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Law
Q:
The expectation of privacy in a hotel room can terminate, as when the hotel check-out time passes without extension.
a. True
b. False
Q:
There is a bright line difference between an arrest and a stop.
a. True
b. False
Q:
The Fourth Amendment exclusionary rule applies in probation and parole revocation proceedings.
a. True
b. False
Q:
If an individual denies ownership of property to the police, the property may be considered to be abandoned.
a. True
b. False
Q:
In Draper v. United States, the Supreme Court determined that information that may not be admissible at trial to prove guilt could still be used to establish probable cause.
a. True
b. False
Q:
The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.
a. True
b. False
Q:
The Fourth Amendment generally does not apply to property that is voluntarily abandoned.
a. True
b. False
Q:
Victims and witnesses are the source of most hearsay information the police obtain.
a. True
b. False
Q:
In determining probable cause, police officers must rely solely on direct information.
a. True
b. False
Q:
If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.
a. True
b. False
Q:
Police can never arrest someone for a minor traffic offense.
a. True
b. False
Q:
An officer's subjective, honest belief that a crime has been committed is enough to support probable cause to arrest. a. True b. False
Q:
The Georgia v. Randolphdecision draws a "fine line" for third party consent to search.
a. True
b. False
Q:
Full custodial arrest is not the most invasive type of arrest.
a. True
b. False
Q:
The federal exclusionary rule applies only in criminal cases.
a. True
b. False
Q:
The Fourth Amendment applies to searches conducted by private persons acting without any government involvement.
a. True
b. False
Q:
Arrests are usually shorter in duration than stops.
a. True
b. False
Q:
Consent is always necessary for entry even if police are acting in an emergency situation.
a. True
b. False
Q:
Arrests produce written documents that become part of a person's record.
a. True
b. False
Q:
The exclusionary rule applies to evidence obtained in a consent search.
a. True
b. False
Q:
In Atwater v. City of Lago Vista,the Supreme Court ruled that:
a. the Fourth Amendment does not prohibit a warrantless arrest for a minor offense, including a traffic misdemeanor violation.
b. the Fourth Amendment prohibits a warrantless arrest for a minor offense, including a traffic misdemeanor violation.
c. the Fourth Amendment prohibits a warrantless arrest for a traffic misdemeanor violation.
d. the Fourth Amendment requires that in order to effect an arrest for a traffic misdemeanor violation there should be reasonable suspicion that the suspect has also committed a felony.
Q:
The exclusionary rule applies only to felony cases.
a. True
b. False
Q:
In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court held that: a. citations are the sole way for law enforcement to deal with misdemeanor offenders. b. arrests are permitted only for felony offenses, with no exceptions.c. the Fourth Amendment authorized a police officer to make a full custodial arrest for committing a fine-only criminal offense in his presence.d. deadly force can be used for misdemeanor offenders.
Q:
The principal argument against the exclusionary rule is that society pays a high price to secure its benefits.
a. True
b. False
Q:
In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court decided that the:
a. arrest was reasonable because the offense was repeated and serious.
b. arrest was unreasonable because the offense was not serious.
c. decision to arrest should be left to officer discretion.
d. arrest was unreasonable since Atwater was not a flight risk.
Q:
After an arrest, which of the following do the police NOT commonly do?a. take DNA samples from the arrested personb. fingerprint the suspect c. interrogate the suspect d. search the suspect
Q:
Identify and discuss the two requirements for the admissibility of evidence obtained in a consent search.
Q:
Most misdemeanor offenders are issued a(n) _______, but can be arrested under certain circumstances.a. citationb. indictmentc. writ of appearance d. injunction
Q:
Discuss the conditions that must be met for a reasonable expectation of privacy to exist.
Q:
When does an individual lose their expectation of privacy in rental property?
Q:
In Brigham City Utah v. Charles Stuart and Others(2006), involving police entering a home without a warrant where teenagers were partying, drinking, and officers observed an altercation occurring inside the home, the Supreme Court ruled that:
a. the officers' entry of the home without a warrant violated the Fourth Amendment.
b. the officers had a right to enter without a warrant because they feared the teens would flee from the house if they waited.
c. the officers had the right to enter without a warrant because they had an objectively reasonable basis for believing someone in the home was seriously injured or being threatened with imminent injury.
d. the officers should have called an ambulance and let the EMTs enter without a warrant.
Q:
In Graham v. O"Connor(1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the Supreme Court indicated that:a. the use of excessive, non-deadly force in making arrests is not covered by the Constitution.b. the reasonableness of a particular use of force must be judged based on the benefit of hindsight.c. the question in excessive force cases is whether an officer's actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to his underlying intent.d. asking whether an officer's actions were "malicious and sadistic" is an important inquiry.
