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Question
If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?a. No, they can never seize evidence unless they in fact know what the item is in advance.
b. Yes, but only if the person consents to the removal of the objects.
c. No, the officer can only seize the item if it was in fact a weapon.
d. Yes, under the "˜plain feel" doctrine, the officer can seize the item.
Answer
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Related questions
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The Federal Tort Claims Act:a. waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers.b. allows citizens to submit their damage claims resulting from constitutional torts to a panel charged with deciding if the claim should be paid.c. upholds the government's sovereign immunity from lawsuit.d. only allows lawsuits against the individual officers involved.
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Research about the effectiveness of civilian review boards shows that:
a. they are very effective in investigating police misconduct.
b. civilians are not well equipped to evaluate police misconduct.
c. it is difficult to measure their effectiveness.
d. most large cities do not use civilian review, therefore data is lacking.
Q:
The major objection to internal review of police misconduct is:
a. police officers do not trust the officers conducting the investigation of misconduct.
b. a police department has to divert resources away from fighting crime.
c. the police should not be policing themselves.
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Q:
Bivensactions are:
a. constitutional tort actions against federal officers.
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d. banned against federal officials.
Q:
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Q:
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a. True
b. False
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Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.
a. True
b. False
Q:
The text refers to __________ as police actions and procedures that violate any of the five constitutional rights.a. bad evidence b. bad methods c. good methodsd. good evidence
Q:
According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
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c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in record keeping was negligent but not reckless
Q:
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
Q:
The Supreme Court's decision in Weeks v. U.S.in 1914 is significant because it:a. began the Fourth Amendment's annexation of the exclusionary rule.b. held that the exclusionary rule applies to state court criminal proceedings.c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Q:
Which of the following is NOT a potential negative consequence of the exclusionary rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
Q:
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__________is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.
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Q:
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a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
Q:
In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:
a. the needs of law enforcement and the privacy and liberty interests of individual citizens.
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Q:
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Q:
Identify the special need for searches of prisoners and discuss prisoners' expectation of privacy.
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a. True
b. False
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a. True
b. False
Q:
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Q:
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a. has been declared unconstitutional by the courts that have considered it.
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c. has been found to be constitutional by the courts of appeal that have considered it.
d. has not yet been addressed in any court opinions.
Q:
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Q:
The need for prison and jail security permits searches without probable cause or a warrant of:a. prisoners and pretrial detainees.b. prisoners, pretrial detainees, and visitors to the prison. c. only prisoners.d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Q:
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:
a. constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
b. constitutional, because prisoners forfeit all Fourth Amendment rights.
c. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
d. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.
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In determining the reasonableness of airport searches, courts have:
a. not ruled on this matter.
b. held they entail minimal intrusions that apply to all passengers.
c. considered them to be private searches.
d. held that airports may conduct such searches to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.