CRJ 123 Final Exam (Review Quiz)
Questions with Correct Answers
Reasonable and Understandable - ANSWERSThe mistake in the execution of a valid
warrant must be _________ and _________ for it not to violate the 4th amendment or
require a suppression hearing.
False - ANSWERST/F: Miranda only applies when you're in the police station.
-Allows the admission of evidence that is discovered by lawful means wholly
independent of an untainted by any constitutional violation.
-If any information or evidence obtained during an unlawful search prompts the police to
apply for a warrant or is used by the police to secure a warrant, the independent source
exception does not apply. - ANSWERSWhat is the independent source exception to the
exclusionary rule?
No, because his whereabouts are in a public area that could also be obtained through
ordinary visual surveillance it is not a search. - ANSWERSGreg is under surveillance by
law enforcement. Law enforcement knows that he is going to pick up a bag from an
informant. In the bag they place a tracking device and track his public movements. Is
this considered a search?
Yes, any surveillance of a private residence that could not be obtained by observation
from outside the curilage of the home is considered a search. - ANSWERSDoes a
search occur when police use an electronic tracking device to obtain information about
the interior of a private residence?
Yes, any physical intruding on a constitutionally protected area is considered a search. -
ANSWERSDoes a search occur when the government installs a GPS device on an
individual's vehicle and use that device to monitor the vehicles movements constitutes a
search.
No, if there is no suspicion of wrongdoings. - ANSWERSCan a police officer search an
individual/bystander present when a search warrant is executed?
Yes, if necessary for officers safety. - ANSWERSCan an officer detain an individual
present when executing a search warrant?
Several Hours, handcuffs - ANSWERSDetention of an individual during a search
warrant may last for ______ ______ and include the use of ________
, Yes, under the exigent circumstances: hot pursuit rule (or exceptions to the warrant
requirement) - ANSWERSCan police enter and search private property without a
warrant if they are in hot pursuit of a suspected felon? What is the rule called?
No, you have a reasonable expectation of privacy within your home and a warrant for
your arrest must be present if officers are going to go into your home. - ANSWERSIf the
police have proof that a murder suspect in their case is the actual murderer, can they
arrest the individual in their home without a warrant?
Well, to frisk and individual there must be reasonable suspicion that they are armed and
presently dangerous. So the officer is frisking for weapons. While frisking, if the officer
feels what he believes to be drugs it must be immediately apparent that what he is
feeling is drug and he must have probable cause to grab the drugs. - ANSWERSWhen
during a stop and frisk can the officer reach into a pock to grab drugs?
Nope, Dave and Dena are private citizens and your 4th amendment right from unlawful
search and seizures only accounts for government action (e.g. police and/or individuals
acting on behest of the police) - ANSWERSDave and Dena, your nosy next door
neighbors, go searching in your home and find your massive pile of cocaine on your
dining room table and bring that information to the police. Can you argue violation of the
4th amendment right from unlawful search and seizures?
The Exclusionary Rule - ANSWERSUnder what rule can evidence obtained in violation
of the constitution be generally excluded form the defendants criminal trial?
When the police intrude into an area in which:
a. the defendant exhibited an actual, subjective expectation of privacy; and
b. society is prepared to recognize that expectation as reasonable. - ANSWERSWhat is
a "search" under the 4th amendment?
True - ANSWERST/F: When the police electronically listen to and record an individual's
phone call it violates the privacy upon which he justifiably relied and constitutes a
"search and seizure" within the meaning of the 4th amendment.
No, Criminal Chris has no justifiable and constitutionally protected expectation that a
person with whom he is conversing will not then or later reveal the conversation to the
police. - ANSWERSIf Bartender Bob is a wired informant for the police and Criminal
Chris decides to tell Bob all about his criminal activity. Can the act of a wired informant
be considered a search?
No, because an individual does not generally expect the numbers he dials to remain
secret, nor is it reasonable to expect privacy in information voluntarily disclosed to a
third-party telephone company whose equipment completes the call. - ANSWERSIs the
use of a Pen Register considered a search?
