Chapter 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure

Test Bank

Multiple Choice

1. What is the standard for legal arrest?

A. preponderance of evidence

B. beyond a reasonable doubt

C. probable cause

D. gut instinct

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Knowledge

Answer Location: Probable Cause

Difficulty Level: Easy

2. Which of the following is described as “reasonable suspicion that a crime has been or is about to be committed by a specific person”?

A. probable cause

B. intuition

C. clairvoyance

D. exigent circumstance

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Knowledge

Answer Location: Probable Cause

Difficulty Level: Easy

3. Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

A. Police officer training causes them to be too suspicious.

B. Police officers are expected to be untrustworthy.

C. Magistrates are more knowledgeable about warrants.

D. The oversight of a neutral magistrate is aspect of balance of power.

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Analysis

Answer Location: The Fourth Amendment

Difficulty Level: Medium

4. A judge may determine there was NOT sufficient probable cause for an arrest if probable cause was established ______.

A. as the result of an anonymous letter

B. only after an arrest was made

C. with the assistance of a confidential informant

D. because the suspect resembled the profile of a dangerous criminal

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Analysis

Answer Location: Probable Cause

Difficulty Level: Hard

5. Which of the following describes a situation where police would have probable cause to search and seize evidence or arrest an offender?

A. After a bomb destroys a building, police arrest several members of a religious group that held religious services near the bombed building.

B. An officer finds a car that has been vandalized with spray paint. He has a hunch that it was vandalized by a well-known delinquent in the neighborhood, so he arrests the teen, conducts a search of the teen’s house, and seizes several cans of spray paint.

C. Police receive an anonymous tip that a person is building a bomb that they plan to detonate at a school. The police immediately arrest them, search the individual’s home, and seize bomb-making materials.

D. A police officer recognizes the car of a person who has been convicted of drug possession in the past. Although there is no indication the driver is under the influence, the officer stops the car and immediately arrests the individual.

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Application

Answer Location: Probable Cause

Difficulty Level: Hard

6. What is prohibited under the exclusionary rule?

A. any evidence anonymously sent to the defense attorney

B. any evidence anonymously sent to the police

C. any searches incident to arrest

D. any illegally obtained evidence from being used at trial

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Comprehension.

Answer Location: The Exclusionary Rule

Difficulty Level: Medium

7. What was the critical finding in Weeks v. United States (1914)?

A. It established the use of the exclusionary rule in federal cases.

B. It extended provisions of the exclusionary rule to the states.

C. It established what constituted an “impartial magistrate” for issuing warrants.

D. It clarified the definition of probable cause.

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Knowledge.

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

8. In which U.S. Supreme Court case were the provisions of the exclusionary rule extended to the states?

A. Terry v. Ohio (1968)

B. Kentucky v. King (1849)

C. Weeks v. United States (1914)

D. Mapp v. Ohio (1961)

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Knowledge.

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

9. What is the main purpose of the exclusionary rule?

A. It protects against unreasonable searches and seizures by removing the incentive for police to obtain evidence illegally.

B. It makes the case more difficult to prove, which ensures that only guilty people will be convicted.

C. It prohibits searches except in circumstances that are beyond a reasonable doubt.

D. It limits the scope of the constitutional protection against unreasonable searches and seizures.

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Analysis.

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

10. During an investigation, police officers seize evidence after forcible entry into a suspects home without first obtaining a warrant. When the case went to trial, the judge did not admit this evidence. Which of the following does this exemplify?
A. exclusionary rule
B. Terry doctrine

C. search and seizure

D. probable cause

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Application.

Answer Location: The Exclusionary Rule

Difficulty Level: Hard

11. In which case did the exclusionary rule first appear?

A. Mapp v. Ohio (1961)
B. Weeks v. United States (1914)
C. Terry v. Ohio (1968)

B. Kentucky v. King (1849)

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule Cognitive Domain: Comprehension.

Answer Location: The Exclusionary Rule

Difficulty Level: Medium

12. What does it mean when an officer swears in an affidavit?

A. that he or she is the victim of a crime

B. that he or she avows knowledge a particular person committed a crime

C. that the officer used profane language in an official court document

D. that the officer pledges to carry out his or her duties in a lawful manner

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.

Cognitive Domain: Comprehension

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

13. There are many steps to obtain an arrest warrant: First, the officer must swear in an affidavit, then the affidavit must be presented to a judge. What is the next step in the process?

