Chapter 13 Warrant Requirement And The Search Warrant learning Objectives

subject Type Homework Help
subject Pages 14
subject Words 5263
subject Authors John S. Dempsey, Linda S. Forst

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True / False
1. Reasonable suspicion is the standard of proof a police officer needs to make an arrest.
a.
True
b.
False
2. Probable cause is the standard of proof a police officer needs to conduct a stop and frisk.
a.
True
b.
False
3. Search warrants are necessary for all searches by police officers.
a.
True
b.
False
4. A police officer can search without a warrant if consent is given by a person having authority to give such consent.
a.
True
b.
False
5. Search and seizure is governed by the Sixth Amendment to the U.S. Constitution.
a.
True
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b.
False
6. An equivocal or ambiguous request for counsel in a custodial interrogation case is not sufficient to force police to stop
questioning a suspect and provide an attorney.
a.
True
b.
False
7. An attorney is required at every lineup.
a.
True
b.
False
8. In 1995, in Arizona v. Evans, the Supreme Court extended the “good faith” exception to the Fourth Amendment by
creating a “computer errors” exception.
a.
True
b.
False
9. Forced extraction of blood by a doctor from a man who is arrested for driving while intoxicated is not a violation of that
man’s constitutional rights.
a.
True
b.
False
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10. A police officer’s attempt to terminate a dangerous, high-speed car chase that threatens the lives of innocent
bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or
death.
a.
True
b.
False
11. A passenger in a vehicle has the same right as a driver to challenge the constitutionality of a traffic stop.
a.
True
b.
False
12. The U.S Supreme Court, in Kyllo v. United States,ruled that the use of a thermal imager is not considered a search
under the Fourth Amendment.
a.
True
b.
False
13. The U.S. Supreme Court ruled that suspicionless searches of parolees by law enforcement officers are unreasonable
under the Fourth Amendment.
a.
True
b.
False
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14. Berghuis v. Thompkins determined that defendants must make an affirmative statement or action to expressly waive
their right to remain silent or to have a lawyer present during questioning.
a.
True
b.
False
15. The U.S. Supreme Court ruled that the Sixth Amendment right to counsel applies to a suspect no matter what case
is involved.
a.
True
b.
False
16. In Missouri v. Seibert, the U.S. Supreme Court found that the approach used by the investigators encouraged a
violation of Miranda.
a.
True
b.
False
17. Although not a U.S. Supreme Court decision, Seremeth v. Frederick County et al. (2012) dealt with the Americans
with Disability Act and police interrogations.
a.
True
b.
False
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18. Of all the FBI Index crimes, the one that occurs most each year is:
a.
theft/larceny.
b.
motor vehicle theft.
c.
burglary.
d.
felonious assault.
19. Of all the FBI Index crimes, the one that occurs least each year is:
a.
b.
c.
d.
20. Each year, police in the United States make about million arrest for all criminal infractions except traffic
violations.
a.
61.3
b.
51.0
c.
13.1
d.
6.2
21. This case applied the exclusionary rule to all state courts.
a.
Weeks v. United States
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b.
Wolf v. Colorado
c.
Rochin v. California
d.
Mapp v. Ohio
22. This case established the exclusionary rule in federal courts.
a.
Weeks v. United States
b.
Wolf v. Colorado
c.
Rochin v. California
d.
Mapp v. Ohio
23. “Evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person
committed it” is the definition of:
a.
beyond a reasonable doubt.
b.
reasonable suspicion.
c.
probable cause.
d.
likely evidence.
24. This case allowed certain searches incident to arrest.
a.
Chimel v. California
b.
Terry v. Ohio
c.
United States v. Matlock
d.
Abel v. United States
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25. This case allowed searches, also known as “pat-downs,” during field interrogations.
a.
Chimel v. California
b.
Terry v. Ohio
c.
United States v. Matlock
d.
Abel v. United States
26. Due to the mobility of an automobile, this case allowed police to search automobiles upon probable cause but without
a search warrant.
a.
Florida v. Bostick
b.
California v. Greenwood
c.
Hester v. United States
d.
Carroll v. United States
27. This case ruled that a person in police custody must be advised of his or her constitutional rights prior to interrogation
or the information obtained can be excluded.
a.
