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Home » Criminal Law » Page 147

Criminal Law

Q: Enforcement agents for the National Park Service are known as commissioned___________.

Q: The ______________ program deputizes local officers to help enforce federal immigration laws.

Q: Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is _____. a. without further justification, search the people for the drugs. b. acquire additional probable cause that the people have the drugs on them, then search them for the drugs. c. without additional justification, search the owner for the drugs but not the others. d. without further justification, search everyone for weapons. /span>

Q: In 2010, the _____________________inspector general issued a special report stating that the state and local police officers who enforce federal immigration laws through ICE's 287(g) program are not adequately screened, trained or supervised, and the civil rights of the immigrants they deal with are not consistently protected.

Q: An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____. a. break in without notice b. surreptitiously enter c. still knock and announce d. get permission from a supervisor to break in

Q: A controversial issue in current law enforcement is the cooperation and escalating involvement of local police with federal immigration officials in enforcing _____________ laws.

Q: The most legally sound action for officers about to execute a search warrant for narcotics in a dwelling is to _____. a. break in without notice b. enter through unlocked windows or doors then announce their presence c. disregard knock and announce since the warrant is for narcotics d. follow knock and announce requirements

Q: After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search warrant for stolen property hear no sound. The officers _____. a. may then break in without further process b. must wait for a supervisor's approval to break in c. must make a further investigation to ensure no one is home d. must return when someone is home

Q: The four major U.S. cabinet departments that administer most federal law enforcement agencies and personnel are the Department of Justice, the Department of the Treasury, the Department of Homeland Security, and the ____________________.

Q: The _______ is at the vanguard of the nation's "war on drugs" by engaging in drug interdiction, conducting surveillance operations, infiltrating drug rings, and arresting major narcotics violators.

Q: Officers executing a search warrant for a particularly described premises may not search _____. a. other buildings which may be on that land b. vehicles which may be parked on that land c. people on the premises without further justification d. the open fields around the land

Q: Legal issues surrounding search and seizures typically fall under the ____ Amendment? a. First b. Fourth c. Eight d. Fifth

Q: Historically, ____________________ police departments were developed to deal with the growing crime in non-urban areas of the country.

Q: Rural and small-town law enforcement agencies engage in ____________________ programs with neighboring agencies and come to one another's aid when necessary.

Q: The execution of a search warrant must normally be _____. a. immediately after issuance b. initiated during daytime c. discontinued after dark d. done in the presence of the occupant(s)

Q: Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to _____. a. items other than biologicals b. evidence of a crime c. contraband such as drugs d. nontestimonial evidence

Q: ____________________is the worldwide organization established for the development of cooperation among nations regarding common police problems.

Q: The U.S. ____________________ is in charge of the enforcement of the laws regarding counterfeiting of U.S. currency.

Q: A search warrant is _____. a. issued by the police b. issued in the name of the proper judicial authority c. directed to any officer of the court d. commands the property be brought before the authority

Q: The ______ Crime Act expanded federal criminal jurisdiction in Indian country in such areas as guns, violent juveniles, drugs, and domestic violence.

Q: Which description lacks sufficient particularity to satisfy the Fourth Amendment? a. Various obscene books, magazines and video tapes b. Various instruments and tools used in perpetrating burglary, which were instrumentalities of such crime c. All marijuana located on the premises lities of such crime d. Homemade pipe bomb

Q: The U.S. Department of Justice maintains administrative control over four major federal law enforcement agencies. They are the Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Marshals Service, and _________________________.

Q: Which description does not satisfy particularity requirements? a. VHS videotape, labeled: 349, titled: A. Pretty Pet b. RCA television set, stolen from 35 Main St., Canton, NY c. Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name "Lisa" engraved on stock d. All cannabis plants normal

Q: Which statement about a Franks hearing is true? a. The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the police to obtain a search warrant. b. A simple allegation of falsity and/or material omission is insufficient to trigger (initiate) a Franks hearing. c. The defendant bears the burden of proving, beyond a reasonable doubt, that an application for a warrant contained false statements that were knowingly or recklessly made, or alternatively that material information was knowingly or recklessly omitted from the warrant application. d. All criminal suspects are entitled to a Franks hearing.

