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Home » Criminal Law » Page 135

Criminal Law

Q: A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The officer's actions _____. a. are lawful because he saw only what any curious passerby could see b. are unlawful within the plain view doctrine because he invaded privacy c. are unlawful within the plain view doctrine because he used extraordinary means d. are lawful because no seizure immediately occurred

Q: Detectives are primarily responsible for prosecution of offenders.

Q: Following a murder, the police conduct an extensive four-day search for evidence at the scene (the murder victim's apartment). The apartment is also occupied by other people. There was no emergency beyond the murder, and all occupants were safe. Police discover evidence of the crime. Given this scenario, select the most appropriate statement. a. The evidence is inadmissible since the officers should have gotten a warrant. b. The officers may, without more, seize the items under plain view. c. The officers may assume that the victim would consent to a search of the entire premises. d. The officers may, without more, seize the items as incident to an arrest they hope to make.

Q: Undercover investigations are rarely used by federal law enforcement agencies.

Q: Law enforcement authorities, rather than simply seizing the contraband, often make a so-called _____ delivery of the container, monitoring the container on its journey to the intended destination. Then they can identify the person dealing in the contraband when the person takes possession of and asserts control over the container. a. commercial b. government c. controlled d. monitored

Q: Reverse sting operations are rarely used by undercover drug operations.

Q: A commercial airline has called the police to report that they opened some unmarked, lost luggage to determine the owner and inside it they discovered a small amount of what appears to be cocaine hidden amongst the underwear. The police arrive to find that the luggage is in the manager's office but the luggage is now closed. To have a lawful seizure, the officers _____. a. must get a warrant to open it again b. must have a trained dog react to the luggage to reopen it c. must have the manager reopen it d. may immediately open the luggage themselves

Q: Undercover investigations are rarely used by the police.

Q: Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home? a. The Court found the use of the device did not violate an expectation of privacy. b. The Court found the use of the device to be constitutional. c. The court found use of the device to be unconstitutional because the device is not in general public use. d. Use of the device constitutes a seizure (of the information), but not a search.

Q: Officers executing a lawful search warrant for stolen guns have located all the weapons listed in the search warrant. An officer is admiring the suspect's beer mug collection and takes down a mug from a shelf and discovers marijuana inside it. The officer should _____. a. replace the marijuana and go get another warrant b. justify the seizure of the marijuana as plain view c. call the judge to amend the warrant d. realize that the marijuana is inadmissible under the plain view doctrine

Q: Decoy operations are most effective in combating the crimes of robbery, purse snatching, and other larcenies from the person; burglaries; and thefts of and from automobiles.

Q: Decoy operations are most effective in combating the crimes of robbery, purse snatching, and other larcenies from the person; burglaries; and thefts of and from automobiles.

Q: In recent years, there has been an increase in the use of multi-agency investigative task forces.

Q: In recent years, there has been an increase in the use of multi-agency investigative task forces.

Q: Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns. The officers _____. a. may not seize the fireworks since they are not on the warrant b. may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time c. may not seize the fireworks under plain view because the officers have no right to invade the privacy of the cabinet d. may seize the fireworks under plain view doctrine because the fireworks are dangerous to the public

Q: An officer has made a lawful arrest for fraudulent checks at the arrestee's residence. During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant, grow-light, and plant food in the closet. The officer may _____. a. not seize the items under the plain view doctrine b. seize the items under the plain view doctrine c. seize the items but only when the suspect is brought within reach of the closet d. not seize the items since a protective sweep is for people only

Q: Crime analysis goes hand-in-hand with community-oriented policing and problem-oriented policing.

Q: Crime analysis goes hand-in-hand with community-oriented policing and problem-oriented policing.

Q: An officer's use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually distinct from an officer's use of a flashlight for the same purpose. This is because _____. a. there are no conceptual distinction between binoculars and flashlights b. binoculars allow people to observe what could not be observed without their use c. flashlights require batteries to become operational d. binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion

Q: Repeat offender programs (ROPs) are based on the fact that only a few criminals are responsible for most of the predatory street crime in the United States.

Q: Repeat offender programs (ROPs) are based on the fact that only a few criminals are responsible for most of the predatory street crime in the United States.

Q: Informal mentoring is a new form of training to new detectives/investigators in departments.

Q: Informal mentoring is a new form of training to new detectives/investigators in departments.

Q: If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____. a. unless it is a situation where there is a strong preference for a warrant b. regardless of whether the officer had a right to be at the location c. unless there was an intrusion into that individual's possessory interest d. regardless of any apparent intrusion into that individual's possessory interest

Q: The single most important determinant of whether or not a crime is solved is the quality of work performed by the detectives.

Q: The single most important determinant of whether or not a crime is solved is the quality of work performed by the detectives.