A. The prosecutor will press charges on an accused individual.

B. The detective will gather physical evidence to back up the affidavit.

C. The police officer will execute the warrant and take the suspect into custody.

D. If the judge finds there is probable cause, they will issue a warrant.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.

Cognitive Domain: Analysis

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

14. Who issues a search warrant?

A. a neutral magistrate

B. the police chief

C. a judge familiar with the police officer

D. the police detective

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.

Cognitive Domain: Knowledge

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Easy

15. A police officer is walking her beat when she hears a woman scream for help from inside a house. The officer would have the right to search the home without obtaining a warrant. Which of the following terms describes this situation?

A. pressing matters

B. exclusionary cases

C. exigent circumstances

D. imminent cause

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Application

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Hard

16. Which of the following would be considered exigent circumstances?

A. The victim of a bike theft tells officers he has the name of the suspect.

B. A suspect is attempting to flush suspected drugs down the toilet.

C. A citizen is disrespectful to an officer during a traffic stop.

D. A murder suspect is unconscious in the hospital after a car crash.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Application

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Hard

17. Which of the following are considered lawful police practices?

A. choosing every third vehicle for a drunk driving check

B. singling out vehicles at random for drunk driving checks

C. stopping all vehicles passing through a drunk driving checkpoint

D. arresting all occupants in a vehicle when the driver is cited for drunk driving

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Application

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Hard

18. When compared to searches conducted without a warrant, searches conducted with a warrant are ______.

A. presumed to be legal

B. more likely to lead to the destruction of evidence

C. more likely to result in a conviction being overturned

D. presumed to involve reasonable suspicion

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Analysis

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

19. What has the U.S. Supreme Court said about establishing roadblocks to collect information from motorists about a crime?

A. Any such roadblocks are prohibited and considered harassment.

B. Short stops are permissible considering the value in solving a crime.

C. Any such roadblocks are prohibited because the police do not have a warrant.

D. Stops of any duration are permissible considering the value in solving a crime.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Comprehension

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

20. What rule requires police officers to first knock and announce their presence before entering a person’s home to execute a search warrant?

A. announcement principle

B. knock and announce rule

C. exclusionary rule

D. proclamation rule
Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Comprehension

Answer Location: Searches and Seizures in General

Difficulty Level: Medium

21. In which of the following circumstances would police officers be required to “knock and announce” their presence before executing a search warrant?

A. Officers are told by an informant that a home’s occupant plans to shoot any officer that comes to their door.

B. Officers are aware that the occupant of the home is armed and dangerous.

C. Officers have a warrant to search for drugs, but when coming up to the residence, they hear the occupants say, “Quick, flush it down the toilet!” followed by running footsteps.

D. Officers have a warrant to search for drugs, but the occupants of the house do not appear to be home.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Application

Answer Location: Searches and Seizures in General

Difficulty Level: Hard

22. Compared to searches of automobiles, police are expected to meet a higher standard when it comes to searches of which of the following places?

A. school

B. workplace

C. home

D. place of worship

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Analysis

Answer Location: Searches and Seizures in General

Difficulty Level: Medium

23. Which type of officers rarely have the opportunity to perform searches after interviewing victims and witnesses due to the constraints of their assignment?

A. patrol officers

B. command staff

C. detectives

D. crime prevention officers

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Medium

24. Why does the Supreme Court give more latitude to police in searching automobiles?

A. Automobile searches are not covered by the Fourth Amendment like houses, persons, and effects are.

B. Automobiles are less likely to include multiple owners from which to obtain consent to search.

C. Automobiles have more places that are visible in plain sight.

D. Automobiles can be used to escape and hide evidence.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Medium

25. What two conditions must be in place for an officer to seize contraband that is in plain-view?

A. An officer must be lawfully on the premises, and the discovery must be inadvertent.

B. An officer must be able to clearly see the contraband, and a magistrate must verify probable cause after the seizure.

C. An officer must be conducting a warranted search, and the discovery must be incidental.

D. An officer must be granted permission to patrol the premises, and they must be granted consent from the owner of the property to seize the contraband that is spotted.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Plain-View and Open-Field Searches

Difficulty Level: Medium

26. Each of the following types of searches may be conducted without a warrant EXCEPT ______.

A. searches incident to lawful arrest

B. searches of minors

C. searches of automobiles under special conditions

D. searches when consent is given

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

27. What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969)?

A. Warrantless searches incident to a lawful arrest are not permissible under any circumstances.

B. The search must be confined to the area within the suspect’s immediate control or from an area where the suspect might procure a weapon.

