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Criminal Law
Q:
In which of the following scenarios would an officer not be able to make a lawful, warrantless arrest?
a. An officer smells marijuana emanating from the vehicle he just stopped.
b. An officer hears an assault taking place.
c. An officer witnesses a petty larceny.
d. An officer hears a kid talking about the compact disc player he shoplifted last week.
Q:
Which of the following does not have complete immunity from arrest?
a. Families of foreign diplomats
b. Servants of foreign diplomats
c. State legislators
d. Foreign diplomats
Q:
The use of a Taser might be considered unreasonable, excessive force if the subject is:
a. verbally abusive.
b. a flight risk.
c. an immediate threat.
d. a dangerous felon.
Q:
A study by Police One magazine found that the most commonly used less-than-lethal weapon is:
a. a baton.
b. OC spray.
c. the Taser
d. the bean bag round.
Q:
The police may not make a nonconsensual warrantless arrest inside a person's home or arrest a guest within that home without:
a. reasonable suspicion.
b. information that meets the two-pronged test for reliability.
c. justification under the community caretaker exception.
d. exigent circumstances.
Q:
Which of the following is not one of the five legitimate uses of force ("Rules of Engagement")?
a. effectuate an arrest
b. prevent escape
c. overcome resistance
d. overcome objections
Q:
The Supreme Court held that officers who were in hot pursuit of an armed robbery suspect acted reasonably when they entered the house and began to search for the man because "the Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others" in:
a. Payton v. New York
b. Warden v. Hayden
c. United States v. Watson
d. Tennessee v. Garner
Q:
Usually, officers cannot make a lawful arrest:
a. for any crime committed in their presence.
b. for any felony if they have probable cause.
c. with an arrest warrant.
d. for a misdemeanor committed outside their presence.
Q:
Searches at international borders:
a. must be based on reasonable suspicion.
b. must be based on probable cause.
c. may be conducted without probable cause or a warrant.
d. must be conducted randomly.
Q:
Which of the following is not considered when determining if the length of an investigative stop was reasonable?
a. the purpose of the stop
b. whether force was used to stop and detain the suspect
c. the reasonableness of the time used to investigate
d. the reasonableness of the means of investigation
Q:
All of the following delineate the point at which an arrest has actually occurred, except:
a. intending to take the person into custody.
b. exercising the authority to do so.
c. detaining or restraining the person to be arrested.
d. informing the arrestee of their rights.
Q:
The "fleeing felon" rule that allowed police officers to shoot any felon attempting an escape was invalidated by the Supreme Court's ruling in:
a. Dunaway v. New York (1979).
b. Brown v. Texas (1979).
c. Tennessee v. Garner (1985).
d. State v. MacKenzie (1965).
Q:
Which of the following, by itself, can be used as reasonable suspicion to conduct a stop?
a. anonymous tip
b. flight from police
c. general suspicion
d. existence of a wanted poster
Q:
Describe two exceptions to the exclusionary rule.
Q:
Discuss the exclusionary rule.
Q:
Explain the law of stop and frisk and why it is needed.
Q:
Explain informational and observational probable cause.
Q:
Explain reasonable suspicion.
Q:
The exception to the exclusionary rule referring to instances in which the preponderance of evidence suggests the defendant's guilt and that the illegal evidence is not critical to proving the case is known as ____________.
Q:
Evidence seized in violation of a person's constitutional rights is prevented from being admitted into court by the ____________.
Q:
The law of _____________was established in the landmark case of Terry v. Ohio.
Q:
A ________ is a brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity.
Q:
Officers wanting to make an unannounced entrance to execute a warrant may request a ____________ warrant.
Q:
Issuing magistrates must be ___________ and detached.
Q:
The Constitution does not provide an absolute right to be free from government intrusion, only _____________________.
Q:
The Fourth Amendment also requires that any search or arrest warrant be based on ____________ .
Q:
A ________ is a limited pat down search for weapons for the protection of the government agent and others.
Q:
The Fourth Amendment forbids ______________ searches and seizures.
Q:
A private store detective can search a shopper without first obtaining a warrant.
