Final Exam Flashcards
An unlawful search and seizure can include all of the following consequences EXCEPT:
evidence would be admissible in court
When executing a search or arrest warrant, the common law rule is that for an entry into the home to be constitutional, the police must first:
knock and identify themselves and their purpose
All of the following are true of the exclusionary rule, except:
it provides for criminal sanctions against the officer
The exclusionary rule:
safeguards rights through its deterrent effect
(T/F) An examination of a person, place, or vehicle for contraband or evidence of a crime is known as a seizure.
False
The fourth amendment regulates the actions of all of the following except:
United Parcel Service
(T/F) Any intrusion on a person’s freedom, including stop and frisk situations, involves fourth amendment protections.
True
(T/F) Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to a search or arrest.
False
All warrants must be based on:
probable cause
(T/F) Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom they seek to arrest.
True
Usually, officers cannot make a lawful arrest:
for a misdemeanor committed outside their presence.
(T/F) A seizure is not necessarily an arrest, but arrest are seizures
True
Which of the following is NOT considered when determining if the length of an investigative stop was reasonable
whether force was used to stop and detain the suspect
Police may make a warrantless arrest based on probable cause in all of the following circumstances, EXCEPT:
most misdemeanors occurring outside their presence
If a police officer makes a stop for a traffic violation and are reasonably suspicious that the situation is dangerous, they:
can order driver and passenger out of the car and frisk them.
(T/F) A stop is a seizure of the person within the meaning of the fourth amendment
True
In Florida v J.L, the supreme court rules that Terry stops:
cannot be justified solely by an anonymous tip
Which of the following, by itself, can be used as a reasonable suspicion to conduct a stop?
existence of a wanted poster
In which of the following scenarios would an officer NOT be able to make a warrantless arrest
An officer hears a kid talking about the compact disc player he shoplifted last week
The brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity is known as
a stop
Under the strict scrutiny test, the government must prove that its policy is ________ to promote a ________ governmental interest.
Necessary/ Compelling
What constitutional standard of scrutiny is applied to regulations of commercial speech?
intermediate scrutiny
If a professor at a public school imposes a policy barring students from wearing all types of hats in the classroom, this would most appropriately be labeled as a:
neutral law that may impact a students’ expression
Which case (majority opinion) adopted the “clear and present danger” test as a means for resolving the freedom of speech?
Bradenburg v Ohio
What element must be proven in order for a public figure to successfully bring a defamation case?
Malice
Which of the following is NOT considered a public forum within free speech jurisprudence?
Prisons
A false publication in a newspaper that causes damages to a nonpublic figure is called:
Libel
A law regulating speech that fails to sufficiently define its terms would most likely be unconstitutional based on the ____________ doctrine.
vagueness
Which of the following cases actually sided with the rights of individual expression under the First Amendment?
II. Texas v. Johnson
III. Brandenburg v. Ohio
Within free speech jurisprudence, what term is used to describe the idea that multiple ideas or forms of expression should compete against one another so that others may consider them?
Marketplace of ideas
The Court’s decision in Lee v. Weisman best illustrates which approach (test) under the Establishment Clause?
Coercion test
Which view of the establishment clause would allow greater interplay between government and religion?
Accommodationist view
Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims?
Strict scrutiny
Which of the following is NOT considered to be a current mode of analysis used by the Supreme Court to review alleged violations of the Establishment Clause?
non-denominational test
In which case did the Court uphold a law prohibiting polygamy as it applied to a Mormon who allegedly had married a second wife?
Reynolds v. United State
In which case did the Court uphold the public display of the Ten Commandments?
Van Orden v. Perry
What law did Congress pass in an effort to reverse the consequences of the Court’s opinion in Employment Division v. Smith?
The Religious Freedom Restoration Act
Which of the following is NOT a standard under the Lemon test?
Law must give equal access to all religions.
Which case involved an Establishment Clause challenge to the “under God” provision within the Pledge of Allegiance?
Newdow v. United States
What is the name of the U.S. Supreme Court case that held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employees health-care coverage for contraceptives under the federal Affordable Care Act?
Hobby Lobby V Burwell
Substantive due process concerns the type or substance of behavior that is included as a “liberty” under the due process clause.
True
What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental burden?
strict scrutiny
Which case held that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the 14th amendment Due Process Clause?
Obergefell v. Hodges
The U.S. Supreme Court found that the Due Process Clause protected the personal autonomy of individuals to make decisions regarding adult, consensual, and private sexual activity in which case?
Lawrence v. Texas
In Roe V Wade, The U.S. Supreme Court ruled that there are no limits to the right to privacy of a woman’s right to choose to have an abortion.
False
what case was reversed by the court’s decision in lawrence v. texas
bowers v. hardwick
which case recognized a constitutional right to privacy
griswold v. conneticut
what term is used to describe the ability of government to take private property for public use under the fifth amendment
eminent domain
which case addresses so called partial-birth abortions?
gonzalez v. carhart
