Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
1. The law of stop and frisk deals with that time frame during which officers follow up on their suspicions but before
the time that the requisite is established to justify an arrest.
a. probable cause b. reasonable suspicion
c. proof beyond a reasonable doubt d. preponderance of the evidence
2. An unlawful search and seizure can include all of the following consequences, except:
a. departmental sanctions. b. criminal liability.
c. evidence would be admissible in court. d. civil liability.
3. One way courts have determined reasonableness is the bright line approach, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
4. The most commonly used method to determine reasonableness is the case-by-case method, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
5. “Probable cause to search”
means:
a. having more evidence against a set of probabilities.
b. officers reasonably believe that evidence, contraband or other items sought are where they believe them to
be.
c. that a reasonable person would believe the items may or may not be at a particular location.
d. the officers have reasonable suspicion to think the items are where they wish to search.
6. The principle that looks at all available information to assess whether the sum total would lead a reasonable
person to believe what the officers concluded is the:
a. bright line approach b. totality of the circumstances
c. individual circumstances d. overall assessment
7. The section of the Fourth Amendment makes warrantless searches and seizures valid and constitutional when they
are sensible is the:
a. warrant clause b. probable cause clause
c. reasonableness clause d. privacy clause
8. The Supreme Court stated that the exclusionary rule operates as a judicially created remedy designed to
safeguard Fourth Amendment rights generally through its deterrent effect, rather than a constitutional right of the
person aggrieved in:
a. Mapp v. Ohio b. Weeks v. U.S.
c. United States v. Leon d. Wolf v. Colorado
9. All warrants are to be based on:
a. a preponderance of the evidence. b. reasonable suspicion.
c. proof beyond a reasonable doubt. d. probable cause.
10. The Fourth Amendment regulates the actions of all of the following, except the:
a. Internal Revenue Service b. Secret Service
c. United Parcel Service d. Food and Drug Administration
11. The Supreme Court made the
exclusionary
rule applicable to the states, holding that “all evidence obtained by
searches and seizures in violation of the
Constitution
are by the same authority
inadmissible
in state court” in:
a. Mapp v. Ohio b. Weeks v. U.S.
c. United States v. Leon d. Wolf v. Colorado
12. What level of proof is required for a Terry stop?
a. reasonable suspicion b. probable cause.
c. preponderance of the evidence. d. no proof is required.
13. In Rochin v. California, the Supreme Court held that searches that are a violation of due process
and any evidence so obtained will, therefore, be inadmissible.
a. offend liberty b. violate privacy
c. show a heedless disregard for civil rights d. shock the conscience
14. When executing a search or arrest warrant, the common law rule is that for an entry into the home to be
constitutional, the police must first:
a. evacuate the immediate area.
b. knock and identify themselves and their purpose.
c. read the occupants their Miranda warnings.
d. obtain consent to enter.
15. All of the following are true of the exclusionary rule, except:
a. is used to
discourage
the police from violating a person’s
constitutional
rights.
b. is judge-made law.
c. excludes illegally obtained evidence from trial.
d. it provides for criminal sanctions against the officer.
16. Which of the following is insufficient to support probable cause?
a. physical evidence b. admissions
c. association with known criminals d. failure to protest arrest
17. In United States v. Banks, the Court held that officers must wait a reasonable amount of time after knocking and
before forcible entry and that, in this case, a wait satisfied the Fourth Amendment.
a. 1 to 2 minute b. 30 seconds to 1 minute
c. 15 to 20 second d. 5 to 10 second
18. “Where the facts and
circumstances
within the officers’
knowledge
and of which they had
reasonably
trustworthy
information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being
committed”
is the
Supreme
Court’s
definition
of:
a. reasonable suspicion b. probable cause
c. a preponderance of the evidence d. beyond a reasonable doubt
19. The exclusionary rule:
a. is a constitutional right under the Fourth Amendment
b. is a Congressionally created remedy
c. was promulgated by the Senate.
d. safeguards rights through its deterrent effect.
20. The doctrine states that evidence obtained as a result of an earlier illegality must be excluded
from trial.
a. prior taint b. attenuation of the taint
c. fruit of the tainted seizure d. fruit of the poisonous tree
21. The exception to the exclusionary rule that deems evidence admissible even if seized in violation of the Fourth
Amendment when it can be shown that the evidence would have been discovered through lawful means is:
a. harmless error doctrine b. good faith exception
c. inevitable discovery doctrine d. valid, independent source doctrine
22. The totality of the circumstances test made establishment of probable cause by use of easier for police.
a. warrantless investigative stops b. informants
c. victim reports d. articulable reasonable suspicion
23. Which of the following would not prove exigent circumstances to justify entry by police without first announcing
their presence and purpose?
a. A crime is in progress.
b. Illegal gambling is occurring at night.
c. Evidence would be destroyed
d. Making the officer’s presence known would endanger them.