Q:
Airline employees inspecting luggage are not governed by the Fourth Amendment.
Q:
Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to search or arrest.
Q:
Probable cause can be established after a search or arrest is made.
Q:
Any intrusion on a person's freedom, including stop-and-frisk situations, involves Fourth Amendment protections.
Q:
The Miranda warning must be given during any stop.
Q:
Evidence that has been seized illegally by an independently-acting private person and turned over to the police is inadmissible in court as fruit of the poisonous tree.
Q:
Furtive conduct may not be considered part of the totality of circumstances when establishing probable cause.
Q:
One consideration in determining whether a search or seizure is reasonable is whether a person's reasonable expectation of privacy has been violated by the government.
Q:
Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom they seek to arrest.
Q:
The Constitution provides:
a. an absolute right to be free from government intrusion.
b. a right to be free from government intrusion unless a warrant has been issued.
c. a right to be free from unreasonable government intrusion.
d. a right against any form of intrusion by public or private parties.
Q:
The _____________ is based on the belief that when an officerinnocent of misconductlawfully executes a warrant, the possibility that the warrant itself was issued without sufficient probable cause should not withhold valuable evidence from the trial.
a. harmless error doctrine
b. inevitable discovery doctrine
c. good faith exception
d. valid, independent source doctrine
Q:
The exclusionary rule was established at the federal level in the 1914 case of:
a. Terry v. Ohio.
b. Wolf v. Colorado.
c. Mapp v. Ohio.
d. Weeks v. United States.
Q:
In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to cases involving admissibility of:
a. spontaneous utterances
b. involuntary confessions
c. evidence that would have inevitably been discovered
d. evidence obtained with an invalid warrant
Q:
In Segura v. United States (1984), although evidence discovered during an illegal entry into an apartment was excluded, evidence later found in the apartment with a warrant obtained with information totally unconnected with the illegal entry was admissible under the:
a. valid, independent source doctrine
b. confidential source doctrine
c. harmless error doctrine
d. reliable informant exception
Q:
Deterring government misconduct is the primary purpose of the:
a. good faith exception
b. exclusionary rule
c. Supreme Court
d. citizen review board
Q:
Federal lawsuits against police are filed under Title 42 of U.S. Code, Section 1983Civil Action for Deprivation of ______________.
a. Equal Protection
b. Due Process
c. Civil Rights
d. Human Rights
Q:
Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose?
a. A crime is in progress.
b. Illegal gambling is occurring at night.
c. Evidence would be destroyed
d. Making the officer's presence known would endanger them.
Q:
The totality of the circumstances test made establishment of probable cause by use of _______ easier for police.
a. warrantless investigative stops
b. informants
c. victim reports
d. articulable reasonable suspicion
Q:
The exception to the exclusionary rule that deems evidence admissible even if seized in violation of the Fourth Amendment when it can be shown that the evidence would have been discovered through lawful means is:
a. harmless error doctrine
b. good faith exception
c. inevitable discovery doctrine
d. valid, independent source doctrine
Q:
The _____________ doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial.
a. prior taint
b. attenuation of the taint
c. fruit of the tainted seizure
d. fruit of the poisonous tree
Q:
The exclusionary rule:
a. is a constitutional right under the Fourth Amendment
b. is a Congressionally created remedy
c. was promulgated by the Senate.
d. safeguards rights through its deterrent effect.
Q:
"Where the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed" is the Supreme Court's definition of:
a. reasonable suspicion
b. probable cause
c. a preponderance of the evidence
d. beyond a reasonable doubt
Q:
In United States v. Banks, the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry and that, in this case, a ________ wait satisfied the Fourth Amendment.
a. 1 to 2 minute
b. 30 seconds to 1 minute
c. 15 to 20 second
d. 5 to 10 second
Q:
Which of the following is insufficient to support probable cause?
a. physical evidence
b. admissions
c. association with known criminals
d. failure to protest arrest
Q:
All of the following are true of the exclusionary rule, except:
a. is used to discourage the police from violating a person's constitutional rights.
b. is judge-made law.
c. excludes illegally obtained evidence from trial.
d. it provides for criminal sanctions against the officer.
