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1. When the Supreme Court hears cases pertaining to search and seizures, they draw mainly on the ________Amendment.
a.
Fourth
b.
Fifth
c.
First
d.
Eighth
2. The Fourth Amendment specifically states that no warrants shall be issued but upon:
a.
Police discretion.
b.
Due process of the law.
c.
Probable cause.
d.
Legal authority of a law enforcement agent.
3. A government actor’s infringement on a person’s reasonable expectation of privacy is referred to as a:
a.
Warrant.
b.
Curtilage.
c.
Search.
d.
Seizure.
4. Any unoccupied or undeveloped real property outside the grounds attached to a home is referred to as:
a.
Curtilage.
b.
Open field.
c.
Abandoned property.
d.
Private property.
5. The court decision of California v. Ciraola (1986) established which legal standard?
a.
That the police do not need a search warrant to conduct flyover searches
b.
That collection of trash by police officers does not amount to a search
c.
That police searches of open fields must not include the curtilage
d.
That police do need a search warrant when conducting low-altitude searches but not high-altitude searches of
properties
6. A(n) _____________ occurs when a police officer takes a person into custody or deprives a person of freedom for
having allegedly committed a criminal offense.
a.
Arrest
b.
Search
c.
Warrantless search
d.
Seizure
7. A police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. What is this known
as?
a.
The hearsay rule
b.
In-presence requirement
c.
The fruit of the poisonous tree requirement
d.
Probable cause
8. The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant is known as:
a.
The hearsay rule.
b.
The in-presence requirement.
c.
The fruit of the poisonous tree requirement.
d.
Probable cause.
9. Which of the following is not legal grounds for a search warrant?
a.
Testimony of an informant whose information can be partially verified by police
b.
Testimony of a crime victim
c.
A stand-alone telephone tip
d.
Testimony of someone who has firsthand knowledge of the crime.
10. The Court's decision in Illinois v. Gates established which legal standard?
a.
The knock and announce rule
b.
The totality of circumstances test
c.
The plain view doctrine
d.
The plain feel doctrine
11. The requirement that a search warrant state precisely where the search is to take place and what items are to be seized
is referred to as the:
a.
In-presence requirement.
b.
Probable cause requirement.
c.
Particularity requirement.
d.
Neutral and detached requirement.
12. The two components of the stop-and-frisk are justified by, respectively:
a.
The need for crime prevention and detection and the need to protect the officer.
b.
The need to document reasonable suspicion and the need to establish probable cause for arrest.
c.
The need to establish police presence as a crime deterrent and the need to preserve potential evidence from
destruction.
d.
The need to document reasonable suspicion and the need to preserve potential evidence from destruction.
13. The Chimel doctrine pertains to which of the following types of warrantless searches?
a.
Field interrogations
b.
Automobile searches
c.
Consent searches
d.
Searches incident to a lawful arrest
14. What did the court forbid in Delaware v. Prouse regarding police practice during roadblock searches.
a.
The use of police canines to sniff the vehicles stopped at the roadblock
b.
The systematic stop and search of all vehicles at roadblocks
c.
The random stops of vehicles in the absence of any reasonable suspicion that a law has been violated
d.
The stops of vehicles for the driver’s driving under the influence
15. The situation in which police officers who are suspicious of an individual run their hands lightly over the suspect’s
outer garments to determine whether the person is carrying a concealed weapon was found constitutional in the court case
of:
a.
Terry v. Ohio (1968).
b.
Giever v. Heise (1977).
c.
Delaware v. Prouse (1981).
d.
Kent v. Bonds (1991).
16. A pretext stop one in which what happens?
a.
Police officers stop a car because they suspect the driver is involved in a crime but lack probable cause.
b.
Police officers have probable cause that a driver is involved in a crime.
c.
An undercover unit witnesses a driver committing a crime, such as a drug purchase, and a secondary vehicle
makes the stop.
d.
A car has multiple passengers, so a search is necessary for officer safety.
17. In Florida v. Bostick, the court concluded that evidence seized during bus sweeps was admissible in court:
a.
Provided that probable cause was first established.
b.
Because the passengers in a bus fall under the same expectations as those in any motor vehicle, as established
in Maryland v. Wilson.
c.
Because a bus may be considered a public place where no expectations of privacy exist.
d.
Provided that consent was given by the person whose belongings were searched.
18. Which of the following is true of plain view search and seizure?
a.
It may be based on reasonable suspicion.
b.
It must be based on probable cause.
c.
It is permissible only under the authority of a search warrant or arrest warrant.
d.
There are no restrictions on plain view search and seizures.
19. Which of the following searches falls outside of the protection of the plain view doctrine?
a.
