Chapter 2:
Section 1:
Please indicate which answers below are true and
which are false.
1.
The Fourth
Amendment governs arrests.
2.
An arrest must
be supported by probable cause.
3.
In some
states, a citizen has the power to detain a person who has committed a crime.
4.
A police
officer must physically touch a person before he or she is considered under
arrest.
5.
A person is
under arrest when he or she believes that an arrest has occurred.
6.
The degree of
proof needed for probable cause is the same as required to prove a person
guilty of the crime.
7.
Probable cause
is required when an officer briefly detains a person.
8.
In some
situations, a police officer is authorized to actually pat down the outer
clothing of an individual he has briefly detained.
9.
There is a preference
at law for a warrant over warrantless arrests and seizures
10.
An officer has
a search warrant authorizing seizure of narcotics, but during the search he
finds evidence of another crime. He is permitted to seize it, even though it is
not mentioned in the search warrant.
Please
indicate the correct answer for the following questions:
1.
The standard
that law enforcement must show to justify an arrest:
a. reasonable suspicion
b. reasonable grounds
c. probable cause
d. proof beyond a reasonable doubt
2.
In which of
the following scenarios is probable cause not required?
a. the arrest of a suspected drug dealer
b. the search of a suspected murderer’s home
c. when consent is given
d. when the suspect is clearly evasive
3.
All of the
following are considered to be specific acts that can give rise to probable
cause, except:
a. police description over the radio
b. prior run-ins with the suspect
c. suspicious or unusual behavior
d. information provided by a citizen
4.
Danny is an
off-duty police officer who sees a man parked outside a closed jewelry store.
He has a strong gut feeling that the man is up to something, so he asks the man
to step out of his car and cuffs him. Which of the following is true about this
scenario?
a. It is a valid arrest
b. It is an improper arrest because Danny was off-duty
c. It is an improper arrest because Danny cannot arrest based on a ‘hunch’
d. It is an improper arrest because Danny shouldn’t have been near the jewelry
store
5.
All of the
following are exceptions to the search warrant requirement, except:
a. administrative searches
b. evidence found in trash
c. evidence dropped by a fleeing suspect
d. evidence discovered after a valid consent
6.
Carl is
stopped at the
a. No, because there was no legal basis for the use of the dog.
b. No, because the search was carried out over Carl’s objection.
c. Yes, because there was a valid consent
d. Yes, because there was sufficient probable cause after the dog scratched at
the tire
7.
Police stake
out Carl’s house because they suspect that he is growing marijuana under
special lights in his basement. They have a special camera that allows them to
read the heat signature of these special lights. Carl’s basement shows that
such lights are being used. Do they have sufficient probable cause for a
search?
a. Yes, because Carl’s use of the lights
b. No, because the use of the camera violated Carl’s right to privacy
c. Yes, because Carl is a known drug dealer
d. No, because Carl’s house is located on a private street
8.
A search
warrant can become ‘stale’ and no longer legally effective when:
a. too much time has elapsed since it was issued
b. the warrant refers to items that are not yet in the jurisdiction
c. the judge refuses to issue the warrant
d. all of the above
9.
Danny obtains
a warrant to search a local warehouse for ‘any evidence of illegal activity.’
He discovers some marijuana in an employee’s locker. At trial, the employee
challenges the seizure on the grounds that it was unconstitutional. Is it?
a. No, because Danny had a valid warrant, signed by the judge
b. No, because the warrant stated that Danny could search for evidence of
illegal activity
c. Yes, because the warrant was too vague
d. Yes, because there was no proof that Danny knew the identity of the employee
10.
Danny stops
Carl on the street and asks Carl some questions. Danny doesn’t like Carl’s
answers and tells him so. Carl wants to walk away. Can he?
a. No, because he is under arrest
b. Yes, because Danny had no right to ask him questions in the first place
c. No, because a reasonable person who believe that he was under arrest
d. Yes, because he is not under arrest and Danny has no probable cause to
detain him further