Q&A Hero

Q: Courts require search warrants aimed at computer ____________________ to tailor the search towards materials likely to include the information identified in the warrant.

Q: Review of complaints against police officers by participants who themselves are not police officers is called ________.

Q: Lawsuits may be brought against the federal government for federal officials' constitutional torts pursuant to the _________________.

Q: A(n) ____________________ search warrant is one that will be executed at some specified future date.

Q: In Illinois v. ____________________, the Supreme Court allowed the use of drug dogs during routine traffic stops.

Q: Suits under the Civil Rights Act are commonly called _________.

Q: Officers who violate the constitutional rights of private individuals commit a/n __________.

Q: To continue monitoring the calls of suspects who frequently change phones, federal law authorizes the use of ____________________ wiretaps.

Q: Lawsuits against individual federal law enforcement officers for a constitutional violation are ___________.

Q: The law of electronic surveillance was modified by the USA ____________________ Act.

Q: In Kyllo v. U.S., the Supreme Court held that use of a thermal imaging device against a home constitutes a ____________________ under the Fourth Amendment.

Q: When individual government employees are immune for their actions, criminal justice agencies can likewise escape liability under _________.

Q: In U.S. v. ____________________, the U.S. Supreme Court expanded Fourth Amendment protection to cover interception of communications.

Q: Criminal justice personnel have limited limited with regard to torts under the defense of ____________.

Q: State and local governments are responsible for the torts of their employees, if the torts are committed during the employees' employment, under the doctrine of _____________.

Q: A warrant that excuses the usual knock, announce, and wait requirements for execution is called a _____________ warrant.

Q: The Fourth Amendment requires that warrants ____________________ describe the places to be searched or things to be seized.

Q: A person who brings a suit against the government asking for a remedy is called the _________.

Q: Money awarded to compensate someone for a violation of their rights is called ________.

Q: The Fourth Amendment requires that warrants be based on ____________________.

Q: Warrants must be issued by a neutral and ____________________ magistrate or judge.

Q: Under the state-created danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under section 1983 if his actions created a special danger to the general public. a. True b. False

Q: Town of Castle Rock v. Gonzalez (2005) ruled that individuals have a constitutional right to have restraining orders enforced.a. Trueb. False

Q: Electronically listening to conversations over the traditional telephone is called ____________________.

Q: Under the doctrine of sovereign immunity, governments are always immune from lawsuit. a. True b. False

Q: Case 15.3Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that he was arrested for something that "was really not such a big deal." Manny was his friend and Jack thought he would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on his face and his nose had been broken. Jack blamed Manny for "overreacting" to the incident. Manny contacted the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack's wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny.The recordings by Mannya. are inadmissible because the police asked him to make the recordings without a proper court order.b. are admissible since the police avoid the Fourth Amendment by using a civilian.c. are inadmissible since Jack did not consent to the recording.d. are admissible since Manny, one of the parties to the call, consented.

Q: Case 15.3Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that he was arrested for something that "was really not such a big deal." Manny was his friend and Jack thought he would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on his face and his nose had been broken. Jack blamed Manny for "overreacting" to the incident. Manny contacted the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack's wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny.The recordings by Jack's wifea. are admissible since she is a family member of Jack.b. are admissible as an exception to the federal law prohibiting electronic surveillance or wiretapping.c. are inadmissible.d. are inadmissible unless used in a civil proceeding against Jack.

Q: The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights. a. True b. False

Q: Case 15.2Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, "I hope this weed is better than the last stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men.Leon is also offended that his private conversations were overheard by Officer McElroy and challenges the use of this information against him. Is he justified in doing so, and if so, why?a. Yes, because even the evidence of the conversation violated the reasonable expectation of privacy of the two men according to the Fourth Amendment.b. Yes, because Officer McElroy can only use the evidence of what he saw, not what he heard.c. Maybe, because the conversation is admissible only if the other young man consents.d. No, because Officer McElroy was in a public park and had every right to be where he could overhear a conversation.

Q: Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts if the employee committed the tort during the course of their employment.a. Trueb. False

Q: In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit. a. True b. False

Q: Case 15.2Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, "I hope this weed is better than the last stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men.Leon challenges the use of binoculars as an invasion of his privacy. What is likely to occur next?a. Leon will not succeed because the illegal transaction occurred in plain view of the police officer.b. The arrest is invalid since, without the binoculars, Officer McElroy would not have seen sufficient evidence of the crime to justify the arrest.c. Surveillance of this type will require a court order.d. Officer McElroy will need to show he did not have sufficient time to secure a court order to use the binoculars.