Brown v. Mississippi
b.
McNabb v. United States
c.
Escobedo v. United States
d.
Miranda v. Arizona
28. Which amendment to the U.S. Constitution protects against unreasonable searches and seizures?
a.
First
b.
Fourth
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c.
Fifth
d.
Sixth
29. Which constitutional amendment states that “no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized”?
a.
First
b.
Fourth
c.
Fifth
d.
Sixth
30. This national survey is based on reports made to the police from crime victims.
a.
Uniform Crime Reports
b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
31. This national survey is based on a random survey of American homes.
a.
Uniform Crime Reports
b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
32. This national survey is prepared by the FBI.
a.
Uniform Crime Reports
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b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
33. This national survey is prepared by the National Institute of Justice.
a.
Uniform Crime Reports
b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
34. This national survey lists all arrests made in the United States.
a.
Uniform Crime Reports
b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
35. This national survey lists the number of all law enforcement employees for each reporting town, city, and county in
America.
a.
Uniform Crime Reports
b.
National Crime Victimization Survey
c.
U.S. Census
d.
Federal Criminal Justice Survey
36. The U.S. Supreme Court has made a significant impact on the way police do their job through its policy of:
a.
judicial review.
b.
probable cause.
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c.
third-degree tactics.
d.
silver platter doctrine.
37. Which type of tactics constituted the brutal and violent methods police historically practiced to obtain confessions?
a.
hammering
b.
first degree
c.
third degree
d.
drop down
38. The Supreme Court ruled in Bureau v. McDowell that _____________ apply/applies only to the actions of government
agents and not to those of private citizens or private security employees.
a.
county ordinances
b.
local ordinances
c.
state statutes
d.
the Bill of Rights
39. The right to counsel contained within the Miranda ruling applies only when the subject of an interrogation:
a.
is in custody.
b.
is accused of a felony crime.
c.
has been deemed indigent.
d.
has made an admission of guilt.
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40. The “third degree” ended as a result of what U.S. Supreme Court decision?
a.
Terry v. Ohio
b.
Brown v. Mississippi
c.
Carroll v. United States
d.
Miranda v. Arizona
41. A border search can be made without:
a.
probable cause.
b.
a warrant.
c.
any articulable suspicion.
d.
all of these choices
42. The U.S. Supreme Court has ruled that a warrantless search of a vehicle is valid if the police have probable cause to
believe that the car contains evidence that they are seeking. This decision is known as the:
a.
Stout doctrine.
b.
Carroll doctrine.
c.
exclusionary rule.
d.
fruits of the poisonous tree doctrine.
43. The purpose of a police inventory search of a vehicle is to:
a.
recover weapons.
b.
recover any evidence.
c.
account for all the contents of the vehicle.
d.
look for elements of a crime.
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44. Which of the following is notan exception to the search warrant requirement?
a.
a crime scene
b.
a border search
c.
exigent circumstances
d.
plain view
45. Which of the following has the Supreme Court not recognized as an exigent circumstance?
a.
preventing an escape
b.
rendering immediate aid to a person in need of assistance
c.
checking an identity
d.
preventing destruction of evidence
46. When conducting a stop and frisk, officers may search:
a.
the outer clothing of the individual.
b.
the outer and inner clothing of the individual.
c.
inside the individual’s shoes.
d.
only inside the individual’s pockets.
47. Which of the following is notconsidered an actual search by the U.S. Supreme Court?
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a.
stop and frisk
b.
border check
c.
trained drug-dog sniff
d.
search after a hot pursuit
48. The Miranda ruling set out certain guidelines that the police must follow during interrogation; however, an exception
to the Miranda warning allows questions to be asked:
a.
to ensure the immediate safety of the public.
b.
regarding citizenship.
c.
about discarded narcotics.
d.
of a person under the age of 21.
49. Which of the following is a violation of the Miranda ruling?
a.
tape-recording unknowing suspects who were placed alone in a patrol car under arrest
b.
using a jail informant to report what a suspect tells him or her
c.
placing a tape recorder in an interrogation room while leaving the suspect alone
d.
directly questioning the suspect about the crime while in a patrol car and en route to the jail
50. The police identification process that involves bringing a suspect back to the scene of the crime or another place (for
example, a hospital where an injured victim is) where the suspect can be seen and possibly identified by a victim or
witness of a crime is called a:
a.
showup.
b.
showdown.
c.
line array.
d.
lineup.
