Question 1 As a general rule, the Fourth Amendment requires

Question 1 As a general rule, the Fourth Amendment requires.
Question 1 As a general rule, the Fourth Amendment requires police to obtain __________ before conducting a search or seizure. Select one:a. a warrant b. permission of the property owner c. clear and convincing evidence of guilt d. an indictment Question 2 Which of the following often qualifies as a permissible warrantless search? Select one:a. a search of an automobile based on probable cause b. All of these c. a pat-down search of a person based on reasonable suspicion d. a search of a suspect s person incident to a lawful arrest Question 3Which one of the following statements is incorrect?Select one:a. Police who seek to conduct a warrantless search must first advise a person that he or she has the right to refuse to consent to such a search. b. Courts often excuse compliance with the knock and announce requirement when to require strict adherence would endanger the lives of the officers or provide an occasion for occupants to dispose of evidence. c. The U.S. Supreme Court has ruled that the Fourth Amendment does not restrict searches and seizures conducted by United States agents of a nonresident s property located in a foreign country. d. Constitutional protections against unreasonable searches and seizures are not violated by police who make warrantless entries and searches when the police have a reasonable basis to believe that an occupant within a house is in immediate need of aid. Question 4Whenevaluating applications for search warrants based on tips fromconfidential or anonymous informants, magistrates must consider the__________.Select one:a. suspect s arrest record b. totality of circumstances c. informant s arrest record d. seriousness of the crime being investigated Question 5The Federal Rules of Criminal Procedure require that a search warrant must be executed within _______ days after it is issued.Select one:a. fifty b. ten c. one hundred d. thirty Question 6Whichof the following doctrines would permit a police officer to seizecontraband discovered on the floor of an apartment during a validemergency search?Select one:a. good faith b. reasonable expectation of privacy c. plain view d. curtilage Question 7In conducting a warrantless search incident to a lawful arrest, policemay search the person being arrested and the area ____________. Select one:a. within that person s immediate control b. within that person s normal sphere of activity c. None of these d. under person s ownership Question 8 Routine searches of persons and automobiles crossing ___________ are not prohibited by the Fourth Amendment. Select one:a. state lines b. the borders of the United States c. county lines d. city boundaries Question 9 The U.S. Supreme Court has recognized a limited ________ exception to the Fourth Amendment exclusionary rule. Select one:a. probable cause b. good-faith c. national security d. reasonable suspicion Question 10To invoke the Fourth Amendment exclusionary rule, a person must have _________.Select one:a. not been in possession of contraband or evidence of crime when searched b. standing c. no prior criminal convictions d. U.S. citizenshipQuestion 11TitleIII of the Omnibus Crime Control and Safe Streets Act of 1968 limits________ without a court order unless one party to the conversationconsentsSelect one:a. interception of electronic communications b. aerial photography c. entrapment d. the use of force by police Question 12A ___________ is a device that allows the police to learn every number dialed from a specifically targeted telephoneSelect one:a. pen register b. spike mike c. random enumerator d. digital display pager Question 13In________________ (1914), the U.S. Supreme Court first held thatevidence obtained through an unlawful search and seizure could not beused to convict a person of a federal crime.Select one:a. Wolf v. United States b. United States v. Leon c. Mapp v. United States d. Weeks v. United States Question 14The______________ doctrine holds that evidence derived from other evidencethat is obtained through an illegal search or seizure is itselfinadmissibleSelect one:a. fruit of the poisonous tree b. suspension of disbelief c. independent source d. inevitable discovery Question 15The______________ is justified by the need to deter police misconduct, butit exacts a high price to society in that the criminal is to go freebecause the constable has blundered. Select one:a. the police deception rule b. right to counsel c. prohibition against double jeopardy d. exclusionary rule Question 16Which one of the following statements is incorrect?Select one:a. The USA PATRIOT Act permits federal magistrate judges in any district in which terrorism-related activities may have occurred to issue search warrants for searches within or outside the district. b. By far the most significant English case in the area of search and seizure prior to the American Revolution was Entick v. Carrington (1775). c. Federal law permits courts to issue wiretap orders for indefinite periods of time. d. Courts have generally disapproved of blanket policies that allow strip searches of all persons who have been arrested, particularly where traffic violators are concerned. Question 17Ina famous debate in 1761, James Otis called the ____________ the worstinstrument of arbitrary power, the most destructive of English libertyand the fundamental principles of law, that ever was found in an Englishlaw book. Select one:a. Stamp Act b. Writs of Assistance c. exclusionary rule d. Star Chamber Question 18TheFourth Amendment protects a person s rights against the police, butgenerally does not apply to searches and seizures conducted by_____________.Select one:a. private citizens b. private employers c. any of these d. private security personnel Question 19Which one of the following statements concerning automobile inventory searches is incorrect?Select one:a. Ifa routine inventory search yields evidence of crime, it may be seizedand admitted into evidence without violating the Fourth Amendment. b. When investigating crime, police