Multiple Choice Questions (Enter your answers on the enclosed answer sheet)Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.Total Incorporation
Selective Incorporation
Total Incorporation Plus
Case-by-Case Incorporation
Which incorporation perspective has arguably won out over the others?Total Incorporation
Selective Incorporation
Total Incorporation Plus
Case-by-Case Incorporation
A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:Res Gestae.
Scire Feci.
Stare Decisis.
Suo Motu.
When a decision does not apply to the current facts, a court will , saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.distinguish the case
use case precedent
judge decision
enact case law
The theory world and real world can differ for which of the following reasons?The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.
The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies.
What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system.
All of the above.
The primary purpose of criminal procedure is to maintain the proper balance between:controlling crime and due process.
dictatorship and democracy.
servitude and equality.
protection and procedure.
Which of the following is NOT one of the concepts underlying the due process perspective?The criminal process looks, or should look, something like an obstacle course.
Quantity is better than quality.
Formality is preferred over informality.
A great deal of faith is put in the courts.
Which of the following is NOT a characteristic of the crime control perspective?Assembly-line justice
Quantity over quality
Insistence on informality
Faith in the courts
Legal guilt is determined by whether a person is guilty according to the:police
judge
law
jury
Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?Independent source exception
Purged taint exception
Inevitable exception
Questionable procedure exception
Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?Independent source exception
Purged taint exception
Inevitable exception
Questionable procedure exception
Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway?Independent source exception
Purged taint exception
Inevitable exception
Questionable procedure exception
At the federal level, the most common statute for holding police officers criminally liable is:18 U.S.C. Section 242.
18 U.S.C. Section 1983.
18 U.S.C. Section 1982.
18 U.S.C. Section 243.
To be held liable under Section 242, a law enforcement officer must:negate a persons rights without forethought.
unintentionally deny an individual his or her rights.
act with specific intent to deprive a person of important constitutional (or other federal) rights.
inadvertently impose restrictions on a persons constitutional rights.
In order for criminal liability to be imposed under Section 242, a(n) right must be clearly established.constitutional
inalienable
legal
ethical
42 U.S.C Section 1983 is used for:criminal liability.
civil liability.
misdemeanor charges.
none of the above.
A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force, is referred to as:public duty defense.
immunity defense.
injunctive relief defense.
exception defense.
Police officers act under color of law when they:fail to file official documents.
wear plain clothes during off-duty hours.
identify themselves as officers.
settle a personal vendetta.
Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a persons:reasonable expectation of privacy.
subjective thoughts of privacy.
objective determination of behavior.
knowing exposure.
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.unwillingly
involuntarily
easily
voluntarily
In which case did the Supreme Court find that respondents could have no reasonable expectation of privacy for abandoned property?California v. Greenwood
United States v. On Lee
Hoffa v. United States
Katz v. United States
According to the Supreme Court, which of the following is the area to which extends the intimate activity associated with the sanctity of a mans home and the privacies of life?Open field
Curtilage
Physical presence
Venue
Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as:curtilage.
range.
open field.
house.
Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of:surveillance equipment.
enforcement weapons.
enhancement devices.
combat tactical.
When there is some meaningful interference with an individuals possessory interest in that property, it is defined as a:seizure of property.
seizure of persons.
seizure.
search.Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
Why focus attention on the constitutionality of arrests?The constitutionality of an arrest is critical in determining whether evidence seized in connection with the arrest is admissible in court.
An innocent person may sue an officer or department if unlawfully detained.
There is no recourse of an unlawful arrest.
None of the above
The act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as a(n):stop.
arrest.
search.
seizure.
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; it is the detention of a person by a law enforcement officer for the purpose of investigation.stop
arrest
search
seizure
In which key case did the Supreme Court define the meaning of arrest as more than restricting a persons movement?Davis v. Mississippi
Florida v. Royer
Henry v. United States
Terry v. Ohio
In which case did the Supreme Court rule that stationhouse detentions require probable cause?Carroll v. United States
Michigan v. Summers
Florida v. Royer,
Davis v. Mississippi
In determining if an arrest has occurred, the courts will weigh:the duration of a stop.
the degree of the intrusion.
officers intentions.
all of the above.
Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of:crucial exceptions.
exception clauses.
exclusionary rules.
exigent circumstances.
Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?Hot pursuit
Likelihood of escape or danger to others absent of hot pursuit
Evanescent evidence
Inconvenient to obtain a warrant
Evanescent evidence refers to evidence that is likely to:be hidden.
spoil.
disappear.
be transferred to another location.
