Q&A Hero

Q: An alert by a trained drug detection dog constitutes reasonable suspicion but cannot constitute probable cause. a. True b. False

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. d. external review is less expensive and better received by the media.

Q: Under the Fourth Amendment, drug detection dogs may not be used during routine traffic stops. a. True b. False

Q: Federal and state wiretapping and eavesdropping laws have exceptions for family members who are monitoring other family members. a. True b. False

Q: Confrontational telephone calls by witnesses or victims to assist the police should be conducted before charges are filed. a. True b. False

Q: In Katz v. U.S., the Court held that interceptions of communications constituted neither a search nor a seizure under the Fourth Amendment. a. True b. False

Q: In general, suspects do not have a right to privacy for their conversations that take place in police cars or jails. a. True b. False

Q: Internal review of police misconduct involves review: a. of misconduct by civilians. b. of misconduct by a special team of officers in the department. c. by a special master appointed by the court. d. by officers in another police department.

Q: Federal law allows secret taping of conversations as long as one of the parties to the conversation consents. a. True b. False

Q: The most common mechanism for holding police accountable for their misconduct is: a. a tort lawsuit. b. a section 1983 lawsuit. c. a letter of complaint. d. administrative review and discipline.

Q: Federal law authorizes the use of "roving wiretaps" to cover suspects who use a series of different telephones. a. True b. False

Q: People who sue the government or its officers under section 1983 are: a. usually successful. b. usually successful if the violation was extreme. c. rarely successful. d. usually successful because juries do not believe police officers tell the truth.

Q: According to the U.S. Supreme Court, there is an exception to the no-duty-to-protect-rule, called the special-relationship exception. That special relationship is: a. dependent on the crime committed. b. custody. c. when a suspect is being interrogated. d. when a warrant is being served.

Q: Government access to stored e-mails is not covered by federal law. a. True b. False

Q: The broadcast portion of cell phone conversations is not covered by federal law. a. True b. False

Q: Which of the following are always protected by absolute immunity from civil lawsuits while they are performing their official duties? a. Judges b. Prosecutors c. Juries d. Police officers

Q: Judges have _______from civil lawsuits for actions they take while performing their official judicial duties.a. official immunityb. functional immunity c. sovereign immunity d. absolute immunity

Q: The USA PATRIOT Act modified prior law on electronic eavesdropping. a. True b. False

Q: Use of a thermal imaging device to investigate a home constitutes a search under the Fourth Amendment. a. True b. False

Q: According to Pinder v. Johnson,involving a lawsuit by a mother against police officers and others for the death of her children in a fire: a. the due process clauses create an official duty to protect life. b. a duty to protect life can arise when the state restrains citizens from acting on their own behalf. c. an affirmative duty to protect life can never arise on the part of government officials. d. government action can never create a duty to protect life.

Q: Wiretapping and electronic eavesdropping are not covered by the Fourth Amendment. a. True b. False

Q: According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire: a. public officials owe private citizens the right to protect them from damage from one another. b. a violation of clearly established law is not recoverable. c. the due process clause does not require government actors to affirmatively protect life. d. an affirmative duty to protect life can never arise on the part of government officials.

Q: The first U.S. case was DeShaney v. Winnebago County Department of Social Services (1989).a. civil actionb. duty-to-protectc. limited liabilityd. strict liability

Q: The Fourth Amendment requires that warrants be executed during the nighttime. a. True b. False

Q: Bivensactions are: a. constitutional tort actions against federal officers. b. prohibited against officials who act under color of authority. c. do not have to show unreasonable legal action by the defendants. d. banned against federal officials.

Q: A search warrant must be issued by a neutral and detached judge or magistrate. a. True b. False

Q: Computers owned by the government and used by government employees have less Fourth Amendment protection than computers in homes. a. True b. False

Q: According to the defense of official immunity, an officer is personally liable: a. for any misconduct while on duty. b. for any willful or malicious misconduct. c. for any negligent act while exercising personal discretion. d. whenever she exercises her personal judgment.

Q: Civil actions by citizens against the government derive from all of the following except: a. state tort law b. federal statutes c. penal codes d. U.S. Constitution

Q: Even if police do not have a warrant, they can still search a computer or any location if they have consent from a person in authority. a. True b. False

Q: The U.S. Supreme Court has put which of the following limitations on 1983 actions? a. They can only be brought for negligent acts. b. They can only be brought against government bodies. c. They can only be brought against senior government administrators. d. They can only be brought for deliberate acts.

Q: The Fourth Amendment requires that warrants be based on reasonable suspicion. a. True b. False

Q: Child pornography web sites generate more than $3 billion annually of illegal money. a. True b. False

Q: According to the Supreme Court in Anderson v. Creighton, involving a lawsuit for damages stemming from the FBI's warrantless search of a house, police officers are entitled to qualified immunity for their illegal acts:a. never.b. when they acted in subjective good faith.c. when they can establish that a reasonable officer could have believed that the search did not violate the Fourth Amendment, even though it actually did.d. even if they violate a clearly established right.

Q: Which of the following is not a stage of internal review?a. Investigationb. Arbitration c. Deliberation d. Disposition

Q: Case 14.1Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won"t you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk.How could the officer assess whether he had reasonable suspicion justifying an investigative detention of the young woman walking away from him?a. Jamison is given broad discretion based on his personal experience.b. Jamison would need to establish probable cause that the fruits of a crime were likely present or his safety was in jeopardy.c. Jamison will need to show clear and convincing evidence of criminal activity.d. Jamison can rely on the totality of circumstances.

Q: Case 14.1Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won"t you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk.Officer Jamison can demand the woman provide identification or face arrest:a. since the tattoos make the woman suspicious.b. if state law requires citizens to comply when asked to produce identification.c. only if Officer Jamison has probable cause she possesses illegal drugs.d. only after a lawful arrest.

