entry into state criminal justice were Powell v. Alabama (1932) and:
Brown v. Mississippi (1936).
The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a _______________ warrant.
General
The "presumption of regularity" posits that:
Government actions are presumed lawful unless there is clear evidence to the contrary.
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 Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of which of the following from a home was a Fourth Amendment search?
Heat
What is the third question in the three main steps in Fourth Amendment analyses?
If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?
What case resulted in the rule that a person's right to privacy outweighs their location?
Katz v. U.S.
The first question to ask in a Fourth Amendment case is whether the:
Officer action was a stop and frisk.
As per Maryland v. Wilson (1997), police officers who have effected a traffic stop can choose to remove _______________ from the stopped vehicle to maximize personal safety.
Passengers
Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?
Precedents
The U.S. Constitution requires police officers to have an objective basis to back up unwanted interferences with individuals' rights to liberty and privacy. What objective basis is required for an arrest?
Probable cause
SCOTUS has the power to manage how the lower federal courts conduct their business. This is called the Court's:
Supervisory power
In what decade did SCOTUS replace the trespass doctrine with the reasonable expectation of privacy doctrine?
The 1960's
Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"?
The Fifth Amendment
In Graham v. Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, SCOTUS held that claims of excessive force in the course of making an arrest are to be analyzed under:
The Fourth Amendment's "objective reasonableness" standard.
In the 1960s, SCOTUS shifted away from the conventional approach to what new approach?
The reasonableness Fourth Amendment approach
Immediately after an arrest, police officers may use force for which of the following?
To subdue unruly suspects, prevent escape, and protect suspects
In developing probable cause, officers rely on their _______________ to make decisions regarding arrests without warrants.
Training and Experience
A suspect's race alone cannot constitute reasonable suspicion for police action.
True
Adams v. Williams (1972) upheld a stop and frisk on informant information that Adams was armed with a handgun in his waistband.
True
Although it is the highest court in the land, SCOTUS depends on local courts and the police to apply its decisions to daily situations.
True
Arrests have to satisfy the reasonableness requirement of the Fourth Amendment.
True
The cases of Powell v. Alabama (1932) and Brown v. Mississippi (1936) established what came to be known as:
a. the fundamental fairness doctrine.
There are two main petitions a defendant can use to ask a higher court to review a decision made by a lower court: habeas corpus and:
certiorari
What is needed to establish that government action is a search?
subjective and objective privacy
Social science research attempts to assess the effectiveness of crime control practices and their effect on individual liberty and privacy, and:
the accuracy with which the criminal justice system sorts the guilty from the innocent.
The privacy doctrine is an example of balancing the government's power to control crime and:
the individual's right to be let alone by the government
According to SCOTUS in Smith v. Maryland (1979), a person does not have a reasonable expectation of privacy in:
the telephone numbers that the person dials.
In California v. Greenwood (1988), SCOTUS held that:
there is no reasonable expectation of privacy for the trash people place outside (in bags or cans) for pick-up on the front curbs of their homes.