Criminal Procedures Tests (Chapters 4-6)

(Ch 6)The duration of a stop is an issue that has been addressed by the Supreme Court a number of times. The Supreme Court has condoned stops lasting as long as:

9 hours 1 hour 16 hours 15 minutes

(Ch 6)Which standard of justification is necessary for stop and frisk activities?

Administrative justification Proof beyond a reasonable doubt Reasonable suspicion Probable cause

(Ch 6)Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

Any of the choices provided are permissible. A pat-down of the suspect's torso. A pat-down of the suspect's outer clothing A visual examination of the suspect

(Ch 5)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. Automobiles are subject to state regulations and licensing requirements. Automobiles are subject to other strict regulations. Automobiles travel on public roads.

(Ch 5)"Evanescent evidence" refers to evidence that is likely to:

Be transferred to another location Be hidden Disappear All are correct

(Ch 5)For purposes of the warrantless exception for automobile searches, the term "automobile" includes which of the following?

Cars Plane Boats All are correct

(Ch 6)What type of test has the Supreme Court relied upon in United States v. Mendenhall in order to distinguish stops from nonstops?

Case by case adjudication test An objective test A subjective test Bright line test

(Ch 5)Which of the following warrantless searches and seizures is a permissible exception to the warrant requirement of the 4th Amendment:

Certain automobile searches Searches incident to arrest Searches based on the plain view doctrine All are correct

(Ch 4)Which one of the following is NOT a factor used to distinguish between an arrest and a stop?

Duration Manner Purpose Location

(Ch 4)According to the Supreme Court in Michigan v. Summers, why may police lawfully detain a person without probable cause during the service of a search warrant?

During the time that a search warrant is executed in the person's house To bring him to the police station for questioning after being read Miranda warnings To bring him to the police station one time to take fingerprints To bring him to the police station for questioning

(Ch 5)Emergency situations allowing for searches without a warrant are referred to as:

Emergency circumstances Immediate circumstances Dangerous circumstances Exigent circumstances

(Ch 6)In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have:

Expanded stops and frisks Consistently maintained the original holding in Terry v. Ohio Overruled Terry v. Ohio Restricted stops and frisks.

(Ch 6)Which of the following is NOT considered a restriction on frisks?

For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband. Frisks must not be conducted unless probable cause has been established. Frisks are nothing more than pat-downs of outer clothing. Frisks must be motivated by a desire to preserve officer safety.

(Ch 6)Reasonable suspicion is a standard of justification:

Found in the Constitution Created by the founding fathers Found in state statues Created by the Supreme Court

(Ch 5)Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?

Getting a warrant would be inconvenient and costly There is a "clear indication" that the search will result in obtaining the evidence sought The search is conducted in a "reasonable manner" There is no time to obtain a warrant

(Ch 5)The Supreme Court in Carroll v. United States carved out a(n) ___________ exception to the Fourth Amendment's warrant requirement.

Hot pursuit Automobile Plain view None are correct

(Ch 5)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 "Evanescent" evidence Likelihood of escape Hot pursuit

(Ch 6) _____________ are detentions less intrusive than arrest but more intrusive than a Terry stop.

Investigative detentions Frisks Warrantless arrests Nonstops

(Ch 4)In the case of _______________ the Supreme Court dealt with the issue of whether the police can bring members of the media along during the service of an arrest warrant.

Michigan v. Summers Steagald v. United States Wilson v. Layne Payton v. New York

(Ch 4)The case that established the leading Supreme Court precedent concerning the use of deadly force to apprehend fleeing felons is:

Miller v. United States Graham v. Connor Tennessee v. Garner Sabbath v. United States

(Ch 5)Concerning the scope of a search incident to arrest, a police officer may search:

Only the arrestee The arrestee and all of his personal effects The area within the immediate control of the arrestee All are correct

(Ch 5)The "armspan" rule applies to what type of search:

Plain view Incident to arrest Automobile Hot pursuit

(Ch 6)A valid frisk can evolve into a search if what type of justification develops along the way?

Probable cause Proof beyond a reasonable doubt Reasonable suspicion Clear and convincing

(Ch 5)Which of the following is a requirement for a valid search incident to arrest?

Probable cause must be in place in advance of the arrest. The search should take place soon after the arrest The arrest must be lawful All are correct

(Ch 5)Which of the following is NOT an exception to the Fourth Amendment's warrant requirement?

