Question 1

Which of the following must happen before a judge will issue a warrant?

Accepted Answer

A)   A detective must present the entirety of their investigation to the judge.
B)   A prosecutor must petition the judge for a warrant.
C)   An officer must make a sworn affidavit that establishes probable cause.
D)   A district attorney must agree to argue a case in court. C

Question 2

A police officer is walking her beat when she hears a woman scream for help from inside a house. The officer would have the right to search the home without obtaining a warrant. Which of the following terms describes this situation?

Accepted Answer

A)   pressing matters
B)   exclusionary cases
C)   exigent circumstances
D)   imminent cause

Question 3

Who issues a search warrant?

Accepted Answer

A)   a neutral magistrate
B)   the police chief
C)   a judge familiar with the police officer
D)   the police detective

Question 4

An officer suspects that Mary is selling drugs out of her apartment. When the officer knocks on the door, Mary's roommate answers the door, and the officer requests permission to search the apartment. In which of the following circumstances would the search be considered a violation of Mary's Fourth Amendment right protecting against unreasonable searches and seizures?

Accepted Answer

A)   Mary's roommate gives consent, but Mary immediately comes to the door and refuses permission. The officer searches the house anyway.
B)   Mary's roommate tells the officer that Mary is at work, and refuses permission for the officer to search. Because Mary isn't present, the officer searches the apartment anyway.
C)   Mary's roommate tells the officer that Mary is at her parents' house, and gives him permission to search the apartment.
D)   Mary's roommate tells the officer that it is ok to search the apartment, and although Mary does not want the officer to search, she does not protest because she is afraid she will look guilty.

Question 5

Describe the "knock and announce" rule and how it applies to the police.

Accepted Answer

The "knock and announce" rule is a legal...

Question 6

In Arizona v. Gant (2009) , the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

Accepted Answer

A)   may search the vehicle without a warrant
B)   may not search the vehicle without a warrant unless a drug-sniffing dog indicates there is contraband present
C)   may not search the vehicle without a warrant unless the arrestee had access to the vehicle at the time of the search
D)   may search the vehicle without a warrant unless the suspect invokes their right to counsel

Question 7

The accused has a right to an attorney in each of the following scenarios EXCEPT ______.

Accepted Answer

A)   at a police lineup after the accused has been arrested
B)   at all face-to-face confrontations after being arrested
C)   when the police are using a technique of photo-lineup by showing a witness individual photos or a group of photos
D)   before being formally charged

Question 8

Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

Accepted Answer

A) True 
 B)False

Question 9

What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

Accepted Answer

A)   six-pack
B)   10-pack
C)   slideshow
D)   suspect photo identification

Question 10

Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

Accepted Answer

The Fourth Amendment protects citizens against the overzealous actions of the police by prohibiting unreasonable searches and seizures. This means that law enforcement officers must have a warrant based on probable cause in order to search a person's property or make an arrest. The warrant must be specific in describing the place to be searched and the items to be seized. Additionally, the amendment also requires that any warrant be supported by an oath or affirmation, and must be issued by a neutral and detached magistrate.

Furthermore, the Fourth Amendment also protects citizens by requiring that any evidence obtained through an illegal search or seizure be excluded from use in a criminal trial. This serves as a deterrent to police misconduct and helps ensure that citizens' rights are upheld.

Overall, the Fourth Amendment serves as a crucial safeguard against the overreach of police power and helps to maintain the privacy and security of citizens.

Question 11

What is an exception to the Miranda requirement?

Accepted Answer

A)   a routine traffic stop
B)   a custodial interrogation of a DUI suspect
C)   an interrogation following arrest for a state crime
D)   an interrogation regarding a misdemeanor

Question 12

What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969) ?

Accepted Answer

A)   Warrantless searches incident to a lawful arrest are not permissible under any circumstances.
B)   The search must be confined to the area within the suspect's immediate control or from an area where the suspect might procure a weapon.
C)   Warrantless searches incident to arrest are permissible when exigent circumstances exist.
D)   The search must be narrowed only to checking for weapons or other items that may pose a risk to officer safety.

Question 13

Which U.S. Supreme Court case guarantees the right to counsel for all indigent persons charged with felonies?

Accepted Answer

A)   Argersinger v. Hamlin (1973) 
B)   Escobedo v. Illinois (1964) 
C)   Gideon v. Wainwright (1963) 
D)   Powell v. Alabama (1932)

Question 14

A police officer cannot add to the probable cause used to make the arrest after making the arrest.

Accepted Answer

A) True 
 B)False  True

Question 15

Probable cause is based on what the officer knew at what point in time?

Accepted Answer

Probable cause is based on the informati...

Question 16

In Mapp v. Ohio (1961), the U.S. Supreme Court first coined the term exclusionary rule.

