Searches and Arrests with Warrants Exam Questions Chapter 5

CHAPTER 5 TEST BANK

MULTIPLE CHOICE

1. Which of the following is not a restriction on warrantless arrests?

a. Arrests in private residences cannot be made without a warrant unless exigent circumstances exist.

b. Arrests in the homes of third parties cannot be made without a search and arrest warrant unless exigent circumstances exist.

c. A judicial determination of probable cause must be made following arrests made without warrants.

d. none of the above (all are restrictions)

2. Which of the following is not an exception to the knock and announce rule?

a. The occupant of a dwelling to be searched is violent.

b. The occupant of a dwelling has an extensive criminal record.

c. The occupant of a dwelling may destroy evidence.

d. The occupant of a dwelling knows the authority and purpose of the police.

3. For a warrant to be valid, it must be issued by a __________ magistrate.

a. neutral

b. detached

c. both a and b

d. none of the above

4. Warrants require

a. reasonable suspicion.

b. probable cause.

c. proof beyond a reasonable doubt.

d. preponderance of the evidence.

5. Which of the following is not a requirement for a search or arrest warrant to be valid?

a. probable cause

b. particularity

c. issued by a magistrate

d. generality

6. Which one of the following is a(n) appropriate/valid magistrate who can issue warrants?

a. judges

b. police officers

c. state attorneys general

d. prosecutors

7. Which case decided whether or not state attorneys general could issue warrants?

a. Arizona v. Hicks

b. Hill v. California

c. Bills v. Aseltine

d. Coolidge v. New Hampshire

8. Particularity in an arrest warrant depends on whether the police know the suspect’s

a. criminal history.

b. location.

c. name.

d. community involvement.

9. Particularity in a search warrant depends on whether the police know the

a. place to be searched.

b. detailed items to be seized.

c. suspect’s name.

d. both a and b

10. When a police officer displays a show of authority and intentionally restrains an individual, this is known as a(n)

a. stop.

b. arrest.

c. seizure.

d. both b and c

11. Arrests require

a. proof beyond a reasonable doubt.

b. probable cause.

c. reasonable suspicion.

d. a hunch.

12. Stops require only

a. proof beyond a reasonable doubt.

b. probable cause.

c. reasonable suspicion.

d. a hunch.

13. Which of the following is an example of an arrest?

a. A person is handcuffed and taken to a stationhouse.

b. A person driving an automobile is told to pull over.

c. A person is questioned about a crime that occurred earlier in the day.

d. A person is asked for their identification on a college campus.

14. When a person is confronted by the police and is still free to leave, this is known as a

a. stop.

b. nonstop.

c. Terry stop.

d. detention.

15. Which court case held that the Fourth Amendment prohibits warrantless, nonconsensual entries into private homes for the purpose of making an arrest?

a. Payton v. New York

b. United States v. Alexander

c. Maryland v. Garrison

d. Gooding v. United States

16. Which court case held that warrants are not required for public arrests?

a. United States v. Watson

b. Atwater v. Largo Vista

c. Ybarra v. Illinois

d. Warden v. Hayden

17. In certain cases, warrantless arrests can also take place inside

a. a private business.

b. the curtilage of a home.

c. a person’s home.

d. a third-party home.

18. Which of the following is not a type of exigent circumstance where a warrant is not required to make an arrest?

a. hot pursuit

b. danger to third parties

c. creation of incriminating evidence

d. possible escape

19. In Warden v. Hayden, police officers

a. tailed the suspect in his automobile until they had enough probable cause for an arrest.

b. kicked in the defendant’s door to his home and arrested third-party suspects.

c. pulled over the defendant in his automobile and arrested him without a warrant.

d. followed the defendant into his home and effectuated an arrest.

20. A Terry stop is also known as an investigative

a. detention.

b. seizure.

c. arrest.

d. nonstop.

21. What two important factors are weighed when determining when a stop evolves into an arrest?

a. duration of the stop

b. conducted in private or public view

c. degree of intrusion

d. all of the above

22. An arrest could be made without a warrant if a person

a. was committing or had committed a murder.

b. was smoking marijuana in their home.

c. committed simple assault against their spouse.

d. was drunk in public.

23. What was the “bright-line” rule that was set in place by Payton v. New York?

a. Searches in private homes must sufficiently meet the particularity requirement.

b. Arrest in the home must be accompanied by a warrant if no exigent circumstances exist.

c. Questioning individuals during a Terry stop must not last longer than two hours.

d. Traffic stops must be justified by meeting the “reasonable suspicion” threshold.

24. In Dorman v. United States, the court decided that if certain criteria are met, police may gain warrantless entry for the purposes of making an arrest. Which of the follow is not one of the criteria?

a. Escape is likely.

b. There is a strong reason to believe the suspect is on the premises.

c. The entry has to be made by force.

d. The suspect is believed to be armed.

25. All of the following are exceptions to the requirement that police officers obtain warrants for misdemeanors committed out of their presence except if

a. the act is committed at night.

b. others will be harmed.

c. the misdemeanant will flee.

d. evidence will be destroyed.