Q: Law enforcement agents of the Drug Enforcement Agency flying over a large forest observe a cultivated patch in the forest. Suspecting that it is a marijuana field, they land and approach on foot where they verify that it is marijuana and arrest a person working in the field. Their observations from the plane _____. a. do not violate the Fourth Amendment because they had a right to fly there b. do not fall within plain view because the nature of the plants was not immediately apparent c. fall within plain view because they did not seize the marijuana until after making an arrest d. do not fall within plain view because they invaded the suspect's privacy

Q: An officer has made a lawful arrest of a suspect in the suspect's home based on a warrant for the crime of fraudulent and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or has been violated)? a. prior valid intrusion b. inadvertent discovery c. probable cause item subject to seizure d. no unreasonable intrusion on privacy

Q: In smaller departments, detectives tend to be generalists.

Q: In smaller departments, detectives tend to be generalists.

Q: An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI). The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated)? a. prior valid intrusion b. incriminating nature immediately apparent c. probable cause item subject to seizure d. inadvertent discovery

Q: ____________________ is a method of deploying police officers that gives them responsibility for all policing activity by requiring them to walk around a defined geographic area.

Q: ____________________ is a method of deploying police officers that gives them responsibility for all policing activity by requiring them to walk around a defined geographic area.

Q: The "prior valid intrusion" requirement of the plain view doctrine means that _____. a. the suspect did not intrude into anyone else's reasonable expectation of privacy b. the officer did not violate the Fourth Amendment in arriving at the place from which he could perceive the evidence c. the officer did not intrude into anyone's reasonable expectation of privacy d. the suspect intruded into the victim's privacy thus justifying the officer's intrusion into the suspect's privacy

Q: Assigning a larger number of uniformed officers to an area to deal with a particular crime problem is called ____________________.

Q: Assigning a larger number of uniformed officers to an area to deal with a particular crime problem is called ____________________.

Q: ______________ isa term popularized in the late 1990s to refer to police units organized in a more militaristic manner (such as SWAT teams) with their primary function to threaten or use force collectively.

Q: ______________ isa term popularized in the late 1990s to refer to police units organized in a more militaristic manner (such as SWAT teams) with their primary function to threaten or use force collectively.

Q: The classic study of random routine patrol was the ____________________.

Q: What is the first and primary requirement for an officer to seize evidence under the plain view doctrine? a. The item must be plainly visible. b. The observation of the item must be inadvertent. c. The officer must be specially trained in recognition of contraband. d. The officer must be lawfully present in the place where the sighting is made.

Q: The classic study of random routine patrol was the ____________________.

Q: An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous. During a pat-down, the officer feels an item, but the true nature of the item is not immediately apparent. The officer _____. a. has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued b. cannot, without further justification, retrieve the object from the person's clothing without consent c. has probable cause and can detain the suspect temporarily to wait for a warrant to be issued d. can immediately, and without further justification, retrieve the object from the person's pocket

Q: The evidence seems to suggest that proactive, aggressive police strategies are ________in reducing crime, at least in target areas. a. indifferent b. not effective c. effective d. showing mixed results

Q: The evidence seems to suggest that proactive, aggressive police strategies are ________in reducing crime, at least in target areas. a. indifferent b. not effective c. effective d. showing mixed results

Q: The requirements of the plain view doctrine do not include that the _____. a. officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be b. officer must not unreasonably intrude on any person's reasonable expectation of privacy c. officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item d. discovery of the item of evidence by the officer need not be inadvertent

Q: A police officer lawfully pats down a suspect's outer clothing, feels an object, and the contour or mass of the object makes its identity immediately apparent that the item is a bag of cocaine. It is true that _____. a. the only way the officer can seize the item is to gain the consent of the suspect b. the officer is legally justified to reach into the suspect's clothing to retrieve the item c. the officer is not legally justified to reach into the suspect's clothing to retrieve the item d. the officer can only detain the suspect and wait for a warrant to be issued

Q: __________________ involve/s the use of traditional patrol operations in a more aggressive manner. a. Problem-oriented policing b. Problem-solving policing c. Community policing d. Uniformed tactical operations

Q: __________________ involve/s the use of traditional patrol operations in a more aggressive manner. a. Problem-oriented policing b. Problem-solving policing c. Community policing d. Uniformed tactical operations

Q: This system allows police departments to call citizens in the entire jurisdiction or limit it to a particular neighborhood where something is occurring: a. Reverse 911 b. 311 c. 911 d. Reverse 311

Q: This system allows police departments to call citizens in the entire jurisdiction or limit it to a particular neighborhood where something is occurring: a. Reverse 911 b. 311 c. 911 d. Reverse 311

Q: The requirements of the plain view doctrine do not include that the _____. a. officer, as a result of a prior valid intrusion, be in a position in which he or she has a legal right to be b. officer must not unreasonably intrude on any person's reasonable expectation of privacy c. officer must not use any means to enhance her ability to observe d. The incriminating character of the object to be seized must be immediately apparent to the officer

Q: While searching the relevant computer files pursuant to a search warrant for the crime of distribution of child pornography, officers find reference to a "customer ledger." After this information is discovered, an officer observes a notebook lying on the kitchen counter with the words "customer ledger" written on the front cover. The officers may legally _____. a. seize and open the notebook immediately without obtaining a warrant. b. seize the notebook immediately, but will need a warrant before opening the notebook. c. not seize or search the notebook without obtaining a new warrant. d. seize the notebook, but cannot open it unless instructed to do so by a judge

