Chapter 6: Police and the Rule of Law

Test Bank

Multiple Choice

1. ______ place(s) limits on police powers to ensure due process.

A. The President

B. The Supreme Court and the Constitution

C. Congress

D. Citizens

2. In which of the following circumstances would the meaning of “due process” change?

A. The president signs an executive order overturning the first 15 Amendments to the Constitution.

B. The Congress passes a law invalidating the Fifth Amendment.

C. The Supreme Court issues a ruling on a case involving due process.

D. The United Nations declares due process illegal.

3. The U.S. Supreme Court has defined due process protections as including _____ due process, substantive due process, protections against unclear laws, and protections against both federal and state abuses of power.

A. reasonable

B. reciprocal

C. federal

D. procedural

4. A police officer pulls over a motorist for a broken tail light. He smells marijuana in the car and decides to search the vehicle for drugs. What was the basis of his decision to conduct a search?

A. probable cause

B. reasonable suspicion

C. preponderance of evidence

D. assurance of criminality

5. Due process at the federal level is addressed by the ______ Amendment to the U.S. Constitution.

A. Fourth

B. Fifth

C. Sixth

D. Fourteenth

6. In order to conduct a legal search, officers must show that ______ exists that evidence of a crime will be found.

A. reasonable suspicion

B. clear and convincing evidence

C. probable cause

D. reasonable doubt

7. ______ is an objective basis supported by specific facts that leads an officer to believe that someone committed a crime.

A. Reasonable suspicion

B. Clear and convincing evidence

C. Probable cause

D. Reasonable doubt

8. Due process rights are based upon ______.

A. public opinion

B. police interpretation

C. case law

D. legal custom

9. Protection against unreasonable researches and seizures is guaranteed by the ______ Amendment.

A. Fourth

B. Fifth

C. Sixth

D. Fourteenth

10. In ______, the Supreme Court ruled that police can stop and frisk an individual based upon reasonable suspicion.

A. Mapp v. Ohio

B. Weeks v. United States

C. Riley v. California

D. Terry v. Ohio

11. Stop and frisk is also known as a ______ stop.

A. Terry

B. Riley

C. Katz

D. Bostick

12. The ______ rule states that evidence that was obtained illegally cannot be used in trial.

A. due process

B. evidentiary

C. exclusionary

D. suppression

13. In ______, the exclusionary rule was applied to the states.

A. Mapp v. Ohio

B. Weeks v. United States

C. Riley v. California

D. Terry v. Ohio

14. In ______, the Court held that, if an officer obtained a search warrant in good faith, the evidence can be submitted if it is later found that the reasons for the search were weak or that probable cause did not exist.

A. Mapp v. Ohio

B. Weeks v. United States

C. Katz v. United States

D. United States v. Leon

15. What was addressed in the Katz v. United States Supreme Court ruling?

A. the use of canines to search for drugs

B. the use of technology such as security cameras to monitor public streets and traffic lights

C. citizens’ reasonable expectation of privacy in their homes and certain public places

D. stop and frisks as a form of racial profiling

16. Under the ______ doctrine, additional evidence found as a result of initial illegal police activity is inadmissible in court.

A. purged taint

B. fruit of the poisonous tree

C. inevitable discovery

D. good faith

17. A police officer stops a motorist for speeding. While interacting with the officer, the motorist is rude and evasive when answering questions. Which of the following would be true in this situation?

A. The officer would have probable cause to search the vehicle without consent because the motorist is being rude.

B. The officer would not have probable cause to search the vehicle because the motorist cannot be searched without consent for any reason.

C. The officer would not have probable cause to search the vehicle without consent based on the motorists’ attitude alone.