Visually identifying a gun in a lawfully stopped vehicle
b.
The use of low-altitude helicopters to search open fields
c.
The use of high-altitude aircraft to search open fields
d.
The use of thermal imaging devices to search for marijuana in a suspect’s house or garage
20. Which of the following searches falls outside of the plain touch doctrine?
a.
Feeling a gun through a jacket during a pat-down search
b.
Feeling a bag of marijuana in a pocket during a pat-down search for weapons
c.
Feeling a brick of cocaine in a suitcase during a lawful bus sweep for immigrants
d.
All of these are lawful under the plain touch doctrine
21. The legal grounds that authorize wiretapping of any alien the government believes is a member of a foreign terrorist
group or is an agent of foreign power is called:
a.
The Terrorist Exemption Act (TEA).
b.
The Foreign Intelligence Surveillance Act (FISA).
c.
The Wiretap and Surveillance Protection Act (WASP).
d.
The Systematic Wiretapping and Eavesdropping Exemption Pact (SWEEP).
22. Which of the following is not mandated by Miranda v. Arizona (1966)?
a.
The right to remain silent
b.
The right to an attorney
c.
The right to face one’s accuser
d.
If a statement is made it can be used against you in court
23. Under the Riverside County v. McLaughlin ruling, how long can a person be detained without a court hearing?
a.
24 hours
b.
48 hours
c.
72 hours
d.
As long as necessary
24. The ruling that a suspect’s age factors into the Miranda custody analysis was established in which court case because
children may confess to crimes they did not commit at higher rates than adults.
a.
Mary Reed v. The State of West Virginia
b.
J.D.B. v. North Carolina
c.
Jessica Taylor v. South Carolina
d.
Berghuis v. Tennessee
25. Which of the following is true of the exclusionary rule?
a.
It does not apply to all state law enforcement authorities.
b.
It is a binding rule with no exceptions.
c.
It was applied to federal courts before state courts.
d.
It guarantees rights under the Fourth and Fourteenth Amendments.
26. The exclusionary rule has also been extended to include derivate, or secondary evidence, also called:
a.
Fruit of the poisonous tree.
b.
Good faith evidence.
c.
Inevitable discovery.
d.
Reverse protocol.
27. The principle that evidence may be used in a criminal trial even though the search warrant used to obtain it was
technically faulty, as long as the police acted without malice when they sought the warrant is called the:
a.
Good faith exception.
b.
Fruit of the poisonous tree exception.
c.
Inevitable discovery.
d.
Compassion rule.
28. The principle that a suspect can be questioned in the field without a Miranda warning if the information the police
seek is needed to protect public safety is called the:
a.
Miranda exclusion law.
b.
Public safety doctrine.
c.
Principle of least eligibility.
d.
Consent search doctrine.
29. Which of the following is not a condition necessary for a legal arrest?
a.
The officer believes that probable cause exists to show that a crime was committed.
b.
The suspect consents to an interrogation.
c.
The police officer deprives the individual of freedom.
d.
The suspect believes that he is in the custody of the police and not free to leave.
30. In addition to probable cause and a neutral and detached magistrate, which is the third key requirement for obtaining a
legal search warrant?
a.
Reasonable suspicion
b.
Consent
c.
Particularity
d.
First-hand knowledge
31. All of the following are procedural steps for serving a warrant except:
a.
Knock and announce.
b.
Using appropriate force.
c.
Bringing a representative of the media.
d.
Limiting the scope and manner of the search.
32. Officer Davis learns from an informant that a bank robbery suspect is hiding out in a local motel. Davis decides to go
investigate and apprehend the suspect. Time is of the essence and Davis does not get a warrant. By what phrase is this
known?
a.
Hot pursuit
b.
Threat to evidence
c.
Threat to others
d.
Danger of escape
33. The Miranda Rights establish which of the following?
a.
The right to remain silent
b.
The right to have an attorney present during questioning
c.
The stipulation that any statements made can be used in court
d.
All of the above
CASE 8.1
In the rural Appalachian Mountains, two locals are known as possible marijuana growers. The police have been
conducting surveillance on the two men for over six months and have found no visual evidence of the production or
possession of an illegal substance. Having exhausted all other avenues, answer the following questions to determine
the legality of the police activities.
34. The use of surveillance aircraft in a flyover is used and detects over five hundred marijuana plants growing in a field
next to the dwelling. This action is:
a.
Upheld by Oliver v. United States, which states that Fourth Amendment protection does not apply to open
fields.
b.
Illegal based on the court ruling of Pleasanton v. United States, which protects any adjacent fields or dwellings
with fifty yards of a residence.
c.