C. Warrantless searches incident to arrest are permissible when exigent circumstances exist.

D. The search must be narrowed only to checking for weapons or other items that may pose a risk to officer safety.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

28. In Arizona v. Gant (2009), the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.
A. may search the vehicle without a warrant

B. may not search the vehicle without a warrant unless a drug-sniffing dog indicates there is contraband present

C. may not search the vehicle without a warrant unless the arrestee had access to the vehicle at the time of the search

D. may search the vehicle without a warrant unless the suspect invokes their right to counsel

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

29. In Maryland v. King (2013), the Supreme Court suggested that taking DNA from a person after arrest but prior to conviction was comparable to which of the following?

A. taking a mugshot

B. taking a handwriting sample

C. taking fingerprints

D. taking pictures of tattoos

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

30. What is it called when police are allowed to search a residence following a lawful arrest in order to reveal the presence of someone who might be a danger?

A. precautionary search

B. protective sweep

C. stop and frisk

D. residential casing

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Medium

31. What has the U.S. Supreme Court ruled with regard to the collection of DNA evidence?

A. Police can collect DNA from anyone with whom they come into contact.

B. Police can collect DNA only with a search/seizure warrant.

C. Police can collect DNA from individuals arrested but not convicted.

D. Police can only collect DNA from individuals following their conviction.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Medium

32. Which of the following must happen before a judge will issue a warrant?

A. A detective must present the entirety of their investigation to the judge.

B. A prosecutor must petition the judge for a warrant.

C. An officer must make a sworn affidavit that establishes probable cause.

D. A district attorney must agree to argue a case in court.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Medium

33. In order to invoke the Carroll doctrine, the situation must require immediate action. What is the second rule established by Caroll v. United States?

A. A person must have given consent for the officer to search.

B. The area searched must be in the immediate presence of the arrested individual.

C. The police must have a reasonable suspicion that a crime had taken place.

D. There must be enough probable cause that a search warrant would have been given if there had been enough time.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches of Automobiles

Difficulty Level: Medium

34. An officer was patrolling a parking lot when he noticed a person unconscious in their car. When he went over to investigate, he noticed that the person had an open bag of illegal drugs in their hand. Which of the following best explains what the officer has the right to do in this situation?

A. The officer has the right to arrest the individual without a warrant because the illegal items are in plain view.

B. The officer must swear an affidavit to gain access to the car for a search and arrest, otherwise the evidence would be excluded.

C. Using the standard established in Terry v. Ohio, the officer has the right to stop and frisk the individual.

D. The officer must wake up the occupant of the vehicle and gain consent in order to seize the drugs.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Application

Answer Location: Plain-View and Open-Field Searches

Difficulty Level: Hard

35. An officer suspects that Mary is selling drugs out of her apartment. When the officer knocks on the door, Mary’s roommate answers the door, and the officer requests permission to search the apartment. In which of the following circumstances would the search be considered a violation of Mary’s Fourth Amendment right protecting against unreasonable searches and seizures?

A. Mary’s roommate gives consent, but Mary immediately comes to the door and refuses permission. The officer searches the house anyway.

B. Mary’s roommate tells the officer that Mary is at work, and refuses permission for the officer to search. Because Mary isn’t present, the officer searches the apartment anyway.

C. Mary’s roommate tells the officer that Mary is at her parents’ house, and gives him permission to search the apartment.

