CRJS 302 EXAM 2

Which of the following statements identifies the nature of a frisk?

A frisk is little more than an open-handed pat down of someone's outer clothing.

Which of the following statements identifies a proper stop-and-frisk process?

A stop does not give a police officer permission to conduct a frisk.

Officer Mitchell heard gunshots coming from a house in the neighborhood that he was patrolling. He entered the premise and arrested the shooter without a warrant. With reference to this scenario, which of the following justifies the warrantless arrest?

Exigent circumstances

Which of the following is a reason why the use of a canine team to detect drugs in school lockers is permissible?

Lockers and cars are inanimate objects located in a public place.

The local court in Paul's hometown issued a search warrant for the murder weapon used to kill Kate. While searching Paul's residence, the police break down a few locked cabinets. Which of the following restrictions related to search warrants deals with this destruction of property?

Manner of the search (Manner refers to the physical steps the police can take to find the evidence in question, including breaking down doors, forcibly opening locked cabinets, and so on.)

Which of the following statements is true of the hot pursuit exception to the warrant requirement?

Officers are permitted to enter a building without a warrant if they have reasonable suspicion that a suspect is inside the building.

When is a protective sweep of a home permitted under the Terry rationale?

Police lawfully make an arrest in a person's residence.

Kate was released from prison and was expected to follow the rules of her parole. A parole officer supervised Kate to ensure that she abided by the rules of the parole. The parole officer's action can be classified as ________.

administrative justification

With regard to the scope of a search warrant, police can look:

anywhere the item sought could reasonably be found.

A frisk is considered unconstitutional when _______.

the person is in an area known for drug dealing

With reference to the warrantless, suspicionless drug testing of employees, the courts have not addressed ________.

the question of private business policy

The execution of search warrants is subject to ________ constraints.

time scope manner

Frisks must be directed at discovering ________.

weapons

Which of the following statements is true of checkpoints?

Checkpoints must possess an element of randomness or total predictability.

Identify the scenario in which a frisk would be most appropriate.

An officer spots a man angrily shoving a crying five-year-old inside a van. The officer stops the man who immediately reaches for his pocket. The officer frisks the man and finds a loaded revolver.

Which of the following is a reason why obtaining a warrant for an automobile search is considered impractical?

Automobiles are mobile in nature.

In which of the following scenarios would a warrantless arrest be considered lawful?

Blake is detained at the police station so a polygraph examination can be administered.

Which of the following scenarios represents a violation of a hospital patient's Fourth Amendment rights?

Hospital staff performing a drug test for heroin without patient consent and providing the test results to the police so the person can be charged with drug-related crimes.

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

Inconvenience to obtain a warrant

Which of the following must be balanced in order to justify inspections without warrants or probable cause?

Invasion versus need

________ is required to conduct an intrusive disciplinary search of a student.

More than reasonable suspicion

________ is a special need of the State permitting a degree of impingement upon privacy that is not constitutional if applied to the public at large.

Probation supervision

Which of the following is a type of warrantless search or seizure?

Search incident to arrest

Which of the following is a requirement for a valid search incident to arrest?

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

Which of the following statements is true of the scope of a consent search?

The person giving consent defines the scope of the search

Which of the following statements is true of the searches conducted on employees of private organizations?

They are not bound by the strictures of the Fourth Amendment.

Which of the following statements is true of welfare inspections?

They can be conducted without a warrant or probable cause.

How is a stop distinguished from a non-stop?

Using an objective test

Which of the following is a characteristic of a drug courier according to the U.S. courts?

Using small denomination currency to purchase airline tickets

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 conducting searches of a government employee's office, the search should ________.

be a noninvestigatory work-related intrusion

In O'Connor v. Ortega, the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting __________.

evidence of work-related misfeasance

David is a probation officer and he has teamed up with the local police department to monitor the activities of a juvenile gang member who was recently placed on probation. This strategy is called a (n) ________.

police/probation partnership

Which of the following scenarios depicts a sobriety checkpoint that is likely to be ruled as unconstitutional?

