Which of the following is a true statement about searches of a companion of an arrested
person?
a. All courts allow an immediate frisk for weapons of the arrestee’s companions without
any further justification.
b. Some courts follow the automatic companion rule, whereas other states require
reasonable suspicion that the companion is armed and dangerous.
c. Some courts follow the automatic companion rule, whereas other states require
probable cause that the companion is armed and dangerous.
d. States that require a level of suspicion justifying a search of a companion have
established a precise test for establishing suspicion.
In general, the search of an arrestee’s vehicle located a substantial distance from the
doorstep of his home where he was arrested could not be justified as a search incident
to arrest.
a. True
b. False
If a car is readily mobile and probable cause exists to believe it contains contraband, the
Fourth Amendment permits police to search the vehicle without additional justification.
a. True
b. False
Which doctrine allows the Supreme Court to determine if a law violates the
Constitution?
a. habeas corpus
b. posse comitatus
c. certiorari
d. judicial review
In some situations, a second trial for the same offense is permitted.
a. True
b. False
When a court must consider whether a particular seizure or frisk is reasonable or
unreasonable, the court considers the inquiry from which perspective?
a. the citizen involved.
b. the reasonable person.
c. the average officer.
d. the individual officer involved.
A _____ wiretap allows for interception of a particular suspect’s communications
wherever they are made, dispensing with the normal requirement that interceptions be
limited to a fixed location.
a. geographical
b. roving
c. non-specific
d. roaming
Based on the totality of circumstances, which of the following factors is not generally
considered in an inquiry determining whether or not a ‘seizure” has occurred?
a. whether the officer displayed a weapon
b. the number of officers involved
c. whether the officer involved was undercover or in uniform
d. the language used and the tone of voice of the officer during the interaction
Petit juries are normally comprised of twelve people, although petit juries as small as
six people may be constitutionally permissible.
a. True
b. False
Suspects who are interrogated without being Mirandized first _____.
a. may have the evidence ruled inadmissible, but will not be able to win a Section 1983
civil rights lawsuit
b. may have the evidence ruled inadmissible and may be able to win a Section 1983
civil rights lawsuit
c. will have the evidence ruled admissible, but may be able to win a Section 1983 civil
rights lawsuit
d. have no equitable or compensatory recourse available to them
The right to freedom of speech is considered a fundamental right. In cases involving a
fundamental right, the _____ standard of review is used to resolve the case.
a. legitimate regulation
b. intermediate scrutiny
c. strict scrutiny
d. rational basis
Which concept is so important that it has been referred to as the “touchstone” of the
Fourth Amendment?
a. the exclusionary rule
b. privacy
c. reasonableness
d. probable cause
What was the primary reason the U.S. Congress passed the Sentencing Reform Act of
1984?
a. to prevent states from implementing indeterminate sentencing
b. to address concerns over disparate sentencing
c. to enact the federal three-strikes law
d. to implement mandatory sentencing for the crime of treason
Within a reasonable time, but not later than _____ days after the termination of the
period of an order, an inventory must be served on the persons named in the order and
on such other parties to intercepted communications as the judge determines in the
interest of justice.
a. twenty
b. thirty
c. sixty
d. ninety
Police cannot legally gain access to a student’s living quarters on a private university for
the purpose of searching, even if they have permission of university administration,
unless they have a warrant issued. Why is this statement true?
a. Because the search is conducted by police, the purpose is a criminal investigation.
b. Because the university is private, not public.
c. Because college and university students are afforded absolute protection from
unwanted searches and seizures.
d. Because there is no distinction in Fourth Amendment law between private and public
universities.
The United State Supreme Court has ruled that an officer may rely on their own
experience and specialized training to establish reasonable suspicion that might not be
available to an untrained person.
a. True
b. False
An officer observes an individual leaving a place the officer believes to be a drug
house. As the officer approaches, the man makes furtive gestures, reacts nervously, and
changes course quickly before the officer yells out for the man to stop. The man stops.
The man is carrying a locked case. Given this scenario, select the true statement.
a. The officer is justified to immediately pry open the case and search it.
b. The officer is justified to temporarily detain the man and case and have the case
sniffed by a drug canine.
c. The officer cannot temporarily detain the person, but is justified in detaining the case.
d. The officer has probable cause and is justified to place the man under arrest.
Generally, to obtain an appellate court review of an issue, the appealing party
(appellant) must preserve its claim by making a specific timely objection at or before
trial. What is this rule commonly known as?
a. plain error rule
b. contemporaneous objection rule
c. harmless error rule
d. final judgment rule
Anything without a “No Trespassing” sign posted is an open field that the police may
search.
a. True
b. False
When information from a criminal informant is used, the name of the informant _____.
a. must always be reported in the affidavit
b. may not ever be reported in the affidavit
c. need not be disclosed unless the informant information is part of an agreement with
the prosecutor in a pending criminal case against the informant
d. need not be disclosed if his or her credibility is otherwise satisfactorily established
A police officer asks a woman who answered her door, “do you keep any weapons in
the house?” The woman replied, “yes” and proceeded to bring the weapons to the
officer. The weapons were illegal and the officer used the weapons as the basis for an
arrest. Select the most accurate statement describing this incident.
a. there was no search or seizure, therefore the evidence is admissible in court.
b. there was no search or seizure, therefore the evidence is inadmissible in court.
c. this is a seizure, but not a search and the evidence is admissible in court.
d. the evidence will be inadmissible because there was no consent to search.
In order of authority from lowest to highest, the structure of the federal court system is
_____.
a. US Court of Appeals, US District Court, US Supreme Court
b. US District Court, US Superior Court, US Supreme Court
c. US Circuit Court, US District Court, US Supreme Court
d. US District Court, US Court of Appeals, US Supreme Court