D. Mary’s roommate tells the officer that it is ok to search the apartment, and although Mary does not want the officer to search, she does not protest because she is afraid she will look guilty.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Application

Answer Location: Consent to Search

Difficulty Level: Hard

36. What is the term for on-the-spot searches for the purposes of determining if a person has a weapon?

A. protective sweeps

B. cursory searches

C. knock and announce

D. stop and frisk

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

37. The “Terry Stop” resulted in allowing officers to ______.

A. stop and frisk suspects based only on reasonable suspicion

B. question suspects after a determination of probable cause

C. search suspects based on reasonable suspicion

D. interrogate suspects based on reasonable suspicion

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

38. Which court case established the “plain feel” doctrine?
A. Maryland v. Wilson (1997)

B. Terry v. Ohio (1968)

C. Minnesota v. Dickerson (1993)

D. Harris v. United States (1968)

Learning Objective: 8-5: Review what is meant by “stop and frisk”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

39. What is it called when an officer establishes probable cause through the sense of touch?
A. stop and frisk

B. reasonable suspicion

C. exclusionary rule

D. plain feel doctrine

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

40. Which U.S. Supreme Court case authorized police officers to order all passengers out of a vehicle during a traffic stop regardless of any suspicions of wrongdoing or threat to officer safety?

A. Maryland v. Wilson (1997)

B. Terry v. Ohio (1968)

C. Minnesota v. Dickerson (1993)

D. Harris v. United States (1968)

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

41. Which of the following is NOT accurate regarding warrantless searches of an automobile?

A. Motorists still have an expectation of privacy during a traffic stop if contraband is hidden in a vehicle and detected by a drug-sniffing dog.

B. Police have the right to enter an impounded vehicle following a lawful arrest in order to inventory its contents.

C. When an officer has probable cause to search a vehicle, they may search objects belonging to a passenger in the vehicle.

D. An officer has probable cause to believe that the automobile contains criminal evidence.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Searches of Automobiles

Difficulty Level: Medium

42. Which of the following is a violation of the constitutional right protecting against searches and seizures?
A. A drug-sniffing dog detects contraband during a routine traffic stop, so an officer searches the car and seizes drug paraphernalia.

B. Police attach a GPS device to a suspect’s car without a warrant.

C. Police search the purse of a passenger after the driver has been arrested for driving under the influence, and seize contraband.

D. Police seize illegal guns that were discovered in the trunk of the car while the officer was attempting to help a motorist change a tire.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Application

Answer Location: Searches of Automobiles

Difficulty Level: Hard

43. Why is it not acceptable for a hotel clerk to give consent to a warrantless search of a hotel guests’ room?

A. It is unconstitutional to search a room when the occupant is not present, even if the owner or co-occupant gives consent.

B. Hotel clerks are not considered to be reliable sources of information.

C. When the guest is in the hotel room, they temporary take legal ownership of the premises.

D. Hotel guests have a reasonable expectation of privacy.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Consent to Search

Difficulty Level: Easy

44. In 2012, the U.S. Supreme Court ruled that police ______ when they attached a global positioning system (GPS) to a suspect’s vehicle without a search warrant.

A. were within their right

B. violated the Constitution

C. were not conducting a search and therefore no rights were violated

D. did not violate a reasonable expectation of privacy

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches of Automobiles

Difficulty Level: Easy

45. Which case held that any form of electronic surveillance is a search and violates a reasonable search of privacy?

A. Katz v. United States

B. Tennessee v. Garner

C. Moore v. United States

D. Smith v. Johnson

Learning Objective: 8-6: Explain generally to what extent the police may use electronic devices in order to obtain information from members of the public.

Cognitive Domain: Knowledge

Answer Location: Electronic Surveillance

Difficulty Level: Easy

46. Warrants for electronic surveillance must be based on probable cause. Which of the following is another requirement?

A. The surveillance cannot involve a hidden microphone worn by an informant.

B. The surveillance must be for an extended period of time to ensure that enough evidence is obtained.

C. The surveillance must be occurring in a public place.

D. The surveillance must stop as soon as the expected information has been obtained.

Learning Objective: 8-6: Explain generally to what extent the police may use electronic devices in order to obtain information from members of the public.

Cognitive Domain: Comprehension

Answer Location: Electronic Surveillance

Difficulty Level: Medium

47. Under what circumstances do the protections of the Fifth Amendment apply?

A. They protect against using blood samples in criminal trials.

B. They protect against using handwriting samples in court.

C. They protect against any utterances made when an individual was under the influence of drugs or alcohol.

D. They protect civil and criminal defendants testifying at trial.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Comprehension

Answer Location: The Fifth Amendment

Difficulty Level: Medium

48. The Fifth Amendment affords protection against ______.

A. cruel and unusual punishment

B. self-incrimination

C. unreasonable search and seizure

D. unlawful arrest and detention

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Comprehension

Answer Location: The Fifth Amendment

Difficulty Level: Medium

49. When must police advise suspects of their Miranda rights?

A. at any point during the interrogation

B. before arrest for felony offenses or misdemeanor offenses

C. during interrogation when the suspect starts disclosing facts about the case

D. after arrest but before interrogation of any felony or misdemeanor offense

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

50. The warning that specifies to a criminal defendant his right to remain silent and his right to counsel is contained in the ______.