Q: Most police believe internal affairs unit are necessary. a. True b. False

Q: Case 15.1The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.Law officers must knock, identify themselves, state their purpose and await a refusal or silence before they enter private premises on a warrant. In this case, the violation of this rule:a. renders the search illegal and the evidence inadmissible.b. must have been specifically authorized by the search warrant.c. is excused since the officers expected armed resistance.d. does not merit judicial review, even if the suspect complains.

Q: The risk of vexatious litigation interfering with their official duties supports giving prosecutors absolute immunity for their decisions associated with the judicial phase of the criminal process. a. True b. False

Q: Case 15.1The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.Using a confidential informant to provide information to support a search warrant:a. is the equivalent of an anonymous tip and must be corroborated.b. requires the reputation of the confidential informant be part of the documentation supporting the search warrant.c. violates the Fourth Amendment.d. is common and generally accepted as long as the information has some reliability.

Q: Under certain circumstances, law enforcement officers have a total immunity defense that protects them from being held personally liable for violating someone's rights.a. Trueb. False

Q: Case 15.1The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.Mary challenges the search warrant as unconstitutional. She may succeed because:a. the evidence presented to the magistrate did not amount to probable cause.b. only the United States Army had authorization to investigate the case.c. the search warrant did not adequately describe the things to be seized.d. the affidavit was based on the word of a confidential informant.

Q: In _____, a woman sued her former husband and won a money award against him for recording her telephone conversations. a. Draper v. Draper b. Rickenbaker v. Rickenbaker c. Heggy v. Heggy d. McCray v. McCray

Q: A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.a. Trueb. False

Q: Most child pornography websites are _____. a. run by hackers b. overseas c. easily disabled d. subject to U.S. laws

Q: Police are rarely charged or convicted of criminal misconduct. a. True b. False

Q: In the case of government employees, courts generally hold that the employee has no legitimate expectation of privacy in a _____ used in that employment. a. computer b. purse c. locked file cabinet d. briefcase

Q: Suing governmental bodies under Section 1983 is more complicated than suing individuals. a. True b. False

Q: Prosecutors have qualified immunity for their conduct as advocates in the judicial phase of the criminal process. a. True b. False

Q: Consent to search a computer permits officers to look at computer files, but only consistent with the scope of the _____. a. crime b. circumstances c. consent d. privacy

Q: A search warrant authorizing officers to enter a home or office does not authorize the officers to search a computer found in the premises, unless the search warrant identifies the _____ as part of the authorized search a. peripheral b. file c. owner d. computer

Q: External civilian review results in more charges against police officers being sustained than internal review. a. True b. False

Q: In Alabama v. White (1990), the Court held that an anonymous tip could create a reasonable suspicion if _____. a. it can be corroborated in part by police observation b. police obtain the informant's phone number of the anonymous informant c. police record the tip d. the case is a felony

Q: Use of a drug-detection dog during a routine traffic stop in a public place does not violate the Fourth Amendment if it does not _____. a. require that the driver and passengers exit the vehicle b. is used only in known drug-trafficking areas c. act as the sole source of evidence of wrongdoing d. increase the length of the stop

Q: Officials who violate the Fourth Amendment by conducting an illegal search can still receive qualified immunity for their actions. a. True b. False

Q: Prosecutors have ________immunity from civil lawsuit.a. absolute b. qualified c. sovereign d. functional

Q: A trained drug-detection dog's alert is generally sufficient to _____. a. create probable cause b. excuse the warrant requirement c. excuse the exclusionary rule d. prove guilt beyond a reasonable doubt

Q: Courts that have allowed the state-created danger exception apply it in one of two ways. The first way requires (a) a special relationship between the government and the victim, plus (b):a. a plaintiff who committed only a minor offenseb. an affirmative defensec. a danger created by the stated. a danger created by the plaintiff

Q: Most federal wiretapping and electronic eavesdropping statutes allow such interceptions without a court order if _____. a. one party to the conversation consents to the interception b. the president or governor approves the interception c. family violence is involved d. no incriminating evidence is obtained

Q: If officers naturally (by ear) overhear conversations in public places, _____. a. it violates the Fourth Amendment b. it violates most state and federal statutes c. the evidence must be suppressed d. the evidence is admissible

Q: Heightening the possibility of a successful Bivens action requires the plaintiff to prove that: (1) an officer was acting under the color of the law; and (2): that the officer: a. willfully neglected the request of a private citizen for help because of having to prioritize other calls for service. b. used reasonable force to arrest but nonetheless injured the person. c. deprived that person of a constitutional right. d. produced an observable physical injury to the claimant.

