Mid-term 28 questions

Question 1

The determination that a government-owned location constitutes a public forum means that:

a. the government may not restrict free speech activity at that location.

b. the government must satisfy stringent criteria to justify restricting free speech activity at that
location.

c. the government may not require a permit to engage in free speech activity at that location.
d. First Amendment activity must be allowed 24 hours a day.

Answer 1

b. the government must satisfy stringent criteria to justify restricting free speech activity at that
location.

Question 2

Which of the following locations is the least likely to be regarded as a public forum?

a. A municipal park
b. A shopping center parking lot
c. A municipal auditorium
d. The sidewalk in front of a public school

Answer 2

b. A shopping center parking lot

or

d. The sidewalk in front of a public school (likely)

Question 3

Public streets, sidewalks, and parks are examples of:

a. traditional public forums.
b. public forums by designation.
c. nonpublic forums.
d. limited public forums.

Answer 3

a. traditional public forums.

Question 4

The determination that a government-owned location is a nonpublic forum means that:

a. the government may ban all expressive activity except handbilling.

b. the government has the same power as a private landowner to outlaw First Amendment
activity.

c. the government will be held to a higher standard in regulating First Amendment uses than in
the case of public forums.

d. restrictions on First Amendment uses must be viewpoint neutral and reasonable in light of
the purposes the forum serves.

Answer 4

d. restrictions on First Amendment uses must be viewpoint neutral and reasonable in light of
the purposes the forum serves.

Question 5

Which of the following ordinances is most likely to be held unconstitutional?

a. an ordinance prohibiting noisy demonstrations in front of schools between the hours of 8:30
a. m. and 3:00 p.m.

b. an ordinance prohibiting begging in municipal bus terminals

c. an ordinance prohibiting the display of signs critical of an embassy’s government in front of
a foreign embassy

d. an ordinance prohibiting blocking ingress or egress to public building

Answer 5

c. an ordinance prohibiting the display of signs critical of an embassy’s government in front of
a foreign embassy

Question 6

On April 3, Bob, a candidate for district court judge, set up a table in the north wing of the
Sharpsville Plaza to solicit campaign contributions and distribute literature. Sharpsville Plaza is a
privately owned shopping center. Upon learning of Bob’s presence, the manager told him that
Sharpsville Plaza did not permit solicitation on the premises and asked him to leave. On his
refusal, the manager called the police. When Officer Smith arrived, he observed that Bob was
polite and mannerly and that he was not disturbing anyone. Officer Smith should:

a. arrest Bob for trespassing if he refuses to leave.

b. advise the manager that he cannot arrest Bob unless Bob causes a disturbances or disrupts
traffic flows.

c. tell the manager that he cannot have Bob arrested because political candidates enjoy an
absolute First Amendment privilege to distribute campaign literature.

d. arrest the manager for intruding on Bob’s freedom of expression.

Answer 6

a. arrest Bob for trespassing if he refuses to leave.

Question 7

A group of anti-war protestors deliberately obstructed the entrance to an army induction
center to prevent inductees from entering. When an officer attempted to remove the protestors,
Joe, who was the leader of the group: “You white son of a bitch, come one inch closer, I’ll choke
you to death and cut you into pieces.” The officer arrested him under a statute which prohibited
use “opprobrious words or abusive language.” Joe was convicted and appealed, claiming that his
conviction violated the First Amendment.

a. The court should reverse Joe’s conviction because the statute under which he was convicted
is unconstitutionally vague and imprecise.

b. The court should reverse Joe’s conviction because Joe was arrested for speech that was
protected by the First Amendment.

c. The court should reverse Joe’s conviction because the officer had no authority to ask Joe to
move.

d. The court should reverse Joe’s conviction because words spoken to a police officer can never
be considered as a factor in making an arrest decision.

Answer 7

b. The court should reverse Joe’s conviction because Joe was arrested for speech that was
protected by the First Amendment.

Question 8

All but one of the following ordinances are unconstitutional. Which ordinance is
constitutional?

a. an ordinance outlawing posting of yard signs in residential neighborhoods

b. an ordinance making it a crime to speak contemptuously of the mayor or members of the
board of aldermen

c. an ordinance making it a crime to place graffiti on public buildings
d. an ordinance making it a crime to use profane language in public

Answer 8

c. an ordinance making it a crime to place graffiti on public buildings

Question 9

The language of the Fourth Amendment does not mention the term:

a. seizure.
b. arrest.
c. warrant.
d. probable cause

Answer 9

b. arrest.

Question 10

Reasonable suspicion is necessary to:

a. stop a motor vehicle at a fixed checkpoint.
b. issue a traffic citation.
c. frisk a person for a weapon.
d. ask a person for permission to search his or her luggage.

Answer 10

c. frisk a person for a weapon.

Question 11

No level of suspicion is required to:

a. detain a person’s luggage and subject it to a canine drug detection examination.
b. approach a person on a public street and ask for identification.
c. stop a motorist to check his or her driver’s license.
d. detain a person for less than 15 minutes.

Answer 11

b. approach a person on a public street and ask for identification.

