Bakersfield College Crim B4 Constitutional Criminal Procedure Quiz 2

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Chapter 3 1. The Fourth Amendment contains which two basic clauses? a. Probable and reasonable suspicion clauses b. Reasonableness and warrant clauses c. Reasonableness and probable cause clauses d. Search and seizure clauses

2. The Fourth Amendment protects which of the following from unreasonable searches and seizures? a. Persons b. Houses c. Papers and effects d. All of the above

3. Which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes? a. Person b. Individual c. Effects d. Entities

4. Which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis? a. Dwelling b. House c. Residential structure d. Unit

5. Which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence? a. Papers and effects b. Evidence c. Records d. Items 6. To define when a search takes place, which two important factors need to be considered? a. Government action and probable cause b. Government action and objective reasonableness c. Government action and reasonable expectation of privacy d. Probable cause and reasonable expectation of privacy

7. Who are considered government officials within the meaning of the Fourth Amendment? a. Uniformed police officers b. Fire inspectors c. Public school teachers d. All of the above

8. When people ______convey information or provide material to third parties, they cannot have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities. a. unwillingly b. involuntarily c. easily d. voluntarily

9. According to the Supreme Court, which of the following is the “area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life”? a. Open field b. Curtilage c. Physical presence d. Venue

10. Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as: a. curtilage. b. range. c. open field. d. house.

11. Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: a. surveillance equipment. b. enforcement weapons. c. enhancement devices. d. combat tactical.

12. When there is some meaningful interference with an individual’s possessory interest in that property, it is defined as a: a. seizure of property. b. seizure of persons. c. seizure. d. search. 13. In which of the following scenarios can the seizure of a person occur? a. When a police officer simply questions a person b. When a police officer is in pursuit of a person c. When he or she is arrested and taken to the police station for questioning d. All of the above

14. One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is: a. free to post bail. b. speak to an attorney. c. free to leave. d. none of the above.

15. In which case did the Supreme Court state that a seizure has occurred if the officer’s conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave? a. Terry v. Ohio b. Dunaway v. New York c. California v. Hodari D d. Brinegar v. United States

16. This term refers to more than bare suspicion; it exists when “the facts and circumstances within [the officers’] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.” a. Reasonable suspicion b. Justification c. Probable cause d. Administrative justification

17. Justification that falls below probable cause but above a hunch is referred to as: a. Reasonable suspicion. b. Probable cause. c. Justification. d. Administrative justification.

18. Which level of justification is required for stops and investigative detentions that fall short of arrests? a. Reasonable suspicion b. Probable cause c. Justification d. Administrative justification 19. Which standard is used to support certain regulatory and special needs searches? It was created by the Supreme Court and adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety. a. Reasonable suspicion b. Probable cause c. Justification d. Administrative justification

20. The warrant requirement interpretation prefers that a neutral magistrate come between the officer conducting the search and the citizen targeted by the search. a. True b. False

21. The Fourth Amendment is limited to conduct that is governmental in nature. Thus, when a private individual seizes evidence or otherwise conducts a search, the protections of the Fourth Amendment are not triggered. a. True b. False

22. An articulable fact is an event that is witnessed and can be explained, as opposed to a gut reaction or a mere hunch. a. True b. False

Chapter 4 23. Which of the following is NOT an essential component of an arrest or search warrant? a. It must be issued by a neutral and detached magistrate. b. Showing of probable cause is required. c. It must conform to the Fourth Amendment’s particularity requirement. d. All of the above are essential components of a warrant.

24. What must an officer show in order to obtain an arrest warrant? a. The person may have committed the crime in question. b. Evidence beyond a reasonable doubt. c. Probable cause. d. Preponderance of evidence.

25. Which of the following components of a search warrant are true? a. The officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity. b. The officer must show probable cause that the items to be seized are in the location to be searched. c. The location requirement only applies to a search warrant and not an arrest warrant. d. All of the above.

26. The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized is referred to as: a. precedent. b. particularity. c. affirmation. d. procedural. 27. If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under which doctrine? a. Silver platter b. Plain view c. Contingency d. Seized asset

28. The constitutionality of an arrest is critical in determining whether evidence seized in connection with the arrest is admissible in court. a. True b. False

29. The act of taking an individual into custody for the purpose of charging the person with a criminal offense is referred to as a(n): a. stop. b. arrest. c. search. d. seizure.

30. A(n) ______is a brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest. a. stop b. arrest c. search d. seizure

31. In which key case did the Supreme Court define the meaning of arrest as more than restricting a person’s movement? a. Davis v. Mississippi b. Florida v. Royer c. Henry v. United States d. Terry v. Ohio

32. Which of the following refers to force that is likely to cause death or serious bodily harm? a. Deadly force b. Tactical moves c. Strategic force d. Deliberate strike

33. The service of a search warrant should take place promptly after its issuance. a. True b. False

Chapter 5 34. The most basic requirement concerning searches incident to arrest—and one that is often overlooked—is that the arrest itself must be lawful. a. True b. False

35. Any arrest justifies a warrantless search incident to that arrest. a. True b. False

36. Chimel v. California found that the full search of the house was unreasonable, but a search of the arrestee was permitted “to remove any weapons that the [arrestee] might seek to use in order to resist arrest or effect his escape.” a. True b. False 37. The Supreme Court upheld that the seriousness of the crime does influence searches incident to arrest and found that a pat-down of the suspect’s outer clothing was not permissible following an arrest for driving with a revoked license. a. True b. False

38. Hot pursuit is always justified when the suspect may escape or inflict harm on police officers or others. a. True b. False

39. Because of the inherent mobility of vehicles, it is impractical to obtain warrants. a. True b. False

40. Because vehicles are typically operated in public spaces, the Court has held that people have more of an expectation of privacy a. True b. False

41. Automobile searches can lawfully occur without a warrant and without probable cause. a. True b. False

42. Planes are considered automobiles for Fourth Amendment warrantless search purposes. a. True b. False

43. The police no longer must have lawful access to an object in order to seize it under the plain view exception to the Fourth Amendment’s warrant requirement. a. True b. False

44. The four types of warrantless searches are (1) searches incident to an arrest, (2) searches conducted under exigent circumstances, (3) searches involving automobiles, and (4) searches based on the “plain view” doctrine. a. True b. False

45. A law enforcement officer must have reasonable suspicion in order to engage in a protective sweep. a. True b. False

46. When exigent circumstances are present, the police still need to abide by the Fourth Amendment’s warrant requirement. a. True b. False