What specific legislation authorizes courts to conduct closed reviews of surveillance
materials?
a. The Foreign Intelligence Surveillance Act (FISA)
b. Stored Communications Act (SCA)
c. Electronic communications Privacy Act (ECPA)
d. Freedom of Information Act (FOIA)
_____ is an unconscious process that concerns the acquisition, retention, and recall of
past experience.
a. Memory
b. Sensation
c. Perception
d. Cognition
The primary justification for the plain view doctrine is to reduce the risk of destruction
of evidence and inconvenience for the police.
a. True
b. False
An officer observes an individual talking with known drug addicts over a period of
several hours. The officer eventually approaches the individual and pulls illegal drugs
out of the suspect’s pocket after the suspect has thrust his hand into his pocket first. The
officer testifies that he never saw nor believed that the suspect had a weapon. What
position would the courts most likely take pertaining to this seizure?
a. uphold the search as legal
b. throw out the search as an illegal seizure
c. look at the totality of the circumstances including the suspect’s prior record
d. none of these
The initial stages of a frisk must be limited to _____.
a. the existence of probable cause.
b. a pat-down of the outer clothing.
c. a search of pockets or other holding” devices.
d. nothing except for a strip search.
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 specifically
exempts _____ from the warrant requirement.
a. buildings
b. cell phones
c. tone-only pagers
d. answering machines
A police officer has arrested a man for unlawful possession of narcotics. The arrestee is
carrying a suitcase. The officer removes the suitcase from the arrestee’s possession and
transports the arrestee and the suitcase to the police station. An hour later, after booking
the arrestee, how should the officer treat the suitcase?
a. the officer may search the suitcase only with a warrant.
b. the officer may search the suitcase without a warrant as incident to the arrest.
c. the officer may search the suitcase without a warrant only if there is additional
justification that it contains narcotics.
d. the officer may never search the suitcase.
An officer has made a lawful arrest of a suspect in the suspect’s home based on a
warrant for the crime of fraudulent and worthless check writing. While waiting for the
arrestee to phone his wife, the officer notices an envelope lying on the kitchen table.
The officer opens the envelope and discovers several checks, which the officer
recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or
has been violated)?
a. prior valid intrusion
b. inadvertent discovery
c. probable cause item subject to seizure
d. no unreasonable intrusion on privacy
Select the statement that reflects the Court’s ruling in Chimel v. California.
a. an officer may search the person arrested and the area into which he could reach for a
weapon without additional justification.
b. an officer needs additional articulable suspicion that the arrestee is armed in order to
search the arrestee for weapons.
c. an officer needs additional reasonable suspicion to search the area into which an
arrestee could reach for a weapon.
d. an officer may without additional justification search the person arrested, but a search
of any other area requires additional justification.
The exacting process of computer forensic examination includes _____.
a. read protecting the device
b. connecting the computer to a network
c. imaging the hard drive
d. deconstructing the hard drive
The right to be free from excessive bail is guaranteed by the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Tenth
Under what circumstance does the open fields doctrine allows police officers to search
for and seize evidence in the open fields?
a. if they have probable cause that the items are concealed within the curtilage
b. if they have a warrant, probable cause or some other justification
c. with a warrant or probable cause, having reasonable suspicion
d. without a warrant, probable cause, or any other justification
The American Bar Association recommends that lineups and photo arrays should be
double-blind, meaning that the suspect and the foils should not be able to see the
identity of the witness.
a. True
b. False
A search warrant commands that the officer bring any seized property before the
judicial authority named in the warrant.
a. True
b. False
Warrantless police actions are presumed to be unreasonable unless based on probable
cause.
a. True
b. False
When is consent will generally be held to be involuntary?
a. the consenter is the subject of an investigative stop.
b. the consenter is under arrest.
c. the consenter is the subject of an illegal arrest.
d. the consenter is the subject of a full search.
The basic open fields doctrine as stated by the Court in the Hester case is that Fourth
Amendment protections _____.
a. do not extend to the open fields
b. encompass the open fields unless they are posted against trespass
c. prevent officers from trespassing outside the curtilage
d. prevent officers from trespassing into open fields
Following a murder, the police conduct an extensive four-day search for evidence at the
scene (the murder victim’s apartment). The apartment is also occupied by other people.
There was no emergency beyond the murder, and all occupants were safe. Police
discover evidence of the crime. Given this scenario, select the most appropriate
statement.
a. The evidence is inadmissible since the officers should have gotten a warrant.
b. The officers may, without more, seize the items under plain view.
c. The officers may assume that the victim would consent to a search of the entire
premises.
d. The officers may, without more, seize the items as incident to an arrest they hope to
make.
Age, mental capacity, and similar characteristics are only relevant in _____.
a. establishing a setting in which actual coercion might have been exerted to overcome
the will of the suspect
b. determining whether or not the person is even competent to sign a Miranda waiver
c. identifying who else should or should not be allowed to be present during questioning
d. assisting police in determining what type of tactics will be useful in questioning a
suspect
The Sixth Amendment provides a right to be represented by counsel only in criminal
prosecutions that may result in imprisonment.
a. True
b. False
Write the definition of ‘search”. Write the definition of ‘seizure”. Demonstrate how there
might be a search without a seizure and vice versa.
Answer:Answers will vary.
Select the true statement regarding federal sentencing guidelines.
a. They are mandatory in all federal cases.
b. They are advisory in all federal cases.
c. They are mandatory in federal felony cases, but advisory in federal misdemeanor
cases.
d. They are mandatory in cases where a judge resolved a question of fact.
