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AJ004 ch6

Terms in this set (56)

According to Welsh v. Wisconsin (1984), what must a law enforcement officer consider when determining whether or not there are exigent circumstances justifying a warrantless entry into a home?​
​Seriousness of the offense
Which of the following acts by a law enforcement officer would NOT be a seizure of a person?​
asking questions
In Wilson v. Layne (1999) the Court held that which of the following situations violated the Fourth Amendment?​
media ride alongs
Why do roadblocks to control the flow of illegal aliens need less protection than other locations under the Fourth Amendment?​
​Both because there is strong governmental interest and they are unobtrusive.
Police are not required to obtain a warrant, even if they have time, in which of the following locations?​
a public place
Whose perception determines whether a person has been arrested?​
a reasonable person
__________ is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation?​
arrest
Which of the following is NOT one of the elements of arrest?​
perception of the officer
An arrest, like a stop, is a Fourth Amendment:​
seizure of a person
Whether or not a seizure has occurred is viewed from the perspective of a reasonable _____ under those particular facts and circumstances.​
person
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
What are the two types of seizure?​
​Actual and constructive
What must a police officer present to a magistrate to obtain an arrest warrant?​
​An affadavit
An arrest warrant which has a detailed description of the suspect but does not have the suspect's name is known as a(n) _____ warrant.​
John doe
In general, before serving or executing an arrest or search warrant at a residence, the officers must:​
​knock and announce their identity and purpose.
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.
The requirement of intention to arrest is hard to prove because it exists only in the mind of the:​
police officer
Taking a person into custody by use of firearms is a type of:​
actual seizure
Which of the following is a court order or writ that commands a police officer to take a person into custody?​
capias
Which of the following is required to be in a warrant?​
the offense charged
The justification for the search of an arrestee's person on arrival at the station is to:​
​inventory the contents of his pockets.
If an arrest is invalid, the:​
​evidence obtained during or after the arrest may be suppressed.
Which of the following is NOT a legitimate objective of an inventory search?​
​To find any drugs on the arrestee's person
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.
Which of the following can the police do during an arrest?​
use handcuffs
What standard of proof is required for a body cavity search?​
probable cause
The idea behind the requirement that officers announce their purpose before breaking into a residence is to:​
​enable voluntary compliance by the suspect and avoid violence
In Kennedy v. Los Angeles Police Department (1989), the Supreme Court addressed the issue of intrusiveness with regard to:​
anal and cavity searches
The police may not enter a suspect's home to make a routine felony arrest without a warrant in the absence of:​
consent
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
In most states, warrants are issued by:​
judges
In some states warrants can be served by peace officers and:​
​a properly designated private citizen.
A writ from a court ordering a person to appear in court at a specified time is known as a:​
citation
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
Which of the following exceptions to the knock-and-announce rule have been ruled as unconstitutional? ​
blanket exceptions
Citizen's arrest is authorized by:​
common law
The use of force is governed by:​
all of these answers are correct
The rule on use of force is that non-deadly force may be used as long as it is:​
reasonable
Officer Masih has taken Hank into custody for possession of cocaine. Officer Masih has information that Hank has concealed a baggie of cocaine in a body cavity. Officer Masih will conduct a body cavity search.
The taking of Hank into custody is a:​
seizure
​Officer Masih has taken Hank into custody for possession of cocaine. Officer Masih has information that Hank has concealed a baggie of cocaine in a body cavity. Officer Masih will conduct a body cavity search.
​Since this body cavity search for cocaine is more intrusive, greater _________ is given by the courts.
protection
​Officer Masih has taken Hank into custody for possession of cocaine. Officer Masih has information that Hank has concealed a baggie of cocaine in a body cavity. Officer Masih will conduct a body cavity search.
Whether Hank has been seized or not is determined by the standard of:​
a reasonable person
​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 an arrest, the encounter must be a(n):​
​actual or constructive 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:​
have arrest authority, display an intention to arrest, have probable cause
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, ​can search the area of immediate control, can use handcuffs
In most jurisdictions, assuming probable cause, officers may make warrantless arrests for both felonies and misdemeanors if the offense is committed in the officer's presence.​
Correct!
true
If police make a valid arrest of a person in an automobile, then the police are automatically entitled to search the trunk.​
false
Police who make a valid arrest are automatically entitled to make a protective sweep.​
false
If a suspect is booked, then an inventory search may be immediately conducted.​
true
there are four elements to an arrest.​
true
Seizure in an arrest may be either actual or constructive.​
true
The fact that a police officer tells a person, "You are under arrest," is sufficient to constitute an arrest.​
false
In Michigan v. Chesternut, the Supreme Court ruled that there is no single clear, hard-and-fast rule applicable to all investigatory pursuits.​
true
One of the elements of arrest is arrest authority.​
true
Constructive seizure is accomplished by taking the person into custody with the use of hands or firearms.​
false
A motorist stopped by an officer for speeding is temporarily under arrest.​
false
Most arrests are made without a warrant.​
true
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