may conduct an inventory search of any vehicle parked in a public parking space that has been legally ticketed for overtime parking. c. When conducted according to standard police procedures, an inventory search of an automobile legally impounded by the police is generally regarded as an administrative search not subject to ordinary Fourth Amendment requirements d. Inventory searches are justified by the need to protect a vehicle owner s property while the vehicle is in police custody, as well as the need to protect the police against false claims of stolen property. Question 20Thegood-faith exception to the Fourth Amendment exclusionary rulerecognized in United States v. Leon (1984) does not apply to cases where___________________________________.Select one:a. The magistrate was misled by an affidavit that the affiant knew was false or would have known was false except for reckless disregard for the truth. b. The warrant is so facially deficient that the executing officer cannot reasonably presume its validity. c. The affidavit is utterly lacking in indicia of probable cause d. Any of the aboveQuestion 21To conduct a stop-and-frisk, police must have _______ that criminal activity is afootSelect one:a. probable cause b. clear and convincing evidence c. reasonable suspicion Question 22The purpose of a frisk is to allow police to make a limited pat-down search for _________.Select one:a. none of the above b. contraband c. weapons d. identification papers Question 23 To make an arrest, police must always have ________________.Select one:a. reasonable suspicion b. probable cause c. probable cause d. an arrest warrant Question 24 An arrest by a private individual is termed a _____________.Select one:a. citizen s arrest b. bystander s discretion c. substitute judgment d. common-law arrest Question 25InMiranda v. Arizona (1966), the Supreme Court held that police mustadvise suspects of their right to _________ before subjecting them tocustodial interrogation.Select one:a. have counsel present during questioning b. remain silent during questioning c. obtain witnesses in their defense d. Both a and c are correct Question 26In developing drug courier profiles, police have included ____________ as being typical of drug smugglers. Select one:a. paying cash for tickets b. All of these c. appearing nervous d. not checking luggage Question 27To establish probable cause to make an arrest, a police officer can consider _____________. Select one:a. official reports b. all of these c. tips from confidential informants d. statements by witnesses to a crime Question 28The Supreme Court has held that a suspect has a right to counsel at a lineup conducted Select one:a. after arrest but before indictment b. after formal charges have been made against a defendant c. in none of the instances in a b, and c d. before arrest Question 29For a police officer to make an arrest he or she must have ___________.Select one:a. probable cause to believe an individual has committed an offense b. a hunch that an individual may have committed an offense c. a suspicion that an individual may have violated the law d. For a police officer to make an arrest he or she must have ___________. Question 30As the1995 O. J. Simpson murder trial demonstrates, defense lawyers canattack the methodology of ______________ as well as the qualificationsof those administering themSelect one:a. lie detector tests b. lineups c. DNA tests d. field sobriety testsQUEStion 31Undera ___________ strategy of conducting interrogations, one police officeris harsh, rude, and aggressive, while another police officer appearsfriendly and sympathetic to the suspect.Select one:a. Mutt and Jeff b. passive aggressive c. block and tackle d. no more Mr. Nice Guy Question 32An indictment is a formal criminal charge handed down by a ________________.Select one:a. trial judge b. prosecutor c. magistrate d. grand jury Question 33An indictment is also known as a(n) ________________.Select one:a. summons b. subpoena c. information d. true bill Question 34 The surrender of a person accused of a crime by one state to another is known as _________. Select one:a. asylum b. asportation c. compulsory process d. extradition Question 35The prosecution may be required to disclose the identity of___________ if that person was an active participant in the offense forwhich the defendant is being prosecuted. Select one:a. a confidential informant b. none of these c. the victim d. a witness Question 36 TheFourth Amendment to the U.S. Constitution has been extended to searchesand seizures conducted by state and local law enforcement officers. Select one:True False Question 37 Police must have probable cause before subjecting a suspicious person to a stop- and-frisk. Select one:True False Question 38TheFourth Amendment contains a provision expressly prohibiting the use ofevidence obtained through an unreasonable search and seizure.Select one:True False Question 39For a search to be valid under the Fourth Amendment, police officersmust have probable cause, or in certain instances reasonablesuspicion to believe that a particular search will produce evidence ofcrime. Select one:True False Question 40The Fourth Amendment applies to all premises and property, even premises and property that have been abandoned.Select one:True FalseQuestion 41 Although the Fourth Amendment refers to houses, its protections are extended to stores, offices and places of business. Select one:True False Question 42A search within the meaning of the Fourth Amendment refers only to a physical penetration of someone s person or property.Select one:True False Question 43Anymeans of invading a person s reasonable expectation of privacy isconsidered a search within the meaning of the Fourth Amendment.Select one:True False Question 44Policemust first obtain a warrant before conducting a search of a person shome, even if the homeowner consents to a warrantless searchSelect one:True False Question 45A tip from a confidential informant can give rise to probable cause to obtain a search warrant.Select one:True False
Question 1 As a general rule, the Fourth Amendment requires