Questions with Correct Answers
Reasonable and Understandable - ANSWERSThe mistake in the execution of a valid
warrant must be _________ and _________ for it not to violate the 4th amendment or
require a suppression hearing.
False - ANSWERST/F: Miranda only applies when you're in the police station.
-Allows the admission of evidence that is discovered by lawful means wholly
independent of an untainted by any constitutional violation.
-If any information or evidence obtained during an unlawful search prompts the police to
apply for a warrant or is used by the police to secure a warrant, the independent source
exception does not apply. - ANSWERSWhat is the independent source exception to the
exclusionary rule?
No, because his whereabouts are in a public area that could also be obtained through
ordinary visual surveillance it is not a search. - ANSWERSGreg is under surveillance by
law enforcement. Law enforcement knows that he is going to pick up a bag from an
informant. In the bag they place a tracking device and track his public movements. Is
this considered a search?
Yes, any surveillance of a private residence that could not be obtained by observation
from outside the curilage of the home is considered a search. - ANSWERSDoes a
search occur when police use an electronic tracking device to obtain information about
the interior of a private residence?
Yes, any physical intruding on a constitutionally protected area is considered a search. -
ANSWERSDoes a search occur when the government installs a GPS device on an
individual's vehicle and use that device to monitor the vehicles movements constitutes a
search.
No, if there is no suspicion of wrongdoings. - ANSWERSCan a police officer search an
individual/bystander present when a search warrant is executed?
Yes, if necessary for officers safety. - ANSWERSCan an officer detain an individual
present when executing a search warrant?
Several Hours, handcuffs - ANSWERSDetention of an individual during a search
warrant may last for ______ ______ and include the use of ________
, Yes, under the exigent circumstances: hot pursuit rule (or exceptions to the warrant
requirement) - ANSWERSCan police enter and search private property without a
warrant if they are in hot pursuit of a suspected felon? What is the rule called?
No, you have a reasonable expectation of privacy within your home and a warrant for
your arrest must be present if officers are going to go into your home. - ANSWERSIf the
police have proof that a murder suspect in their case is the actual murderer, can they
arrest the individual in their home without a warrant?
Well, to frisk and individual there must be reasonable suspicion that they are armed and
presently dangerous. So the officer is frisking for weapons. While frisking, if the officer
feels what he believes to be drugs it must be immediately apparent that what he is
feeling is drug and he must have probable cause to grab the drugs. - ANSWERSWhen
during a stop and frisk can the officer reach into a pock to grab drugs?
Nope, Dave and Dena are private citizens and your 4th amendment right from unlawful
search and seizures only accounts for government action (e.g. police and/or individuals
acting on behest of the police) - ANSWERSDave and Dena, your nosy next door
neighbors, go searching in your home and find your massive pile of cocaine on your
dining room table and bring that information to the police. Can you argue violation of the
4th amendment right from unlawful search and seizures?
The Exclusionary Rule - ANSWERSUnder what rule can evidence obtained in violation
of the constitution be generally excluded form the defendants criminal trial?
When the police intrude into an area in which:
a. the defendant exhibited an actual, subjective expectation of privacy; and
b. society is prepared to recognize that expectation as reasonable. - ANSWERSWhat is
a "search" under the 4th amendment?
True - ANSWERST/F: When the police electronically listen to and record an individual's
phone call it violates the privacy upon which he justifiably relied and constitutes a
"search and seizure" within the meaning of the 4th amendment.
No, Criminal Chris has no justifiable and constitutionally protected expectation that a
person with whom he is conversing will not then or later reveal the conversation to the
police. - ANSWERSIf Bartender Bob is a wired informant for the police and Criminal
Chris decides to tell Bob all about his criminal activity. Can the act of a wired informant
be considered a search?
No, because an individual does not generally expect the numbers he dials to remain
secret, nor is it reasonable to expect privacy in information voluntarily disclosed to a
third-party telephone company whose equipment completes the call. - ANSWERSIs the
use of a Pen Register considered a search?