A checkpoint in which the officers are given discretion to decide whom to stop

Which of the following is an improper frisk?

A man is sitting in a car waiting to pick up a friend. An officer orders him out of the car and frisks him.

When can police officers stop and detain motorists in their vehicles?

A motorist is speeding, intoxicated, and smells of marijuana

Adam is a narcotics agent who observes passengers at an airport to spot drug couriers. He looks for specific characteristics of drug couriers as defined by the U.S. courts. Which of the following passengers is Adam most likely to stop?

A passenger who spends less than 8 hours in the U.S. after a 14-hour flight and catches another flight.

In which of the following scenarios can a search be conducted without a warrant?

A passerby is making threats to injure a bystander

Which of the following statements is true of a person on probation?

A person on probation enjoys a lesser expectation of privacy than the typical citizen.

In which of the following scenarios would a warrantless arrest be considered lawful?

A police officer arresting Tanya after spotting her shoplifting and attempting to escape.

Which of the following is true regarding the permissibility and scope of a frisk?

A police officer can frisk a person if there is reasonable fear for his or her safety.

Which of the following police activities is best considered a non-stop?

A police officer dismisses a person after a short inquiry.

Identify the scenario that describes a valid stop and frisk as described by the Supreme Court in Terry v. Ohio.

A police officer frisks a man after noticing that he was getting nervous and reaching for his trouser pocket when asked about his intended location.

Which of the following actions is most likely in compliance with the Supreme Court's Terry v. Ohio decision?

A police officer notices two young men following a woman discreetly. He approaches them and identifies himself as a police officer. After a short conversation, the two men scatter in opposite directions. The officer chases down one of the men and detains him.

Which of the following scenarios illustrates an exception to the warrant requirement due to the search for evanescent evidence?

A police officer performing a breathalyzer test on a person suspected of drunk driving.

Identify an exigent circumstance where it is NOT necessary for the police officer to identify himself or herself to the suspect.

A police officer seizes a gun from a suspect in mid-commission of a crime.

Which of the following scenarios illustrates a lawful vantage point for purposes of the plain-view doctrine?

A police officer seizing an illegal weapon from a cupboard when he had a warrant and was searching for a set of clothes in a suspect's house.

With reference to bodily intrusions, which of the following scenarios would represent a violation of the Fourth Amendment?

A police officer taking a blood sample from a suspected criminal without consent and without a warrant

Robert was arrested on charges of drug trafficking. The police have probable cause to believe that he swallowed a balloon containing cocaine dissolved in a liquid. As such packages are likely to get stuck in the intestine, they want to perform a surgery to obtain the evidence. Which of the following would be necessary after obtaining a warrant to carry out the procedure?

An adversarial hearing with appellate review ( The D.C. Circuit Court of Appeals decided that before surgery would be permissible (even if a warrant were obtained), an adversarial hearing with appellate review must occur.)

Which of the following statements is true of an unconstitutional arrest?

An unconstitutional arrest could lead to exclusion of evidence seized as a consequence of the arrest. (An unconstitutional arrest has little significance by itself in criminal procedure. The reason for this is that the remedy for an illegal arrest is simply a release from custody. The "fruit of the poisonous tree" doctrine can be used to exclude evidence that was obtained as a consequence of the arrest.)

Police officers arrived at the residence of Martin, a suspect in a case of an armed robbery, when he was not in his apartment. They asked his wife, who was present at the apartment, if they could search the premises and she agreed. Which of the following allows the police to perform a warrantless search of this nature?

Apparent authority

Which of the following is 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?

Arrest warrant

St. James High School has begun to perform random drug tests on its athletes. Which of the following justifications of the Supreme Court permits this drug test?

Athletes enjoy a lesser expectation of privacy.

Which of the following statements explains the rationale behind the automobile exception to warrantless searches?

Automobiles operate on public spaces

In which of the following scenarios can an officer justify a warrantless arrest due to an exigent circumstance?

Calvin, a suspect in a murder case, is chased into his house by the police.

A liquor store and a firearm dealership are examples of which of the following?

