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Criminal Justice Exam 2

Terms in this set (75)

Under what circumstances can a frisk lawfully take place after a stop? Only:​
​if justified by concerns for safety.
Stopping a person based on ethnic identity is called:​
​racial profiling.
An officer makes a valid stop for a non-violent offense. Which of the following actions by the officer is NOT automatically justified?​
​Conducting a frisk
Under which of the following circumstances can the police use stationhouse detention for fingerprinting?​
​When probable cause exists and with the suspect's consent
The location of concern in Pennsylvania v. Mimms was a:​
​vehicle.
If a person is taken to or kept at a police station without their consent and without an arrest warrant, for the purpose of taking fingerprints, the police must have:​
​reasonable suspicion.
In the absence of some justification, the overt display of police weapons during a stop may convert the stop into a/an:​
​arrest.
A stop becomes an arrest when it is:​
​longer than necessary.
Reasonable suspicion is required for which of the following police actions?​
​Both frisk and stop
​Officer Blake is on routine patrol in a neighborhood he regularly patrols. When he observes two young males pushing and shoving two other young males, yelling obscenities, and threatening to hurt the others, he stops his patrol car at the curb. He calls the dispatcher for backup and exits the car. As he exits the car and approaches the four, he does not recognize any of the four. Two of the males are wearing jackets with bulges in the right pockets of the jackets.
The four begin to surround Officer Blake, even after he asks them to stay in a line, and he observes the two with the bulging pockets stick their right hands in those pockets. He can:
​frisk them for weapons for his own protection.
A person has been seized under the Fourth Amendment if a reasonable person would believe:​
​they are not free to leave.
The case of Minnesota v. Dickerson involved:​
​the frisk in stop and frisk.
A frisk is a pat-down of the outer clothing to find:​
​weapons.
In which respect are a stop and an arrest similar? Both:​
are Fourth Amendment seizures of a person.
In vehicle stops, a drug courier profile may be considered when looking at​
​the totality of circumstances.
A stop is a Fourth Amendment:​
​seizure of a person.
In order to properly seize an item during a frisk, it must immediately feel like a/an:​
weapon
A _________ must be limited initially to a pat-down of a person's outer clothing.​
frisk
Officer Lee is patrolling in his marked police car at 3:00 a.m. one warm summer night, when he observes a man in a long overcoat walking down the sidewalk with his shoulders hunched over. The man stumbles several times. Officer Lee stops his car, notifies the dispatcher, exits his patrol car, and approaches the man, saying "Excuse me, mister, are you okay?"
If the man turns toward Officer Lee and waves a glass bottle in a brown paper sack at the officer, telling the officer to leave him alone, using very slurred speech, then Officer Lee
​can stop him and ask for identification.
An officer may seize an item during a frisk if it is immediately apparent that the item is:​
​contraband
A pat-down for weapons is known as a/an:​
​frisk.
After making a valid stop of a vehicle the officer can order the driver to exit the vehicle only if he/she has which of the following?​
​None of the answers are correct.
In addition to frisking of pedestrians under certain conditions, the Supreme Court has extended "stop and frisk" to include:​
​All of the answers are correct.
Seizure, even if the person did not attempt to leave, may be indicated by all of the following except​
​reaching for handcuffs.
The Fourth Amendment forbids:​
​unreasonable searches and seizures.
Which of the following can the police do during an arrest?​
​Use handcuffs
Police have a general power to arrest without a warrant under certain circumstances. Which of the following is NOT one of those circumstances?​
​A misdemeanor committed outside their presence
A writ from a court ordering a person to appear in court at a specified time is known as a:​
​citation.
A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions. This action by the officer:​
​is not a seizure.
Officer Jones has stopped Ren because he matches the description of a suspect in a robbery. To determine whether Officer Jones has arrested Ren, and thus to determine the legality of what Officer Jones does with Ren, the elements of an arrest must be considered.
If what Officer Jones has done is a legal arrest, Officer Jones must:
​display an intention to arrest.
To secure the issuance of a warrant, an affidavit must be filed before a magistrate, showing ________ for arrest of the accused.​
​probable cause a preponderance of evidence
Which of the following is NOT a legitimate objective of an inventory search?​
​To find any drugs on the arrestee's person
Which of the following acts by a law enforcement officer would NOT be a seizure of a person?​
​Asking questions
The justification for the search of an arrestee's person on arrival at the station is to:​
​inventory the contents of his pockets.
Officer Deeter has arrested Xavier based on probable cause, but without a warrant. Officer Deeter was on patrol passing by 123 Main Street, a two-story house, when he heard two gunshots, apparently coming from the house. He observed a white male of average size run out of the front door of the house, carrying a handgun. Officer Deeter pulled over his patrol car, exited the car, drew his service revolver, and yelled at the running man "Stop. Police." The running man stopped, dropping the handgun. Officer Deeter approached the man and placed him under arrest.
After the arrest, Officer Deeter:
​can search the arrestee.
Taking a person into custody by use of firearms is a type of:​
​Actual seizure
In Kennedy v. Los Angeles Police Department (1989), the Supreme Court addressed the issue of intrusiveness with regard to:​
​anal and cavity searches.
What standard of proof is required for a body cavity search?​
​Probable cause
Whether or not a seizure has occurred is viewed from the perspective of a reasonable _____ under those particular facts and circumstances.​
person
In general, before serving or executing an arrest or search warrant at a residence, the officers must:​
​knock and announce their identity and purpose.
