Final Exam

Question 1

An unlawful search and seizure can include all of the following consequences EXCEPT:

Answer 1

evidence would be admissible in court

Question 2

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:

Answer 2

knock and identify themselves and their purpose

Question 3

All of the following are true of the exclusionary rule, except:

Answer 3

it provides for criminal sanctions against the officer

Question 4

The exclusionary rule:

Answer 4

safeguards rights through its deterrent effect

Question 5

(T/F) An examination of a person, place, or vehicle for contraband or evidence of a crime is known as a seizure.

Answer 5

False

Question 6

The fourth amendment regulates the actions of all of the following except:

Answer 6

United Parcel Service

Question 7

(T/F) Any intrusion on a person’s freedom, including stop and frisk situations, involves fourth amendment protections.

Answer 7

True

Question 8

(T/F) Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to a search or arrest.

Answer 8

False

Question 9

All warrants must be based on:

Answer 9

probable cause

Question 10

(T/F) Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom they seek to arrest.

Answer 10

True

Question 11

Usually, officers cannot make a lawful arrest:

Answer 11

for a misdemeanor committed outside their presence.

Question 12

(T/F) A seizure is not necessarily an arrest, but arrest are seizures

Answer 12

True

Question 13

Which of the following is NOT considered when determining if the length of an investigative stop was reasonable

Answer 13

whether force was used to stop and detain the suspect

Question 14

Police may make a warrantless arrest based on probable cause in all of the following circumstances, EXCEPT:

Answer 14

most misdemeanors occurring outside their presence

Question 15

If a police officer makes a stop for a traffic violation and are reasonably suspicious that the situation is dangerous, they:

Answer 15

can order driver and passenger out of the car and frisk them.

Question 16

(T/F) A stop is a seizure of the person within the meaning of the fourth amendment

Answer 16

True

Question 17

In Florida v J.L, the supreme court rules that Terry stops:

Answer 17

cannot be justified solely by an anonymous tip

Question 18

Which of the following, by itself, can be used as a reasonable suspicion to conduct a stop?

Answer 18

existence of a wanted poster

Question 19

In which of the following scenarios would an officer NOT be able to make a warrantless arrest

Answer 19

An officer hears a kid talking about the compact disc player he shoplifted last week

Question 20

The brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity is known as

Answer 20

a stop

Question 21

Under the strict scrutiny test, the government must prove that its policy is ________ to promote a ________ governmental interest.

Answer 21

Necessary/ Compelling

Question 22

What constitutional standard of scrutiny is applied to regulations of commercial speech?

Answer 22

intermediate scrutiny

Question 23

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:

Answer 23

neutral law that may impact a students’ expression

Question 24

Which case (majority opinion) adopted the “clear and present danger” test as a means for resolving the freedom of speech?

Answer 24

Bradenburg v Ohio

Question 24

What element must be proven in order for a public figure to successfully bring a defamation case?

Answer 24

Malice

Question 25

Which of the following is NOT considered a public forum within free speech jurisprudence?

Answer 25

Prisons

Question 26

A false publication in a newspaper that causes damages to a nonpublic figure is called:

Answer 26

Libel

Question 27

A law regulating speech that fails to sufficiently define its terms would most likely be unconstitutional based on the ____________ doctrine.

Answer 27

vagueness

Question 28

Which of the following cases actually sided with the rights of individual expression under the First Amendment?

Answer 28

II. Texas v. Johnson
III. Brandenburg v. Ohio

Question 29

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?

Answer 29

Marketplace of ideas

Question 30

The Court’s decision in Lee v. Weisman best illustrates which approach (test) under the Establishment Clause?

Answer 30

Coercion test

Question 31

Which view of the establishment clause would allow greater interplay between government and religion?

Answer 31

Accommodationist view

Question 32

Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims?

Answer 32

Strict scrutiny

Question 33

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?

Answer 33

non-denominational test

Question 34

In which case did the Court uphold a law prohibiting polygamy as it applied to a Mormon who allegedly had married a second wife?

Answer 34

Reynolds v. United State

Question 35

In which case did the Court uphold the public display of the Ten Commandments?

Answer 35

Van Orden v. Perry

Question 36

What law did Congress pass in an effort to reverse the consequences of the Court’s opinion in Employment Division v. Smith?

Answer 36

The Religious Freedom Restoration Act

Question 37

Which of the following is NOT a standard under the Lemon test?

Answer 37

Law must give equal access to all religions.

Question 38

Which case involved an Establishment Clause challenge to the “under God” provision within the Pledge of Allegiance?

Answer 38

Newdow v. United States

Question 39

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?

Answer 39

Hobby Lobby V Burwell

Question 40

Substantive due process concerns the type or substance of behavior that is included as a “liberty” under the due process clause.

Answer 40

True

Question 41

What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental burden?

Answer 41

strict scrutiny

Question 42

Which case held that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the 14th amendment Due Process Clause?

Answer 42

Obergefell v. Hodges

Question 43

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?

Answer 43

Lawrence v. Texas

Question 44

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.

Answer 44

False

Question 45

what case was reversed by the court’s decision in lawrence v. texas

Answer 45

bowers v. hardwick

Question 46

which case recognized a constitutional right to privacy

Answer 46

griswold v. conneticut

Question 47

what term is used to describe the ability of government to take private property for public use under the fifth amendment

Answer 47

eminent domain

Question 48

which case addresses so called partial-birth abortions?

Answer 48

gonzalez v. carhart