a. Florida v. Jardines (2013)
b. Bailey v. United States (2013)
c. Missouri v. McNeely (2013)
d. Maryland v. King (2013)
e. Florence v. Board of Chosen Freeholders (2012)
73. In which case did the Supreme Court decide to make it a requirement for the police to seek search warrants, if
possible, before taking involuntary blood tests from suspected drunk drivers.
a. Florida v. Jardines (2013)
b. Bailey v. United States (2013)
c. Missouri v. McNeely (2013)
d. Maryland v. King (2013)
e. Florence v. Board of Chosen Freeholders (2012)
74. In United States v. Jones (2012) the Supreme Court decided:
a. to make it a requirement for the police to seek search warrants, if possible, before taking involuntary
blood tests from suspected drunk drivers.
b. police do not need a warrant to search a car.
c. that placing a GPS tracking device on a drug suspect’s car without a warrant is a search that falls under the rules
of the Fourth Amendment.
d. that arrest, even on minor offenses, makes people subject to intrusive strip searches and body cavity
inspections when they are placed in jail.
e. that drug-sniffing dogs cannot be brought to the front door of a home to seek evidence that will be used
to get a search warrant.
75. In Missouri v. McNeely (2013) the Supreme Court decided:
a. to make it a requirement for the police to seek search warrants, if possible, before taking involuntary
blood tests from suspected drunk drivers.
b. police do not need a warrant to search a car.
c. that placing a GPS tracking device on a drug suspect’s car without a warrant is a search that falls under the rules
of the Fourth Amendment.
d. that arrest, even on minor offenses, makes people subject to intrusive strip searches and body cavity
inspections when they are placed in jail.
e. that drug-sniffing dogs cannot be brought to the front door of a home to seek evidence that will be used
to get a search warrant.
76. Illinois v. Gates (1983) is the U.S.Supreme Court decision that established that:
a. police officers must provide reliable information when obtaining a search warrant.
b. police officers must identify the “things” to be searched.
c. police officers are allowed to conduct warrantless searches under certain circumstances.
d. police officers cannot admit evidence into court if they gather evidence using an illegal search warrant.
e. the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining
a search warrant.
77. A flexible test established by the Supreme Court for identifying whether probable cause exists that permits the judge
to determine whether the available evidence is both sufficient and reliable enough to issue a warrant is the definition of:
a. the totality of circumstances.
b. an affidavit.
c. probable cause.
d. reasonable suspicion.
e. a stop.
78. A written statement of fact, supported by oath or affirmation and submitted to judicial officers to fulfill
the requirements of probable cause for obtaining a warrant, is the definition of:
a. the totality of circumstances.
b. an affidavit.
c. probable cause.
d. reasonable suspicion.
e. a stop.
79. The phrase “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” may be found in which Amendment?
a. First
b. Fourth
c. Fifth
d. Sixth
e. Eighth
80. Warrantless searches routinely take place at all of the following places EXCEPT:
a. border crossings.
b. ports.
c. apartments.
d. airports.
81. Terry v. Ohio endorsed:
a. warrantless searches for weapons.
b. victim’s rights.
c. stop-and-frisk searches.
d. due process requirements.
e. witness safety procedures.
82. In which case did the Supreme Court endorse a police officer’s authority to stop-and-frisk suspects on the streets when
there is reasonable suspicion that they are armed and involved in criminal activity.
a. Florida v. Jardines (2013)
b. Bailey v. United States (2013)
c. Terry v. Ohio (1968)
d. Maryland v. King (2013)
e. Florence v. Board of Chosen Freeholders (2012)
83. The Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of
people who are lawfully arrested was:
a. Florida v. Jardines (2013).
b. Bailey v. United States (2013).
c. Chimel v. California (1969).
d. Maryland v. King (2013).
e. Florence v. Board of Chosen Freeholders (2012).
Jimmy was walking down the street late at night. A squad car pulled alongside him and ordered him to stop. The two
officers then got out of the car and proceeded to frisk Jimmy.
84. The police have just subjected Jimmy to what is called a:
a. stop-and-frisk search.
b. special needs search.
c. search incident to a lawful arrest.
d. consent search.
e. exigent circumstance search.
85. If the police had a description and name of a robbery suspect that fit Jimmy’s description, then the search would have
been a:
a. stop-and-frisk search.
b. special needs search.
c. search incident to a lawful arrest.
d. consent search.
e. exigent circumstance search.
