4. Arrest Search and Seizure (50Q) Flashcards
Question 1 of 50 - BPOC 10 Arrest, Search & Seizure
_______________ refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains them.
In custody
Confined
Imprisoned
All listed
All listed
Review: CCP (11.21) CONSTRUCTIVE CUSTODY. The words “confined”, “imprisoned”, “in custody”, “confinement”, “imprisonment”, refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.
Question 2 of 50 - BPOC 10 Arrest, Search & Seizure
In most cases automobile searches are an exception to the rule requiring a search warrant. In this case, the U.S. Supreme Court allowed searches of vehicles without a warrant provided the police had “probable cause”.
Terry v. Ohio
Scott v. White
Mapp v. Ohio.
Carroll v. U.S.
Review: Carroll v. U.S., 267 U.S. 132 (1925)
Prohibition case
Carroll doctrine: a vehicle could be searched without a search warrant if there was probable cause to believe that evidence is present in the vehicle, coupled with exigent circumstances to believe that the vehicle could be removed from the area before a warrant could be obtained.[6]
Question 3 of 50 - BPOC 10 Arrest, Search & Seizure
A limitation on the warrantless entry onto property is the “______________”, or that portion of property immediately surrounding a residence and its attached buildings. This is legally considered a private zone,- like the home itself
open-fields
curtilage area
residential area
Open area
curtilage area
Question 4 of 50 - BPOC 10 Arrest, Search & Seizure
_________________ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination of the incident.
Any person
Only a magistrate
Only a private citizen
Only a peace officer
Any person
Review: CCP (18.16) PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
Question 5 of 50 - BPOC 10 Arrest, Search & Seizure
Under which of the following situations is an officer not permitted to arrest without a warrant?
Any offense is committed within the officer’s view or in his or her presence.
A red-light violation is committed in view of a credible citizen, but not in view of the officer.
Persons are found in suspicious places and under circumstances that reasonably show that such persons have been guilty of some felony or breach of the peace.
A credible person alerts a peace officer that a felony has been committed and that the offender is about to escape.
A red-light violation is committed in view of a credible citizen, but not in view of the officer.
A person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant.
detained
officially detained
temporarily detained
arrested
arrested
Review: CCP (15.22) WHEN A PERSON IS ARRESTED. A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
Question 7 of 50 - BPOC 10 Arrest, Search & Seizure
The _____________________ is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the Exclusionary Rule, but also intangibles such
Plain View
Abandon Property
Poisonous Tree Doctrine
Peace Treaty
Poisonous Tree Doctrine
Question 8 of 50 - BPOC 10 Arrest, Search & Seizure
Under the Fourth Amendment, probable cause – which amounts to more that a mere suspicion but less than evidence that would justify a conviction – must be shown before an arrest warrant or search warrant may be issued.
True
False
True
Question 9 of 50 - BPOC 10 Arrest, Search & Seizure
An officer has a search warrant to look for a stolen 24-inch, RCA color television set. During the search of the residence, the officer opens a small dresser drawer in the bedroom and locates a white powder substance that field tests positively for cocaine.
Not admissible as evidence because it was seized unlawfully.
Admissible as long as the television set is subsequently found.
Admissible as long as the television set has not yet been located.
Admissible under the “good faith” exception to the exclusionary rule.
admissible as evidence in the trial for unlawful possession of a controlled substance.
Not admissible as evidence because it was seized unlawfully.
Question 10 of 50 - BPOC 10 Arrest, Search & Seizure
An Officer’s own knowledge of facts and circumstances should enhance the facts surrounding establishing probable cause.
True
False
True
Question 11 of 50 - BPOC 10 Arrest, Search & Seizure
Black’s Law Dictionary (7th. Ed.) defines __________________ as “a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.”
Beyond a reasonable doubt
Reasonable belief
Probable cause
Reasonable suspicion
Probable cause
Question 12 of 50 - BPOC 10 Arrest, Search & Seizure
(Texas Peace Officer, Arrest, Search and Seizure) The “corpus delicti rule” states that a confession
is evidence beyond a reasonable doubt in court.
is valid without corroborated evidence.
must be corroborated with independent evidence.
is suppressed from a jury but not from magistrates.
must be corroborated with independent evidence.
Question 13 of 50 - BPOC 10 Arrest, Search & Seizure
Which circumstances justify a lawful search?
Arrest must be lawful
Search incident to arrest
Probable cause
Search Warrant
All listed
All listed
Question 14 of 50 - BPOC 10 Arrest, Search & Seizure
In ____________ v. ______________ the U.S. Supreme Court determined that the detention was a seizure tantamount to an arrest, and since the officers did not have probable cause to arrest, it was an illegal seizure.
