Proc
The Supreme Court has condoned stops lasting as long as: Answers: 15 minutes. 1 hour. 16 hours. 2 hours.
16 hours
Warrants must be issued by: Answers: Any magistrate. Prosecutors. A neutral and detached magistrate. An employee of the executive branch of government.
A neutral and detached magistrate
Media presence during the service of search warrants is: Answers: Uniformly prohibited by statute. Required if a legitimate law enforcement objective is served. Acceptable if a legitimate law enforcement objective is served. Always violates the right to privacy.
Acceptable if a legitimate law enforcement objective is served.
A "bright-line" decision may be helpful because: Answers: It is subject to very little interpretation. It promotes consistency. It promotes clarity and predictability. All of the above
All of the above
A plain view seizure is authorized when: Answers: The discovery of the items to be seized is inadvertent. The police are lawfully in the area where the evidence is located. The items are immediately apparent as subject to seizure. All of the above
All of the above
A warrantless search based on a hot pursuit exigency will be upheld if: Answers: The pursuit originates at a lawful point The police have probable cause to believe the person they are chasing committed a crime The underlying offense is "serious" All of the above
All of the above
Administrative justification has been relied upon to justify searches in which of the following? Answers: Gun dealerships Auto junkyards Mandatory drug testing of public and private employees Arson investigations All of the above
All of the above
An example of a legal remedy is: Answers: A citizen complaint. The exclusionary rule. A lawsuit. All of the above
All of the above
Border checkpoints have been upheld: Answers: On the nation's waterways. At checkpoints well inside the nation's borders. At international borders. All of the above
All of the above
Cities and counties can be held liable under 42 U.S.C. Section 1983 if they: Answers: Implement policies that lead to constitutional rights violations. Adopt policies that lead to constitutional rights violations. Inadequately train their officers. All of the above
All of the above
For Fourth Amendment purposes, government officials can include: Answers: Regulatory officials. Private security guards used in place of the police. Police officers. All of the above
All of the above
Particularity is concerned with which of the following? Answers: Where a search is to be conducted The description on the person to be arrested What evidence is sought Who is to be arrested All of the above
All of the above
The Fifth Amendment protects against: Answers: Due process violations. Double jeopardy. Self-incrimination. All of the above
All of the above
The Fourth Amendment deals with: Answers: Searches and seizures of persons Searches Seizures All of the above
All of the above
The Fourth Amendment provides that the right of the people to be secure in their: Answers: Papers Persons Houses Effects All of the above
All of the above
The Supreme Court has authorized warrantless inspections of: Answers: Vehicle junkyards. Closely regulated businesses. Liquor stores. Firearms dealerships. All of the above
All of the above
The Supreme Court in Hayes v. Florida ruled that stationhouse detentions for the purpose of fingerprinting are permissible when: Answers: There is a clear investigation underway. There is an objective basis for detaining a suspect. There are narrowly circumscribed procedures in place. There is a court order stating that adequate evidence exists. All of the above
All of the above
The exclusionary rule is: Answers: Judicially created. Not found in the U.S. Constitution. A rule of exclusion. All of the above
All of the above
The execution of search warrants is subject to ________ constraints. Answers: Scope Time Manner All of the above
All of the above
The phrase "neutral and detached" means that the judge should not: Answers: Serve a prosecuting function. Have a financial interest in the case. Accompany the police when they serve the warrant. All of the above
All of the above
Which of the following are activities governed by the Fourth Amendment? Answers: Arrests without warrants Arrests with warrants Searches with warrants All of the above
All of the above
Which of the following are considered restrictions on frisks? Answers: Frisks are nothing more than pat-downs of outer clothing. 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 be motivated by a desire to preserve officer safety. All of the above
All of the above
Which of the following is a common time constraint with regard to the service of search warrants? Answers: The warrant may need to be served during daytime hours. The police must obtain another warrant if they want to search again after they have left. The search cannot last indefinitely. The service of the warrant should take place promptly after its issuance. All of the above
All of the above
Which of the following is a relevant constitutional amendment in criminal procedure? Answers: The Fourth Amendment The Fourteenth Amendment The Fifth Amendment The Sixth Amendment All of the above
All of the above
Which of the following is a requirement for a valid search incident to arrest? Answers: • Probable cause must be in place in advance of the arrest. • The arrest must be lawful. • The search should take place soon after the arrest. • All of the above
All of the above
• The term "automobile" includes which of the following? Answers: • Tractor trailers with sleeper cabs • Automobiles • Boats • Trucks • All of the above
All of the above
Reasonable suspicion is: Answers: Concerned with crime control. An attempt to strike a balance between procedural due process and crime control. Concerned with equal protection. Concerned with substantive due process. None of the above
An attempt to strike a balance between procedural due process and crime control.
