CRIMINAL PROCEDURE (UBE) QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) ALREADY
GRADED A+
What does the Fourth Amendment protect? Ans✓✓✓The Fourth
Amendment provides that people should be free from unreasonable
searches & seizures.
What constitutes a "seizure" for purposes of Fourth Amendment?
Ans✓✓✓A seizure is ANY exercise of control by a government agent
over a person or thing.
When does a "seizure" occur under the Fourth Amendment? Ans✓✓✓A
seizure occurs when, under the totality of the circumstances, a
reasonable person would feel that he was not free to decline the officer's
requests or otherwise terminate the encounter.
Use of Deadly Force: A Fourth Amendment "seizure" also occurs when
a police officer uses deadly force to apprehend a suspect. An officer may
not use deadly force unless it is reasonable to do so under the
circumstances (e.g., where the suspect poses a danger to his own life or
the lives of others).
When does an "arrest" occur under the Fourth Amendment?
Ans✓✓✓An arrest occurs when the police take a person into custody
against her will for purposes of criminal prosecution or interrogation.
,What is required in order for an arrest to be valid? Ans✓✓✓Probable
Cause Requirement: An arrest must be based on probable cause—that is,
trustworthy facts or knowledge sufficient for a reasonable person to
believe that the suspect has committed or is committing a crime for
which arrest is authorized by law.
>>> Probable cause is based on the totality of the circumstances.
Warrant Generally Not Required Except for Home Arrests: A warrant is
usually NOT required before arresting someone in a public place;
however, police must generally have a warrant to effect a nonemergency
arrest of a person in his home.
>>> The officers executing the warrant may enter the suspect's home
only if reasonable suspicion exists to enter the home.
When may officers perform a Terry stop & frisk? Ans✓✓✓Police may
detain a person for investigative purposes if they have a reasonable
suspicion of criminal activity or involvement in a completed crime,
supported by articulable facts (that is, not merely a hunch).
Police may frisk a detainee for weapons if they have a reasonable
suspicion that the detainee is armed & dangerous.
How long may Terry stops last? Ans✓✓✓Investigatory Terry stops are
NOT subject to any specific time limit. Instead, the police must only act
in a diligent and reasonable manner in confirming or dispelling their
suspicions.
,The police may ask the detained person to identify himself (that is, state
his name) and may generally arrest the detainee for failure to comply
with such a request.
What is required when reasonable suspicion is based on a tip by an
informant? Ans✓✓✓When reasonable suspicion is based on an
informant's tip, there must be an indicia of reliability (including
predictive information) to be sufficient.
When will a detention turn into an arrest? Ans✓✓✓A detention will turn
into an arrest if during the detention other probable cause for arrest
arises.
When may the police perform an automobile stop? Ans✓✓✓Generally,
police officers may NOT stop a car unless they have at least reasonable
suspicion to believe that a law has been violated.
However, if special law enforcement needs are involved, the Supreme
Court allows police officers to set up roadblocks to stop cars without
individualized suspicion that the driver violated some law.
Police Officer's Mistake of Law: A police officer's mistake of law (e.g.,
mistakenly believing that a vehicle
must have two working brake lights) does NOT invalidate a seizure as
long as the mistake was reasonable.
, Are "pretextual stops" permitted? Ans✓✓✓Pretextual Stops: If the
police have probable cause to believe a driver violated a traffic law, they
may stop the car, even if their ulterior motive is to investigate a crime
for which they lack sufficient cause to make a stop.
What is the general rule re: traffic stops & police dogs? Ans✓✓✓During
routine traffic stops, a sniff is NOT a search, so long as the police do not
extend the stop beyond the time needed to issue a ticket or conduct
normal inquiries.
Further, the Supreme Court has held that during traffic stops, a dog
"alert" to the presence of drugs can form the basis for probable cause of
a search.
BUT NOTE: The Supreme Court has also held, however, that the police
(without probable cause) may NOT use a drug sniffing dog outside of
the home of a suspected drug dealer.
What effect does an automobile stop have on the occupants?
Ans✓✓✓An automobile stop constitutes a seizure of ALL occupants
(driver and any passengers).
