Q&A Hero

Q: Discuss what might constitute exigent circumstances. Give specific examples.

Q: Discuss the relationship between electronic surveillance and one's reasonable expectation of privacy.

Q: List three fundamental constitutional rules for searches and discuss their importance.

Q: Discuss at least five exceptions to the search warrant requirement.

Q: After a person has __________ property, he or she has no reasonable expectation of privacy relative to that property.

Q: The property around a home or dwelling directly associated with use of that property is called the____________.

Q: Driving while intoxicated and hot pursuit situations are examples of ____________.

Q: The __________ doctrine allows officers who feel something that they immediately identify as contraband, it can be lawfully seized based on probable cause.

Q: Vehicles may often be searched without a warrant because of their ____________.

Q: When officers arrest someone in a home, they are allowed to make a ____________ for their safety.

Q: The area within a person's reach or immediate control is called the person's__________.

Q: _________ includes anything that is illegal for people to own or have in their possession.

Q: Courts typically justify the consent exception by two separate tests: the ____________ test and the ____________ test.

Q: General searches are ____________.

Q: A person's refusal to give consent to search can be used to establish probable cause.

Q: Seizures of items from a suspect's body, such as hair samples, are typically allowed without a warrant incident to arrest if painless reasonable procedures are used.

Q: Since they are not incarcerated, probationers and parolees enjoy the same Fourth Amendment rights as law-abiding citizens.

Q: "Open fields" is a federal concept only; some states hold that "No Trespassing" signs establish a right of privacy requiring a warrant.

Q: If a warrant states that one specific item is sought, the search may still continue after it is found.

Q: A person's reasonable expectation of privacy determines when Fourth Amendment protections apply.

Q: The maxim that it is unreasonable for officers to search for "an elephant in a matchbox" means the size of the item(s) sought determines where officers may reasonably search.

Q: When both occupants are present and one consents to a search and one objects, the consent "overrides" the refusal and officers can legally search.

Q: For a search to have occurred, government agents must make physical entry into someone's property.

Q: Officers are required to inform people that they have the right to refuse consent to search.

Q: Exigent circumstances include all of the following, except: a. driving while intoxicated. b. a person fleeing upon seeing an officer approach. c. rendering emergency aid. d. danger of destruction of evidence.

Q: The Fourth Amendment applies: a. only to police investigating criminal activity. b. only to state and federal law enforcement agencies. c. to the actions of both public officials and private citizens. d. to all government workers.

Q: The precedent for warrantless searches of vehicles came from: a. Carroll v. United States. b. Chambers v. Maroney. c. Robbins v. California. d. South Dakota v. Opperman.

Q: Limited searches conducted in accordance with constitutional guidelines serve society's needs while: a. protecting the individual. b. preserving the admissibility of any discovered evidence. c. preventing improper conduct by overzealous law enforcement agents. d. serving to protect against a successful appeal of a conviction.

Q: The precedent case for searches incidental to a lawful arrest is: a. Minnesota v. Dickerson. b. Terry v. Ohio. c. New Jersey v. T.L.O. d. Chimel v. California.

Q: The Supreme Court has said that a Fourth Amendment _________ is a governmental infringement of a legitimate expectation of privacy. a. search b. seizure c. arrest d. investigative stop

Q: In which of the following situations are school officials justified in searching without a warrant or probable cause if they have reasonable suspicion to believe contraband exists? a. University dorm rooms b. Students and student lockers at public and private schools c. Students and student lockers at public schools d. Adult students

Q: Which of the following have lower courts not yet recognized as analogous to plain view? a. plain feel b. plain smell c. plain hearing d. plain taste

Q: When a person is handcuffed after being arrested, officers may search: a. only their person. b. the area that has been under the immediate control of the suspect prior to being arrested. c. only where the suspect could reach while handcuffed. d. all areas where the suspect could have hidden evidence.

Q: All searches must be: a. with a warrant. b. with consent. c. limited in scope. d. general in nature.

Q: When conducting inventory searches of a vehicle, it is important to have: a. probable cause to trigger the automobile exception. b. a standard operating procedure. c. a warrant because the vehicle is no longer mobile. d. a systematic method for conducting the search..

Q: To obtain an electronic surveillance warrant, or wiretap order, probable cause that a person is engaging in particular communications must be established by the court and ______________ must have already been tried. a. random interception of communications b. normal investigative procedures c. an attempt to obtain one-party's consent d. a trap and trace device

Q: Relationships where third-party consent to search is allowed include all except: a. parent/child. b. employer/employee. c. landlord/tenant. d. host/guest.

Q: Which of the following is not one of the fundamental constitutional rules that apply to Fourth Amendment cases? a. There must be governmental action. b. General searches are unlawful. c. The person making the challenge must have a reasonable expectation of privacy. d. There must be law enforcement action.

Q: Explain when an arrest may be made.

Q: List the elements of an arrest.

Q: Discuss the controversial topic of use of force and the landmark cases guiding officer behavior.

Q: Explain when vehicles may be stopped and what officers can and cannot do.