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51. This U.S. Supreme Court decision in 2013 upheld canine sniffs during a vehicle stop.
a.
Florida v. Harris
b.
Scott v. Harris
c.
Whren v. United States
d.
Maryland v. Wilson
52. This 2014 U.S. Supreme Court decision brought clarity to Georgia v. Randolph and consent searches.
a.
Colorado v. Bertine
b.
Arizona v. Evans
c.
Fernandez v. California
d.
California v. Carney
53. This U.S. Supreme Court decision said "a compelled physical intrusion beneath (the) skin and into (the) veins to
obtain a sample of . . . blood for use as evidence in a criminal investigation" was "an invasion of bodily integrity."
a.
Winston v. Lee
b.
Missouri v. McNeely
c.
Stoval v. Denno
d.
United States v. Ash
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54. The two official measures of crime in the United States are the and the .
55. The Crime Index Offenses Cleared section of the UCR lists the for Index crimes.
56. The first 10 amendments to the U.S. Constitution are also known as the .
57. The _____________ is an interpretation of the Fourteenth Amendment by the U.S. Supreme Court that holds that
evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant.
58. If evidence is found to be in violation of the exclusionary rule, it must be .
59. In , the Supreme Court applied the exclusionary rule to state courts.
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60. Evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person
committed it is known as .
61. Arrests can be made with or without a .
62. The standard of proof that is necessary for police officers to conduct stops and frisks is known as .
63. The amount of force an officer can use when making an arrest is called .
64. A _________ is the detaining of a person by a law enforcement officer for the purpose of investigation, accompanied
by a superficial examination of the person’s body surface or clothing to discover weapons, contraband, or other objects
relating to criminal activity.
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65. The questioning of a person in police custody regarding his or her participation in a crime is called _____.
66. The pattern of brutality and violence historically used by the police to obtain confessions by suspects is known as
the_____________.
67. In the case of Scott v. Harris, the U.S. Supreme Court used the _______ test to determine the reasonableness of the
seizure in question.
68. In _______, the U.S. Supreme Court provided guidance to law enforcement officers in assessing how much time they
are required to wait prior to making a forcible entry after knocking and announcing their presence and demanding entry in
a warrant case.
69. When a persons’ home is his or her castle, this concept is referred to as the .
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70. A Terry stop is also known as ______________________.
71. Describe the two methods used to measure the amount of crime in the United States, and discuss the differences
between them.
72. Explain the significance of Berghuis v. Thompkins as it concerns interrogations.
73. What is the exclusionary rule? Describe its development. How has this rule had an impact on the police and the
public?
74. Identify and cite five cases involving the police and search and seizure. Describe how these cases led to the current
search and seizure rules in the United States.
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75. Identify and cite five cases involving the police and custodial interrogation. Describe how these cases led to the
current custodial interrogation rules in the United States.
76. Explain the significance of the Scott v. Harris decision.
77. Explain how does the Bill of Rights and the actions of the U.S. Supreme Court regulate the police?
78. List and discuss several of the exceptions to the warrant requirement in search and seizure cases, and cite and discuss
several U.S. Supreme Court cases to illustrate the exceptions.
79. Describe the development of the requirement that one be advised of one’s constitutional rights prior to police
interrogation when in police custody. Cite and discuss several U.S. Supreme Court cases to show the changes in police
interrogation procedures over time.
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80. Why do Dickerson v. United States and cases following this decision constitute important case law?
81. Why do you think the Supreme Court considered forcing Rochin (Rochin v. California) to have his stomach pumped
to retrieve evidence to be shocking, but the Court did not consider forced extraction of blood by a doctor for a man who
was arrested for driving while intoxicated (Schmerber v. California) to be a violation of that man’s constitutional rights?
What was the difference? Do you think the cases should have been treated the same? Defend you position.
82. How is probable cause different than reasonable doubt? How is probable cause different than reasonable suspicion?
Give examples of all three.

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