Criminal Law Chapter 2 The Defendant Pled Guilty Before Trial The

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Student name:__________

1) Explain how the laws of arrest and search and seizure flow from the Bill of Rights.

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2) Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants

in criminal cases.

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3) What are the benefits to a police officer and the case if an arrest is made under the

authority of a warrant?

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4) List the requirements of a valid arrest warrant.

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5) Is a “John Doe” arrest warrant valid under any circumstances? Explain.

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6) Define and describe “probable cause.”

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7) What is the Exclusionary Rule, and how did it evolve?

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8) Describe the “Silver Platter” Doctrine. Is it still followed? Why or why not?

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9) What limitations have judicial cases placed on the search of a motor vehicle incident to a

lawful arrest?

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10) What is meant by a plain view seizure, and what are the requirements for conducting such

a seizure by a law enforcement officer?

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11) Explain the “fruits of the poisonous tree” doctrine.

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12) Among the many unanswered questions created by the Mapp v. Ohio decision, the crucial

question revolved around the definition of the word “_________blank.”

12) ______

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13) A(n)_________blank is a written order, in the name of the state, signed by a judicial

officer, exercising proper authority, and directing a law enforcement officer to search for certain

specific property and bring it before the court.

13) ______

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14) A(n)_________blank must particularly describe the place to be searched. Although the

Constitution does not define “particularly,” the description must be sufficient to distinguish the

place from all others.

14) ______

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15) If the affidavit and search warrant are for the search and seizure of_________blank, the

search can be pretty extensive. It is permissible to search closets, under beds, in dresser drawers,

in medicine cabinets, and in kitchen cupboards.

15) ______

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16) In_________blank, the Supreme Court ruled that violation of the knock and announce

requirement for the service of a search warrant will no longer result in the suppression of

evidence found during the execution of the search warrant.

16) ______

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17) In 1969, the United States Supreme Court limited the scope of a search when it ruled

in_________blank that a warrantless search of the defendant’s entire house, following his lawful

arrest in the house on a burglary charge, was unreasonable.

17) ______

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18) The Supreme Court ruled in the 1981 case of_________blank that when a police officer

makes a lawful custodial arrest of the occupant of an automobile, the officer may search the

vehicle’s passenger compartment as a contemporaneous incident of arrest. It does not include the

trunk.

18) ______

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19) In_________blank, the Supreme Court held that law enforcement officers may enter a

home without a warrant when there is an objectively reasonable basis to believe that an occupant

is seriously injured or imminently threatened with serious injury.

19) ______

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20) A(n)_________blank search is done for the purpose of protecting the property of the

person arrested and documenting what was found with a receipt given to the person arrested. In

this manner, law enforcement can prevent accusations of stealing an offender’s money or

property.

20) ______

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21) Terry v. Ohio allows for the_________blank of the outer clothing of a suspect for a

weapon if the officer is concerned about his own safety.

21) ______

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22) The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a

person to identify himself when so requested during a(n)_________blank stop. Twenty states

have this identification requirement.

22) ______

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23) The_________blank doctrine provides that evidence obtained from an unreasonable

search and seizure cannot be used as the basis for learning about or collecting new admissible

evidence not known about before.

23) ______

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24) Which of the following statements is true about substantive criminal law?

24) ______

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A) It deals with those elements that describe and define a crime.

B) It involves understanding how things need to be done with the people involved in an

investigation, be it a victim, a witness, an informant, or a suspect.

C) It defines what can and cannot be done with, or to, people.

D) It changes much more rapidly than procedural criminal law.

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25) Procedural law deals with all of the followingexcept _________blank.

25) ______

A) process of arrest

B) admissibility of evidence

C) search and seizure

D) proof of a crime

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26) In the context of the Bill of Rights, which of the following statements is true about

Amendment X?

26) ______

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A) It recognizes that the powers not delegated to the United States by the Constitution,

nor prohibited by it to the states, are reserved to the states respectively, or to the people.

B) It recognizes that the enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.

C) It recognizes that excessive bail shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted.

D) It recognizes that no soldier shall, in time of peace be quartered in any house, without

the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

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27) Identify a true statement about the landmark 1963 case ofBrady v.Maryland.

27) ______

A) The Court held that if there was sufficient probable cause to get a warrant, but,

because the vehicle was moveable, it might be gone if time were taken to get a warrant, a

warrantless search was justified.

B) The defendant urged the Supreme Court to declare that the due process clause of the

Fourteenth Amendment incorporated all the guarantees of the first eight amendments to the Bill

of Rights.

C) The U.S. Supreme Court ruled that the suppression of any evidence by the prosecution

favorable to the accused violates the premise of fundamental fairness through the due process

clauses of the Fourth and Fourteenth Amendments of the Constitution.