What type of test has the Supreme Court relied upon in order to distinguish stops from nonstops? Answers: Bright-line rule test A subjective test An objective test Case-by-case adjudication test
An objective test
________ is any unoccupied or undeveloped real property falling outside the curtilage of a home. Answers: An open field Abandoned property Unsecured private land Vacant land
An open field
The police may search ________ during the course of a vehicle inventory. Answers: Any container discovered The passenger compartment and trunk Only the passenger compartment None of the above
Any container discovered
With regard to the scope of a search warrant, police can look: Answers: Only in unlocked areas. In all locked areas. Anywhere the item sought could reasonably be found. Anywhere evidence can be found.
Anywhere the item sought could reasonably be found.
The appellant is someone who: Answers: Is charged with a crime Petitions for habeas review Is appealed against Appeals
Appeals
In which case did the Supreme Court create the "immediately apparent" requirement for a valid plain view seizure? Answers: • Coolidge v. New Hampshire • Horton v. California • Minnesota v. Dickerson • Arizona v. Hicks
Arizona v. Hicks
A frisk must be supported by reasonable suspicion that the suspect is: Answers: Armed and dangerous. Engaged in criminal activity. Likely to escape. All of the above
Armed and dangerous
• The ________ rule announced in Chimel provides that, pursuant to a valid arrest, the police may search the area "within the immediate control" of the arrestee. Answers: • Protective sweep • Immediate control • Armspan • Exigent circumstance
Armspan
Which of the following is NOT a reason articulated by the Supreme Court as a reason allowing automobile searches without a warrant: Answers: • Automobiles are subject to other strict regulations. • Automobiles are subject to state regulations and licensing requirements. • Automobiles may be impounded for safety reasons. • Automobiles travel on public roads. • Automobiles are not subject to the probable cause requirement.
Automobiles are not subject to the probable cause requirement
With regard to a search, when does justification need to be in place? Answers: During the search After the search Before the search Never
Before the search
The first Supreme Court case to recognize administrative justification was: Answers: Donovan v. Dewey Camara v. Municipal Court New York v. Burger United States v. Biswell
Camara v. Municipal Court
In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional? Answers: Delaware v. Prouse City of Indianapolis v. Edmond Michigan Dept. of State Police v. Sitz Carroll v. United States None of the above
City of Indianapolis v. Edmond
The U.S. Supreme Court has stated that someone acts under ________ when he or she acts in an official capacity. Answers: Judicial order Legal authority Color of law None of the above
Color of law
The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are: Answers: Government actor and a constitutional violation. Government actor and physical injury. Color of law and a constitutional violation. Color of law and physical injury.
Color of law and a constitutional violation
The use by several cities of strategically located video cameras to look for crime is: Answers: Allowed under the PATRIOT Act. Constitutionally permissible. A violation of Title III without a warrant. A violation of Fourth Amendment privacy rights.
Constitutionally permissible
Fire inspections must be ________ in relation to the timing of the fire. Answers: Delayed Conducted only with a search warrant Contemporaneous Conducted when practical None of the above
Contemporaneous
At the state level, trial courts are usually referred to as: Answers: District courts. Courts of general jurisdiction. Courts of limited jurisdiction. None of the above
Courts of general jurisdiction
Reasonable suspicion is a standard of justification: Answers: Created by the Supreme Court. Created by the founding fathers. Found in state statutes. Found in the Constitution. All of the above
Created by the Supreme Court
Which of the following is the leading Supreme Court case concerning stationhouse detentions? Answers: United States v. Mendenhall Terry v. Ohio United States v. Sokolow Davis v. Mississippi All of the above
Davis v. Mississippi
In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with "articulable and reasonable suspicion"? Answers: Delaware v. Prouse Maryland v. Buie Terry v. Ohio Pennsylvania v. Mimms
Delaware v. Prouse
"Evanescent evidence" refers to evidence that is likely to: Answers: Be transferred to another location Spoil Be hidden Disappear All of the above
Disappear
When a previous decision is not available for a court to refer to, it will: Answers: Distinguish the present case. Practice stare decisis. Refer to precedent. Decline to hear the case.