Q: Compare and contrast a stop and an arrest.

Q: Police may arrest for an unwitnessed felony based on ________.

Q: Police officers are allowed, without reasonable suspicion of any criminal acts, to approach and detain citizens for _____________ purposes.

Q: A(n) _______ is the taking of a person into custody for the purpose of holding him to answer a criminal charge.

Q: A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause is called ____________.

Q: Common law has held that anyone witnessing certain crimes may make a(n) ____________ and then turn that individual over to authorities.

Q: When a reasonable person believes he or she is not free to leave, a(n) ____________ has occurred.

Q: Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a ____________.

Q: The length of an investigative detention should be measured in __________.

Q: Police may not enter a private home without the appropriate warrant(s) to make a routine felony arrest unless ______________ exist.

Q: An estimated 95 percent of all arrests are made ____________.

Q: Checkpoints at or near international borders require justification to stop all vehicles.

Q: De facto arrests are legal since officers are in the process of developing probable cause.

Q: Miranda warnings must be given during traffic stops if information is about to reveal probable cause to arrest.

Q: Officers may use deadly force to terminate a dangerous, high-speed vehicle pursuit.

Q: An officer's hot pursuit of a suspect cannot legally continue past the threshold to a private residence without a warrant.

Q: For an investigatory stop to be constitutional, the officer must have articulable probable cause.

Q: The only justification for the use of deadly force is self-defense.

Q: A seizure is not necessarily an arrest, but all arrests are seizures.

Q: A stop is a seizure of the person within the meaning of the Fourth Amendment.

Q: An arrest is an informal restraint on a person's liberty of movement.

Q: The circumstances in which officers leave their jurisdiction and enter another to make an arrest of a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines is called: a. fresh pursuit b. hot pursuit c. continuous pursuit d. unabated pursuit

Q: Police may make a warrantless arrest based on probable cause in all of the following circumstances, except: a. felony committed in their presence. b. an unwitnessed felony. c. most misdemeanors occurring outside their presence. d. any crime in their presence.

Q: People who are arrested have the right to all of the following, except: a. make a phone call. b. know the charges against them. c. appear before a magistrate without undue delay. d. a reasonable expectation of privacy.

Q: Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of: a. domestic assault. b. reckless driving. c. drug possession. d. illegal immigrants.

Q: A situation in which the police take someone in for questioning in a manner that is, in reality an arrest, but without the requisite probable cause (and therefore illegal) is called: a. an augmented stop. b. a seizure incident to arrest. c. detention tantamount to arrest. d. pre-arrest detention.

Q: Roadblocks have been found to be constitutional if their purpose is to check for: a. drugs. b. drunk drivers. c. illegal weapons. d. criminal activity.

Q: Officers must have a particularized and objective basis for suspecting the person stopped of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the: a. totality of the circumstances test b. articulable probable cause test c. presumptively reasonable standard d. objectively reasonable standard.

Q: The Supreme Court held that "In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house"¦Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant" in: a. Payton v. New York b. Illinois v. Wardlow c. United States v. Watson d. Tennessee v. Garner

Q: When would a traffic stop require Miranda warnings? a. An officer is asking for consent to search the vehicle. b. The officer is going to arrest the driver. c. Miranda warnings are not required for traffic stops. d. A records check reveals an expired license.

Q: In United States v. Sharpe the Court ruled that a stop: a. has no rigid time limit. b. has no time limit. c. can be no longer than 20 minutes. d. can be no longer than 75 minutes.

Q: In Illinois v. Wardlow, the Supreme Court ruled that unexplained flight from the police: a. is a constitutional right. b. does not, by itself, create reasonable suspicion c. in itself establishes reasonable suspicion. d. indicates, without exception, wrongdoing and establishes probable cause.

Q: Police may use deadly force against fleeing felons: a. if the pursuit enters another jurisdiction. b. if the police fear the felon would otherwise escape. c. only if the suspect presents an imminent danger to life. d. if state law requires it.

Q: In Florida v. J.L.,the Supreme Court ruled that Terry stops: a. can be justified by an anonymous tip. b. cannot be justified solely by an anonymous tip. c. only require probable cause. d. can be justified by an anonymous tip about deadly weapons only.

Q: A Terry stop requires: a. reasonable suspicion. b. informational probable cause. c. observational probable cause. d. corroborating information.

Q: A(n) ______________ is a situation where the police take someone in for questioning in a manner that is, in reality, an arrest: a. pretext arrest b. ulterior motive seizure c. de facto arrest d. material witness seizure

Q: If police officers make a stop for a traffic violation and are reasonably suspicious that the situation is dangerous, they: a. can order driver and passenger(s) out of the car, but not frisk them. b. cannot order driver or passenger(s) out of the car or frisk them. c. can order driver and passenger(s) out of the car and frisk them. d. can order driver and passenger(s) out of the car; can frisk driver, but not passengers.

Q: A warrantless arrest that begins in a public place is valid: a. only with good faith. b. only with reasonable suspicion. c. only if the officer witnesses the flight. d. if probable cause exists, even if the arrestee retreats to a private place.