A. Miranda warning

B. exclusionary waiver

C. waiver of extradition

D. silence warning

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

51. The accused has a right to an attorney in each of the following scenarios EXCEPT ______.

A. at a police lineup after the accused has been arrested

B. at all face-to-face confrontations after being arrested

C. when the police are using a technique of photo-lineup by showing a witness individual photos or a group of photos

D. before being formally charged

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Application

Answer Location: The Fifth Amendment

Difficulty Level: Hard

52. The Fifth Amendment protection against self-incrimination does not apply to every type of evidence. Which of the following would be a situation that would be covered by the constitutional protection against self-incrimination?

A. Prior to arrest, the accused is asked to provide a handwriting sample.

B. During interrogation, the accused is asked questions about the crime, but is given the opportunity to remain silent.

C. After arrest, the accused is asked to provide a saliva sample.

D. On the stand and under oath, the accused is asked directly if they committed the crime.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Application

Answer Location: The Fifth Amendment

Difficulty Level: Hard

53. All of the following individuals would be protected by the Fifth Amendment protection against self-incrimination, EXCEPT a ______.

A. defendant testifying at their criminal trial

B. defense attorney cross-examining witnesses at a criminal trial

C. witness testifying in front of a congressional committee

D. witness testifying in front of a grand jury

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Application

Answer Location: The Fifth Amendment

Difficulty Level: Hard

54. What is one way that a suspect can invoke their right to remain silent?

A. making written statements instead of oral statements

B. refusing to answer any questions after hours of questioning

C. staying silent for the first interrogation, even if they make incriminating statements during the second interrogation

D. stating to the officer(s) that they are choosing to remain silent

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Application

Answer Location: The Fifth Amendment

Difficulty Level: Hard

55. Compared to in-person lineups, photo-lineups are considered to be less likely to result in which of the following?

A. a conviction

B. a positive identification

C. a misidentification

D. inadmissible eyewitness evidence

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Analysis

Answer Location: The Fifth Amendment

Difficulty Level: Medium

56. The accused is entitled to have an attorney present for a police lineup if the suspect has been ______.

A. arrested, but has not been charged

B. formally charged

C. “Mirandized”

D. assigned a public defender

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Comprehension

Answer Location: The Fifth Amendment

Difficulty Level: Medium

57. What is a pretrial procedure that involves police showing a witness the suspect along with several other individuals in order to determine if the witness can identify the guilty party?

A. interrogation

B. arraignment

C. identification exercise

D. lineup

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

58. What is a technique that police use to try and minimize faulty eyewitness identifications?

A. ensuring that the investigating detectives are not present to avoid inadvertent clues that may be picked up by the witness

B. allowing multiple witnesses to view suspect lineups at the same time so they can compare their recollections

C. focusing on in-person lineups as opposed to photo lineups

D. informing the witness that they may be subject to civil charges if they misidentify a suspect

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Comprehension

Answer Location: The Fifth Amendment

Difficulty Level: Medium

59. What is the number one cause of wrongful convictions?

A. police prejudice

B. judicial misconduct

C. faulty eyewitness identification

D. prosecutorial misconduct

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

60. What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

A. six-pack

B. 10-pack

C. slideshow

D. suspect photo identification

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

61. When preparing a photo lineup for a witness, the detective working on the case intentionally chose a photo of the suspect where he was wearing similar clothes to those described by the victim--formal attire. All other photos in the lineup were dressed in very casual clothes. The judge decides that the officer violated the suspect’s right to fairness by doing so. Which of the following describes the most likely outcome?

A. Formal charges against the suspect must be dropped.

B. The defense attorney will file a motion to remove the detective from the case.

C. The suspect will be granted a new trial.

D. The photo lineup evidence must be excluded from the trial.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Application

Answer Location: The Fifth Amendment

Difficulty Level: Hard

62. The right to an attorney is guaranteed by which amendment?

A. Fifth Amendment

B. Sixth Amendment

C. Fourth Amendment

D. Seventh Amendment

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.