Question 12

The test for whether a police officer has made a show of legal authority is:

a. whether the officer succeeds in bringing the suspect physically under his or her control.
b. whether the officer intends to make an arrest.
c. whether the officer draws a gun.

d. whether a reasonable person in the suspect’s position would feel free to disregard the
officer’s request and leave.

Answer 12

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Question 13

All but which of the following constitutes a seizure?

a. An officer yells “stop in the name of the law” and fires a warning shot, but the suspect
continues running.

b. A police officer activates a siren and lights and pursues the suspect’s car. The suspect pulls
over.

c. A police officer sees a woman shoplift a pack of cigarettes. He approaches her, grabs her by
the arm, and says: “Open your purse. I want to see what you put in it.” The woman complies.

d. A police officer pounds on the suspect’s door for several minutes, repeating in a loud voice,
“Open up! This is the police.” The suspect opens the door

Answer 13

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Question 14

An investigative stop may not, under any circumstances:

a. last longer than 15 minutes
b. be made for past crimes.
c. be made in locations besides public streets and sidewalks.
d. be made based on an unverified anonymous tip

Answer 14

b. be made for past crimes.

Question 15

During an investigative stop, police may not, under any circumstances:

a. draw weapons or use handcuffs.
b. move the detainee from the location of the stop.
c. search the detainee for anything other than weapons without the detainee’s consent.
d. detain the suspect for more than 30 minutes

Answer 15

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Question 16

The “plain feel” doctrine:

a. is an exception to the rule that the only objects police may seize during investigative stops is
a weapon.

b. was announced in Terry v. Ohio.
c. applies only during pretextual traffic stops.

d. is an exception to the rule that police must knock and announce their presence before making
a nonconsensual entry into a private residence

Answer 16

a. is an exception to the rule that the only objects police may seize during investigative stops is
a weapon.

Question 17

After a lawful traffic stop, police may routinely:

a. search the trunk of the vehicle.
b. order the driver and all passengers to exit the vehicle for the duration of the stop.
c. frisk the driver and all passengers.
d. detain the driver for up to 30 minutes.

Answer 17

b. order the driver and all passengers to exit the vehicle for the duration of the stop.

Question 18

An arrest occurs as a matter of law whenever the police:

a. chase a suspect.
b. fire a warning shot at a fleeing suspect.
c. frisk a suspect without his or her consent.
d. take a suspect to the police station without his or her consent

Answer 18

d. take a suspect to the police station without his or her consent

Question 19

Police must always execute which of following acts in order to effect an arrest?

a. Take the suspect to the police station for booking.
b. Expressly inform the suspect that he or she is under arrest.
c. Seize the suspect.
d. Prepare a sworn affidavit

Answer 19

b. Expressly inform the suspect that he or she is under arrest.

Question 20

The Fourth Amendment requires an arrest warrant:

a. to arrest for a misdemeanor not committed in the officer’s presence.
b. whenever it is practicable for the officer to obtain one.
c. before making a nonconsensual entry into a hotel room to arrest someone inside.
d. before a suspect may be taken to the police station.

Answer 20

C. before making a nonconsensual entry into a hotel room to arrest someone inside.

Question 21

An arrest warrant will not protect an officer against liability for making an unconstitutional
arrest if the:

a. warrant is not served within 30 days after it is issued.

b. officer deliberately or recklessly includes false information in his or her affidavit for a
warrant.

c. warrant is not in the officer’s possession and shown to the person arrested at the time of the
arrest.

d. arrestee is not taken before a magistrate for a post-arrest probable cause hearing within 48
hours after the arrest

Answer 21

b. officer deliberately or recklessly includes false information in his or her affidavit for a
warrant.

Question 22

In evaluating whether probable cause exists for the issuance of an arrest warrant, the judge
will:

a. identify all the facts and circumstances known to the officer, view them in combination, and
evaluate their evidentiary significance in the way a trained police officer would.

b. disregard information received from an informant unless the informant is brought before the
judge and testifies in person.

c. require stronger evidence than would be required if the officer made the arrest without a
warrant.

d. require more or stronger evidence for a misdemeanor arrest warrant than for a felony arrest
warrant

Answer 22

a. identify all the facts and circumstances known to the officer, view them in combination, and
evaluate their evidentiary significance in the way a trained police officer would.

Question 23

The Fourth Amendment expressly requires that arrest warrants:

a. be executed within 30 days after issuance.
b. contain a particularized description of the person to be arrested.
c. contain a particularized description of the officer who is authorized to execute the warrant.
d. contain a particularized description of the offense charged.

Answer 23

b. contain a particularized description of the person to be arrested.

Question 24

Sticky-Fingered Sam lives in an apartment at 112 North Street, which he shares with his
sister Mary Wanna. Sam is wanted by the police for theft. Having no luck finding Sam abroad,
the police decide to arrest Sam inside his apartment. Which of the following warrant(s) must the
officers obtain before going to Sam’s apartment to arrest him?

a. an arrest warrant
b. both an arrest and a search warrant
c. a search warrant
d. an arrest warrant and a forcible entry warrant

Answer 24

b. both an arrest and a search warrant