Closely regulated businesses

________ refers to the mutual use of property by persons generally having joint access or control for most purposes.

Common authority

When does the plain-feel doctrine apply?

Contraband is immediately apparent as subject to seizure.

A police officer saw a woman who looked like a junky driving in the neighborhood he was patrolling. He stopped the car and asked her to step out. He then searched the car and frisked her, but did not find anything. The stop lasted for about 30 minutes. Which of the following terms describes a stop of this nature?

De facto arrest

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

Evidence is not a factor that is used to distinguish between an arrest and a stop.

Officer Jackson stopped a car on the freeway as the driver appeared to have fallen asleep while driving. As he approached the vehicle, he saw what appeared to be the butt of a rifle being pushed under the seat by the driver. He asked the driver to step out of the car while he searched the vehicle and found a wooden log under the passenger seat. Which of the following would justify the police officer's actions?

Fear for safety

Craig was pulled over by a police officer and out of fear for his safety the officer searched the passenger compartment of Craig's car. The officer asked if he could check the trunk of the car, and Craig refused. Which of the following statements explains why the officer lacks the justification to search the car's trunk?

Fear for safety does not authorize a search of the entire vehicle.

The Supreme Court has examined the constitutionality of drug and alcohol testing programs for which of the following?

Federal employees Students Hospital patients

A federal court that entertains applications by the federal government for permission to engage in electronic surveillance, physical search, and other types of intelligence gathering information is _____________.

Foreign Intelligence Surveillance Court (The Foreign Intelligence Surveillance Court is a federal court that entertains applications by the federal government for permission to engage in electronic surveillance, physical search, and other types of intelligence gathering Information.)

The police have a warrant to arrest Nathan for several felonies. The warrant does not list the location where Nathan is to be arrested. They set out to arrest him, but are informed by a patrolling officer that he is currently in his neighbor's house. They go to the neighbor's house and knock on the door, but no one answers the door. In this scenario, which of the following prevents the police officers from arresting Nathan?

Having an arrest warrant does not allow authorities to enter a third-party residence.

Nadine is a government official. She often deals with citizens' Fourth Amendment rights as she conducts inspections. She must ensure that she has probable cause to apply for a warrant to conduct an inspection. Which of the following types of inspections is she most likely to conduct?

Health and safety inspections of homes

Which of the following statements is true of serving a search warrant?

If a person gets in the way during the service of a search warrant, he or she may be arrested. ( If a person gets in the way during the service of a search warrant, he or she may be arrested and force may be applied if need be.)

Gary's car was impounded and as part of the vehicle inventory, the police searched the car. During the search the police discovered a gun under the car seat and marijuana in the glove compartment. After discovering these items, the police expanded their search to the trunk and searched the vehicle more thoroughly. Which of the following is a reason for the search being permissible in this scenario?

If during the course of a valid vehicle inventory, the police discover evidence that gives rise to probable cause to search, then a more extensive search is permissible.

Which of the following statements most accurately describes an arrest warrant?

It is an order issued by a judge directing a law enforcement officer to seize an individual identified as one who has committed a specific criminal offense. (An arrest warrant is an order issued by a judge directing a law enforcement officer to seize an individual identified as one who has committed a specific criminal offense.)

Which of the following statements is true of the PATRIOT Act of 2001?

It restricts government interception of private communications (The PATRIOT Act restricts government interception of private communications.)

Which of the following statements is true of probable cause in a search warrant?

It should show that the items to be seized are connected with the criminal activity. ( The officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity.)

In which of the following scenarios would the Electronic Communications Privacy Act (ECPA) be inapplicable?

Jeff, a high-level government employee, reading the emails exchanged between his subordinates. (Unlike communications between private parties, communications among government employees and communications between private parties and the general public are not protected.)

Which of the following scenarios describes actions that will be classified as an arrest inventory?

John's personal items being searched without a warrant as he is being booked into jail lawfully.

Which of the following school disciplinary searches is most likely to be considered intrusive and unconstitutional?

Jonathan being strip searched for possession of nonprescription drugs.