Legal because of the probable cause obtained by the flyover.
d.
Illegal based on the Terry v. Ohio court decision protecting curtilage.
35. The police surveillance team visually detect trash bags being left at the side of the road for the trashmen to pick up.
The police take the garbage and find large amounts of chemicals used for growing marijuana and marijuana as well. The
action is:
a.
Deemed illegal because this is an invasion of privacy based on the Fourth Amendment.
b.
Deemed illegal because the expectation of privacy extends to one’s belongings even when they are not in the
immediate area.
c.
Deemed legal based on the California v. Greenwood decision and upheld by the Supreme Court.
d.
Deemed legal because police have the right to go through garbage whenever and whenever it is detected.
CASE 8.2
Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh,
Pennsylvania. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding
eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five
minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario
above.
36. A pat down search of the outer garments of clothing of both gentlemen:
a.
Violates the Fourth Amendment since there is no probable cause.
b.
Is allowed because of the ruling determined in the Terry v. Ohio case.
c.
Is illegal because the suspects are under the age of 21.
d.
Is allowed because both men lose their right to privacy since they are in a public place.
37. If Officer Brooklyn finds weapons on both men and arrests them, she must next: A. Transport them to central booking.
a.
Transport them to central booking.
b.
Read them their Miranda Rights.
c.
Question them about their presence in the area.
d.
Notify their parents or guardians because of their ages.
38. If Officer Brooklyn, after arresting the suspects, searches the vehicle of the suspects this:
a.
Is allowed because the search was incident to an arrest.
b.
Is illegal based on the fruit of the poisonous tree doctrine.
c.
Is permissible because of probable cause requirements.
d.
Is illegal based on the ruling in Weeks v. United States.
39. If the convenience store employees are later called to the station to identify the suspects based upon speculation of
their involvement in the robbery of the store months ago, the suspects have the right to:
a.
Decline being part of the lineup.
b.
Have counsel present.
c.
Have a parent or guardian present.
d.
Nothing; their rights are surrendered.
40. Aguilar v. Texas (1964) articulated a two-part test for issuing a warrant on the word of an informant.
a.
True
b.
False
41. Stop and frisk requires one factual basis
a.
True
b.
False
42. Courts have ruled that as long as there is a legal basis for making an arrest, officers may do so, even in cases in which
they are motivated by a desire to gather evidence of other suspected crimes.
a.
True
b.
False
43. The Federal Wiretap Act and The Foreign Intelligence Surveillance Act are the laws on surveillance.
a.
True
b.
False
44. Neither a search warrant nor an arrest warrant can be issued without the signature of a neutral magistrate or judge.
This is referred to as the “probable cause” requirement.
a.
True
b.
False
45. In recent years, the Supreme Court has taken a reduced role in answering questions concerning the collection of
evidence and criminal prosecution.
a.
True
b.
False
46. As a private citizen, a person could enter someone else’s property and search for contraband without triggering Fourth
Amendment prohibitions.
a.
True
b.
False
47. Police can conduct a search based on an anonymous tip, such as one that is given via telephone.
a.
True
b.
False
48. If a warrant is issued in violation of the particularity clause, the ensuing search is invalid even if the officers actually
exercise proper restraint in executing their search.
a.
True
b.
False
49. Exigent circumstances in which a search warrant is not required may include hot pursuits, escapes, and threats to
evidence.
a.
True
b.
False
50. Terry v. Ohio (1968) shaped the contours of the law allowing stop and frisks.
a.
True
b.
False
51. In Colorado v. Spring (1987) the court ruled that suspects need not be aware of all the possible outcomes of waiving
their rights for the Miranda warning to be considered properly given.
a.
True
b.
False
52. The accused has the right to have counsel present at a police lineup
a.
True
b.
False
53. In 1961, the courts made the exclusionary rule applicable to the state courts in the landmark decision of Mapp v. Ohio.
a.
True
b.
False
54. Evidence obtained with a less than adequate search warrant may be admissible in court if the police officers acted in
good faith when obtaining court approval for the search.
a.
True
b.
False
55. Suspects subjected to custodial interrogation do not have to be advised of their Fifth Amendment privilege against
self-incrimination.
a.
True
b.
False
56. Aerial flyover of a property does not constitute a search, according to the U.S. Supreme Court.
a.
True
b.
False
57. An anonymous tip reporting illegal activity received via telephone, without further corroboration, is grounds for
obtaining a search warrant.
a.
True
b.
False
58. The commission of a crime in an officer’s presence usually negates the requirement for an arrest or search warrant.
a.
True
b.
False
59. In the interest of officer safety, there are some exceptions to the “knock and announce” rule.
a.