U.S. v. Mendenhall
Miranda v. Arizona
Terry v. Ohio
Florida v. Royer
Florida v. Royer, 460 U.S. 491 (1983)
In January 1978, two undercover officers approached the plaintiff, Mr. Royer, at the Miami International Airport because he fit a drug courier profile: He was a casually dressed, nervous young man carrying heavy luggage. Also, he paid cash for his ticket and filled out his baggage tag only with a name and destination.
The Supreme Court held that, although the officers correctly approached Mr. Royer in the airport, they moved him without his consent to the small room and held him there without probable cause. Therefore, his consent to search the suitcase resulted from an illegal custody and the marijuana discovered could not be admitted into evidence. The officers should not have asked the suspect to accompany them from the point of the initial consensual encounter to the small room until they returned his ticket and license. There was nothing to indicate the officers had any concern for their safety, or any legitimate need related to the limited purpose of the initial Terry stop. The court makes its decision about custody/non-custody based on everything police say or do—the totality of circumstances test.
Question 15 of 50 - BPOC 10 Arrest, Search & Seizure
In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that any statement can be used against them.
Miranda v. Arizona 384 US 436 (1966)
U.S. v. Mendenhall, 446 U.S. 544 at 554-555(1980).
Florida v. Royer, 460 U.S. 491 (1983).
Aguilar v. Texas, 378 U.S. 108(1964)
Miranda v. Arizona 384 US 436 (1966)
Question 16 of 50 - BPOC 10 Arrest, Search & Seizure
A search based on _________________ can be withdrawn at any time.
Hearsay
Probable Cause
A Search Warrant
Consent
Consent
Question 17 of 50 - BPOC 10 Arrest, Search & Seizure
Officers are required to inform suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?
Mapp v. Ohio
Texas v. Aguilar
Escobedo v. Illinois
Wong Sun v. United States
Miranda v. Arizona
Miranda v. Arizona
Question 18 of 50 - BPOC 10 Arrest, Search & Seizure
In _______________ the U.S Supreme Court first started actually enforcing the “exclusionary rule” against city, county, and state officials.
Wolf v. Colorado.
Weeks v. United States.
Terry v. Ohio.
Mapp v. Ohio.
Mapp v. Ohio, 367 U.S. 643 (1961),
was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the federal government but also to the U.S. state governments.
The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which is applicable only to actions of the federal government into the Fourteenth Amendment’s due process clause which is applicable to actions of the states.
Question 19 of 50 - BPOC 10 Arrest, Search & Seizure
Black’s Law Dictionary defines _____________ as a detailed list of articles of assets containing a designation or description of each specific article.
Search warrant
Commitment
Capias
Inventory
Inventory
Question 20 of 50 - BPOC 10 Arrest, Search & Seizure
The degree of proof required to “stop and frisk” is called:
reasonable suspicion.
Preponderance of evidence.
Beyond a reasonable doubt
probable cause.
reasonable suspicion.
Question 21 of 50 - BPOC 10 Arrest, Search & Seizure
Should the approach culminate in an arrest or seizure of contraband, you must be able to articulate (document) your initial suspicions to justify the initial contact made or action taken.
True
False
True
Question 22 of 50 - BPOC 10 Arrest, Search & Seizure
A peace officer may enter a residence when;
all listed
he is operating with a proper warrant
he has proper consent
there is a genuine exigent circumstance
all listed
Question 23 of 50 - BPOC 10 Arrest, Search & Seizure
In ____________ v. ______________ the U.S Supreme Court said, “In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly advised of their rights.
Ohio v. Mapp
U.S. v. Mendenhall
Miranda v. Arizona
Terry v. Ohio
Miranda v. Arizona
Question 24 of 50 - BPOC 10 Arrest, Search & Seizure
______________ is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause in
A Body Cavity Search
A Strip Search
A Cavity Search
A Pat Down
A Pat Down
Question 25 of 50 - BPOC 10 Arrest, Search & Seizure
Identify circumstances when frisking is permitted.
Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death.
All listed
Whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death
To protect the safety of the officer
All listed
Question 26 of 50 - BPOC 10 Arrest, Search & Seizure
Seizure and detention do not always require force or actual contact. Many times peace officers simply inform a person that he is under arrest, and the arrested person submits without any further action. This is called “_________________” seizure and detention.
Constructive
duress
Non coercive
Forcible
Constructive
Question 27 of 50 - BPOC 10 Arrest, Search & Seizure
Probable Cause is defined as: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.
True
False
True
Question 28 of 50 - BPOC 10 Arrest, Search & Seizure
Exclusion of evidence obtained by the police in violation of the Fourth Amendment was made applicable to individual states in ____________ (1961).