Which of the following is true regarding media presence during the service of an arrest warrant?

Media presence during the service of an arrest is acceptable if a legitimate law enforcement objective is served.

Identify the scenario where the frisk in question represents a violation of the Fourth Amendment.

Outside of a pub, a police officer frisks a person he believes might have information about an altercation in the pub.

In which case did the Supreme Court first hold that police officers cannot make warrantless, nonconsensual entries into private homes for the purpose of making arrests?

Payton v. New York

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

Probable cause

Identify the minimum standard of justification that is necessary for stop and frisk activities.

Reasonable suspicion

Which of the following is defined as a lesser degree of certainty than probable cause but a greater degree of certainty than a hunch or unsupported belief?

Reasonable suspicion

Which of the following is true regarding the timing of searches incident to arrest?

Searches incident to arrest must be contemporaneous to arrest.

Which of the following statements is true of warrantless arrests?

Serious offences committed out of an officer's view permit a public, warrantless arrest

In which Supreme Court case did the Court hold warrantless vehicle inventories to be permissible?

South Dakota v. Opperman

Which of the following accurately differentiates Tennessee v. Garner and Graham v. Connor?

Tennessee v. Garner resulted in precedent concerning the use of deadly force to apprehend fleeing felons, while Graham v. Connor set the standard for nondeadly force.

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 ʺarmedʺ and ʺdangerousʺ before a frisk can be conducted?

Terry v. Ohio

Which of the following scenarios would be considered an unconstitutional checkpoint?

The Centerville Police Department setting up a suspicionless checkpoint to detect illegal drugs

Which of the following is a limitation of the Supreme Court's decision for warrantless, suspicionless drug and alcohol testing of employees?

The Court did not decide whether the tests could be used for law enforcement purposes.

After receiving a tip from an informant, the police obtained a warrant and arrested Neil at his residence on charges of selling controlled substances. During the arrest, the police also seized an unlicensed gun that was found on a table next to Neil. Which of the following permits the police to seize evidence that is not mentioned in the warrant?

The armspan rule

Which of the following allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area"?

The armspan rule (The armspan rule 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.")

Which of the following statements is true about a search that is incident to an arrest?

The arrest must result in a person being taken into custody

A fire broke out at a mall in the town of Burgundy. Once the fire had been extinguished, the police department conducted a search without a warrant. Which of the following justifies the warrantless inspection in this scenario?

The cause of the fire must be determined immediately.

According to the Supreme Court, which of the following circumstances does NOT justify the reasonableness of a stop?

The duration of detention based on a hunch

Sean and Julie are police officers who had obtained a warrant to arrest Mark and his accomplice. They arrived at his residence and served the warrant. Sean remained in the living room with Mark while Julie checked if Mark's accomplice was hiding in any of the other rooms in the house. She found narcotics on a desk in another room. This was used as evidence against Mark. Which of the following statements is true of the evidence obtained by Julie?

The evidence is permissible as it was in plain view and obtained while performing a protective sweep. (In Maryland v. Buie(1990), the Supreme Court ruled that the police may, as part of a search incident to arrest, look in areas immediately adjoining the place of arrest for other persons who might attack the officers.)

The police department in Jack's hometown has been on the lookout for the person responsible for the brutal assault of Sarah. Jack is one of the key suspects in the case and was the last person to meet Sarah before she was attacked. The police obtained an arrest warrant and arrested Jack at his residence, where he lived alone. They also seized the painting that Jack was reframing when they entered his residence as evidence. On further examination, the police discovered that the painting had belonged to Sarah. Which of the following can Jack's attorney use to have the painting excluded from evidence?

The immediately apparent requirement.

Martin is a government employee and his employers suspect his involvement in embezzling funds from a recent project. Martin's superiors plan to inspect his files to investigate his involvement. During the inspection, they did not obtain a search warrant. Which of the following criteria needs to be met for the organization to conduct a warrantless search on Martin?

The inspection should be work-related.