Q: Being a small town and rural officer is difficult because of: a. limited resources b. geographic barriers c. rising crime d. all are difficulties of the small town officer

Q: Probable cause must be based on _____. a. Aguilar/Spinelli b. fact c. reasonable suspicion d. proof beyond a reasonable doubt

Q: Which of the following is not a responsibility of the U.S. Department of Justice? a. federal highway patrol b. enforcing all federal laws c. representing the government in court action d. conducting independent investigations

Q: In a situation where an officer acts in reckless disregard for the truth when applying for a warrant: _____. a. the entire warrant will automatically be deemed constitutionally defective b. some clauses from the deficient parts of the warrant may be severed or redacted c. the officer will automatically be civilly liable in any Section 1983 claim that is filed d. the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this situation

Q: The vast majority of law enforcement agencies are operated by: a. municipal or city governments b. state government c. federal government d. private companies

Q: Which of the following is not a common duty of a state police officer? a. highway patrol b. traffic enforcement c. patrol of small towns d. serve civil process

Q: Probable cause to search has two requirements that probable cause to arrest does not: _____. a. that the information must not be stale and particularity regarding place and items b. that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli c. that the information was NOT from an informant and particularity regarding place and items d. reasonable suspicion and particularity regarding place and items

Q: A police officer requests and is granted a search warrant for a particular residence. The search warrant specifies that the search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a package. This is a(n): a. administrative search warrant b. anticipatory search warrant c. conditional search warrant d. general search warrant

Q: Which of the following is not a typical responsibility of the county sheriff's office? a. serve criminal and civil process b. operate a jail c. court attendants d. responding to calls in a municipality

Q: In the United States, what percentage of police departments has 25 or fewer officers? a. 23% b. 37% c. 53% d. 87%

Q: The neutral and detached requirement for the issuing authority means that the issuer must not _____. a. have anything to gain or lose in the outcome b. be related to the officer c. have had business relations with anyone involved in the case d. care about the probable cause

Q: According to your text, which is not an "interesting fact" about local police departments? a. 32 percent use regular bicycle patrol. b. 53 percent use full-time community policing officers. c. 55 percent of departments use foot patrol routinely. d. 23 percent of officers have bachelors degrees or higher.

Q: Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer. a. justice of the peace b. clerk of the court c. state attorney general d. magistrate

Q: The Federal Witness Security Program is administered by the: a. U.S. Marshals Service b. Bureau of Alcohol, Tobacco, Firearms and Explosives c. Immigration and Naturalization Service d. Customs Service

Q: To qualify to issue a warrant, the judicial officer must be _____. a. biased and attached b. biased and detached c. neutral and semi-detached d. neutral and detached

Q: The information that a law enforcement officer swears to in an affidavit (or in live testimony) to establish probable cause for a warrant must be "truthful in the sense that the information put forth is" _____. a. objectively established as true b. believed or appropriately accepted by the affiant as true c. sworn to be true by at least two independent sources d. established as true by a reasonable person test

Q: Which of the following is responsible for the protection of the president, vice president, and their families? a. U.S. Marshals Service b. Federal Bureau of Investigation c. Federal Protective Service d. Secret Service

Q: Which of the following is responsible for the transporting of federal prisoners and the security of federal courthouses? a. Federal Protection Bureau b. Federal Bureau of Investigation c. U.S. Marshals Service d. Federal Protective Service

Q: A general warrant _____. a. lacks specificity in the person or place to be searched b. is directed to a specific officer or department c. may be signed by the clerk of the court rather than a magistrate d. can be used only against smugglers

Q: Which of the following is responsible for the investigation of counterfeiting of U.S. currency? a. FBI b. Secret Service c. Internal Revenue Service d. Organized Crime and Racketeering Unit

Q: What were all-purpose warrants referred to in early colonial America? a. Criminal warrants b. Star chamber warrants c. Writs of assistance d. Writs of mandamus

Q: For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____. a. invasion of a constitutionally protected area b. interference with a person's possessory interests in that property c. interference with a person's reasonable expectation of privacy d. infringement on a person's house, papers, and effects

Q: All are considered local law enforcement agencies except: a. campus police b. transit police c. rail road police d. metropolitan police

Q: The FBI falls under the purview of the: a. Treasury Department b. Department of Defense c. General Service Agency d. Department of Justice

Q: Proper execution of an anticipatory search warrant is dependent upon _____. a. a triggering condition b. reasonable suspicion c. reasonable suspicion and a triggering condition d. witness testimony and reasonable suspicion

Q: Name two indicators of criminal activity that alone support probable cause. Compare and contrast these two indicators of criminal activity with some other indicators that, taken alone, do not support probable cause.