Q: Which is true regarding suits against city agencies? a. The city/agency may be sued when their policies or customs result in injuries that the agency is responsible for under section 1983. b. There are no restrictions on suing any government agency or its agents. c. A local government can be sued for an injury inflicted solely because of the individual actions by its employees or agents, whether on or off-duty. d. Police officers can never be sued under the Police Officer's Bill of Rights.

Q: Much of the law of wiretapping and electronic surveillance was changed by the USA _____ Act. a. PATRIOT b. Anti-Terrorism c. Electronic Interceptions d. Communications Control

Q: Even when it is seized in a lawful arrest, law enforcement must obtain a search warrant in order to search the contents of _____. a. wallets b. cell phones c. briefcases d. purses

Q: 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.

Q: Which legal doctrine prohibits people from suing the government without its consent?a. Qualified immunity b. Absolute immunity c. Official immunityd. Sovereign immunity

Q: In Kyllo. v. U.S., the U.S. Supreme Court held that using a thermal imaging device to detect temperature differentials in a home _____. a. was a Fourth Amendment search b. could be conducted only upon reasonable suspicion c. was a Fourth Amendment seizure d. was not covered by the Fourth Amendment

Q: Which of the following acts is statistically the single greatest cause of injury to women in America?a. Homicide by strangers b. Domestic violencec. Drinking and driving d. Sexual assault

Q: In _____ v. U.S., the U.S. Supreme Court held that interception of communications without any physical intrusion or trespass was covered by the Fourth Amendment. a. Gilbert b. Wade c. Almanza d. Katz

Q: A warrant authorizing covert entry into a location to take photographs, plant listening devices, etc. (but not to seize evidence) is called a(n) _____ warrant. a. general b. anticipatory c. exculpatory d. sneak-and-peak entry

Q: According to the qualified immunity defense, law enforcement officers cannot be held personally liable in a civil lawsuit if:a. the officer honestly believed they had not violated the law.b. the officer can show that under the circumstances their actions were warranted.c. the officer can show their action was objectively reasonable as measured by legal rules "clearly established" at the time they acted.d. criminal charges are also not filed against them.

Q: Most plaintiffs who file civil lawsuits against police officers are seeking: a. monetary damages. b. injunctions. c. declaratory judgments. d. an apology.

Q: If police fear violence or destruction of evidence when executing a search warrant, they can request a(n) _____ warrant. a. general b. anticipatory c. no-knock d. participatory

Q: If the government performs a search without a warrant, to justify the search, the government must show that the search falls within one of the _____ to the warrant requirement. a. exceptions b. margins c. permissions d. inclusions

Q: Law enforcement officers have a defense called _________, wherein individual officers cannot be held personally liable for official action if their action meets the test of objective legal reasonableness.a. qualified immunityb. the good faith defense c. the Bivens umbrellad. the law enforcement exception

Q: Beltran v. City of El Paso (2004) ruled that:a. a 911 operator had an affirmative duty to protect a mother and her daughter from their husband/father who murdered them.b. a 911 operator had no affirmative duty to protect a mother and daughter from their husband/father who murdered them.c. the 911 operator violated the due process rights of the murdered mother and daughter due to the operator's failure to protect them.d. the 911 operator violated the constitutional rights of the murdered mother and daughter due to the operator conveying untruthful information.

Q: According to AOL, queries made for information to be used in civil and criminal cases most often relate to _____. a. children b. the elderly c. businesses d. homeowners

Q: The Fourth Amendment requires that search warrants be _____. a. supported by reasonable suspicion b. based on probable cause c. approved by federal judges d. executed within three days of issuance

Q: Research indicates that: a. civilian review procedures rarely sustain citizens' complaints about police. b. civilian review procedures overwhelmingly sustain citizens' complaints about the police. c. civilian review boards refuse to hear many of the complaints filed against the police. d. most civilian review procedures allow the boards to take disciplinary action against police officers.

Q: In general, a person's computer has the least Fourth Amendment protection _____. a. if it is a government owned computer in a government workplace b. if the computer is used for commercial purposes c. if the computer is portable d. if the computer is used in a movable vehicle

Q: 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: When the government takes a person into custody against their will the government: a. does not have a duty to protect them from being injured by other private persons. b. created the danger taking them into custody, so it must protect them.c. must protect them because a special relationship has been created with the person in custody who cannot protect themselves.d. only has the duty to protect the person in custody from harm by government officers.

Q: Court orders for wiretapping and electronic eavesdropping are generally not required if one party to the conversation consents. a. True b. False

Q: Individual officers or government agencies cannot be sued for failing to stop private people from violating their rights by inflicting injuries on them. This is known as the:a. no special relationship rule.b. no affirmative duty to protect rule.c. state did not create the danger rule.d. avoid danger rule.