Distinguish the present case
At the federal level, trial courts are: Answers: Courts of limited jurisdiction. District courts. Courts of general jurisdiction. None of the above
District Courts
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? Answers: To bring him to the police station for questioning after being read Miranda warnings To bring him to the police station for questioning To bring him to the police station one time to take fingerprints During the time that a search warrant is executed in the person's house
During the time that a search warrant is executed in the person's house
In O'Connor v. Ortega the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting: Answers: Work-related documents. Evidence of work-related misfeasance. Personal effects. Evidence of criminal activity. All of the above
Evidence of work-related misfeasance
Emergency situations allowing for searches without a warrant are referred to as: Answers: • Emergency circumstances. • Immediate circumstances. • Exigent circumstances. • Dangerous circumstances.
Exigent circumstances
In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have: Answers: Expanded stops and frisks. Neither restricted nor expanded stops and frisks. Restricted stops and frisks. None of the above
Expanded stops and frisks.
A "frisk" is included in the warrantless search category Answers: True False
False
A person acts under color of law when he or she acts in a private capacity. Answers: True False
False
A search occurs when a government actor interferes with someone's possessory property interests. Answers: True False
False
Municipalities and counties cannot be held liable for failing to train their officers. Answers: True False
False
Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest. Answers: True False
False
Public school administrators and teachers in grades K-12 may search students without a warrant if they possess probable cause that the search will yield incriminating evidence outside of normal disciplinary purposes. Answers: True False
False
The Fourth Amendment deals with seizures of property, not persons. Answers: True False
False
The Fourth Amendment requirements do not apply to e-mails. Answers: True False
False
The Supreme Court intended to establish the special needs doctrine in New Jersey v. T.L.O. Answers: True False
False
The due process perspective is a conservative political ideology Answers: True False
False
The lowest courts at the state level are courts of general jurisdiction. Answers: True False
False
The police are always required to announce their presence when serving warrants. Answers: True False
False
With regard to the probable cause showing, the officer applying for a search warrant must only show probable cause that the items to be seized are connected with criminal activity. Answers: True False
False
The basic constitution protection against unreasonable searches and seizures is contained in the: Answers: Fourth Amendment. Sixth Amendment. First Amendment. Fifth Amendment. None of the above
Fourth Amendment
To define when a search takes place, which two important factors need to be considered? Answers: Government action and reasonable expectation of privacy Government action and probable cause Government action and objective reasonableness None of the above
Government action and reasonable expectation of privacy
Exceptions to the reasonable expectation of privacy test of the Fourth Amendment's warrant requirement: Answers: Are not allowed as they infringe on people's civil liberties. Have been created by the Supreme Court. Are essential for law enforcement. None of the above
Have been created by the Supreme Court
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: Answers: • Be absolutely certain the item is contraband. • Be reasonably certain that the item is contraband. • Have a hunch that the item is contraband. • Have probable cause that the item is contraband.
Have probable cause that the item is contraband
The Supreme Court has: Answers: Sanctioned license and safety checkpoints. Held that license and safety checkpoints could be constitutional. Declared license and safety checkpoints unconstitutional. None of the above
Held that licence and safety checkpoints unconstitutional
In which cases did the Supreme Court declare the "inadvertency" is not a requirement for a valid plain view seizure? Answers: • Horton v. California • Minnesota v. Dickerson • Arizona v. Hicks • Coolidge v. New Hampshire
Horton v. California
In which cases did the Supreme Court declare the "inadvertency" is not a requirement for a valid plain view seizure? Answers: • Horton v. California • Minnesota v. Dickerson • Coolidge v. New Hampshire • Arizona v. Hicks
Horton v. California
Police officers act under color of law when they: Answers: Identify themselves as officers. Ask people their names. Fail to file official documents. None of the above
Identify themselves as officers
The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the ________ requirement. Answers: • Inadvertency • Lawful access • Immediately apparent • Valid plain view
Immediately apparent
Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant? Answers: • Likelihood of escape • "Evanescent" evidence • Hot pursuit • Inconvenient to obtain a warrant
Inconvenient to obtain a warrant
Which of the following can be considered administrative searches? Answers: Consent searches Stop and frisks Stationhouse detentions Inspections
Inspections
________ refers to police departments investigating complaints against their officers by themselves. Answers: Civilian monitor Internal review Civilian review Mediation
Internal review
________ are detentions less intrusive than arrest but more intrusive than a Terry stop. Answers: Nonstops Investigative detentions Searches Frisks None of the above
Investigative detentions
A search warrant must be supported by probable cause that the: Answers: Suspect will be found at a particular location. Person to be arrested committed the crime. Items to be seized are in the location to be surveilled. Items to be seized are connected with criminal activity.