Q: Which of the following is part of the Department of Justice? a. Secret Service b. U.S. Postal Service c. Bureau of Alcohol, Tobacco, Firearms and Explosives d. National Park Service

Q: Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.

Q: A state law enforcement system that provides for separate agencies for traffic enforcement and other state-level law enforcement functions is generally called the _____ model. a. decentralized b. separate c. centralized d. total

Q: A state law enforcement system that combines the duties of major criminal investigations with the patrol of state highways and small towns into one agency is generally called the _____ model. a. decentralized b. combined c. centralized d. total

Q: Explain the importance of corroborating information from informants. Also, consider the distinctions between known informants, unknown informants, criminal informants, and citizen informants. Are the distinctions in how the law handles these different types of informants justified? Why or why not?

Q: Write the definition of "search". Write the definition of "seizure". Demonstrate how there might be a search without a seizure and vice versa.

Q: Which of the following states does not have a state law enforcement agency? a. Hawaii b. Alaska c. Montana d. Arkansas

Q: Most counties in the United States are patrolled by a _______ department under the leadership of an elected official. a. sheriff's b. police c. constable's d. state police

Q: Law enforcement is primarily the responsibility of: a. state police agencies b. local police agencies c. national police agency d. private security

Q: Do you see any changes in how "privacy" was viewed before and after Katz v. U.S. (1967)? Justify your answer.

Q: Define the term "reasonableness" as it relates to the Fourth Amendment inquiry. Explain the standards used to assess reasonableness.

Q: Among local departments, African Americans account for approximately _____ percent of sworn personnel. a. 10.2 b. 11.9 c. 12.5 d. 19.4

Q: Among local departments, women account for approximately _____ percent of sworn personnel. a. 19.1 b. 9.7 c. 29.2 d. 11.9

Q: Compare and contrast the requirements for establishing probable cause on the basis of an anonymous informant versus a known informant. Explore the differences in risk for liability for providing false information.

Q: Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a criminal informant.

Q: The latest statistics regarding the number of law enforcement officers in the United States may be obtained from the: a. Treasury Department b. Census Bureau c. National Institute of Justice d. IRS

Q: The majority of law enforcement agencies in America are: a. local b. federal c. state d. private

Q: The concept of probable cause is ultimately based on the notion of objective expectation of privacy. This is in in contrast to subjective expectation of privacy. Expound the difference.

Q: Define the concept of probable cause. Compare and contrast probable cause relating to search and probable cause as it relates to arrest.

Q: The Department of Justice is under the control of the U.S. Attorney General.

Q: The U.S. Constitution does give the national government power over a limited number of crimes.

Q: Third party information is often referred to as ________.

Q: Katz v. U.S. (1967) held that a person's Fourth Amendment rights are implicated wherever the person has an expectation of __________which society is prepared to recognize as reasonable.

Q: Information on which probable cause is to be based may come to a law enforcement officer's attention in two possible ways: through the __________ own perceptions or through the perceptions of a(n) __________who relays the information.

Q: Generally, state police patrol small towns and state highways, regulate traffic, and have the primary responsibility to enforce some state laws.

Q: Historically, state police departments were developed to deal with growing crime in nonurban areas of the country, which was attributable to the increasing mobility of Americans, the proliferation of cars, and the ease of travel.

Q: The elements of the __________ two-pronged test are important considerations in determining the existence of probable cause based on informant testimony.

Q: A criminal informant's ________is never presumed but must be established, usually by demonstrating the informant's track record of having given accurate information in the past.

Q: At the state level, there are three distinct models of law enforcement agencies.

Q: The largest state law enforcement agency is the Texas Highway Patrol.

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