True
b.
False
60. During the service of a search warrant, contraband not listed in the warrant can be legally seized, as long as it is in
plain sight.
a.
True
b.
False
61. The Terry v. Ohio case established that it is legal for a police officer to pat down a suspect to check for weapons even
if they do not have probable cause to arrest the suspect.
a.
True
b.
False
62. The legality of a search conducted incident to a lawful arrest is almost entirely contingent upon the legality of the
arrest itself (i.e., if the arrest is invalidated, so is the search).
a.
True
b.
False
63. If a suspect asserts their Miranda Rights during interrogation and tells the police he or she wants an attorney,
questioning may continue until the attorney arrives.
a.
True
b.
False
64. Once asserted by a suspect, the Miranda Rights are absolute and cannot be waived.
a.
True
b.
False
65. Under the public safety doctrine, a suspect can be questioned in the field without being read their Miranda Rights.
a.
True
b.
False
66. If a suspect simply remains silent, this means they have asserted their Miranda Rights.
a.
True
b.
False
67. The exclusionary rule applies to physical evidence as well as confessions.
a.
True
b.
False
68. The requirement that a search warrant state precisely where the search is to take place and what items are to be seized
is referred to as ____________________.
69. A _________ is one in which police stop a car because they suspect the driver is involved in a crime such as drug
trafficking, but, lacking probable cause, they use a rationale such as a minor traffic violation to stop the car and search its
interior.
70. The ____________________ is the principal means used to restrain potentially overzealous police conduct.
71. The earliest and most widely used form of electronic surveillance is ____________________.
72. Evidence obtained with a less than adequate search warrant may be admissible in court if the police acted in
___________ when obtaining court approval for their search.
73. ____________________ refers to the process of creating an administrative record of an arrest.
74. ________________ refers to the grounds or fields attached to a house or property.
75. A government actor’s infringement on a person’s reasonable expectation of privacy is considered a
_______________.
76. __________________ is determined by whether a police officer has objective, reasonable, and reliable information,
based on fact that the person under investigation has committed or was committing an offense.
77. The Supreme Court’s decision in Arizona v. Johnson combined the issue of stop and frisk to include
__________________.
78. The requirement that when a person is interrogated during custody, police inform the individual of the right to remain
silent, the consequences of failing to remain silent, and the constitutional right to counsel is referred to as the
________________.
79. Placing a suspect in a group of people for the purpose of being viewed and identified by potential witnesses is referred
to as a _________________
80. There are two key components of the Fourth Amendment pertaining to search and seizure. These components are
referred to as the ______________ clause, and the __________________ clause.
81. Officer Thompson is working undercover to identify and arrest drug dealers. After doing business with the same
dealer repeatedly, Thompson comes to believe that this individual has a large stash of cocaine at their home. Thompson
goes before a judge and gets a warrant based
on his word that the defendant is a drug dealer and that they have had multiple transactions. This is an example of
______________________.
82. Suppose a police officer becomes involved in a shootout with a suspect. If the suspect retreats into his house, the
officer is allowed to enter the house without a warrant based on the concept of _______________________.
83. There is no right to counsel under ____________ lineups.
84. The Supreme Court has taken an active role in determining the legality of police operations and has sought to balance
the law enforcement officer’s need for freedom to investigate with the citizen’s constitutional rights. Discuss this balance,
using three case examples as illustration.
85. Define what is meant by a search warrant and what is meant by an arrest warrant and discuss the primary differences
between the two.
86. Explain the constitutional requirements for stop-and-frisk searches.
87. Discuss the plain view doctrine and provide three original examples of a lawful warrantless search that falls under this
doctrine.
88. Explain the constitutional rights that must be covered in the Miranda warning. Discuss recent changes in the Miranda
rule.
89. Discuss the general criteria used to judge the suggestiveness of a pretrial identification procedure.
90. Review the legal aspects of the exclusionary rule, limitations that began to be applied to it in the 1980s, and its future.
Do you believe the exclusionary rule plays an important role in the U.S. criminal justice system? Why, or why not?
91. Explain the rules for serving warrants. What are some common misconceptions?
92. Explain some of the benefits and pitfalls in using information obtained from informants to procure search warrants.
93. Surveys have revealed that 60% of police chiefs are in agreement that Miranda Warnings are beneficial and should not
be rescinded by the courts. It has also been suggested that Miranda warnings “handcuff” the police. To which point of
view do you subscribe, and why?
94. In light of the 9/11 attacks, are you in favor of the increased flexibility the court has extended to the FBI to conduct
wiretaps? Do you think such wiretaps are ethical?
95. Under what conditions can an automobile be searched?
