C-05

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Anonymous
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219229
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C-05
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2013-05-12 12:42:42
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05
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Pat Morley
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  1. 1.     
    T or F  The U.S. Supreme Court requires that a person who has given
    police consent to search must be informed of the right to refuse or halt the
    search.
    False
  2. 2.             
    Evidence obtained via a warrantless
    search conducted by a private citizen is ______________.
    • a.             
    • Generally admissible if the search was
    • not initiated upon the request.
  3. The U.S. Supreme Court has ruled that brining
    the media along on arrest and search warrants executed on private property is
    ____________.
    • a.             
    • Unconstitutional
  4. 4.             
    The U.S. Supreme Court has ruled that a
    police checkpoint is not permitted by the U.S. Constitution if the primary
    purpose to the action is to ____________.
    b.             Intercept drug traffickers
  5. 5.             
    The police asked for and received
     a consent to search from Mr. Jones.  The police search discovered
    evidence now being introduced against Mr. Jones in a criminal case.  Mr.
    Jones has made a motion to suppress the incriminating evidence obtained by the
    search on 4th
    Amendment grounds.  The motion to suppress will normally be granted if
    _____________.
    • The totality of circumstances indicate the
    • consent was not given voluntarily
  6. T or F  According to the U.S. Supreme Court,
    if police have a legal justification to search a vehicle for drugs, that same
    authority permits the police to search a passenger’s purse that remains in the
    vehicle after the passenger exits the vehicle
    True
  7. 7.             
    According to the U.S. Supreme Court, an
    anonymous tip that provides the police a description of a subject reportedly
    carrying a concealed gun at a particular street intersection __________.
    • a.             
    • Provides a basis for further
    • investigation by the responding officer.
  8. 8.             
    T or F  For 4th
    Amendment purposes, there is no difference between an area deemed to be
    “curtilage” and an area deemed to be an “open field”.
    False
  9. 9.             
    The U.S. Supreme Court has ruled that
    vehicle inventory searches _____________.
    • a.             
    • Can be conducted in order to protect
    • against misconduct accusations.
  10. 10.           
    T or F  The U.S. Supreme Court has ruled that all police searches
    and seizures must be based on probable cause with a search warrant approved by
    a judge.
    False
  11. 11.           
    The U.S. Supreme Court has determined
    that a police officer seeking to identify drug couriers on a passenger bus by
    manipulating the luggage placed on the overhead rack ____________.
    • Needs the approval of the luggage owner
    • before manipulating the luggage.
  12. 12.           
    T or F  The U.S. Supreme Court has ruled that police can lawfully
    request school officials to search a particular student and his/her locker
    without a warrant for drugs and guns and report the results back to the police
    for appropriate criminal action.
    False
  13. 13.           
    In a Terry frisk, police can seize an
    item from the pocket of an individual when touch or feel gives the officer
    cause to think an item in the pocket is contraband or evidence.  The
    evidence seized is admissible only if ____________.
    The frisk follows a lawful Terry stop.
  14. 14.           
    The U.S. Supreme Court has ruled that
    ______________ do not enjoy the same 4th Amendment protections given an owner or renter of a residence
    even if the individual are present with the permission of the owner or renter.
    • a.             
    • Commercial visitors
  15. 15.           
    The current rule of the U.S. Supreme
    Court is that the 4th
    Amendment protects ____________.
    People
  16. 16.           
    T or F  The U.S. Supreme Court has ruled that unprovoked flight of
    an individual from a street corner that is located in a high crime
    automatically permits police to conduct a Terry stop and frisk of the
    individual’s associates who remain at the corner location.
    False
  17. 17.           
    The exception to the warrant
    requirement that permits police, when making an arrest inside a home, to
    conduct a quick and limited search within the premises without probable cause
    or suspicion is commonly referred to as_______________.
    b.             A protective sweep
  18. 18.           
    If police have probable cause to
    believe that a vehicle contains contraband or evidence of a crime, police
    ________________.
    a.     Can search without a warrant in only those places where the contraband or evidence might be located.
  19. 19.           
    T or F
     The key to determining what constitutes a reasonable expectation of
    privacy under the 4th
    Amendment is really a balancing test.  The test balances the expectations
    of society (the objective interest) against the expectations of the individual
    (subjective interest).
    True
  20. 20.           
    T or F  The U.S. Supreme Court has ruled that police can stop
    vehicles randomly (in what are commonly called “roving roadblocks”) without any
    suspicion of either a traffic violation or criminal activity.