Weeks v. United States
Brown v. United States
Mapp v. Ohio
United States v. Leon
Mapp v. Ohio
Question 29 of 50 - BPOC 10 Arrest, Search & Seizure
“ _____________” means under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States.
Restraint
Imprisoned
Custody
Law Detention
Custody
Question 30 of 50 - BPOC 10 Arrest, Search & Seizure
An officer establishes probable cause and obtains a search warrant from a neutral magistrate. After serving the warrant and seizing the property an error is found in the search warrant that does not materially affect the warrant. Which of the following rule applies?
The Federal Exclusionary Rule applies and it is not admissible in a Federal Court.
It is still admissible under the “good faith” exception to the Texas Exclusionary Rule.
It will be admissible only as “rebuttal evidence” in the court case.
Because it is “fruit of the poisonous tree,” it is not admissible as evidence.
It is still admissible under the “good faith” exception to the Texas Exclusionary Rule.
Question 31 of 50 - BPOC 10 Arrest, Search & Seizure
Curtilage is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
False
True
True
Review: Cartilage is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Question 32 of 50 - BPOC 10 Arrest, Search & Seizure
Which of the following cases strengthens Terry V. Ohio?
Baity v. State
Armstrong v. State
Minnesota V. Dickerson
Katz v. Ohio
Minnesota V. Dickerson
Review: Minnesota v. Dickerson, 113 SCt 2130, was a decision by the Supreme Court of the United States.
The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.
By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment.
The defendant, Timothy Dickerson, was in a known drug area. An officer investigated by ordering a patdown of Dickerson to search for any weapons. During that search, he felt a small lump in his coat. Without further evidence, he reached in and grabbed the lump and found it was cocaine. In lower court, Dickerson moved that the cocaine be suppressed as evidence because the officer violated his right against unreasonable search and seizure under the Fourth Amendment to the United States Constitution, but the trial court overruled this objection, ruling that the frisking and the seizure of the cocaine were justified.
Question 33 of 50 - BPOC 10 Arrest, Search & Seizure
By “____________” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Detained
Temporary detention
Arrest
Restraint
Review: CCP (11.22) RESTRAINT. By “restraint” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Restraint
Review: CCP (11.22) RESTRAINT. By “restraint” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Question 34 of 50 - BPOC 10 Arrest, Search & Seizure
The act of imagining – or of doubt or apprehension of something without proof, or on slight evidence” is Black’s Law definition of
Preponderance of evidence.
probable cause.
Beyond a reasonable doubt.
Reasonable doubt
Suspicion.
Suspicion
Question 35 of 50 - BPOC 10 Arrest, Search & Seizure
_____________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Adjacent fields
Residential area
Open fields
Curtilage area
Curtilage area
Question 36 of 50 - BPOC 10 Arrest, Search & Seizure
An investigation may be conducted to determine what, if anything is occurring if a peace officer has mere suspicion?
Handcuffed
Persons may be approached and questions asked
Nothing
Arrest
Persons may be approached and questions asked
Question 37 of 50 - BPOC 10 Arrest, Search & Seizure
An Officer can frisk - if the situation calls for it; if there is reasonable fear that the suspect may be in possession of a weapon. The case law surrounding these facts is:
Smith v Dickerson
Missouri v Brown
Terry v Ohio
Roe v Wade
Terry v Ohio
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to “stop and frisk” a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution’s prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
The court also ruled that the police officer may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is “armed and presently dangerous.”
This reasonable suspicion must be based on “specific and articulable facts,” and not merely upon an officer’s hunch.
Question 38 of 50 - BPOC 10 Arrest, Search & Seizure
A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for _________________ may continue the pursuit into this state and arrest the person.
a misdemeanor of felony
a felony or a breach of the peace
any violation
a felony
a felony
Question 39 of 50 - BPOC 10 Arrest, Search & Seizure
The case law which allows for categories of evidence for which a search may be conducted may be found in:
Chimel v. California, 395 U.S. 752(1969)
Carroll v. U.S., U.S. 132 (1925)
Katz v. U.S., 389 U.S., 347 (1967)
U.S. v. Robinson, 414 U.S. 218(1973)
Katz v. U.S., 389 U.S., 347 (1967)
was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a “search” or “seizure” with regard to the protections of the Fourth Amendment to the U.S. Constitution.[1] The ruling expanded the Fourth Amendment’s protections from an individual’s “persons, houses, papers, and effects”, as specified in the Constitution’s text, to include any areas where a person has a “reasonable expectation of privacy”.[2] The reasonable expectation of privacy standard, known as the Katz test, was formulated in a concurring opinion by Justice John Marshall Harlan II.[3]
Question 40 of 50 - BPOC 10 Arrest, Search & Seizure
Who may arrest an offender without a warrant for any offense committed within his presence or within his view?
magistrate
private citizen
district attorney
peace officer
peace officer
Question 41 of 50 - BPOC 10 Arrest, Search & Seizure
Readily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidence defines
The exclusionary rule.