D) The U.S. Supreme Court held that the state court judges were free to determine the

reasonableness of searches but that in making those determinations they would now be guided by

the same standards as had been followed in the federal courts.

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28) The concept of_________blank within the Fifth Amendment has long been the subject of

judicial controversy and has no universally accepted definition.

28) ______

A) substantive proof

B) Brady violation

C) due process

D) shorthand doctrine

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29) In which of the following types of crimes is a warrant with the alias “John Doe,” based on

a suspect’s DNA profile, most likely to be issued?

29) ______

A) rioting and vandalism

B) drunk driving or speeding

C) minor felony

D) sex crime or a homicide

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30) Identify the 1884 case where the defendant urged the Supreme Court to declare that the

due process clause of the Fourteenth Amendment incorporated all the guarantees of the first eight

amendments to the Bill of Rights.

30) ______

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A) Sibron v. New York

B) Hudson v. Michigan

C) Chimel v. California

D) Hurtado v. California

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31) The ingredients of an arrest include all of the followingexcept _________blank.

31) ______

A) force

B) intention

C) authority

D) custody

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32) _________blank is a temporary and limited interference with the freedom of a person for

investigative purposes.

32) ______

A) An arrest

B) A detention

C) An affidavit

D) Charging

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33) The “stop-question-and-frisk” program was built around the landmark 1968 court cases

of_________blank, in which the Supreme Court granted approval to frisks conducted by officers

lacking probable cause for an arrest to search for weapons.

33) ______

A) Wolf v. Colorado, Mapp v. Ohio, and Hudson v. Michigan

B) Terry v. Ohio, Sibron v. New York, and Peters v. New York

C) Herring v. United States, Weeks v. United States, and Ker v. California

D) Chimel v. California, Maryland v. Buie, and Muehler v. Mena

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34) A judicial order commanding a person to whom it is issued or some other person to bring

a person promptly before a court to answer a criminal charge is

34) ______

A) an arrest warrant.

B) an affidavit.

C) a court order.

D) All of the answers are correct.

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35) Which of the following isnot usually required to be in the contents of a valid arrest

warrant?

35) ______

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A) the authority under which the warrant is issued

B) the identity of the person to be arrested

C) the designation of the offense

D) the authority to search the person arrested

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36) A written statement of the information known to the officer that serves as the basis for the

issuance of a warrant is

36) ______

A) an arrest warrant.

B) an affidavit.

C) a court order.

D) All of the answers are correct.

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37) A “John Doe” warrant is valid

37) ______

A) if a crime has been committed.

B) if there is a particular description of the perpetrator but the person’s name is not

known.

C) in all cases.

D) only at the federal level.

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38) _________blank is defined as suspicion plus facts and circumstances that would lead a

reasonable person exercising ordinary caution to believe that a crime has been, is being, or is

about to be committed.

38) ______

A) In-presence arrest

B) Probable cause

C) Investigative detention

D) The requirements of an arrest warrant

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39) Which of the following can be used to establish probable cause?

39) ______

A) personal knowledge of the investigator

B) mere suspicion

C) crime rates

D) location of the suspect

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40) Until 1914, federal law enforcement officers conducting an illegal search that produced

incriminating evidence were allowed to use that evidence in court. What happened that changed

the use of illegal evidence by federal officers?

40) ______

A) The president of the United States signed an order prohibiting its use.

B) J. Edgar Hoover, Director of the FBI, signed an executive order prohibiting the use of

illegally obtained evidence.

C) Mapp v. Ohio forbids the use of illegally obtained evidence by federal officers.

D) Weeks v. United States forbids the use of illegally obtained evidence by federal

officers.

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41) Circumventing the intent ofWeeks v.United States whereby federal officers received

illegally obtained evidence from state officers and used it in federal court was referred to as

41) ______

A) the “fruits of the poisonous tree” doctrine.

B) the “unreasonable search” doctrine.

C) the “Silver Platter” Doctrine.

D) None of the answers is correct.

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42) Which of the following cases established the rule that any evidence unreasonably

searched and seized could no longer be admissible in any court?

42) ______

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A) Weeks v. Ohio

B) Roe v. Wade

C) Mapp v. Ohio

D) Gideon v. Wainwright

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43) Which of the following isnot an exception to the legal requirement of having a warrant to

conduct a search and seizure?

43) ______

A) with consent

B) incident to an unlawful arrest

C) when exigent circumstances exist

D) to conduct an inventory

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44) The_________blank exception recognizes that a warrantless entry by law enforcement

officials may be legal when there is a compelling need for official action and no time to get a

warrant.

44) ______

A) emerging situational need

B) emergency situational requirement

C) exigent circumstances

D) emergency exigent circumstances

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45) When police officers routinely cuff occupants of a house during execution of a search

warrant, it is not considered an arrest but rather a_________blank.