86. If Jimmy were coming into the United States from Canada in a car and was stopped at the border and his person
searched, this would be called a:
a. stop-and-frisk search.
b. special needs search.
c. vehicle search.
d. consent search.
e. exigent circumstance search.
Completion
87. Officers depend on information provided during their initial training at the ______ ______ and state attorneys who
monitor court decisions.
88. Police officers must establish ____________________ to obtain a warrant.
89. The ________ _______ ________ allows officers to examine evidence without a warrant if it is in an open location.
90. The search and seizure clause is found in the ____________________Amendment.
91. ____________________are actions by law enforcement officials that intrude upon people’s reasonable expectations of
privacy.
92. ____________________involves depriving a citizen of their liberty or property.
93. A ____________________involves government interference with a citizen’s freedom of movement that usually lasts
no more than an hour.
94. In order to be permissible under the Fourth Amendment, stops must be justified by ________ ________.
95. ________ __ ________ was the court case that ruled that deadly force may not be used against an unarmed and
fleeing suspect.
96. Police officers must submit an ____________________to a judge in order to obtain a search warrant.
97. A ______ ______ __ ________ is the objective standard developed by courts for determining whether a government
intrusion into an individual’s person or property constitutes a search because it interferes with the individual’s interest that
are normally protected from governmental examination.
98. Illinois v. Gates (1983) ruled that a _________ __ _________ should be used to determine the existence of probable
cause.
99. There is no hard and fast definition of ______ _______ that can be applied to every situation. Generally, the essential
issue is whether sufficient evidence is presented to lead to the reasonable conclusion that a specific person should be
prosecuted for a criminal offense.
100. The stop-and-frisk exception based upon the Terry v. Ohio (1968) case is considered a
____________________search.
101. _______ __ ________ ruled that officers can pat down the clothing of people for officer safety.
102. If a person is placed under arrest, then they forfeit most of their Fourth Amendment rights. This is called search
incident to ____________________ ____________________.
103. The Supreme Court expanded police authority by permitting officers to rely on reports from _______ _______ as the
basis for conducting a stop-and-frisk search.
104. Officers in an urgent situation, acting under ____________________ ____________________, are not required to
obtain a warrant.
105. A ______ _______ occurs when an individual gives law enforcement permission to search a person, vehicle, home,
or other location.
106. In ________ __ _________ the court ruled that police officers do not have to inform people of their right to say no to
a consent search.
107. ______ __ ______applied the exclusionary rule as the remedy for improper searches by federal law enforcement
officials.
108. The ____________________ ____________________exception means that the officers acted with the honest belief
that they were following the proper rules and are not subject to the exclusionary rule.
109. When improperly obtained evidence is used because it would later have been discovered anyway even without
improper actions by the police, this is called the __________ ______ .
110. _____ ____ _____ determined that when officers relied in good faith on a warrant, the evidence will not be excluded
even if the warrant was issued improperly.
111. _______ ___ _______ is the legal decision in which the Supreme Court created the “inevitable discovery” exception
to the exclusionary rule.
112. In Maryland v. King (2013) state law approved mandating cheek swab ____ sample from those arrested for serious
offenses.
113. In United States v. Jones (2012) the Supreme Court decided that placing a ____ tracking device on a drug suspect’s
car without a warrant is a search that falls under the rules of the Fourth Amendment.
114. A(n) _______ is a written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill
the requirements of probable cause for obtaining a warrant.
115. A ________ test was established by the Supreme Court for identifying whether probable cause exists that permits
the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant.
116. The flexible test applies to the ______ __ _______.
117.
In this case, ________________, the U.S. Supreme Court established the flexible totality of circumstances test for
determining the existence of the probable cause needed for obtaining a search warrant.
Subjective Short Answer
Sue Jackson was recently pulled over by a local law enforcement agency. She was not sure why she was being pulled
over. When the officer approached the car, he informed Sue that he was going to search the car. The officer did not find
anything until he opened a backpack that was her brothers. When the officers opened the backpack, he found two rocks of
crack cocaine. Sue was immediately arrested and is currently awaiting a court date.
118. How could the officer in this scenario legally pull Sue’s car over?
a. A traffic violation occurred.
b. There was reasonable suspicion that Sue could have been involved in another crime.
c. Sue was driving a red car.
d. Both a and b.
e. None of these.