D. The officer would have probable cause to search the vehicle without consent because the motorist was speeding.

18. The original intent of the exclusionary rule was to ______.

A. increase the amount of evidence available at trail

B. make it easier for police to arrest criminals

C. make it harder for police to convict criminals

D. deter police misconduct

19. What does the exclusionary rule prohibit?

A. The rule prohibits the use of illegally obtained evidence at trial.

B. The rule prohibits the use of any evidence anonymously sent to the police.

C. The rule prohibits the use of any evidence obtained through a search where the officer did not have probable cause.

D. The rule prohibits the use of any evidence that resulted from a search where the officer was not granted consent from the suspect who was searched.

20. Which of the following is a criticism of the exclusionary rule?

A. It increases police misconduct.

B. It hampers the ability of prosecutors to secure a conviction.

C. It deters police misconduct.

D. It significantly increases crime.

21. Which of the following cases relaxed the rigid requirements of the exclusionary rule?

A. Mapp v. Ohio

B. Terry v. Ohio

C. United States v. Leon

D. Katz v. United States

22. Which of the following examples would likely be granted an exception to the exclusionary rule?

A. Officer Kim believed the suspect was guilty, so he lied to the suspect and briefly showed them a copy of a search warrant from another case.

B. Officer Leon did not have a warrant but decided to conduct a search based on his intuition.

C. Officer Smith lied to get a search warrant, then conducted a search based on the defective warrant.

D. Officer Lopez conducts a search relying on a search warrant that she didn’t know was illegally obtained by another officer.

23. What was most notable about the Supreme Court decision in the Mapp v. Ohio case?

A. Prior to the Mapp decision, the exclusionary rule only applied to federal cases.

B. Prior to the Mapp decision, warrants were not required for searches.

C. Prior to the Mapp decision, illegally obtained evidence could be used in federal trials.

D. Prior to the Mapp decision, all searches required consent, even if officers had probable cause.

24. In a drunken rage, a man killed his wife and buried her in the backyard. He turned himself into the police and admitted that he killed her, and prior to being Mirandized, he revealed the location of her body. The defense argued that the evidence about the body was inadmissible because that information was obtained illegally. However, the prosecutor successfully argued that it should be admitted, because police would have discovered the freshly dug grave in the backyard without the confession. The judge allowed the evidence by citing the ______ rule.

A. exclusionary

B. inevitable discovery

C. fruit of the poisonous tree

D. good-faith exception

25. Officers illegally searched a home for drug manufacturing and discovered the drugs as well as victims of a human trafficking ring. What is true of the admissibility of the evidence regarding the human trafficking ring obtained during the search?

A. Evidence relating to the drugs would be inadmissible because of the exclusionary rule, but the evidence of human trafficking would be admissible.

B. Evidence of the human trafficking would be inadmissible, because the officers were not expecting to find human trafficking.

C. Evidence of human trafficking would be inadmissible because it is fruit of the poisonous tree.

D. Evidence of both crimes would be admissible due to the nature of their severity.

26. Which amendment protects individuals from having their property confiscated without due process?

A. Fourth Amendment

B. Fifth Amendment

C. Sixth Amendment

D. Fourteenth Amendment

27. A suspected drug dealer employed at a grocery store always goes to the back of the store beside the dumpster to make telephone calls. Police plant a listening device next to the dumpster to record his calls without a warrant. In court, the defense argues that evidence should be thrown out because this represented a warrantless search. If the court found in favor of the defense, what would likely be their reasoning?

A. The back of the store would not have been a public place.

B. The employee had a reasonable expectation of privacy.

C. The employee would not have carried out the conversation had he known there was a listening device.

D. Police are never allowed listen to phone conversations without a warrant.

28. The ______ allows federal agencies to more easily monitor e-mail and phone calls.

A. Computer Security Act

B. Stored Communications Act

C. Electronic Communication Privacy Act

D. Communications Assistance for Law Enforcement Act

29. Which of the following is associated with the first law enforcement technology revolution?

A. two-way radios

B. record management systems

C. fingerprint identification systems

D. red-light cameras

30. Record management systems, computer-assisted dispatch, and gunshot location technologies are all associated with the ______.