If an arrest is invalid, the:​
​evidence obtained during or after the arrest may be suppressed.
In Payton v. N.Y. (1980) the U.S. Supreme Court held that police, in the absence of consent or exigent circumstances, may not enter a suspect's home to make a:​
​routine, warrantless felony arrest.
In 2000, in Atwater v. City of Lago Vista, the U.S. Supreme Court held that the Fourth Amendment does not prohibit a warrantless arrest for:​
​a minor criminal offense punishable only by a fine.
Officer Jones has stopped Ren because he matches the description of a suspect in a robbery. To determine whether Officer Jones has arrested Ren, and thus to determine the legality of what Officer Jones does with Ren, the elements of an arrest must be considered.
If what Officer Jones has done is a legal arrest, Officer Jones must:
​have probable cause.
The police have a warrant to arrest Tom Jones. They discover that he is in the home of Jim Smith. To lawfully arrest Jones in Smith's house, the police:​
​must obtain a search warrant for Smith's home.
Officer Jones has stopped Ren because he matches the description of a suspect in a robbery. To determine whether Officer Jones has arrested Ren, and thus to determine the legality of what Officer Jones does with Ren, the elements of an arrest must be considered.
If what Officer Jones has done is a legal arrest, Officer Jones must:
​have arrest authority.
The use of force is governed by:​
​All of the answers are correct.
Whose perception determines whether a person has been arrested?​
​Areasonable person
Which of the following is a court order or writ that commands a police officer to take a person into custody?​
​Capias
In Illinois v. McArthur (2001), the U.S. Supreme Court held that it was not a violation of the Fourth Amendment to detain a suspect:​
​outside his home on exigent circumstances while police obtained a search warrant.
There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police:​
​are legally at the location.
Searches and seizures by private citizens acting solely on their own:​
​are not covered by the Fourth Amendment.
A custodial search may be deemed "incident to arrest" even when carried out later than the time of arrest, if there was a:​
​valid reason for the delay.
Officer Smith has received information about a crime ring that has been operating in his patrol area, including burglaries where property was stolen, as well as information that cocaine in brown paper wrapping was being sold by the same group. In the burglary that occurred the night before, one of the burglars tore his jeans (leaving fibers) and cut his leg (leaving blood) when climbing through a broken window. The group used a tire tool to break into the house and took some custom gold jewelry.
If the information he gathers is about the torn jeans and blood, the search warrant is to search for items such as a suspect's clothing, is called:
​"mere evidence" of the crime.
If an officer encourages a private citizen to search his neighbor's house for a stolen television, the Fourth Amendment's protection from unreasonable searches and seizures:​
​does apply to this situation.
Which of the following is "mere" evidence?​
​Blood stained clothing and shoes
Under the Fourth Amendment, a seizure is:​
​a meaningful interference with a possessory interest in property.
Which of the following may be searched after a valid arrest?​
​Both their body and the immediate area
Officer Jones has entered an apartment building, based on information that two men were seen carrying 20 unopened identical boxes labeled LG Monitor into Apartment G about 30 minutes before the call to the police station with the information. A truck carrying LG monitors had been hijacked that morning. Officer Jones wants to legally obtain entry to Apartment G before they move the boxes to another location. According to the apartment manager, Apartment G is rented to Barney, a single male.
To get consent to search, which of the following must Officer Jones obtain from Barney in Apartment G?
​Barney's consent must be voluntary
The term contraband generally means:​
​items which are illegal for anyone to possess.
In a voluntary consent situation, voluntariness is determined by looking at the:​
​totality of the circumstances.
Airport searches require which of the following?​
​None of the answers are correct.
Under the Fourth Amendment, consent to search:​
​can be revoked by the person giving consent.
Under the exception for a search incident to a lawful arrest, officers may search:​
​the area in which the suspect could reach to obtain a weapon or destroy evidence.
The U.S. Supreme Court has held that the only requirement public high school officials need for a valid search of students is:​
​reasonable grounds.
Which of the following is not a special needs search?​
​Exigent circumstances
​Officer Davis is walking on a public sidewalk past property owned by Fred. He observes a wooden slat in the solid fence around Fred's property to be broken, so that he can see through the fence. He sees plants he believes to be marijuana.
Before Officer Davis can search Fred's property, he will need to gather evidence to present to a judge that rises to the level of:
​probable cause.
Police officers may search computers without a warrant in which of the following situations?​
​If they have a valid consent
The leading case on searching the area within the person's immediate control is:​
​Chimel v. California (1969).
The general rule regarding searches when applied to searches of computers is that officers must:​
​obtain a search warrant.
In searches and seizures without a warrant, who has the burden of proof regarding probable cause?​
​The police
Officer Jones has entered an apartment building, based on information that two men were seen carrying 20 unopened identical boxes labeled LG Monitor into Apartment G about 30 minutes before the call to the police station with the information. A truck carrying LG monitors had been hijacked that morning. Officer Jones wants to legally obtain entry to Apartment G before they move the boxes to another location. According to the apartment manager, Apartment G is rented to Barney, a single male.
If a female answers the door, what must Officer Jones establish before he can obtain valid consent to search?
​She must have the authority to give consent.
Which of the following is not a heavily or closely regulated business for Fourth Amendment purposes?​
​A supermarket
The exception for exigent circumstances applies when there is some kind of emergency situation that makes _____ dangerous, useless, or unnecessary.​
​obtaining a search warrant
Which of the following is NOT common to both search warrants and arrest warrants?​
​They both expire.
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