45) ______

A) seizure

B) detention

C) preponderance of the evidence

D) removal

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46) InCarroll v. United States, the Court created the_________blank rule.

46) ______

A) “moveable vehicle”

B) “privileges and immunities”

C) “Brady material”

D) “field interrogation”

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47) In 2005, in_________blank, the Supreme Court held that officers executing a search

warrant of a house seeking weapons and evidence of gang membership in the wake of a drive-by

shooting acted reasonably by detaining the occupants of the house in handcuffs during the

search, especially since there were only two officers to watch over four people.

47) ______

A) Hudson v. Michigan

B) Mapp v. Ohio

C) Terry v. Ohio

D) Muehler v. Mena

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48) Which of the following isnot a requirement for a plain view search to be legal?

48) ______

A) Officer is where he has a legal right to be.

B) Evidence is easily seen.

C) Evidence is inadvertently discovered.

D) Evidence is found after a limited search.

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49) The landmark Supreme Court ruling that allows stop and frisk procedures

is_________blank.

49) ______

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A) Miranda v. Arizona

B) Terry v. Ohio

C) Mapp v. Ohio

D) Escobedo v. Day

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50) InMinnesota v. Dickerson, why was the defendant not convicted?

50) ______

A) The officer felt a substance in the suspect’s pocket, subsequently determined to be

cocaine, during a pat down and manipulated it to determine what it was.

B) The defendant pled guilty before trial.

C) The judge declared a mistrial.

D) The charges were dropped by the prosecutor before trial.

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51) Evidence obtained from an unreasonable search and seizure cannot be used as the basis

for learning about or collecting new admissible evidence not known about before is

the_________blank.

51) ______

A) “bad evidence” doctrine

B) “fruits of the poisonous tree” doctrine

C) “illegal seizure” doctrine

D) “unreasonable search” doctrine

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52) According to the courts, any new evidence seized resulting from unreasonably seized

evidence is also tainted and is not admissible in court. This is based on the_________blank.

52) ______

A) “bad evidence” doctrine

B) “fruits of the poisonous tree” doctrine

C) “illegal seizure” doctrine

D) “unreasonable search” doctrine

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53) Procedural law deals with processes of arrest, search and seizure, interrogations,

confessions, admissibility of evidence, and testifying in court and therefore changes less

frequently than does substantive law.

53) ______

⊚ true

⊚ false

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54) Final ratification of the Constitution of the United States was delayed because some

states wanted guarantees that individual liberties would be safeguarded from potential oppression

by the newly formed government. These guarantees came in the form of the first ten amendments

to the Constitution known as the Bill of Rights.

54) ______

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⊚ true

⊚ false

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55) The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee

the freedoms and equal protection of the laws for all citizens, especially the former slaves.

55) ______

⊚ true

⊚ false

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56) A “Brady violation” committed by police officers and detectives while gathering

evidence in a criminal case can lead to dismissal of the criminal case and civil (U.S. Code 42,

Section 1983) cases brought against the individual prosecutor, the police department, and the

officer for violation of the suspect’s constitutional rights.

56) ______

⊚ true

⊚ false

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57) TheHurtado v. California case attempted the process of the “shorthand doctrine,” but

instead ratified the “fruits of the poisonous tree” doctrine.

57) ______

⊚ true

⊚ false

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58) Formally charging a suspect with a crime does not automatically flow from an arrest.

58) ______

⊚ true

⊚ false

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59) The preferred method of effecting an arrest is under the authority of a warrant.

59) ______

⊚ true

⊚ false

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60) The two major benefits derived from securing prior judicial approval for arrests are that

the approval relieves the law enforcement officer of the burden of proving the legality of the

arrest and it provides for automatic approval of evidence to be used during the trial for the crime

the person was arrested for.

60) ______

⊚ true

⊚ false

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61) Legally, there is no difference between an arrest and a detention.

61) ______

⊚ true

⊚ false

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62) An offense committed in the presence of an officer can be the basis of an arrest without a

warrant. “In the presence of” includes the use of any or all of the five senses—sight, hearing,

taste, touch, or smell.

62) ______

⊚ true

⊚ false

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63) The law allows an officer to make warrantless arrests in felony cases provided reasonable

grounds or probable cause exists to make the arrest.

63) ______

⊚ true

⊚ false

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64) Probable cause is a difficult term to define because in no two instances are circumstances

identical.

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64) ______

⊚ true

⊚ false

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65) An acceptable definition of probable cause is that it is more suspicion than actual

knowledge.

65) ______

⊚ true

⊚ false

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66) A vehicle search is not reasonable if conducted pursuant to stopping a vehicle for a traffic

violation and writing a citation.

66) ______

⊚ true

⊚ false

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Answer Key

Test name: chapter 2

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