24. Federal lawsuits against police are filed under Title 42 of U.S. Code, Section
1983—Civil
Action for Deprivation
of .
a. Equal Protection b. Due Process
c. Civil Rights d. Human Rights
25. Deterring government misconduct is the primary purpose of the:
a. good faith exception b. exclusionary rule
c. Supreme Court d. citizen review board
26. In Segura v. United States (1984), although evidence discovered during an illegal entry into an apartment was
excluded, evidence later found in the apartment with a warrant obtained with information totally unconnected with
the illegal entry was admissible under the:
a. valid, independent source doctrine b. confidential source doctrine
c. harmless error doctrine d. reliable informant exception
27. In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to cases involving admissibility
of:
a. spontaneous utterances
b. involuntary confessions
c. evidence that would have inevitably been discovered
d. evidence obtained with an invalid warrant
28. The exclusionary rule was established at the federal level in the 1914 case of:
a. Terry v. Ohio. b. Wolf v. Colorado.
c. Mapp v. Ohio. d. Weeks v. United States.
29. The is based on the belief that when an
officer—innocent
of
misconduct—lawfully
executes a
warrant, the possibility that the warrant itself was issued without sufficient probable cause should not withhold
valuable evidence from the trial.
a. harmless error doctrine b. inevitable discovery doctrine
c. good faith exception d. valid, independent source doctrine
30. The Constitution provides:
a. an absolute right to be free from government intrusion.
b. a right to be free from government intrusion unless a warrant has been issued.
c. a right to be free from unreasonable government intrusion.
d. a right against any form of intrusion by public or private parties.
31. Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom
they seek to arrest.
a. True
b. False
32. One
consideration
in determining whether a search or seizure is reasonable is whether a person’s reasonable
expectation of privacy has been violated by the government.
a. True
b. False
33. Furtive conduct may not be considered part of the totality of circumstances when establishing probable cause.
a. True
b. False
34. Evidence that has been seized illegally by an independently-acting private person and turned over to the police is
inadmissible in court as fruit of the poisonous tree.
a. True
b. False
35. The Miranda warning must be given during any stop.
a. True
b. False
36. Any intrusion on a person’s freedom, including
stop-and-frisk
situations, involves Fourth
Amendment
protections.
a. True
b. False
37. Probable cause can be established after a search or arrest is made.
a. True
b. False
38. Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to search
or arrest.
a. True
b. False
39. Airline employees inspecting luggage are not governed by the Fourth Amendment.
a. True
b. False
40. A private store detective can search a shopper without first obtaining a warrant.
a. True
b. False
41. The Fourth Amendment forbids searches and seizures.
42. A is a limited pat down search for weapons for the protection of the government agent and others.
43. The Fourth Amendment also requires that any search or arrest warrant be based on .
44. The Constitution does not provide an absolute right to be free from government intrusion, only
.
45. Issuing magistrates must be and detached.
46. Officers wanting to make an unannounced entrance to execute a warrant may request a warrant.
47. A is a brief detention of a person based on specific and articulable facts for the purpose of investigating
suspicious activity.
48. The law of was established in the landmark case of Terry v. Ohio.
49. Evidence seized in violation of a person’s
constitutional
rights is
prevented
from being admitted into court by the
.
50. The exception to the exclusionary rule referring to instances in which the preponderance of evidence suggests the
defendant’s
guilt and that the illegal evidence is not critical to proving the case is known as .
51. Explain reasonable suspicion.
52. Explain informational and observational probable cause.
53. Explain the law of stop and frisk and why it is needed.
54. Discuss the exclusionary rule.
55. Describe two exceptions to the exclusionary rule.
56. A taking by a government agent of contraband or evidence of a crime is a search.
a. True
b. False
57. An examination of a person, place, or vehicle for contraband or evidence of a crime is known as a seizure.
a. True
b. False
58. The Fourth Amendment forbids reasonable searches and seizures and requires that any search or arrest warrant
be based on probable cause.
a. True
b. False
59. The Fourth Amendment requires that all persons invading the reasonable expectation of privacy of another must
have a search warrant.
a. True
b. False
60. A private party can be considered a government agent covered by the Fourth Amendment if those of the search
and asks the private party to conduct the search.
a. True
b. False
61. The Supreme Court held that even when a private person opens a package and then reseals it, a DEA agent can
reopen the package to see what the private person saw without a search warrant in the case of:
a. United States v. Parker
b. United States v. Walther
c. Federal Express v. UPS
d. United States v. Jacobsen
62. The Supreme Court allowed United Parcel Service employees to open packages without a warrant to inspect
contents of the package for insurance purposes in the case of
a. United States v. UPS
b. United States v. Parker
c. United States v. Ross
d. Wolf v. Colorado
63. The Supreme Court ruled that an airline employee inspecting a
defendant’s
luggage was covered by the Fourth
Amendment in the case of
a. United States v. Ross
b. Wolf v. Colorado
c. United States v. Cleaveland
d. United States v. Parker
64. As stated in the case of United States v. Knights, the touchstone of the Fourth Amendment is
a. legal sufficiency.
b. expectations of police.
c. reasonableness.
d. safety.