Q: Which of the following is NOT a remedy for illegal government action?a. Internal discipline b. Legislative actionc. Damage suits against governments d. Criminal prosecution

Q: _____ searches are therefore not searches for incriminating evidence. a. Consent b. Inventory c. Custodial d. Private

Q: Prior to 1971, individuals were banned from suing _________for violations of their constitutional rights, but that changed in Bivens v. Six Unnamed FBI Agents (1971). a. the superiors of law enforcement officers b. individual law enforcement officers c. the government units in charge of officers and departments d. law enforcement agencies

Q: The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:a. no duty to protect. b. sovereign immunity. c. color of law.d. respondeat superior.

Q: A Terry stop is a(n) _____. a. investigative detention b. stop and frisk c. search at a border d. checkpoint method

Q: Most investigative detentions are supported by reasonable_____, and occur over a reasonable short period of time. a. inference b. experience c. intuition d. suspicion

Q: The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under: a. the Bivens rule. b. the Federal Tort Claims Act. c. Section 1983. d. state tort law.

Q: The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement is the ______rationale.

Q: That quantum (amount) of evidence known as reasonable _____ is needed to authorize an investigative detention, a. conjecture b. cause c. suspicion d. justification

Q: In Herring v. U.S. (2009) the court held that if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment but evidence obtained during a search incident to the unlawful arrest is admissible in court.a. Trueb. False

Q: Depending on the location of the evidence or the circumstances under which it is obtained, limitations apply to the _____ of physical evidence obtained by the police. a. reasonableness b. admissibility c. quantity d. composition

Q: A(n) _____ search can be made if an officer who has made a valid investigative stop has reasonable suspicion to believe that the suspect "may be armed and presently dangerous." a. protective b. preventive c. defensive d. emergency

Q: U.S. v. Leon (1984) was a U.S. Supreme Court opinion that narrowed the good faith exception.a. Trueb. False

Q: The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement conduct is called the deterrence justification. a. True b. False

Q: A consent to search functions as a _____ of Fourth Amendment protections. a. contradiction b. waiver c. contraindication d. subjugation

Q: The 1925 case of Carroll v. U.S. dealt with the _____ exception. a. movable vehicle b. special needs c. emergency d. exigent

Q: Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.a. Trueb. False

Q: The automobile exception to the warrant requirement requires, at a minimum, _____. a. reasonable suspicion b. probable cause c. a valid checkpoint d. clear and convincing evidence

Q: The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions.a. Trueb. False

Q: The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony. a. True b. False

Q: During a valid traffic stop to issue a traffic ticket, officers may lawfully (automatically) do all but which of the following? a. ask to see driver's license, registration, etc. b. ask questions of the driver and passenger c. seek consent to search d. search the vehicle

Q: According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment's protection from illegal searches and seizures to solutions other than the exclusionary rule had been effective.a. Trueb. False

Q: With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment. a. True b. False

Q: Under Michigan v. _____, the U.S. Supreme Court authorized detention of the occupants of a place while a valid search warrant was being executed. a. Moseley b. Witherspoon c. Summers d. Johnson

Q: The Fourth Amendment only prohibits _____ searches and seizures. a. unreasonable b. evidence-gathering c. searches on less than a compelling necessity d. warrantless

Q: Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a minuscule number of cases. a. True b. False

Q: Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable. a. True b. False

Q: Otherwise valid inventory searches require _____. a. a warrant b. reasonable suspicion c. probable cause d. no additional evidentiary justification

Q: Protective sweeps or safety checks may be conducted during a valid arrest on the basis of _____. a. probable cause b. reasonable suspicion c. clear and convincing evidence d. subjective suspicion

Q: At a minimum, an arrest requires _____. a. suspicion b. reasonable suspicion c. probable cause d. clear and convincing evidence

Q: In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violations of the exclusionary rule even if officers have a valid warrant to search a home.a. Trueb. False

Q: In Missouri v. McNeeley, the Supreme Court stated that the simple fact that alcohol metabolizes in the body is not a(n) _____ justifying a warrantless blood draw in a DUI arrest. a. permissible exception b. allowable rationale c. exigent circumstance d. authoritative exclusion

Q: The Supreme Court has specifically rejected the rationale that the exclusionary rule is a constitutional right. a. True b. False

Q: The permissible purpose of a frisk is to find _____. a. evidence of crime b. identification information c. weapons d. contraband

Q: Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence. a. True b. False

Q: Under the Fourth Amendment, a person has been seized when a(n) _____ personunder the circumstances would conclude that they are not free to leave. a. objectively reasonable b. reasonable c. mentally competent d. sagacious

Q: The deterrence justification bans not only evidence illegally obtained directly but also evidence derived from the illegally obtained evidence. a. True b. False

Q: The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough. a. True b. False

Q: Between January, 2004 and June 2012, about _____ percent of the 4.4 million stop and frisk encounters in New York City involved blacks or Hispanics. a. 60 b. 70 c. 80 d. 90

Q: Which of the following is not a Fourth Amendment search or seizure? a. Terry stop b. Terry frisk c. arrest d. voluntary encounter

Q: The _______exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough. a. deterrence b. constitutional c. ethical d. attenuation

Q: According to the Supreme Court, the good faith exception to the exclusionary rule: a. the inquiry is whether a reasonably well trained officer would have known a search was illegal under all the circumstances. b. the important issue to decide is if the officer honestly believed his or her actions were constitutional. c. violates the fundamental protections of the Fourth Amendment. d. applies only to situations that arise because of faulty electronic databases.

Q: The officer in a pretextual stop usually suspects the driver (or a passenger) of having committed, or being in the process of committing, a serious crime. a. True b. False