Cognitive Domain: Knowledge

Answer Location: The Sixth Amendment

Difficulty Level: Easy

63. What rights were clarified in the U.S. Supreme Court ruling in Powell v. Alabama (1932)?

A. It guaranteed the right to counsel to the indigent in all felony cases.

B. It guaranteed the right to counsel to the indigent in capital cases.

C. It guaranteed the right to counsel to the indigent in misdemeanor cases with a potential jail term.

D. It guaranteed the right to counsel to juvenile delinquents.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

64. Which U.S. Supreme Court case guarantees the right to counsel for all indigent persons charged with felonies?

A. Argersinger v. Hamlin (1973)

B. Escobedo v. Illinois (1964)

C. Gideon v. Wainwright (1963)

D. Powell v. Alabama (1932)

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

65. What is an exception to the Miranda requirement?
A. a routine traffic stop

B. a custodial interrogation of a DUI suspect

C. an interrogation following arrest for a state crime

D. an interrogation regarding a misdemeanor

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

66. If an accused has invoked their right to counsel, what are police required to do?

A. formally charge the accused

B. interrogate them for a different crime

C. attempt to obtain consent through deception

D. stop the interrogation immediately

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

67. Which of the following cases clarified the right to counsel to indigents charged with a misdemeanor that carried the possibility of incarceration?

A. Argersinger v. Hamlin (1973)

B. Escobedo v. Illinois (1964)

C. Gideon v. Wainwright (1963)

D. Powell v. Alabama (1932)

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.
Cognitive Domain: Knowledge

Answer Location: The Sixth Amendment

Difficulty Level: Easy

68. The Miranda v. Arizona (1966) case is important for establishing the guidelines for police to inform suspects of their rights. What case set the precedent for Miranda, in which the Supreme Court threw out a conviction because a suspect was questioned without being able to confer with his/her lawyer and was not informed of his/her rights?

A. Katz v. United States (1967)

B. Escobedo v. Illinois (1964)

C. Gideon v. Wainwright (1963)

D. Powell v. Alabama (1932)

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.

Cognitive Domain: Analysis
Answer Location: The Sixth Amendment

Difficulty Level: Medium

69. Which right does your textbook’s author describe as one of the “greatest right[s] we enjoy in a democracy”?

A. Fourth Amendment protection against unreasonable searches and seizures

B. Fifth Amendment protection against self-incrimination

C. Sixth Amendment right to an attorney

D. Eighth Amendment protection against cruel and unusual punishment

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.
Cognitive Domain: Knowledge

Answer Location: The Sixth Amendment

Difficulty Level: Easy

70. Which of the following rights is granted under the Sixth Amendment?

A. the right to effective counsel

B. the right not to be subject to double jeopardy

C. the right to due process

D. the protection against unreasonable searches and seizures

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.
Cognitive Domain: Knowledge

Answer Location: The Sixth Amendment

Difficulty Level: Easy

True/False

1. A police officer cannot add to the probable cause used to make the arrest after making the arrest.

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Knowledge

Answer Location: Probable Cause

Difficulty Level: Easy

2. Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Knowledge

Answer Location: Probable Cause

Difficulty Level: Easy

3. The Exclusionary Rule outlines who is eligible to conduct searches and seizures of evidence for criminal cases.

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule.

Cognitive Domain: Knowledge

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

4. In Mapp v. Ohio (1961), the U.S. Supreme Court first coined the term exclusionary rule.

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule.

Cognitive Domain: Knowledge

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

5. Patrol officers must obtain a warrant in order to make any arrest.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Knowledge

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Easy

6. Police are allowed to stop all vehicles passing through a sobriety checkpoint without a warrant.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Knowledge

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Easy

7. The Fourth Amendment does not require police officers to knock and announce their presence before entering a person's home to execute a search warrant.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Knowledge

Answer Location: Search and Seizure in General

Difficulty Level: Easy

8. The U.S. Supreme Court has ruled that after an individual is arrested and in police custody away from his or her vehicle, the police must obtain a search warrant to search the suspect's vehicle.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.
Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

9. In the case of Terry v. Ohio (1968), the U.S. Supreme Court authorized the use of on-the-spot searches of detained individuals if the officer suspects the person is carrying a weapon.