Items to be seized are connected with criminal acvtivity
The Supreme Court has sanctioned school disciplinary searches for grades: Answers: K-6. K-12. K-9. All grades and public college. None of the above
K-12
In which case did the Supreme Court hold that the Fourth Amendment "protects people, not places?" Answers: Katz v. United States United States v. Jacobsen People v. Boettner Mapp v. Ohio None of the above
Katz v. United States
In what case did the Supreme Court declare that the use of thermal imagers by the police constitutes a search? Answers: United States v. Dunn Kyllo v. United States California v. Ciraolo Florida v. Riley
Kyllo v. United States
A valid hot pursuit must originate from a ________ starting point. Answers: Lawful Public or private Private Public None of the above
Lawful
The exclusionary rule was applied to the states by the case of: Answers: Mapp v. Ohio. Wolf v. Colorado. Leon v. United States. All of the above
Mapp v. Ohio
In which case did the Supreme Court sanction sobriety checkpoints? Answers: Michigan Dept. of State Police v. Sitz United States v. Villamonte-Marquez Delaware v. Prouse Carroll v. United States All of the above
Michigan Dept. of State Police v. Sitz
In which case did the Supreme Court sanction fire inspections? Answers: Camara v. Municipal Court United States v. Ramsey Carroll v. United States Michigan v. Tyler None of the above
Michigan v. Tyler
The Supreme Court case that paved the way for liability of cities and counties was: Answers: Monell v. Department of Social Services. Rochin v. California. Bivens v. Six Unknown Named Agents. Monroe v. Pape.
Monell v. Department of Social Services
The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in: Answers: Segura v. United States. Silverthorne Lumber Co. v. United States. Wong Sun v. United States. Nix v. Williams.
Nix v. Williams
Courts of limited jurisdiction: Answers: Hear appeals. Try all criminal cases. Hear only traffic cases. None of the above
None of the above
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? Answers: Michigan v. Summers Payton v. New York Steagald v. United States Terry v. Ohio
Payton v. New York
In which case did the Supreme Court hold that police officers, with reasonable suspicion, can order drivers out of their cars? Answers: Maryland v. Buie Delaware v. Prouse Terry v. Ohio Pennsylvania v. Mimms
Pennsylvania v. Mimms
A valid frisk can evolve into a search if what type of justification develops along the way? Answers: Probable cause Proof beyond a reasonable doubt Reasonable suspicion Administrative justification None of the above
Probable cause
The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in: Answers: Detecting evidence of law violations. Controlling crime. Protecting public safety. All of the above
Protecting public safety
A search occurs when government actors engage in activity that infringes on one's: Answers: Subjective expectation of privacy. Privacy. Property interests. Reasonable expectation of privacy.
Reasonable expectation of privacy
Which standard of justification is necessary for stop and frisk activities? Answers: Reasonable suspicion Probable cause Administrative justification Proof beyond a reasonable doubt
Reasonable suspicion
Qualified immunity affords protection to defendant criminal justice officials for: Answers: Reasonably mistaken beliefs. Reckless behavior. Negligence. None of the above
Reasonably mistaken beliefs
A ________ provides a legally accepted method of rectifying police wrongdoing. Answers: Judge Supreme Court decision Gun Remedy
Remedy
• Which of the following is a type of warrantless search or seizure? Answers: • Investigative detention • Search incident to arrest • Looking for evidence in an open field • Consensual encounter
Search incident to arrest
Stops and frisks are considered ________ acts. Answers: Necessary Independent Advisory Separate
Separate
In which case did the Supreme Court create the fruit of the poisonous tree doctrine? Answers: Silverthorne Lumber Co. v. United States Segura v. United States Wong Sun v. United States Mapp v. Ohio
Silvertheorne Lumber Co. v. United States
The Supreme Court sanctioned vehicle inventories in:\Answers: Answers: Frank v. Maryland. South Dakota v. Opperman. Camara v. Municipal Court. Illinois v. Layayette.
South Dakota v. Opperman
Terry v. Ohio dealt with: Answers: Arrests Investigative detentions Stop and frisk Searches
Stop and frisk
Which of the following is NOT an exception to the Fourth Amendment's warrant requirement? Answers: • Suspicion search • Plain view • Search incident to arrest • Vehicle search
Suspicion search
Which of the following is an unconstitutional checkpoint? Answers: Border checkpoint License and safety checkpoint Suspicionless checkpoints for detecting illegal drugs Sobriety checkpoint
Suspicionless checkpoint for detecting illegal drugs
The landmark case which first created the "knock and announce" rule was: Answers: Tennessee v. Garner. Graham v. Connor. Sabbath v. United States. Miller v. United States.
Tennessee v. Garner.