Accepted Answer

A) True 
 B)False

Question 17

What was the critical finding in Weeks v. United States (1914) ?

Accepted Answer

A)   It established the use of the exclusionary rule in federal cases.
B)   It extended provisions of the exclusionary rule to the states.
C)   It established what constituted an "impartial magistrate" for issuing warrants.
D)   It clarified the definition of probable cause.

Question 18

What does it mean when an officer swears in an affidavit?

Accepted Answer

A)   that he or she is the victim of a crime
B)   that he or she avows knowledge a particular person committed a crime
C)   that the officer used profane language in an official court document
D)   that the officer pledges to carry out his or her duties in a lawful manner

Question 19

Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

Accepted Answer

A)   Police officer training causes them to be too suspicious.
B)   Police officers are expected to be untrustworthy.
C)   Magistrates are more knowledgeable about warrants.
D)   The oversight of a neutral magistrate is aspect of balance of power.

Question 20

The right to an attorney is guaranteed by which amendment?

Accepted Answer

A)   Fifth Amendment
B)   Sixth Amendment
C)   Fourth Amendment
D)   Seventh Amendment

Exam 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure

Which of the following must happen before a judge will issue a warrant?

Correct Answer
verified
C

A police officer is walking her beat when she hears a woman scream for help from inside a house. The officer would have the right to search the home without obtaining a warrant. Which of the following terms describes this situation?

Correct Answer
verified

Who issues a search warrant?

Correct Answer
verified

Correct Answer
verified

Describe the "knock and announce" rule and how it applies to the police.

Correct Answer
Answered by ExamLex AI
The "knock and announce" rule is a legal...
View Answer

In Arizona v. Gant (2009) , the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

Correct Answer
verified

The accused has a right to an attorney in each of the following scenarios EXCEPT ______.

Correct Answer
verified

Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

Correct Answer
verified

What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

Correct Answer
verified

Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

What is an exception to the Miranda requirement?

Correct Answer
verified

What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969) ?

Correct Answer
verified

Which U.S. Supreme Court case guarantees the right to counsel for all indigent persons charged with felonies?

Correct Answer
verified

A police officer cannot add to the probable cause used to make the arrest after making the arrest.

Correct Answer
verified
True

Probable cause is based on what the officer knew at what point in time?

Correct Answer
Answered by ExamLex AI
Probable cause is based on the informati...
View Answer

In Mapp v. Ohio (1961), the U.S. Supreme Court first coined the term exclusionary rule.

Correct Answer
verified

What was the critical finding in Weeks v. United States (1914) ?

Correct Answer
verified

What does it mean when an officer swears in an affidavit?

Correct Answer
verified

Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

Correct Answer
verified

The right to an attorney is guaranteed by which amendment?

Correct Answer
verified

Exam 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure

Which of the following must happen before a judge will issue a warrant?

Correct AnswerverifiedC

A police officer is walking her beat when she hears a woman scream for help from inside a house. The officer would have the right to search the home without obtaining a warrant. Which of the following terms describes this situation?

Correct AnswerverifiedShow Answer

Who issues a search warrant?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Describe the "knock and announce" rule and how it applies to the police.

Correct AnswerAnswered by ExamLex AIThe "knock and announce" rule is a legal...View AnswerShow Answer

In Arizona v. Gant (2009) , the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

Correct AnswerverifiedShow Answer

The accused has a right to an attorney in each of the following scenarios EXCEPT ______.

Correct AnswerverifiedShow Answer

Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

Correct AnswerverifiedShow Answer

What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

Correct AnswerverifiedShow Answer

Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

What is an exception to the Miranda requirement?

Correct AnswerverifiedShow Answer

What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969) ?

Correct AnswerverifiedShow Answer

Which U.S. Supreme Court case guarantees the right to counsel for all indigent persons charged with felonies?

Correct AnswerverifiedShow Answer

A police officer cannot add to the probable cause used to make the arrest after making the arrest.

Correct AnswerverifiedTrue

Probable cause is based on what the officer knew at what point in time?

Correct AnswerAnswered by ExamLex AIProbable cause is based on the informati...View AnswerShow Answer

In Mapp v. Ohio (1961), the U.S. Supreme Court first coined the term exclusionary rule.

Correct AnswerverifiedShow Answer

What was the critical finding in Weeks v. United States (1914) ?

Correct AnswerverifiedShow Answer

What does it mean when an officer swears in an affidavit?

Correct AnswerverifiedShow Answer

Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

Correct AnswerverifiedShow Answer

The right to an attorney is guaranteed by which amendment?

Correct AnswerverifiedShow Answer

Correct Answer
verified
C

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The "knock and announce" rule is a legal...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
True

Correct Answer
Answered by ExamLex AI
Probable cause is based on the informati...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified