4. Arrest Search and Seizure (50Q)

Question 1

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

Answer 1

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

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.

Answer 2

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

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

Answer 3

curtilage area

Question 4

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

Answer 4

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

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.

Answer 5

A red-light violation is committed in view of a credible citizen, but not in view of the officer.

Question 6

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

Answer 6

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

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

Answer 7

Poisonous Tree Doctrine

Question 8

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

Answer 8

True

Question 9

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.

Answer 9

Not admissible as evidence because it was seized unlawfully.

Question 10

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

Answer 10

True

Question 11

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

Answer 11

Probable cause

Question 12

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.

Answer 12

must be corroborated with independent evidence.

Question 13

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

Answer 13

All listed

Question 14

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

Answer 14

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

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)

Answer 15

Miranda v. Arizona 384 US 436 (1966)

Question 16

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

Answer 16

Consent

Question 17

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

Answer 17

Miranda v. Arizona

Question 18

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.

Answer 18

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

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

Answer 19

Inventory

Question 20

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.

Answer 20

reasonable suspicion.

Question 21

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

Answer 21

True

Question 22

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

Answer 22

all listed

Question 23

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

Answer 23

Miranda v. Arizona

Question 24

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

Answer 24

A Pat Down

Question 25

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

Answer 25

All listed

Question 26

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

Answer 26

Constructive

Question 27

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

Answer 27

True

Question 28

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

Answer 28

Mapp v. Ohio

Question 29

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

Answer 29

Custody

Question 30

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.

Answer 30

It is still admissible under the “good faith” exception to the Texas Exclusionary Rule.

Question 31

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

Answer 31

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

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

Answer 32

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

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.

Answer 33

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

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.

Answer 34

Suspicion

Question 35

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

Answer 35

Curtilage area

Question 36

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

Answer 36

Persons may be approached and questions asked

Question 37

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

Answer 37

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

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

Answer 38

a felony

Question 39

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)

Answer 39

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

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

Answer 40

peace officer

Question 41

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.

Answer 41

The plain-view doctrine

Question 42

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

Answer 42

Curtilage

Question 43

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

Answer 43

What you see,hear and smell

Question 44

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.

Answer 44

may be seized and the person living in the apartment charged with possession of a prohibited weapon.

Question 45

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

Answer 45

Consent

Question 46

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

Answer 46

Race

Question 47

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

Answer 47

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

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.

Answer 48

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

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

Answer 49

Fruit of the Poisonous Tree

Question 50

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

Answer 50

All listed