    False
  21. 21.           
    The intentional and secret listening to
    or recording of an intercepted cell phone conversation between two potential
    criminal defendants by police utilizing a device is commonly referred to as
    _____________ and constitutes a search and seizure.
    a.             Wiretap
  22. 22.           
    The U.S. Supreme Court has addressed
    the use of a thermal imaging device by police to detect _________________ and
    has deemed such us requires a search warrant.
    • a.             
    • An illegal cultivation within a residence
  23. 23.           
    The U.S. Supreme Court has ruled that
    in reviewing whether an officer had reasonable suspicion to make a vehicle
    stop, the court should ______________.
    • a.             
    • Look at the totality of the circumstances
    • to determine if the officer had a particularized and objective basis for the
    • stop.
  24. 24.           
    The U.S. Supreme Court has ruled that
    the use of a drug detection dog to “walk around and sniff” luggage in a public
    place (like an airport) is ________________.
    Not a search for 4th Amendment purposes
  25. 25.           
    The U.S. Supreme Court ruling that
    permits police to order the driver of a vehicle to exit the vehicle
    ____________________.
    • a.             
    • Should be a safely and tactical option
    • that an officer should consider in a stop situation.
  26. 25.           
    T or F
     Police cannot search the residence of a probationer looking for evidence
    of new offenses without a warrant even if “a consent to search” is a condition
    of the probation because “probation searches” must be specifically related to
    “probationary purposes”, not current law enforcement investigations.
    False
  27. 27.           
    T or F  The U.S. Supreme Court has ruled that when the police
    discover a homicide scene in a private residence, the 4th Amendment warrant requirement is
    deemed waived for all purposes because it would be unreasonable to secure a
    warrant based on the serous nature of the crime.
    False
  28. 28.           
    T or F
     The U.S. Supreme Court has ruled that neither a plane nor a helicopter
    with police observes, which is operating in permitted air space, violates a
    reasonable expectation of privacy for the property owners growing pot in their
    back yards.
    True
  29. 29.           
    T or F
     In determining what police actions violate the 4th Amendment, the U.S. Supreme Court does
    not require the officer to always have been correct in his/her actions, but
    does demand that the officer to have been reasonable based on the facts and
    circumstances of the situation, guided by the then current law and court
    opinions.
    True
  30. 30.           
    T or F  All  Federal and state laws are consistent as they relate to
    police monitoring and recording a conversation between two parties, when only
    one of the parties to the conversation is aware of the police monitoring and
    recording.
    False
  31. 31.           
    In order to invoke the exclusionary
    rule to challenge the admissibility of evidence, a defendant must
    _____________.
    Have standing
  32. 32.           
    T or F  the US Supreme Court has held that a social or overnight
    guest in the home of a third party does not have constitutionally protected
    right to privacy under the 4th Amendment.
    False
  33. 33.           
    The constitutionality of a police
    search or seizure will be measure by the court looking at the following two
    factors:
    • a.             
    • The purpose was reasonable and execution
    • was reasonable
  34. 34.           
    The exclusionary rule is a court
    created rule to regulate conduct by _______________ to prevent 4th Amendment violations.
    Government Officials
  35. 35.           
    A pen register (also known as a D.N.R.)
    is an electronic monitoring device which is attached to a target’s phone line
    for the purpose of _______________________.
    • a.             
    • Recording telephone numbers dialed by the
    • target phone, date, and times
  36. 36.           
    T or F  The US Supreme Court has ruled that only the driver of a
    vehicle can be arrested if drugs and money are found in the vehicle when all
    the passengers deny ownership or involvement with drugs and money.
    False
  37. 37.           
    When conducting a raid on an apartment,
    the US Supreme Court has indicated that as a general rule, the renter must be
    given appropriate notice of the impending execution of the warrant.  The
    notice must be delivered ___________ before the actual entry to the premises.
    15-20 Seconds
  38. 38.           
    The US Supreme Court has ruled that
    checkpoints at US borders are permissible and the scope of any search of a
    vehicle conducted at a border location _____________________.
    • a.             
    • Is not regulated by probable cause or
    • reasonable suspicion requirements
  39. 39.           
    T or F
     The US Constitution and the various amendments provide citizens of a
    state minimal protection against government action, state constitutions and
    state courts can provide individual citizens greater protections.
    True
  40. 40.           
    The US Supreme Court has ruled that
    when police approach and arrest a motorist who has exited his vehicle prior to
    the police encounter, police ______________.
    • a.             
    • Can search the vehicle without a warrant

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