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Question
An inmate is housed in a state prison for committing a state offense. The inmate has noticed that the conditions of his confinement are quickly deteriorating. The state is placing more than two inmates in a cell, the state is cutting back on rehabilitative and wellness programs, and there have been a number of recent occasions when he was verbally and physically abused by prison staff. If the inmate desires a remedy to these conditions, he might (s)he file?a. a civil action under 42 U.S.C. 1983.
b. a habeas corpus action.
c. an appeal.
d. a motion to have his sentence reviewed.
Answer
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Related questions
Q:
Police convenience and safety are deemed reasonable justification for the plain view doctrine because _____.
a. current jurisprudence favors law enforcement over the rights of citizens
b. the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights
c. the Fourth Amendment probable cause requirements are met by the doctrine
d. the burden of proof is on the police and prosecutor
Q:
During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.
a. reasonable suspicion
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c. clear and convincing evidence
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An officer receives permission from the resident of an apartment to "walk around". This permission allows the officer to:
a. search anyone found on the premises.
b. search the home owner.
c. seize items in the plain view of the officer.
d. seize property owned by others but stored on the premises.
Q:
Which of the following statements is true?
a. In some situations consent obtained through threat of force may be deemed voluntarily given.
b. Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.
c. Voluntary consent to search must be given orally.
d. Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or educational level of the person giving consent.
Q:
An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that she doesn"t own certain boxes and luggage lined up against the wall. Given the circumstance, select the true statement.
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b. The police are free to search anything in the apartment because consent to a general search cannot be rescinded.
c. The police cannot search the luggage or boxes because there has been an implied limitation placed on the scope of the consensual search.
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Q:
A suspect has been injured while resisting arrest. Select the best strategy below for officers to obtain a valid consent from the suspect?
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Q:
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Q:
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.
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Q:
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b. validate the search owing to exigent circumstances.
c. invalidate the search as non-consensual.
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Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest? Illustrate by example.
Q:
Explain the limitations on consent to search that pertain to the expressed object of the search.
Q:
Summarize the Schneckloth rule concerning voluntary consent searches.
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Q:
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a. True
b. False
Q:
Define what is meant by a furtive gesture and give two examples.
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What is meant by a show of authority?
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Q:
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a. True
b. False
Q:
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a. True
b. False
Q:
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a. True
b. False
Q:
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a. True
b. False
Q:
As the delay between the development of reasonable suspicion on the part of the officer and the actual stop grows longer, courts may find that the suspicion has "evaporated."
a. True
b. False
Q:
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
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c. whether the officer involved was undercover or in uniform
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Q:
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d. use the feel of the item as probable cause to obtain a warrant.
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a. pat-down
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c. body search
d. strip search
Q:
If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _____ under the Fourth Amendment.
a. no seizure
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Q:
Select the true statement.
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c. Probable cause is required to initially justify a frisk.
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Q:
Describe the amount of force that law enforcement officers may use when searching a person. In what way(s) is the common law definition of resisting arrest different from the modern definition?
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