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

10. In Maryland v. Wilson, the Court held that police may not order passengers out of vehicles they stop.

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Knowledge

Answer Location: Stop and Frisk

Difficulty Level: Easy

11. Officers have greater discretion in searching vehicles because vehicles can be used to facilitate an escape or hide evidence.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches of Automobiles

Difficulty Level: Easy

12. Officers do not need a warrant to seize contraband that is in plain view while the officer is lawfully inside the premises.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Comprehension

Answer Location: Plain-View and Open-Field Searches

Difficulty Level: Medium

13. Police are authorized to lie to citizens and say they have a search warrant.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Consent to Search

Difficulty Level: Easy

14. The police are not required to read Miranda warnings verbatim.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

15. The U.S. Supreme Court decision in Powell v. Alabama clarified an individual's right to an attorney in all felony and misdemeanor cases.

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.

Cognitive Domain: Knowledge

Answer Location: The Sixth Amendment

Difficulty Level: Easy

Short Answer

1. Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Comprehension

Answer Location: The Fourth Amendment

Difficulty Level: Medium

2. Probable cause is based on what the officer knew at what point in time?

Learning Objective: 8-1: Define and provide examples of probable cause.

Cognitive Domain: Comprehension

Answer Location: Probable Cause

Difficulty Level: Medium

3. What does the exclusionary rule prohibit?

Learning Objective: 8-2: Explain the rationale for, ramifications of, and exceptions to the exclusionary rule.

Cognitive Domain: Knowledge

Answer Location: The Exclusionary Rule

Difficulty Level: Easy

4. Explain how exigent circumstances alter routine police procedures.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle.
Cognitive Domain: Comprehension

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

5. Describe the “knock and announce” rule and how it applies to the police.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle
Cognitive Domain: Comprehension

Answer Location: Search and Seizure in General

Difficulty Level: Medium

6. Identify the five types of searches that may be conducted without a warrant.

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.

Cognitive Domain: Knowledge

Answer Location: Searches and Seizures With and Without a Warrant

Difficulty Level: Easy

7. Under what circumstances are police officers allowed to conduct pat-down searches of detained individuals?

Learning Objective: 8-5: Review what is meant by “stop and frisk.”

Cognitive Domain: Comprehension

Answer Location: Stop and Frisk

Difficulty Level: Medium

8. What are police officers authorized to do when they are lawfully within a residence and see drugs or other contraband in plain view?

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant.
Cognitive Domain: Application

Answer Location: Plain-View and Open-Field Searches

Difficulty Level: Hard

9. Describe one way in which Miranda rights have been eroded.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded.

Cognitive Domain: Knowledge

Answer Location: The Fifth Amendment

Difficulty Level: Easy

10. What was the essential ruling in Argersinger v. Hamlin (1973)?

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests.

Cognitive Domain: Comprehension

Answer Location: The Sixth Amendment

Difficulty Level: Medium

Essay

1. Contrast how the roles of police detectives and patrol officers determine whether they need a search warrant.

Learning Objective: 8-3: Explain the rights of--and limitations on-- the police with regard to searching a person’s home, immediate area, body, and vehicle
Cognitive Domain: Analysis

Answer Location: Arrests With and Without a Warrant

Difficulty Level: Medium

2. What was the U.S. Supreme Court's rationale for prohibiting police agencies from attaching GPS tracking devices to suspect vehicles?

Learning Objective: 8-4: Distinguish between arrests and searches and seizures with and without a warrant

Cognitive Domain: Comprehension

Answer Location: Searches of Automobiles

Difficulty Level: Medium

3. To what extent may police use electronic devices to obtain information from members of the public?

Learning Objective: 8-6: Explain generally to what extent the police may use electronic devices in order to obtain information from members of the public

Cognitive Domain: Comprehension

Answer Location: Electronic Surveillance

Difficulty Level: Medium

4. Describe Miranda rights and how these protect the accuseD.

Learning Objective: 8-7: Discuss some significant ways in which the Miranda decision has been eroded

Cognitive Domain: Comprehension

Answer Location: The Fifth Amendment

Difficulty Level: Medium

5. Discuss some of the landmark U.S. Supreme Court cases that clarified indigent rights to counsel.

Learning Objective: 8-8: Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests

Cognitive Domain: Comprehension

Answer Location: The Sixth Amendment

Difficulty Level: Medium