Reasonable suspicion search Plain view Search incident to arrest Vehicle search

(Ch 4)In what case did the Supreme Court rule that a search warrant was necessary before police could cause remove a bullet to be surgically removed from a suspect.

Rochin v. California Winston v. Lee United States v. Crowder Terry v. Ohio

(Ch 4)In which case did the Supreme Court first hold that police officers cannot make warrantless, non-consensual entries into private homes for the purpose of making arrests?

Steagald v. United States Payton v. New York Michigan v. Summers Terry v. Ohio

(Ch 6)The US Supreme Court case of Terry v. Ohio dealt with:

Stop and frisks Searches Investigative detentions Arrests

(Ch 6)Which of the following can be said about stop and frisk?

Stops do not automatically give rise to frisks Stops always precede frisks Stops and frisks are separate acts All are correct

(Ch 6)In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with "articulable and reasonable suspicion?"

Terry v. Ohio Maryland v. Buie Pennsylvania v. Mimms Delaware v. Prouse

(Ch 5)A plain view seizure is authorized when:

The items are immediately apparent as subject to seizure The police are lawfully in the area where the evidence is located. Both Neither

(Ch 6)Which of the following is NOT a factor the Supreme Court has considered in determining the appropriate duration of a stop?

The nature and scope of the intrusion The public interest served by the seizure The objective facts upon which the law enforcement officer relied The physical location of the stop

(Ch 4)Which of the following is a common time constraint with regard to the service of search warrants?

The police must obtain another warrant if they want to search again after they have left. The service of the warrant should take place promptly after its issuance. The search cannot last indefinitely. All are correct

(Ch 4)Which of the following statutes has restricted or continues to restrict electronic surveillance?

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 Electronic Communications Privacy Act Patriot Act All are correct

(Ch 4)A warrant that permits interception of electronic communications is known as a ___________ warrant.

Title IX Section 242 Title III Section 1983

(Ch 6)In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is "armed" and "dangerous" before a frisk can be conducted?

United States v. Mendenhall Terry v. Ohio Payton v. New York Adams v. Williams

(Ch 4)When may the police use deadly force while serving an arrest warrant?

When the suspect attempts to flee and will likely inflict harm on other people or police officers When the suspect resists arrest and is verbally abusive to the arresting officers With any felony warrant in which the magistrate has authorized deadly force When the suspect attempts to flee after being ordered to stop

(Ch 6)A factor that may elevate a nonstop to a stop is:

Whether the suspect attempted to leave Display of a weapon Number of officers present All are correct

(Ch 5)The plain view doctrine first emerged from the Supreme Court's decision in:

Yick Wo v. Hopkins Coolidge v. New Hampshire Whren v. United States State v. Carty

(Ch 4)The phrase "neutral and detached" means that the judge should not:

accompany the police when they serve the warrant. have a financial interest in the case serve a prosecuting function All are correct

(Ch 4)Media presence during the service of search warrants is:

always violates the right to privacy. acceptable if a legitimate law enforcement objective is served. Uniformly prohibited by statute Required if a legitimate law enforcement objectives served

(Ch 4)Warrants must be issued by:

an employee of the executive branch of government a neutral and detached magistrate any magistrate prosecutors

(Ch 4)With regard to the scope of a search warrant, police can look:

anywhere the item sought could reasonably be found. Only in unlocked areas Anywhere evidence can be found In all locked areas

(Ch 5)In order for a search incident to arrest to be justified the arrest must be ______________.

excessive reasonable contemporaneous lawful

(Ch 4)A search warrant must be supported by probable cause that the:

items to be seized are in the location to be surveilled. suspect will be found at a particular location. person to be arrested committed the crime. items to be seized are connected with criminal activity.

(Ch 4)The execution of search warrants is subject to ___________ constraints.

manner scope time all are correct

(Ch 4)Which of the following are activities governed by the Fourth Amendment?

searches with warrants arrests without warrants arrests with warrants all are correct

(Ch 6)The Supreme Court has only addressed stationhouse detentions involving the following:

taking of mugshots fingerprinting searches incident to arrests All are correct

(Ch 6)Frisks must be directed at discovering:

weapons Criminal evidence drugs contraband