65. The two approaches that have been used to determine reasonableness with respect to the Fourth Amendment are
the bright-line approach and the
a. blue-line methodology.
b. case-law approach.
c. case-by-case method.
d. common-law approach.
66. Reasonableness is determined by a specific rule applying to all cases in the .
67. The Constitution does not provide an absolute right to be free from government intrusion, but
only .
68. One of the earliest definitions of was that it means less than evidence which would justify
condemnation or conviction.
69. is not a mathematical formula, but looks at the facts available to a police officer to assess
whether the sum total would lead a reasonable person to believe what the police officer concluded.
70. must be established before a lawful search or arrest can be made, but not before a stop and
frisk.
71. You are the chief of police in your community and are quite concerned about a recent spike in criminal misconduct
in the east part of town. Community leaders are constantly calling your office to complain. You decide that you
should have a strong police presence on the streets and direct your officers to walk the beat in the east part of
town, rather than use patrol cars. You also direct your police officers to vigorously try to prevent crime by acting
proactively by stopping individuals who seem out of place or apprehensive when they see the police officer. As a
result, many of these contacts have resulted in stop and frisk activities by the police and crime has dropped
significantly in the east part of town. However, now you're getting calls from the same neighborhood asking why a
disproportionate number of minorities are being stop and frisked by the police. You have decided to meet with
the community leaders to answer this latest concern. What will you tell them?
72. You are a legislator and have been reading the paper about a notorious crime in the capital city. The defendant
was acquitted of the charges because her confession was determined inadmissible at trial due to a violation of the
defendant's rights. Like everyone else in the state, you are very angry about what has happened. You understand
the exclusionary rule, but feel that it simply goes too far and has let a terrible murderer free to walk the streets.
You have decided to come up with a state law to address this issue and make sure that this will never happen
again. Explain the nature of a state law that would address this issue, justify its use rather than the exclusionary
rule, and discuss any possible negative consequences that may result from its use.
73. You are a police officer investigating a double homicide. You have suspicion that a particular person may be
involved, but do not have probable cause. You follow the individual for several days without developing additional
incriminating evidence, but you are convinced the individual is guilty and may very well kill again. When the
suspect leaves his apartment, he leaves the front door unlocked. You open the door and see a gun on the coffee
table that matches the type forensics has determined fired the fatal bullets in the double homicide. There is no one
else in the apartment, so you leave and wait across the street. A few hours later, you see the suspect stumbling
towards his apartment, obviously under the influence of alcohol. You wait until he is at his front door and
approach him with the idea of arresting him for public intoxication after he opens the door. You do so and, as you
arrest the suspect, the gun is in plain view. Based on the arrest and the gun being in plain view, the evidence is
seized consistent with the law and will be instrumental in convicting the suspect. No one knows that you had
earlier entered the apartment without probable cause, which would render the search suspect and the evidence
likely excluded at trial. Does this raise an ethical issue for the police officer? If so, how should the police officer
deal with it?
74. You are a judge hearing a serious felony case involving receiving stolen goods. It appears that the police
mishandled the chain of custody for a vital piece of evidence. You could simply rule that it was a reasonable error
and the police officers acted in good faith, which would allow the evidence to come in. The defendant would likely
than face conviction of felonies in a sentence of between 15 and 25 years in prison. On the other hand, you are
tired of sloppy police work in the city Police Department. What will you do?
75. You are a new police officer riding with a senior sergeant on patrol. As you approach an older man who appears
to be down on his luck and wearing old, dirty clothes, the sergeant tells you to pull the car over. He gets out of the
car, grabs the disheveled man by the shoulders and pushes him into the nearby wall. He then, quite loudly,
demands the man tell him where his brother, a man wanted for many serious offenses, is living. The man
immediately gives your sergeant the address and the sergeant gets back into the car. As you drive away, you can
tell that the man on the street is slightly injured and terrified that you will return. You are successful in arresting the
suspect at the address. Your sergeant can tell that you are uncomfortable and tells you that you need to
understand how to talk to people in this neighborhood to get things done or police officers will be at risk. Do you
agree? Why or why not?