26. In Atwater v. Lago Vista (2001), what was the misdemeanor that had Atwater arrested?

a. petty theft

b. jaywalking

c. seatbelt violation

d. public intoxication

27. Which of the following is not a significant restriction concerning the service of warrants?

a. the use of deadly force

b. the condition of the suspect

c. property damage during the service of warrants

d. the knock and announce requirement

28. The knock and announce requirement is not necessary if the

a. police suspect the destruction of evidence.

b. door is closed and the suspect is home.

c. police believe the suspect is trying to escape.

d. both a and c

29. If property damage is __________, police actions can be deemed unconstitutional.

a. minor

b. required

c. excessive

d. sustained

30. Which court case set the standard for the use of “non-deadly” force?

a. Tennessee v. Garner

b. Hill v. California

c. Graham v. Connor

d. County of Sacramento v. Lewis

31. Which of the following is not a factor in deciding what a reasonable police officer would do?

a. severity of the crime

b. whether the suspect poses a threat

c. whether the suspect is resisting

d. all of the above

32. What was the case that laid the foundation of media presence during the execution of an arrest warrant?

a. Coolidge v. New Hampshire

b. Wilson v. Layne

c. Connally v. Georgia

d. Steele v. United States

33. Search warrants

a. should be served promptly after it is issued.

b. have no time constraints.

c. should only be served at night.

d. must be served within a month after its issuance.

34. “Daytime hours,” according to the FRE, are from

a. 9:00 am to 5:00 pm.

b. 6:00 pm to 12:00 pm.

c. 6:00 am to 10:00 pm.

d. 12:00 pm to 12:00 am.

35. If police were to search for a stolen vehicle, the most appropriate place to look would be a

a. greenhouse.

b. garage.

c. living room.

d. kitchen.

36. The scope and manner of a search

a. must be based on object sought.

b. cannot be excessive and unnecessary in terms of property damage.

c. cannot involve the search of guests or third-parties if there is no probable cause.

d. do not have to be described in the warrant.

37. Which case involved detaining people during the execution of a search warrant?

a. Prahl v. Brosamle

b. Ayeni v. Mottola

c. United States v. Clouston

d. Michigan v. Summers

38. A frisk is permissible if

a. there is reasonable fear for officer safety.

b. another officer is present.

c. a witness is available.

d. two or more individuals are stopped.

39. If items are seized after the service of a search warrant,

a. the police will inventory those items.

b. a subpoena will be issued immediately.

c. the police will sell those items.

d. police are required to notify people whose premises were searched.

40. Rochin v. California (1952) was a special circumstance in terms of the search warrant requirement where

a. a defendant had his stomach pumped.

b. a bullet was surgically removed from a defendant.

c. blood was drawn from a defendant.

d. a defendant was forced to give a urine sample.

TRUE/FALSE

1. ____ Generally, a warrant is preferred whenever it is practical to obtain one.

2. ____ A search or arrest warrant must be issued by a neutral and detached magistrate.

3. ____ Police officers are considered neutral and detached.

4. ____ The attorney generals of any given state are considered neutral and detached.

5. ____ The particularity requirement for a warrant means that it must describe the specific places and/or persons to be searched.

6. ____ “John Doe” arrest warrants may still be issued even without a detailed description of the suspect.

7. ____ If in connection with criminal activity, an item can be seized if it is in plain view.

8. ____ A Terry stop falls under the category of an arrest.

9. ____ Arrests require probable cause; stops require reasonable suspicion.

10. ____ Defining what constitutes an “arrest” will depend on the duration of the stop and the degree of the intrusion.

11. ____ If a search warrant insufficiently describes the place to be searched, the warrant will automatically be declared invalid.

12. ____ A nonstop occurs when a person confronted by the police is still free to leave.

13. ____ Carroll v. United States (1925) involved a misdemeanor that was committed out of a police officer’s presence.

14. ____ Arrests in the home must be accompanied by warrant if no exigent circumstances exists.

15. ____ Warrants are required for public arrests.

16. ____ Possible destruction of evidence is a common type of exigent circumstance.

17. ____ If there is a low probability to believe the suspect is not armed, then this constitutes an acceptable warrantless entry.

18. ____ It is more acceptable for a police officer to make an arrest with the act done in his or her presence.

19. ____ When serving a warrant at a person’s home, police are required to knock and announce their presence before entering.

20. ____ Physical force that “shocks the conscience” is not an acceptable degree of force during the service of warrants.

21. ____ Deadly force is authorized only when the crime in question is a misdemeanor and there is minimal risk to the police officers and others.

22. ____ Tennessee v. Garner (1985) set the standard for the use of deadly force.

23. ____ A wrongful arrest by police would be justified if incriminating evidence was found resulting from such arrest.

24. ____ The Court ruled in Wilson that bringing members of the media along to serve a warrant if they are not in aid of the execution of the warrant is a violation of the Fourth Amendment.

25. ____ Search warrants not only have location restriction but also time restrictions.

26. ____ Often, judges will restrict the service of search warrants from midnight to 5:00 am.

27. ____ Search warrants should take place promptly after its issuance.

28. ____ The “scope” of a search warrant should be restricted in places where such evidence could reasonably be found.

29. ____ A reasonable place to find a stolen car would be a garage.

30. ____ A frisk is permissible even without reasonable fear of the officer’s safety.

31. ____ Police will usually inventory the items seized during a search to protect police accountability and against theft.

32. ____ Police are required to notify people whose premises are searched of the procedures for getting their property back.

33. ____ Forcibly withdrawing blood from drunk driving suspects generally cannot occur without a warrant.

34. ____ Administrative search warrants are issued on particularized probable cause.

35. ____ Warrants cannot be issued based on the expectation that evidence will be present or will arrive at a particular location.

SHORT ANSWERS

1. What are the three requirements for a search or arrest warrant to be valid?

2. Who can and cannot be considered a “neutral and detached” magistrate?

3. What are the legal standards for the burden of proof for a stop versus an arrest?

4. Name two types of arrests that do not require warrants.

5. What is the reasoning behind taking inventory of the items seized after a search?

For the protection against police theft and helps to assure the person whose premises were searched that his or her property is accounted for.