119. Does the officer have a constitutional right to search Sue’s car?
a. Yes, law enforcement can search a vehicle at any time.
b. Yes, Sue may have committed a traffic offense.
c. No, Sue did not consent to a vehicle search.
d. No, the officer could only search the trunk.
120. After Sue’s arrest the car was impounded. What type of search must be completed on the car?
a. inventory
b. itemized
c. special
d. consistent
121. Sue’s case most likely will be dismissed because the evidence was illegally obtained. This is an example of:
a. exigent circumstances.
b. exclusionary rule.
c. inevitable discovery.
d. corruption.
Chris Michaels has been charged with rape and murder. He was arrested two days ago, and has been questioned several
times by three different detectives. Chris requested an attorney at each interrogation immediately after his rights were read
to him.
122. Apparently, the detectives in this case did in fact read Chris his:
a. Weeks warnings.
b. Mapp warnings.
c. Miranda warnings.
d. Chimel warnings.
123. According to Massiah v. U.S. (1964), Chris is required to:
a. have an attorney present during questioning.
b. answer all the questions asked.
c. implicate accomplices.
d. indicate what he feels his punishment should be.
124. Chris informs the police that he will admit that he killed the victim because the detectives have botched the case and
he is going to walk free. Most likely this confession will be:
a. introduced into evidence.
b. excluded.
c. accepted with revisions.
d. introduced but then excluded.
Officer James Duffy was serving a warrant to Jeff Duke for possession of a banned gun. When Officer Duffy arrived at
Jeff’s residence, Jeff was shocked. Jeff had never been in trouble a day in his life. Officer Duffy explained to Jeff that he
needs to search his home, and he could call headquarters if he had a problem.
125. Before Officer Duffy continued, he verified that all the information was correct on the search:
a. affidavit.
b. warrant.
c. search.
d. seizure.
126. During the search, a 9-mm gun was found in Jeff’s dresser. Can this gun be entered into evidence?
a. Yes, a 40-mm gun was listed on the warrant.
b. Yes, the officer does not need a warrant.
c. No, the gun is fully legal and not listed on the warrant.
d. No, the officer keeps it for himself.
127. When Officer Duffy talked with his sergeant at the end of his shift, they looked more closely at the warrant and noted
that the warrant was actually for the previous tenants. In this situation, the police department should be protected from
legal action by the:
a. exclusionary rule.
b. good faith exception.
c. Carrole doctrine.
d. warrantless entry.
128. Compare and contrast the plain view doctrine and the open fields doctrine. What is the key difference between them?
129. Explain a citizen’s right to a reasonable expectation of privacy. Where does law enforcement draw the line at aerial
searches, analyzing electric bills, or at the curtilage?
130. Explain the difference between a stop and an arrest? At what point does a stop turn into an arrest? Is there a defining
moment? What constitutional provisions protect society from unlawful intrusion from law enforcement?
131. In your opinion, do the constitutional rights of citizens, including suspects, “tie the hands” of the police to a
significant degree? How so? Can this be changed? Explain.
132. Can you think of any instances, other than those discussed in the text, in which officers should not need a warrant to
search? Support your answer.
133. How has the increased focus on homeland security and terrorism affected the emphasis on citizens constitutional
rights? Do you think our current constitutional guarantees should be revisited, given the need to guard against terrorist
acts?
134. How does pop culture influence the use of the Miranda rights? Thanks to television and movies, most people can
recite their Miranda rights by memory. Does this mean it is no longer necessary for police to read them to suspects? If we
stop reading suspects their Miranda warnings, will the public remain knowledgeable about their rights?
135. Explain why the exclusionary rule is so important to the criminal justice system. What amendments protect this rule?
136. Explain the inevitable discovery rule. How does this benefit law enforcement? The suspect? What infamous case
ruled in favor of inevitable discovery?
137. Compare and contrast six of the major court cases listed in this chapter. Which cases ruled in favor of law
enforcement? Which cases ruled in favor of individual rights?
138. Discuss five of the following recent Supreme Court cases: Florida v. Jardines (2013), Bailey v. United States
(2013), Missouri v. McNeely (2013), Maryland v. King (2013), Florence v. Board of Chosen Freeholders (2012), and
United States v. Jones (2012).
139. Discuss the differences between the Fourth Amendment and the Eighth Amendment.
140. How is probable cause established? How has the Supreme Court’s ruling affected the definition of probable cause?
Be specific in your answer.
141. Under what circumstances may searches without a warrant occur. Be detailed in your answer.