A warrantless search for evanescent evidence is permissible when:there is probable cause to believe that evidence will be destroyed, lost, or devalued.
the procedures employed are reasonable.
the exigency was not police-created.
All of the above
The Supreme Court first permitted warrantless hot pursuit searches in:Chimel v. California.
Sibron v. New York.
Warden v. Hayden.
Welsh v. Wisconsin.
In which landmark case did the Supreme Court carve out the automobile exception to the Fourth Amendments warrant requirement?Carroll v. United States
Cardwell v. Lewis
California v. Carney
Thoraton v. United States
Which of the following are considered restrictions on frisks?Frisks are to be nothing more than pat-downs of outer clothing.
Frisks must be motivated by a desire to preserve officer safety.
For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband.
All of the above
Which case found that officers can demand identification in certain situations?Hiibel v. Sixth Judicial District Court of Nevada
Chicago v. Morales
Kolender v. Lawson
Papachristou v. City of Jacksonville
In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with articulable and reasonable suspicion?Terry v. Ohio
Pennsylvania v. Mimms
Delaware v. Prouse
Maryland v. Buie
The decision in Pennsylvania v. Mimms:allows officers to frisk suspects outer clothing.
authorize the police to stop suspicious-looking individuals based on less than reasonable suspicion.
allows an officer to demand identification from citizens.
authorizes a police officer to order a driver out of a car.
In which case did the Supreme Court hold that police officers, with reasonable suspicion, can order drivers out of their cars?Terry v. Ohio
Pennsylvania v. Mimms
Delaware v. Prouse
Maryland v. Buie
Stops and frisks are considered which type of acts?Necessary
Advisory
Separate
Independent
Person inventories are sometimes called:armspan searches.
custodial inventories.
arrest inventories.
search incident to arrest.
In which case did the Supreme Court sanction fire inspections?Camara v. Municipal Court
Michigan v. Tyler
United States v. Ramsey
Carroll v. United States
The Supreme Court has authorized warrantless inspections of:firearms dealerships.
vehicle junkyards.
closely regulated businesses.
all of the above.
In which case did the Supreme Court sanction sobriety checkpoints?Carroll v. United States
Michigan Dept. of State Police v. Sitz
Delaware v. Prouse
United States v. Villamonte-Marquez
Which of the following is an unconstitutional checkpoint?Border checkpoint
Sobriety checkpoint
License and safety checkpoint
Suspicionless checkpoints for detecting illegal drugs
In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional?Carroll v. United States
Michigan Dept. of State Police v. Sitz
Delaware v. Prouse
City of Indianapolis v. Edmond
A claim of racial profiling can be raised pursuant to:the Fourth Amendment.
the Fifth Amendment.
Title VI of the Civil Rights Act of 1964.
42 U.S.C. Section 242.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
In which case did the Supreme Court hold that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant?Massiah v. United States
Rochin v. California
Miranda v. Arizona
Kirby v. Illinois
Besides interrogation, which of the following is/are central element(s) of the Miranda approach to confessions and interrogations?Custody
General questioning
Formal criminal proceedings
All of the above
Custody is defined by the Supreme Court as happening when:A person has been taken into custody.
A person has been formally arrested.
A person has been deprived of his freedom of action in any significant way.
All of the above
Which of the following can be considered interrogation for Miranda purposes?Formal questioning.
Functional equivalent of questioning.
Asking a question that is reasonably likely to elicit an incriminating response.
All of the above
Which of the following is NOT an essential element of the Miranda warnings?You have the right to remain silent.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
You have the right to stop answering questions at any time.
What is the appropriate level of proof for showing a valid Miranda waiver?Proof beyond a reasonable doubt
Probable cause
Preponderance of evidence
Clear and convincing evidence
When identification procedures violate constitutional provisions, the results from such procedures cannot be considered:reliable.
accurate.
admissible in a criminal trial.
All of the above
Which of the following helps ensure a reliable lineup?At least five people appear in the lineup.
All persons in the lineup have the same physical characteristics.
The suspect should be permitted to choose his or her place in line.
All of the above
A photographic array consisting of one picture may be sanctioned if:the witness had ample time to view the suspect.
the witness paid special attention to the suspect.
the witnesss description is accurate.
All of the above
What do show-ups consist of?The suspect and an eyewitness
At least five people
The suspect and the suspects attorney
At least three people