A. professionalization of law enforcement

B. second law enforcement technology revolution

C. proliferation of community policing

D. militarization of police

31. Technological advances in law enforcement have caused changes in ______.

A. the right to remain silent

B. dissatisfaction with law enforcement

C. expectations of privacy

D. due process rights for citizens

32. Red-light cameras, security cameras, and GPS tracking devices are all examples of ______.

A. due process

B. seizures

C. search technology

D. surveillance

33. In recent years, there have been many conflicting court case decisions about whether ______ is/are needed to monitor e-mails, text messages, and voicemails, suggesting that courts are struggling to decide how to balance privacy and safety.

A. technological changes

B. warrants

C. probable cause

D. reasonable suspicion

34. What does the use of a drug-sniffing dog to identify the presence of drugs inside a home and thermal technology looking for the heat from grow lights have in common?

A. Both are considered unconstitutional even if officers have a search warrant.

B. Both are acceptable options to identify drug growing operations if officers have been unable to obtain a search warrant.

C. Both tactics violate the reasonable expectation of privacy individuals have inside their homes.

D. Both would produce evidence that would be admissible in court.

35. Why is evidence from canine searches of automobiles allowed without a warrant, but evidence from canine searches outside of a home require a warrant?

A. The Supreme Court has not yet decided on a case regarding canine searches of automobiles.

B. The Constitution expressly protects homes, but not automobiles.

C. There is a higher chance that canines will misidentify drugs when searching a home compared to automobile searches.

D. There is a higher expectation of privacy in a home than there is in an automobile.

36. What event led to an increase in the number of monitoring devices designed to catch suspicious communications through e-mail and cell phones?

A. September 11 terrorist attacks

B. Manchester terrorist bombing

C. Bataclan terrorist attack

D. Oklahoma City bombing

37. According to your text, the Supreme Court has not yet decided on warrants associated with which of the following pieces of technology?

A. computers

B. cell phones

C. e-mail systems

D. radio communications

38. Which of the following must an officer do in order to obtain a search warrant?

A. Submit a written request to the police chief or the acting chief on duty.

B. Articulate reasonable suspicion in an affidavit to the issuing judge.

C. Submit a written request to the first-line supervisor, typically a sergeant.

D. Articulate probable cause in an affidavit to the issuing judge.

39. Which amendment requires that police officers obtain a warrant before conducting a search?

A. First Amendment

B. Fourth Amendment

C. Fifth Amendment

D. Fourteenth Amendment

40. If an officer legally enters a house and sees drug paraphernalia on a coffee table, the officer can seize the items under the ______ exception.

A. incident to lawful arrest

B. exigent circumstances

C. plain view doctrine

D. regulatory

41. Once a person is lawfully arrested, the officer can search ______.

A. the suspect only

B. the suspect and the area surrounding the suspect only

C. the suspect and the suspect’s dwelling or vehicle only

D. anything can be searched after a lawful arrest

42. Which of the following is an example of an exigent circumstance?

A. The police believe that the suspect may know the whereabouts of a violent criminal.

B. The police do not yet have undeniable evidence, but they are convinced the suspect is guilty.

C. The police believe that the suspect may destroy evidence.

D. The police believe that the suspect may confess if they are able to interrogate them.

43. The search of airline passengers and the inspection of vehicles and cargo at U.S. borders do not require a warrant because ______.