Officer Ray was patrolling a neighborhood when he saw Damien, a convicted member of a crime syndicate, enter his residence with what appeared to be an assault rifle. Officer Ray did not see anyone else enter the house with Damien and believed that Damien had not spotted him. He entered the house after Damien and seized the illegal weapon. Officer Ray claims that the seizure was constitutional as the weapon was in plain view. Which of the following can Damien's attorney use as a basis to have the evidence excluded?

The lawful access requirement (For the plain-view doctrine to apply, the police must have lawful access to the object to be seized. As Officer Ray had probable cause but cannot show exigent circumstances, he did not have lawful access to Damien's residence.)

Jared was driving his car back home. On the way, he was stopped at a police checkpoint. Which of the following scenarios describes a step that an officer can legally take at a checkpoint?

The officer can ask Jared questions about a crime that took place earlier.

Harry was stopped by a police officer outside a shopping mall. The officer believed that Harry's vehicle matched the description of a vehicle that the police were looking for in relation to a homicide case. He asked Harry to step out of the vehicle. As Harry got out, the officer heard a metallic noise and noticed a bulge in Harry's jacket. He believed that Harry was carrying a weapon and it had struck the door as he got out. When he frisked Harry, the bulge turned out to be a soft packet. He then reached into Harry's pockets and found a packet of cocaine. He used this as evidence against Harry. Which of the following statements explains why the evidence is likely to be declared unconstitutional in court?

The officer did not immediately suspect Harry of possessing drugs.

What does it mean to say that it must be "immediately apparent" that an object in plain view is subject to seizure?

The officer has probable cause to seize the object

________ is an exception to the Fourth Amendment's warrant requirement that permits police to seize evidence that is visible without a search warrant.

The plain-view doctrine

Which of the following scenarios best depicts a protective sweep?

The police arrest Seth in his home and look in all the rooms for his accomplice.

A warrantless search based on a hot pursuit exigency is considered constitutional if which of the following occurs?

The police have probable cause to believe the person they are chasing committed a crime. The pursuit originates at a lawful point. The underlying offense is serious.

Which of the following statements is true of the plain-view doctrine?

The police must have lawful access to the object to be seized.

A police officer stops a lady on the street to ask her if she knows anything about an armed robbery that took place at a popular jewelry store a few days earlier. When she replies that she does not, the police officer thanks her and allows her to leave. Which of the following statements purports that this was a consensual encounter and not a stop?

The police officer did not detain the lady for the purpose of investigation

When is the Fourth Amendment inapplicable?

The police officer's conduct does not amount to a stop.

John is a state attorney general. He recently heard about several cases of murder and drug trafficking in his neighborhood. Which of the following requirements of the Supreme Court restricts John from issuing search warrants against suspects in his home town?

The requirement for a neutral and detached magistrate. (Most judges are considered neutral and detached, but state attorney generals are chief prosecutors and thus inclined to side with law enforcement officers.)

Which of the following is true regarding the permissibility of warrantless searches for evanescent evidence?

The search is conducted in a reasonable manner. (Warrantless searches for evanescent evidence are permissible only when (1) there is no time to obtain a warrant, (2) there is a "clear indication" that the search will result in obtaining the evidence sought, and (3) the search is conducted in a "reasonable manner.")

Jasmine is a government employee, and her organization conducted a warrantless search of her office. After the search she finds out that she was singled out for the search. Upon questioning the superior who authorized the search, Jasmine was informed that they did not have any evidence that she had violated any rules. Jasmine filed a lawsuit against the organization claiming that the search violated her Fourth Amendment rights. Which of the following justifies the lawsuit filed by Jasmine?

The search was not a noninvestigatory work-related intrusion.

The police department in Robin's hometown obtained a search warrant from the local court after suspecting his involvement in a murder case. Which of the following is a reason for the police to carry out the search immediately?

The service of a search warrant should take place promptly after its issuance. Probable cause could dissipate if an excessive amount of time elapses between the time the warrant is issued and the time it is served.

Which of the following is common regarding the time constraints of a search warrants?