None listed
The hot-pursuit doctrine.
The plain-view doctrine.
The plain-view doctrine
Question 42 of 50 - BPOC 10 Arrest, Search & Seizure
________________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Open area
Yard
Curtilage
Attachment
Curtilage
Question 43 of 50 - BPOC 10 Arrest, Search & Seizure
Examples of suspicion are?
Taste only
Hear,Taste only
Smell only
What you see,hear and smell
Hear, Smell only
What you see,hear and smell
Question 44 of 50 - BPOC 10 Arrest, Search & Seizure
During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon
Is not admissible as evidence because the search warrant was for a person and not for an illegal shotgun.
may be seized and the person living in the apartment charged with possession of a prohibited weapon.
Falls under “fruit of the poisonous tree” and the exclusionary rule applies in this case.
Can be legally seized only if the officer obtains another warrant specifically for the shotgun.
may be seized and the person living in the apartment charged with possession of a prohibited weapon.
Question 45 of 50 - BPOC 10 Arrest, Search & Seizure
Which of the following is the weakest type of search?
Consent
Search warrant
Probable cause
Incident to arrest
Consent
Question 46 of 50 - BPOC 10 Arrest, Search & Seizure
Which is not an element that can be used to establish probable cause?
Furtive Act
Abnormal demeanor
Race
Location
Race
Question 47 of 50 - BPOC 10 Arrest, Search & Seizure
The U.S. Supreme Court in “Beck v. Ohio” said that “____________” exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.
reasonable suspicion
rational suspicion
exigent circumstances
reasonable ground
probable cause
probable cause
Beck v. Ohio, 379 U.S. 89 (1964), is a United States Supreme Court decision concerning evidence obtained as part of an unlawful arrest. Reversing the Ohio Supreme Court’s decision, the U.S. Supreme Court held that Ohio police arrested defendant without probable cause, so the criminally-punishable evidence found on his person during an incidental search was inadmissible. Accordingly, the U.S. Supreme Court vacated defendant’s conviction.
Review: BPOC (10.1) The probable cause test, then, must show that the facts and circumstances of the officer’s knowledge are sufficient enough to warrant a reasonable person to believe a suspect has committed, is committing, or is about to commit a crime.
See Beck v. Ohio, 379 U.S. 89 (1964); (If subjective good faith alone (of probable cause) were the test, the protection of the Fourth Amendment would evaporate, and the people would be ‘secure in their persons, houses, papers, and effects’ only in the discretion of the police)
Question 48 of 50 - BPOC 10 Arrest, Search & Seizure
“__________ v. ___________” is, according to your textbook, “colorfully” known as the “Fruit of the Poisonous Tree Case.”
Weeks v. U.S.
Wolf v. Colorado
Mapp v. Ohio
Wong Sun v. U.S.
Wong Sun v. U.S.
Wong Sun v. United States
Supreme Court of the United States
The presentation of verbal evidence and recovered narcotics where they were both fruits of an illegal entry are inadmissible in court except where there is a break in chain of evidence.
Wong Sun v. United States, 371 U.S. 471 (1963), is a United States Supreme Court decision excluding the presentation of verbal evidence and recovered narcotics where they were both fruits of an illegal entry. Narcotics agents unlawfully entered Toy’s laundry at which point Toy indicated that Jonny was selling narcotics. The drug agents then went to Jonny and found the narcotics. Jonny made a deal to give up his supplier, Wong Sun. The agents then arrested Wong Sun. All were arraigned and released on their own recognizance. Several days later, Wong Sun voluntarily returned to the police station to make a statement, during the process of which he confessed.
In a trial in a Federal District Court without a jury, they were convicted of fraudulent and knowing transportation and concealment of illegally imported heroin, in violation of 21 U.S.C. §174. Although the Court of Appeals held that the arrests of both petitioners without warrants were illegal, because not based on “probable cause” within the meaning of the Fourth Amendment nor “reasonable grounds” within the meaning of the Narcotics Control Act of 1956, it affirmed their convictions.
Question 49 of 50 - BPOC 10 Arrest, Search & Seizure
The “_________________” doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the “Exclusionary Rule”, but also intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful activity.
Fruit of the Poisonous Tree
plain view
Katz
Carroll
Fruit of the Poisonous Tree
Question 50 of 50 - BPOC 10 Arrest, Search & Seizure
What elements can be used to establish probable cause?
Location
Furtive Act and Abnormal demeanor
Time of day or night
High crime rate area
All listed
All listed