A. they are regulatory searches

B. they are not conducted by government officials

C. they are based on reasonable suspicion

D. they are based on the plain view doctrine

44. Most courts agree someone is under arrest ______.

A. whenever an individual is handcuffed

B. when a reasonable person believes she or he is not free to leave

C. only when an officer clearly states that the individual is under arrest

D. only once the individual has been booked

45. The landmark case Miranda v. Arizona pertained to a(n) ______.

A. confession obtained during an interrogation

B. unlawful arrest based upon a bad warrant

C. unlawful search based upon police misconduct

D. unlawful search based upon a no knock warrant

46. An individual must be Mirandized ______.

A. anytime the police speak to that individual

B. as soon as they are arrested

C. when they are interrogated after being taken into custody

D. when they request an attorney

47. The ______ Amendment guarantees the right against self-incrimination.

A. Fourth

B. Fifth

C. Sixth

D. Fourteenth

48. The ______ Amendment guarantees the right to an attorney in a criminal case.

A. Fourth

B. Fifth

C. Sixth

D. Fourteenth

49. All of the following are included in the Miranda warning except ______.

A. the right to appeal

B. the right to remain silent

C. the right to consult with an attorney

D. an attorney to be provided at no cost if they cannot afford one

50. Mistakes on search warrants can result in ______.

A. the arrest of the judge granting an erroneous search warrant

B. the erosion of public trust

C. the revocation of a police department’s ability to request search warrants

D. the closing of a police department

51. In 2017, the FBI conducted a raid at the home of political operative Paul Manafort early in the morning by breaking in without announcing themselves. Based on this information, which of the following statements is true?

A. The FBI had obtained a knock-and-announce warrant.

B. The raid would be considered unconstitutional.

C. The FBI had obtained a no-knock warrant.

D. The FBI had evidence that a crime was in progress, so they did not have to obtain a search warrant.

52. A police officer is walking in a community and hears a man screaming for help from inside a house. He immediately breaks in the home and saves the man’s life. Why was a search warrant not required to enter the house in this situation?

A. The man’s scream for help constituted consent to a search.

B. The fact that the man was screaming loud enough to be heard outside would fall under the plain view doctrine.

C. The warrant requirement would be waived because it would be considered a regulatory search.

D. Searches do not require warrants if there are exigent circumstances, such as an individual’s life being in danger.

53. Exigent circumstances are also known as ______.

A. exceptional circumstances

B. emergency circumstances

C. incident circumstances

D. regulatory circumstances

54. While conducting a safety check, a police officer is granted entry into a house and observes drug paraphernalia sitting on the table. Which of the following statements is true?

A. The officer would be able to seize the drugs without a warrant due to the plain view doctrine.

B. The officer would be able to search the premises because there are exigent circumstances, and she fears the evidence would be destroyed if she waited for a warrant.

C. The officer would be required to obtain a warrant for the house.

D. The officer would be able to seize the evidence, because by allowing her to enter the house, the homeowner provided consent to a search.

55. Exigent circumstances involve prevention of escape, harm to the officer or others, and ______.

A. consent

B. the emergency doctrine

C. a suspicionless search

D. destruction of evidence

56. Miley goes to court for a traffic ticket, and she is searched by court officers when entering the building. This is considered to be ______.

A. a suspicionless search

B. a regulatory search

C. incident to a lawful arrest

D. exigent circumstances

57. A school orders teachers to undergo urine testing. This would be an example of ______.

A. a suspicionless search

B. a regulatory search

C. incident to a lawful arrest

D. exigent circumstances

58. Michael is arrested for selling drugs. After his arrest, he is searched by an officer who finds a weapon. This is a type of warrantless search permitted under the ______ exception.

A. suspicionless search

B. regulatory search

C. incident to a lawful arrest

D. exigent circumstance

59. Courts claimed that warrantless searches of people under supervision encourage ______.

A. recidivism and reoffending

B. cooperation with law enforcement

C. distrust of the criminal justice system

D. deterrence and rehabilitation

60. An officer conducts a search of a boat he believes to be involved in drug smuggling. This is an example of ______.

A. the automobile exception

B. a regulatory search

C. incident to a lawful arrest

D. exigent circumstances

61. Which of the following is true of Miranda rights requirements?

A. An individual’s Miranda rights must be read before they are arrested.

B. An individual’s Miranda rights must be read before they are questioned.

C. An individual’s Miranda rights must be read at some point during the police interrogation.

D. An individual’s Miranda rights must be read only if they are arrested for a felony.

62. The U.S. Supreme Court overturned his conviction because Ernesto Miranda was not informed of the rights granted in the ______.