The service of the warrant should take place promptly after its issuance. The warrant may need to be served during daytime hours. The search cannot last indefinitely.

A locker check was performed at St. Katherine's High School to ensure that students were not storing drugs in their lockers. Which of the following is necessary for this kind of search to be permissible?

The students need to be informed in advance that their lockers are subject to inspection at any time.

Police officers arrived at Julie's residence with a search warrant that permitted them to seize any narcotics or items related to the use of narcotics. The police officers also seized her cellphone as they realized that it could be used to tie her to the crime scene. Julie challenged the seizure of her cellphone. Which of the following provides her the basis to challenge this seizure?

The warrant only stated narcotics and items related to its use as the items to be seized. (The particularity requirement for a search warrant is twofold. First, the warrant must specify the place to be searched. Next, the warrant must specify the items to be seized.)

Which of the following statements is true of arrests made in public places?

They require probable cause.

Which of the following statements is true of vehicle inventories?

They usually occur after a car has been impounded for traffic or parking violations.

George is a suspect in an embezzlement case. The police department in his hometown tapped the phone line and placed hidden cameras in his house while he was away. Which of the following types of warrants are the police serving in this scenario?

Title III warrant (When preparing to serve a Title III warrant, authorities can covertly enter the place where the interception is to take place.)

Which Supreme Court case first permitted warrantless hot pursuit searches?

Warden v. Hayden

With reference to probable cause, which of the following scenarios would entitle a police officer to make an arrest without a warrant?

When a police officer witnesses a person assaulting another person (Under common law, if an arresting officer had probable cause to believe that a person was committing or had committed a felony, then an arrest warrant is not required. This was upheld by the Supreme Court, and the logic for this was set forth inCarroll v. United Statesin 1925.)

Particularity is concerned with which of the following?

Who is to be arrested The description of the person to be arrested The place to be searched

William was convicted of selling drugs and was placed on probation for five years. William's probation officer searches his house without a warrant as he has reasonable suspicion that William has bought marijuana. Which of the following is a reason why such searches are constitutional?

William enjoys a lesser expectation of privacy than the typical citizen.

Warrants must be issued by:

a neutral and detached magistrate. (An arrest or search warrant has three essential components. One component is that it must be issued by a neutral and detached magistrate—any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision.)

A(n) ________ is the act of taking an individual into custody for the purpose of charging the person with a criminal offense.

arrest

An individual's ________ can be considered as evanescent evidence that permits a warrantless search.

blood-alcohol level

James, a 20-year-old, was taken into custody for fleeing the scene of an accident. The officers took a sample of his blood to check his blood-alcohol level. They performed the test without a warrant and found his blood-alcohol concentration to be much higher than the permissible limit. The police can perform the test without a warrant because ________.

blood-alcohol level is considered to be evanescent evidence

________ is a brief detention that does not require probable cause or a warrant.

checkpoint

Jacob, a suspect in a drug trafficking case, was stopped by a police officer when he was seen leaving a night club. The police officer believed that he might be a member of a crime syndicate. The officer instructed Jacob to follow him to a private location where he was further questioned for 45 minutes. In this scenario, the police officer's actions are most likely to be considered a ________.

de facto arrest

The Fourth Amendment mandates that for a warrant to be issued, probable cause should be supported by ________.

oath or affirmation (Many decisions have also focused on the Fourth Amendment's requirement that warrants be supported by "oath or affirmation" and on the particularity requirement.)

A police officer frisks a man after speaking to him as he has reasonable suspicion to believe that he is carrying a weapon. During the frisk, the officer realizes that the suspect smells of marijuana, and he also senses a long cylindrical object in the suspect's pocket. He reaches into the pocket and finds a "bong." The police officer seizes it as evidence as it was obtained through ________.

plain touch and feel

A(n) ________ is a cursory visual inspection of those places in which a person might be hiding.

protective sweep (A protective sweep is a cursory visual inspection of those places in which a person might be hiding.)

A brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest is called a(n) ________.

stop

The containers inside a car and the car's trunk can be searched without a warrant when ________.

there is probable cause to search