What constitutes a valid roadblock? Ans✓✓✓To be valid, a roadblock
must:
1) stop cars on the basis of some neutral, articulable standard (e.g., every
car); AND
DETAILED ANSWERS (VERIFIED ANSWERS) ALREADY
GRADED A+
What does the Fourth Amendment protect? Ans✓✓✓The Fourth
Amendment provides that people should be free from unreasonable
searches & seizures.
What constitutes a "seizure" for purposes of Fourth Amendment?
Ans✓✓✓A seizure is ANY exercise of control by a government agent
over a person or thing.
When does a "seizure" occur under the Fourth Amendment? Ans✓✓✓A
seizure occurs when, under the totality of the circumstances, a
reasonable person would feel that he was not free to decline the officer's
requests or otherwise terminate the encounter.
Use of Deadly Force: A Fourth Amendment "seizure" also occurs when
a police officer uses deadly force to apprehend a suspect. An officer may
not use deadly force unless it is reasonable to do so under the
circumstances (e.g., where the suspect poses a danger to his own life or
the lives of others).
When does an "arrest" occur under the Fourth Amendment?
Ans✓✓✓An arrest occurs when the police take a person into custody
against her will for purposes of criminal prosecution or interrogation.
,What is required in order for an arrest to be valid? Ans✓✓✓Probable
Cause Requirement: An arrest must be based on probable cause—that is,
trustworthy facts or knowledge sufficient for a reasonable person to
believe that the suspect has committed or is committing a crime for
which arrest is authorized by law.
>>> Probable cause is based on the totality of the circumstances.
Warrant Generally Not Required Except for Home Arrests: A warrant is
usually NOT required before arresting someone in a public place;
however, police must generally have a warrant to effect a nonemergency
arrest of a person in his home.
>>> The officers executing the warrant may enter the suspect's home
only if reasonable suspicion exists to enter the home.
When may officers perform a Terry stop & frisk? Ans✓✓✓Police may
detain a person for investigative purposes if they have a reasonable
suspicion of criminal activity or involvement in a completed crime,
supported by articulable facts (that is, not merely a hunch).
Police may frisk a detainee for weapons if they have a reasonable
suspicion that the detainee is armed & dangerous.
How long may Terry stops last? Ans✓✓✓Investigatory Terry stops are
NOT subject to any specific time limit. Instead, the police must only act
in a diligent and reasonable manner in confirming or dispelling their
suspicions.
,The police may ask the detained person to identify himself (that is, state
his name) and may generally arrest the detainee for failure to comply
with such a request.
What is required when reasonable suspicion is based on a tip by an
informant? Ans✓✓✓When reasonable suspicion is based on an
informant's tip, there must be an indicia of reliability (including
predictive information) to be sufficient.
When will a detention turn into an arrest? Ans✓✓✓A detention will turn
into an arrest if during the detention other probable cause for arrest
arises.
When may the police perform an automobile stop? Ans✓✓✓Generally,
police officers may NOT stop a car unless they have at least reasonable
suspicion to believe that a law has been violated.
However, if special law enforcement needs are involved, the Supreme
Court allows police officers to set up roadblocks to stop cars without
individualized suspicion that the driver violated some law.
Police Officer's Mistake of Law: A police officer's mistake of law (e.g.,
mistakenly believing that a vehicle
must have two working brake lights) does NOT invalidate a seizure as
long as the mistake was reasonable.
, Are "pretextual stops" permitted? Ans✓✓✓Pretextual Stops: If the
police have probable cause to believe a driver violated a traffic law, they
may stop the car, even if their ulterior motive is to investigate a crime
for which they lack sufficient cause to make a stop.
What is the general rule re: traffic stops & police dogs? Ans✓✓✓During
routine traffic stops, a sniff is NOT a search, so long as the police do not
extend the stop beyond the time needed to issue a ticket or conduct
normal inquiries.
Further, the Supreme Court has held that during traffic stops, a dog
"alert" to the presence of drugs can form the basis for probable cause of
a search.
BUT NOTE: The Supreme Court has also held, however, that the police
(without probable cause) may NOT use a drug sniffing dog outside of
the home of a suspected drug dealer.
What effect does an automobile stop have on the occupants?
Ans✓✓✓An automobile stop constitutes a seizure of ALL occupants
(driver and any passengers).
What constitutes a valid roadblock? Ans✓✓✓To be valid, a roadblock
must:
1) stop cars on the basis of some neutral, articulable standard (e.g., every
car); AND