Law enforcement officers may make warrantless observations into constitutionally
protected areas such a home or the curtilage without entering the constitutionally
protected area. Given this scenario, select the true statement.
a. Any observation made cannot violate the reasonable expectation of privacy of the
person whose premises or activities are being observed.
b. These plain view observations cannot independently provide the necessary probable
cause to obtain a warrant.
c. These observations can be made from the open fields or a public vantage point, but
not from the air.
d. These observations can be made from the public vantage point or from the air, but
not from open fields.
For a search of a probationer’s home by a probation officer to be considered an
administrative search and not a criminal search, _____.
a. the probation officer must have probable cause to believe that a crime was committed
b. the probation officer must be pursuing probation-related objectives and not acting on
behalf of the police
c. the probation officer must have an exact idea of what he or she is looking for and
what crime has been committed
d. the search must have been prompted by information personally observed by the
probation officer
Curtilage is usually defined by property boundary lines.
a. True
b. False
A formal arrest occurs when a person is _____.
a. detained, however briefly, for any reason
b. taken into custody to answer for a criminal charge
c. stopped and frisked
d. booked
A commercial airline has called the police to report that they opened some unmarked,
lost luggage to determine the owner and inside it they discovered a small amount of
what appears to be cocaine hidden amongst the underwear. The police arrive to find that
the luggage is in the manager’s office but the luggage is now closed. To have a lawful
seizure, the officers _____.
a. must get a warrant to open it again
b. must have a trained dog react to the luggage to reopen it
c. must have the manager reopen it
d. may immediately open the luggage themselves
A police officer has arrested a woman in her car for driving while intoxicated. What
may the officer search incident to the arrest:
a. the officer may search the passenger compartment of the car and any open or closed
containers therein, as well as the arrestee.
b. the officer may search the passenger compartment of the car and any open containers
therein but not the closed containers.
c. the officer may search the passenger compartment of the car but none of the
containers without a warrant.
d. the officer may not search in the car.
When school administrators search for contraband in the schools, it is important to
remember that the Fourth Amendment applies, but the warrant requirement does not.
a. True
b. False
The prior valid intrusion requirement means that the officer must have lawfully arrived
at the place from which (s)he perceived the item to be seized.
a. True
b. False
A police officer who detains a person must have _____ supported by articulable facts
that criminal activity may be afoot.
a. probable cause
b. reasonable suspicion
c. color of authority
d. legal ground
Law enforcement authorities, rather than simply seizing the contraband, often make a
so-called _____ delivery of the container, monitoring the container on its journey to the
intended destination. Then they can identify the person dealing in the contraband when
the person takes possession of and asserts control over the container.
a. commercial
b. government
c. controlled
d. monitored
Before the enactment of the _____, interception orders for wire communications in
computer hacking investigations were not permitted.
a. Omnibus Crime Control and Safe Streets Act of 1968
b. FISA
c. Violent Crime Control and Law Enforcement Act of 1994
d. USA PATRIOT Act
Which statement about the opinion of the Court in Safford Unified School District v.
Redding (2009) is true?
a. The Court ruled that the definition of a ‘strip search” includes who was looking and
how much was seen.
b. The Court ruled that the school officials exceeded the scope of a reasonable search.
c. The Court ruled the strip search to be unconstitutional.
d. The Court ruled that, in this instance, there was no strip search.
Many states and the federal government have rules prohibiting ______________ by law
enforcement officers. Many states require law enforcement agencies to collect statistical
data on the race and ethnicity of persons pulled over for traffic stops.
Explain the importance of the concept of “flight” ” both in terms of establishing
reasonable suspicion and in the context of making a determination about whether a
person has been seized or not.
Answer:answers will vary
Provide a definition of “custody.”
Answer:Answers will vary.
When one party to a communication consents to the interception of the communication,
neither Title III of the Wiretap Act nor the Fourth Amendment prevents the use of the
communication in court against another party to the communication. This is called
__________.
A law enforcement officer may detain property for a brief time if the officer has a
______________ that the property contains items subject to seizure.
What is the difference between a frisk and a full search?
Answer:answers will vary
The term __________ means an interrogation of a suspect cut off from the rest of the
world in a police-dominated atmosphere. It often results in self-incriminating
statements being made without full warnings of constitutional rights.
Explain how trickery and deception can be used by the police and how they might
affect voluntariness.
Answer:Answers will vary.
The judge provides guidance to the jury after the closing arguments have been made.
The judge may summarize the evidence for the jury members, help them recall details,
and attempt to reduce complicated evidence into its simplest elements. This information
is referred to as __________.
A criminal informant’s ________is never presumed but must be established, usually by
demonstrating the informant’s track record of having given accurate information in the
past.
Explain the evolution of the “exigent circumstance” requirement of the Carroll
doctrine. Why was the requirement abandoned?
Answer:Answers will vary.
Describe the distinctions between a stop and a formal arrest.
Answer:answers will vary
What is meant by the “curtilage” around a home? Briefly explain what is meant by
appurtenant property.
Answer:Answers will vary.
The U.S Supreme Court has found that warrantless police surveillance from the air of
curtilage __________ the Fourth Amendment.
Law enforcement officers who are lawfully on a premise in _______ of a fleeing
suspect may seize items of evidence observed open to their view.
The Supreme Court of the 1960s made policing the police, as well as state courts, a
distinctly federal concern. Today, we refer to this shift in policy as the
_____________________ revolution of the 1960s.
Federal law and the law of all fifty states provide for the collection of __________
samples from criminal offenders.
The fundamental privileges and freedoms enjoyed by U.S. citizens are commonly
referred to as _____________________.