Q: Using available scientific research on policing to implement crime-fighting strategies and department policies is known as: a. differential response b. scientific management c. community policing d. evidence-based policing

Q: Using available scientific research on policing to implement crime-fighting strategies and department policies is known as: a. differential response b. scientific management c. community policing d. evidence-based policing

Q: ____________ models give the police answers as to where and when to assign officers. a. Patrol pattern b. Patrol allocation c. Patrol simulation d. Patrol direction

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: ____________ models give the police answers as to where and when to assign officers. a. Patrol pattern b. Patrol allocation c. Patrol simulation d. Patrol direction

Q: Which item below is not a new tactical approach to crime control according to your text? a. alternative vehicle deployment b. decoy vehicles c. aggressive patrol d. all are new tactical approaches

Q: Which item below is not a new tactical approach to crime control according to your text? a. alternative vehicle deployment b. decoy vehicles c. aggressive patrol d. all are new tactical approaches

Q: Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track the individual from one location to another. Shortly thereafter, the individual traveled home where the movements of the person within the residence were tracked. How is this police activity most likely to be viewed by the courts? a. Constitutional because the U.S. Supreme Court has ruled that a tracking device does not invade a person's privacy. b. Constitutional because the tracking device was originally planted at a location other than the private residence of the individual. c. Unconstitutional because the in-home movements of the individual were not generally open to visual surveillance. d. Unconstitutional because tracker devices cannot be used in any context.

Q: Differential response to calls for service is a policy that abandons the traditional practice of responding to all calls for service. In differential response, responses to citizens' calls to 911 for service are matched to the _____ of the calls. a. importance or severity b. location c. numerical order d. time of day

Q: Under the plain view doctrine, an officer _____. a. searches and seizes b. seizes but does not search c. invades privacy but does not search d. does not invade privacy but searches

Q: Differential response to calls for service is a policy that abandons the traditional practice of responding to all calls for service. In differential response, responses to citizens' calls to 911 for service are matched to the _____ of the calls. a. importance or severity b. location c. numerical order d. time of day

Q: Directed patrol units are often interrupted by calls for service. This can affect the performance assignments. What is a solution to this problem? a. routine patrol b. task force patrol c. split-force patrol d. There is no solution to the problem.

Q: Directed patrol units are often interrupted by calls for service. This can affect the performance assignments. What is a solution to this problem? a. routine patrol b. task force patrol c. split-force patrol d. There is no solution to the problem.

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 b. absolute certainty c. clear and convincing evidence d. probable cause

Q: A landlord has _______________ to consent to a search of a tenant's premises ora seizure of the tenant's property during the period of the tenancy. a. no implied actual or apparent authority b. implied actual, but not implied apparent authority c. implied apparent, but not implied actual authority d. both implied actual and apparent authority

Q: Officers who patrol specific locations at specific times to address a specific crime problem are called: a. split-force patrol b. task force patrol c. routine patrol d. directed patrol

Q: Officers who patrol specific locations at specific times to address a specific crime problem are called: a. split-force patrol b. task force patrol c. routine patrol d. directed patrol

Q: During what decade did the foot patrol return to policing? a. 1960s b. 1970s c. 1980s d. 1990s

Q: During what decade did the foot patrol return to policing? a. 1960s b. 1970s c. 1980s d. 1990s

Q: The police arrive at the residence of two roommates. The police do not have a warrant, nor do they have probable cause. One roommate gives consent to enter and search, but the other roommate does not consent, and in fact, tells the police that they may not enter the residence. What legal options do the officers' have? a. they can enter the residence and search all areas where firearms and drugs may be stored. b. they can enter the residence and search only Joe's living quarters and common areas in which firearms and drugs may be stored. c. they can enter the residence and seize only items in plain view, but may not search. d. they cannot enter the residence to search.

Q: During what decade was the efficiency of foot patrols challenged? a. 1960s b. 1970s c. 1980s d. 1990s

Q: During what decade was the efficiency of foot patrols challenged? a. 1960s b. 1970s c. 1980s d. 1990s

Q: Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room. They want to search her room without a warrant. What legal options do the officers' have? a. they may search it with permission of the president. b. they may search all areas of the room with permission of her roommate. c. they may search it without anyone's permission. d. they must obtain the suspect's permission.

Q: A high school principal summons the police to be present when the locker of one of the students is opened. The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker. How should the officer advise the principal? a. to get permission from the student before opening it. b. to get consent from the student's parent's. c. to open the locker immediately, because no consent is needed. d. to open the locker only if the principal has probable cause.

Q: In an experiment, the group that is not acted upon, and where nothing is changed, is called: a. the control group b. the experimental group c. the change agent d. the free group

Q: In an experiment, the group that is not acted upon, and where nothing is changed, is called: a. the control group b. the experimental group c. the change agent d. the free group

Q: Which is not an innovative way to address responding to community problems and 911 calls according to your text? a. directed patrol b. split-force patrol c. C.O.P.S. d. differential response

Q: Which is not an innovative way to address responding to community problems and 911 calls according to your text? a. directed patrol b. split-force patrol c. C.O.P.S. d. differential response

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