Q:
When executing a search or arrest warrant, the common law rule is that for an entry into the home to be constitutional, the police must first:
a. evacuate the immediate area.
b. knock and identify themselves and their purpose.
c. read the occupants their Miranda warnings.
d. obtain consent to enter.
Q:
In Rochin v. California, the Supreme Court held that searches that ___________ are a violation of due process and any evidence so obtained will, therefore, be inadmissible.
a. offend liberty
b. violate privacy
c. show a heedless disregard for civil rights
d. shock the conscience
Q:
What level of proof is required for a Terry stop?
a. reasonable suspicion
b. probable cause.
c. preponderance of the evidence.
d. no proof is required.
Q:
The Supreme Court made the exclusionary rule applicable to the states, holding that "all evidence obtained by searches and seizures in violation of the Constitution are by the same authority inadmissible in state court" in:a. Mapp v. Ohiob. Weeks v. U.S.c. United States v. Leond. Wolf v. Colorado
Q:
The Fourth Amendment regulates the actions of all of the following, except the:
a. Internal Revenue Service
b. Secret Service
c. United Parcel Service
d. Food and Drug Administration
Q:
All warrants are to be based on:
a. a preponderance of the evidence.
b. reasonable suspicion.
c. proof beyond a reasonable doubt.
d. probable cause.
Q:
The Supreme Court stated that the exclusionary rule operates as a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a constitutional right of the person aggrieved in:a. Mapp v. Ohiob. Weeks v. U.S.c. United States v. Leond. Wolf v. Colorado
Q:
The section of the Fourth Amendment makes warrantless searches and seizuresvalid and constitutional when they are sensible is the:a. warrant clauseb. probable cause clausec. reasonableness claused. privacy clause
Q:
The principle that looks at all available information to assess whether the sum total would lead a reasonable person to believe what the officers concluded is the:
a. bright line approach
b. totality of the circumstances
c. individual circumstances
d. overall assessment
Q:
"Probable cause to search" means:
a. having more evidence against a set of probabilities.
b. officers reasonably believe that evidence, contraband or other items sought are where they believe them to be.
c. that a reasonable person would believe the items may or may not be at a particular location.
d. the officers have reasonable suspicion to think the items are where they wish to search.
Q:
The most commonly used method to determine reasonableness is the case-by-case method, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
Q:
One way courts have determined reasonableness is the bright line approach, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
Q:
An unlawful search and seizure can include all of the following consequences, except:
a. departmental sanctions.
b. criminal liability.
c. evidence would be admissible in court.
d. civil liability.
Q:
The law of stop and frisk deals with that time frame during which officers follow up on their suspicions but before the time that the requisite ______________ is established to justify an arrest.
a. probable cause
b. reasonable suspicion
c. proof beyond a reasonable doubt
d. preponderance of the evidence
Q:
Discuss the historical background of the Second Amendment.
Q:
Discuss the two opposing interpretations of the Second Amendment that have clashed over the years. In light of current rulings, has either side won?
Q:
Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004. What are some concerns about the legislation?
Q:
Discuss the Brady Act.
Q:
Explain the Second Amendment's current status, and how that status affects laws relating to gun ownership.
Q:
During the colonial period, the ______________ was considered to be the entire male populace of a state.
Q:
A ____________ is a set ending time for legislation that is not renewed, which is how the assault weapon ban in the Violent Crime Control and Law Enforcement Act of 1994 expired.
Q:
Some activist groups argue that an ________ citizenry is the best defense against tyranny.
Q:
The purpose of the __________________ is to prevent prohibited persons from obtaining handguns.
Q:
According to the Brady Center, a gun is ___ times more likely to be used in a completed or attempted suicide, criminal assault or homicide, or unintentional shooting death or injury than to be used in a self-defense shooting.
Q:
The Law Enforcement Officer's Safety Act allows "___________ active and retired law enforcement officers" to carry concealed weapons anywhere in the U.S.
Q:
______________ rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.