In which landmark case did the Supreme Court create the standard of "reasonable suspicion"? Answers: Franks v. Delaware United States v. Hensley Terry v. Ohio Adams v. Williams
Terry v. Ohio
________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by. Answers: The Federal Rules of Criminal Procedure State constitutions State statutes The federal Constitution
The Federal Rules of Criminal Procedure
The Sixth Amendment provides for: Answers: The right to remain silent. The assistance of counsel. The right to bear arms. Freedom of speech. None of the above
The assistance of counsel
The most frequently discussed remedy in criminal procedure is: Answers: The criminal law. Civil liability. The exclusionary rule. Mediation.
The exclusionary rule
Legal guilt is concerned with whether a person is guilty according to: Answers: The police A judge The law A jury
The law
In which landmark case did the Supreme Court create the standard of "reasonable suspicion"? Answers: The reasonableness and warrant clauses The reasonableness and probable cause clauses The probable cause and reasonable suspicion clauses The search and seizure clauses
The reasonableness and warrant clauses
The courts consider which of the following factors when distinguishing between open fields and curtilage? Answers: The use to which the land/property is being put The distance between buildings The size of house None of the above
The use to which the land/property is being put
A warrant that permits interception of electronic communications is known as a ________ warrant. Answers: Title III Section 242 Section 1983 Title IX
Title III
Stare decisis is a Latin term that means: Answers: To disregard past decisions. Treat each case as unique. To abide by or to adhere to decided cases. No past decision exists.
To abide by or to adhere to decided cases
Arrests require probable cause but investigatory stops only require reasonable suspicion. Answers: True False
True
Criminal procedure consists of a vast set of rules and guidelines describing how suspected and accused criminals are to be handled and processed by the justice system. Answers: True False
True
Due process advocates believe the criminal process should resemble an obstacle course. Answers: True False
True
Hot pursuit, escape and endangerment to others, and evanescent evidence are examples of exigent circumstances. Answers: True False
True
If a case involves federal law, it will be tried in federal court. Answers: True False
True
Inventories can be of vehicles and/or of a person's personal items. Answers: True False
True
Justification needs to be in place before a person or evidence is sought in an area protected by the Fourth Amendment. Answers: True False
True
People on probation enjoy a lesser expectation of privacy than ordinary citizens. Answers: True False
True
Probable cause is required for all search and arrest warrants. Answers: True False
True
Qualified immunity is a judicially created defense the is NOT explicitly provided for in the text of 42 U.S.C Section 1983. Answers: True False
True
The Supreme Court has held that before a frisk can take place, absent exigent circumstances, the officer must identify himself or herself. Answers: True False
True
The U.S. federal court system is a three-tiered court structure. Answers: True False
True
The exclusionary rule sometimes applies in civil law proceedings. Answers: True False
True
The good faith exception only covers honest police mistakes made during a search or seizure. Answers: True False
True
The term "reasonable suspicion" is found nowhere in the Constitution. Answers: True False
True
The term "reasonableness" is concerned with whether or not the police acted in line with Fourth Amendment requirements. Answers: True False
True
Whether a vehicle is mobile or stationary is a factor in determining whether a vehicle serves as a transportation function in searching a vehicle without a warrant. Answers: True False
True
In which case did the Supreme Court hold that warrantless searches of probationers are permissible not only for probation-related purposes, but for investigative purposes as well? Answers: Veronia School District 47J v. Acton United States v. Knights Pennsylvania Board of Probation and Parole v. Scott Griffin v. Wisconsin None of the above
United States v. Knights
The Fourth Amendment protects against: Answers: Cruel and unusual punishments. Self-incrimination. Unreasonable searches and seizures. Due process violations.
Unreasonable searches and seizures
________ are permissible if, among other requirements, they follow standard departmental operating procedures. Answers: Body cavity inspections Person inventories Property seizures Vehicle inventories
Vehicle iventories
Frisks must be directed at discovering: Answers: Weapons. Drugs. Criminal evidence. Contraband.
Weapons
The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was: Answers: Silverthorne Lumber Co. v. U.S. Weeks v. U.S. Boyd v. U.S. Adams v. New York.
Weeks v. U.S.
When may the police use deadly force while serving an arrest warrant? Answers: When the suspect attempts to flee after being ordered to stop With any felony warrant in which the magistrate has authorized deadly force 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 All of the above
When the suspect attempts to flee and will inflict harm on other people or police officers
Factual guilt is concerned with: Answers: Whether a person is guilty according to the law. Whether a person committed the crime with which he or she is charged. Whether a person is guilty according to the police. None of the above.
Whether a person committed the crime with which he or she is charged