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Question
Police are questioning a suspect about a crime. Miranda warnings are read to the suspect and the suspect clearly indicates he wishes to remain silent. Which of the following legal limitations are placed on the police?a. They are, from this point forward, forever barred from asking questions of the suspect related to the crime in question and other crimes.
b. They must immediately, scrupulously respect the decision and stop with questioning, but may, after a significant amount of time passes and after re-reading the Miranda warnings, question the suspect about other crimes.
c. They may ignore verbal requests to remain silent and are only constrained when the request is in writing.
d. They must immediately contact an attorney for the criminal suspect.
Answer
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Related questions
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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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Q:
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.
a. The police cannot search the boxes or luggage because they are not considered part of the residence.
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?
a. Give him Miranda warnings.
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c. Just ask him, since the injuries were his fault and they have no bearing.
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Q:
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c. inadmissible because the wife lacked authority to consent.
d. inadmissible because the wife's consent is deemed involuntary.
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.
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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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A person's consent to an officer's request to enter his or her residence __________ grant the officer a right to search.
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:
If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, it is still considered a seizure under the Fourth Amendment.
a. True
b. False
Q:
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a. True
b. False
Q:
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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
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
Q:
During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect's coat pocket. Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further probable cause the officer should:
a. proceed on with the search.
b. call for a narcotics officer and get his expertise.
c. cease and desist with the search once he realizes that it is not a weapon.
d. use the feel of the item as probable cause to obtain a warrant.
Q:
Which of the following most accurately describes a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons?
a. pat-down
b. frisk
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
b. seizure
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Q:
Select the true statement.
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c. Probable cause is required to initially justify a frisk.
d. To stop a person, probable cause is needed; but to frisk a person reasonable suspicion is required.
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?
Q:
An officer has made an investigative stop based on reasonable suspicion. The officer has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved her original suspicions. This would be considered a seizure __________.