A. Fifth and Sixth Amendments

B. Fifth and Fourteenth Amendments

C. Fourth and Fifth Amendments

D. Sixth and Fourteenth Amendments

63. Fire inspections do not required warrants, because they are considered ______.

A. exigent searches

B. emergency searches

C. regulatory searches

D. suspicionless searches

64. The ______ ruling confirmed the right to an attorney.

A. Weeks v. United States

B. Miranda v. Arizona

C. United States v. Leon

D. Escobedo v. Illinois

65. In Escobedo v. Illinois, the Supreme Court ruled that the defendant’s right to counsel and right against self-incrimination were violated. These rights are granted in the ______.

A. Fifth and Sixth Amendments

B. Fifth and Fourteenth Amendments

C. Fourth and Fifth Amendments

D. Sixth and Fourteenth Amendments

1. The right to due process has not changed since it was defined in the U.S. Constitution.

2. Mapp v. Ohio held that the “totality of the circumstances” test be used to determine probable cause for a search.

3. Police need a warrant to search the contents of a cell phone during an arrest.

4. If a driver is rude to an officer during a traffic stop, this is enough to constitute probable cause to search the vehicle.

5. Reasonable suspicion may be based upon several weak arguments that, when taken together in the context of the situation, would lead a reasonable person to believe that a crime is being committed.

6. Under Terry v. Ohio, reasonable suspicion is enough for an officer to conduct a pat-down search.

7. Reasonable cause for a stop and frisk may be based upon information supplied by police informants.

8. Federal courts upheld the New York Police Department stop-and-frisk tactics, even though they have been criticized as racial profiling.

9. If police would have found the evidence with or without a warrant, even illegally obtained evidence can be used in court.

10. No warrant is needed to search a person’s trash.

11. Law enforcement tactics have dramatically changed as a result of technological innovations.

12. Using heat-sensing thermal imaging technology to observe activity inside a person’s house would require a search warrant.

13. A warrant is required to use canines to search a vehicle.

14. Prior to interrogating a suspect, an officer must follow a specific script outlined by the U.S. Supreme Court when Mirandizing the suspect.

15. Police must read a suspect their Miranda rights before interrogating the suspect.

16. If a police officer believes a crime has been committed, they can request a general warrant to search a suspect’s entire house and vehicle, even if they are not sure what they are looking for.

17. Parole officers must have a warrant before subjecting a parolee to a drug test.

18. Police are allowed to move belongings around under the plain view doctrine if they think that there may be illegal contraband in the house.

19. A Terry stop requires a Miranda warning.

20. Suspects have been known to give false confessions under stressful circumstances.

1. Identify the similarities and differences between the Fifth Amendment and the Fourteenth Amendment.

2. Describe why due process is one of the most important concepts in the Constitution.

3. Explain the purpose of the exclusionary rule and briefly list its exceptions and extensions.

4. Briefly define “probable cause” and give an example in which an officer may conclude that probable cause exists.

5. Discuss how technology has created new issues for law enforcement and the courts with regard to surveillance.

6. Explain how the Supreme Court applies the Fourth Amendment for canine searches. Briefly describe the differences when canines conduct searches outside an individual’s home compared to when searches occur near an individual’s car on a public street.

7. Identify mistakes that have been made when issuing and executing search warrants and the results of these mistakes.

8. Identify the six exceptions to the warrant requirement.

9. Describe the exigent circumstances that have been narrowly defined by the court.

10. Explain why it is difficult to determine when exactly a person has been formally arrested.

1. Compare probable cause and reasonable suspicion.

2. Describe the current debate regarding stop and frisk.

3. Discuss the current issues in the courts over the monitoring of cell phones.

4. Explain why the Miranda case is so important.

5. Why is it important for a suspect to have an attorney during custodial interrogation?