Q:
Review the Nix v. Williams case and respond to the following: do you feel that the Supreme Court made the correct assumption in stating that the searchers probably would have found the deceased girl's body even without the information provided by Williams? If the Supreme Court had ruled that the subsequent discovery of the body and related evidence was fruit of the poisonous tree would justice have been served? Why or why not?
Q:
In Graham v. O'Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the Supreme Court held that claims of excessive force in the course of making an arrest are to be analyzed under:a. a substantive due process standard.b. the Fourth Amendment's "objective reasonableness" standard.c. a "malicious and sadistic" standard.d. a subjective standard that focuses on the intentions of the officer making the arrest.
Q:
The "attenuation" doctrine requires a showing that the time between the improper police conduct and the subsequently discovered evidence was sufficiently lengthy to dissipate the "taint" of the illegal conduct. What do you feel is a sufficient length of time for this to be appropriate? Do you believe that there should be a universal time period that would apply to all situations? Why or why not?
Q:
Where police misconduct violates an individual right protected by the U.S. Constitution, the applicability of an exclusionary rule (and a court's ability to change the rule) can depend on the constitutional right violated. Do you feel that evidence that would be omitted due to such a violation be excluded even if the evidence would show clear guilt or innocence? Why or why not?
Q:
In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, the Supreme Court ruled that:a. evidence seized from illegal use of deadly force is admissible in criminal cases.b. apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment and a police officer may not seize an unarmed, non-dangerous suspect by shooting him dead.c. evidence seized from illegal use of deadly force is not admissible in criminal cases.d. the use of deadly for to prevent the escape of all felony suspect, whatever the circumstances, in constitutionally unreasonable.
Q:
The landmark Supreme Court case of Tennessee v. Garner(1985) involved the authority of police to use deadly force to stop fleeing felons. In this case, the Supreme Court held that:
a. deadly force could be used only if the officer using deadly force had probable cause to believe the fleeing felon posed a physical danger to himself or others.
b. the Constitution does not address such a situation.
c. deadly force could be used only if the officer using it had reasonable suspicion that the fleeing felon posed a physical danger to himself or others.
d. deadly force could be used by the officer only if there was no other means reasonably available to stop the fleeing felon.
Q:
The U.S. Supreme has often held that "Mere police questioning does not constitute a seizure", Florida v. Bostick, 501 U.S. 429, 434 (1991), whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity. If the circumstances surrounding the knock-and-talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes "custodial" and the person is "seized" under the Fourth Amendment. With that noted, what factors do you think should be recognized as factors that should be taken into consideration when judging whether a person should reasonably consider him/herself in "custody"? Explain your responses.
Q:
According to the Supreme Court opinion in Tennessee v. Garner, involving the use of deadly force to apprehend a fleeing burglary suspect, deadly force:
a. is not a Fourth Amendment seizure.
b. to prevent the escape of all felony suspects is constitutionally reasonable.
c. is a Fourth Amendment seizure
d. can never be used for a property crime.
Q:
What is the "fruit of the poisonous tree" doctrine? Why do you think it is necessary to have such a rule?
Q:
What did the U.S. Supreme Court hold in U.S. v. Patane (2004)? What was the Court's rationale? Explain why you agree or disagree with this decision.
Q:
The vast majority of arrests are made:
a. with deadly force.
b. without the use of any force.
c. with the use of nondeadly force.
d. with the use of unreasonable force.
Q:
Most cases demand that arrest warrants identify the person to be arrested:
a. with absolute certainty.
b. in sufficient detail so that it leaves nothing to the discretion of the arresting officer.
c. with reasonable certainty.
d. by name.
Q:
Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine. Be sure to provide examples.
Q:
Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:
a. Federal Criminal Code.
b. Federal Rules of Evidence.
c. Federal Code of Regulations.
d. Federal Rules of Criminal Procedure.
Q:
Discuss the arguments for and against the exclusionary rule. Be sure to provide examples. Explain your position on the exclusionary rule.
Q:
Commonwealth v Dunlap (2007) dealt with which of the following issues?a. The collateral verification of hearsay evidenceb. The totality of the circumstances testc. The reliability of anonymous tips to police officersd. The validity of suspect statements in building probable cause
Q:
Knock-and talk sessions can become _____, if the questioning changes from consensual to interrogation, and may result in constitutional violations.
Q:
Courts have had conflicting opinions about the application of the _____ doctrine when improper police conduct consists of the failure to give the Miranda warning.
Q:
Which of the following is an exception to enter a home without a warrant?a. Exigent circumstances b. The smell of drugsc. A tip from a neighbord. A tip from an informant
Q:
Draper v. U.S. established that an anonymous tip can _______be used in and of itself to establish probable cause.a. selectively b. neverc. sometimes d. always
Q:
In Hudson v. Michigan, the court stated that the exclusionary rule is most appropriate in cases of _____ searches.
