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Law
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.
Q:
The Second Amendment of the U.S. Constitution reads: "A well-regulated ___________ being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Q:
. In Presser v. Illinois (1886), the Court refused to _______________ the Second Amendment into the Fourteenth Amendment.
Q:
In McDonald, the Supreme Court applied the Second Amendment to the states, recognizing a person's right "to keep and bear arms for the purpose of ____________"
Q:
In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from infringing on the Second Amendment.
Q:
A portion of the Omnibus Crime Control and Safe Streets Act of 1967 made possession of a firearm by convicted felons unlawful.
Q:
There are no longer any national or state-sanctioned militias in the United States.
Q:
The Heller decision has had a sweeping impact on gun control laws across the United States.
Q:
The Supreme Court ruling in McDonald v. Chicago prevents state and local governments from passing gun laws.
Q:
Research has found little evidence that increased in the number of citizens with concealed handgun permits reduce or increase rates of violent crime.
Q:
The number of antigovernment "Patriot" groups has been declining in recent years.
Q:
The Second Amendment was drafted in a time when fear of tyranny from a strong central government was very strong.
Q:
United States v. Miller (1939) was a critical case because the court recognized an individual rather than a state right to bear arms.
Q:
The central controversy over the Second Amendment is whether people have a right to bear arms as individuals rather than only as part of a militia.
Q:
Until recently, courts throughout history:
a. have consistently rejected the individual rights view in favor of the states' rights interpretation.
b. have consistently rejected the states' rights view in favor of the individual rights interpretation.
c. rendered early decisions that favored the individual rights perspective but, since the 1970s, have progressively inclined more toward the states' rights perspective.
d. have continuously vacillated between the individual and states' rights perspectives, depending on the liberal or conservative orientation of the Supreme Court.
Q:
Justice Scalia noted that "the right"¦is not unlimited...Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places"¦or laws imposing conditions and qualifications on the commercial sale of arms" in:
a. United States v. Miller
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Q:
In District of Columbia v. Heller, the Supreme Court noted that the Second Amendment ____________'s text and history demonstrate that it connotes an individual right to keep and bear arms.
a. operative clause
b. prefatory clause
c. sunset clause
d. demurrer
Q:
United States v. Miller (1939):
a. is the case that set the precedent for the dozens of cases the Supreme Court hears every year concerning the issue of an individual's right to bear arms.
b. is a relatively insignificant case in the interpretation of Second Amendment rights.
c. was the first Supreme Court case that specifically addressed the scope of the Second Amendment.
d. is the basis upon which Congress passes federal gun control legislation.
Q:
The Supreme Court held that the right to keep and bear arms is fundamental to our scheme of ordered liberty and that it was clear that the framers of the Fourteenth Amendment deemed such a right as fundamental in:
a. McDonald v. Chicago
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Q:
In 2010, nine suspects were arrested in a plot to kill police officers, then attack the funeral using homemade bombs in hopes of killing more law enforcement personnel. These people were tied to:
a. a Muslim terrorist group.
b. Al Quada.
c. the Branch Davidians.
d. a Midwest Christian militia.
Q:
If members of the militia were called to service, they were to bring:
a. only their own arms. Ammunition was supplied by the government.
b. only their own ammunition. Arms were supplied by the government.
c. their own arms and ammunition.
d. nothing-the government supplied both arms and ammunition.
Q:
The Brady Act does not prohibit:
a. states from enacting longer waiting periods on firearms purchases.
b. instant, computerized background checks.
c. illegal aliens from purchasing firearms.
d. those dishonorably discharged from military service from purchasing firearms.
Q:
The purpose of the Brady Act is to:
a. limit the number of firearms on American streets at any given time.
b. prevent prohibited persons from obtaining handguns.
c. ensure that those obtaining firearms receive training in proper use and storage of their weapon(s).
d. prevent accidental injury or death by firearms.
Q:
Congress' power "to provide for the calling forth of the Militia to execute the laws of
the Union" was granted by:
a. United States v. Cruikshank
b. Article I, Section 8 of the Constitution
c. The Third Amendment
d. The Omnibus Crime Control and Safe Streets Act
Q:
The Law Enforcement Officers Safety Act of 2004, which allows off-duty officers and retired officers to carry concealed weapons throughout the country:
a. was ruled unconstitutional in U.S. v. Miller.
b. was strongly supported by the International Association of Chiefs of Police.
c. was strongly opposed by the International Association of Chiefs of Police.
d. provides for nationwide standards of use-of-force and firearms training.
Q:
Which of the following gives a person the legal right to use deadly force to defend that place, and any other innocent persons legally inside it, from violent attack or an intrusion that may lead to violent attack?
a. The Fourth Amendment
b. The Brady Act
c. Castle laws
d. The Second Amendment
Q:
Gun control opponents claim that gun control:
a. will prevent needless deaths and lower crime.
b. removes the role of local legislative bodies to be involved in the process.
c. will only put guns in the hands of criminals.
d. will force law-abiding citizens to seek alternate means of protection.
Q:
In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second Amendment applied to:
a. illegal immigrants.
b. the states.
c. private individuals.
d. certain misdemeanants.
Q:
The Supreme Court stated that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia in:
a. United States v. Miller
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Q:
In United States v. Emerson (1999), U.S. District Judge Sam R. Cummings:
a. placed a temporary moratorium on the purchase of small-caliber firearms pending results of a study by the Center to Prevent Handgun Violence.
b. upheld a lower court's ruling that a convicted felon should not be allowed to possess firearms.
c. handed down a landmark decision that permits specially trained and licensed individuals to carry concealed weapons.
d. went against all federal court precedent and restored a domestic abuser's firearms, citing the Second Amendment as guaranteeing the individual's right to keep and bear arms.
Q:
The Supreme Court held that "the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self- defense" in:
a. Adams v. Williams
b. Presser v. Illinois
c. McDonald v. Chicago
d. U.S. v. Lopez
Q:
During the colonial period and the earliest years of the country, a permanent army was not possible due to:
a. lack of citizen interest.
b. a shortage of weapons.
c. lack of funding and personnel, and organizational challenges.
d. intense pressure from British authorities to cease and desist from such militarization.
Q:
States' rights proponents asserted that:
a. everyone in the state has a right to keep and bear arms.
b. gun control should not be the business of federal government.
c. the Second Amendment was adopted with the primary purpose of preserving the state militia.
d. gun control laws protect and modify Article 8, Section 23 of the Constitution, allowing the president to declare war on other nations.
Q:
During the colonial period, the militia was considered to be:
a. the Continental Army.
b. enlisted minutemen.
c. the entire male populace of a state.
d. the entire national population.
Q:
In United States v. Lopez (1995), the U.S. Supreme Court:
a. affirmed the constitutionality of the Gun-Free School Zones Act.
b. struck down the Gun-Free School Zones Act as being unrelated to interstate commerce and, therefore, unconstitutional.
c. upheld a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in repetition.
d. struck down a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in repetition.