True/False
Indicate whether the
statement is true or false.
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1.
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The Fourth Amendment governs arrests.
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2.
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An arrest must be supported by probable
cause.
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3.
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In some states, a citizen has the power to detain a
person who has committed a crime.
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4.
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A police officer must physically touch a person
before he or she is considered under arrest.
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5.
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A person is under arrest when he or she believes
that an arrest has occurred.
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6.
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The degree of proof needed for probable cause is
the same as required to prove a person guilty of the crime.
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7.
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Probable cause is required when an officer briefly
detains a person.
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8.
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In some situations, a police officer is authorized
to actually pat down the outer clothing of an individual he has briefly detained.
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9.
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There is a preference at law for a warrant over
warrantless arrests and seizures.
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10.
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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.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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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 |
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12.
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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 |
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13.
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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 |
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14.
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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 |
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15.
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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 |
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16.
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Carl is stopped at the U.S. border between Mexico
and the United States. Border Patrol officers become suspicious about his contradictory answers about
where he was in Mexico. They ask for consent to search and Carl refuses. The officers inform him that
they have a drug-sniffing dog on hand, who can sniff out illegal narcotics. They again ask for
consent and Carl again refuses. They bring in the dog who immediately scratches at Carl’s spare
tire. This is how the dog indicates the presence of illegal narcotics. They open the tire and find a
kilo of cocaine. Is this a valid search?
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
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17.
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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 |
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18.
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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 |
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19.
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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 |
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20.
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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 |
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