Q:
In developing probable cause, officers rely on their _______to make decisions regarding arrests without warrants.a. training and experience b. luck and intuitionc. good intentionsd. reasonableness and good faith
Q:
A search conducted pursuant to an invalid search _____ may be subject to the exclusionary rule.
Q:
Payton v. New Yorkruled which of the following is NOT a restriction on home arrests?a. Knock and announce rules b. Reliable informantsc. Felonies and arrests made during the daytimed. Stringent probable cause
Q:
The U.S. Supreme Court has concluded that the inevitable discovery exception has the same basic justification as the independent _____ rule.
Q:
In regard to seizures, the Supreme Court in Payton v. New Yorkheld that the Fourth Amendment:
a. requires an arrest warrant to enter a home in exigent circumstances.
b. requires an arrest warrant to enter a home when officers are in hot pursuit.
c. usually requires a warrant to enter a private home to arrest a citizen.
d. requires a warrant to arrest a suspect in a public place.
Q:
In ______ v. U.S., the Supreme Court held attenuation was an exception to the fruit of the poisonous tree doctrine.
Q:
The majority of arrests:
a. do not require a warrant to make the arrest reasonable as long as there is probable cause to arrest.
b. require a warrant based on probable cause.
c. occur in the home but still do not require a warrant.
d. occur after stops and frisks
Q:
One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____discovery rule.
Q:
The U.S. Supreme Court decided in Tennessee v. Garner (1985) that:a. police cannot shoot a fleeing suspect if he poses no imminent danger.b. suspects can be engaged with deadly force in the presence of bystanders who could possibly be harmed.c. lethal force can be applied against non-dangerous criminal suspects.d. lethal force is permitted against misdemeanor offenders.
Q:
One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____ source doctrine.
Q:
Examples of direct evidence that police can use to build probable cause include:a. a DNA profile, a suspect fleeing an office, and a suspect making furtive movements. b. a suspect fleeing an officer and a suspect making furtive movements.c. a DNA profile.d. a tip from a reliable informant and a suspect fleeing an officer.
Q:
The U.S. Supreme Court has refused to apply the derivative evidence rule to physical evidence obtained after obtaining a confession in violation of _____ v. Arizona.
Q:
In building probable cause, police officers may rely on:a. direct information and hearsay only.b. direct information, hearsay, and corroborated anonymous tips only. c. direction information only.d. direct information, hearsay, corroborated anonymous tips, and tips from informants.
Q:
Unreasonable searches and seizures that violate the _____ Amendment can trigger the federal exclusionary rule.
Q:
In building probable cause, police officers may rely on what they:a. see and hear only.b. see, hear, and smell only. c. see, hear, and taste only.d. see, hear, smell, and taste.
Q:
Violations of the _____ Amendment privilege against self-incrimination can result in exclusion of the confession.
Q:
In Graham v Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically "roughed up" by the police. The court said:a. The use of force was not excessive and upheld the conviction for being drunk in public.b. The police were justified in using force but should have given him the juice. However, the conviction stood.c. The use of force was excessive and the case was remanded back to the lower court.d. The police were justified in "roughing up" Graham and denying him any sugar or orange juice because it would have been "unreasonable" for the police to stop in the middle of an arrest and get him relief.
Q:
The fruit of the poisonous tree doctrine is also known as the _____ evidence rule.
Q:
In _____ v. Ohio, the U.S. Supreme Court made the federal exclusionary rule binding on the states.
Q:
In which of the following situations have the courts found a use of unreasonable force?
a. Police dog grabbed and held a defendant's arm until the police arrived.
b. Use of pepper spray on an armed suspect.
c. Binding a suspect's ankles to his wrists behind his back (hogtying).
d. Using a single application of the taser gun.
Q:
In _____ v. United States, the U.S. Supreme Court described the scope of the exclusionary rule and its application to indirect evidence.
Q:
Probable cause deals with:
a. hunches and suspicions.
b. an exact degree of probability.
c. factual and practical considerations of everyday life.
d. having a specified number of facts.
Q:
According to the Supreme Court in Draper v. U.S., involving a narcotics arrest based on an informant's description of a suspect:
a. hearsay cannot be used to determine probable cause.
b. magistrates must determine probable cause before officers make arrests.
c. police officers must have warrants in order to make arrests.
d. hearsay can be used to determine probable cause.
Q:
The primary purpose of the exclusionary rule is to deter _____ misconduct.
Q:
Who determines the ultimate legitimacy of a request for an arrest warrant?
a. A neutral magistrate
b. The officer making the arrest
c. The chief of police
d. The district attorney
Q:
Which of the following represents first-hand information immediately available to officers trying to establish probable cause?
a. Tips from a usually reliable informant
b. A finger print match from the crime lab
c. An anonymous call to a police hotline
d. Discussions between police officers
Q:
If a state has a state-created exclusionary rule, the federal exclusionary rule does not apply.
a. True
b. False