Test Bank for Criminal Investigation: Basic Perspectives, 13th Edition

Chapter 2 Test Questions Multiple Choice 1. _____ exists when enough facts lead a reasonable and prudent person to believe that a fair probability of criminal activity exists. a. Reasonable suspicion b. Probable cause c. Exigent circumstances d. Contingent cause Answer: b Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 16 Level: Basic 2. Which constitutional amendment provides the citizens of the United States protections against unreasonable searches and seizures? a. First Amendment b. Second Amendment c. Third Amendment d. Fourth Amendment Answer: d Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 16 Level: Intermediate 3. A person can waive constitutionally provided protections against unreasonable searches and seizures and allow an investigator to search home, person, and property. Such a search is known as: _____. a. consent search b. plain view search c. stop and frisk d. search incident to an arrest Answer: a Objective: Recognize that a person may waive the search warrant requirements by consenting to a search. Page number: 18 Level: Intermediate 4. The U.S. Supreme Court has held that a police officer may temporarily detain a person for questioning if the officer has reasonable suspicion that criminal activity may be involved. The person may also be patted down for weapons. This police action is known as: _____. a. consent search b. plain view search c. stop and frisk d. search incident to an arrest Answer: c Objective: Explain the concept of “stop and frisk” and the justifications for taking this action. Page number: 18 Level: Basic 5. This doctrine permits investigators to observe and seize evidence without a warrant if the officer is lawfully in a position from which an object and the incriminating character of the object are immediately apparent. This exception to the search warrant requirement is known as: _____. a. consent search b. plain view search c. stop and frisk d. search incident to an arrest Answer: b Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the “plain view” exception. Page number: 19 Level: Intermediate 6. Investigators who have established probable cause that evidence is likely to be at a certain place may make a warrantless entry into the premises if what type of conditions exist? a. exclusionary b. inclusionary c. exigent d. conclusively Answer: c Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Basic 7. The method the courts use to uphold the constitutional protections against unreasonable searches and seizures, as well as to control the investigator’s actions and prevent illegally obtained evidence from being used at trial, is known as the: _____. a. exclusionary rule b. inclusionary rule c. emergency rule d. conclusively rule Answer: a Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Intermediate 8. In the interest of public safety, vehicles are frequently taken into police custody, such as when reported stolen or when used in the commission of a crime. These vehicles may be examined, inside and out, and any evidence of a crime may be lawfully seized under which theory of law? a. search incident to arrest b. motor vehicle exception c. procedural search d. inventory procedure Answer: d Objective: Discuss the justification for the motor vehicle exception to the search warrant requirement. Page number: 21 Level: Basic 9. When a wanted fugitive is apprehended in another state, the fugitive has a right to a legal hearing in which the prosecution must demonstrate the probable cause for the return of the fugitive to the state where the crime occurred. These proceedings are known as: a. extraditions b. extrajudicials c. extrajurisdictionals d. exculpatory Answer: a Objective: Define the conditions under which additional items of evidence may be gathered at the time of an arrest of a suspect. Page number: 28 Level: Basic 10. The decision to charge a suspect with a crime is the duty of which person in the criminal justice system? a. judge b. investigator c. prosecutor d. defense counsel Answer: c Objective: Explain who in the criminal justice system is responsible for making the decision to charge a suspect with a crime and what steps are involved in making this decision. Page number: 31 Level: Basic 11. An investigation is successful when a. no valid exists to close the case. b. the crime under investigation is promptly solved and the case is closed. c. no arrest is made. d. the case becomes inactive. Answer: b Objective: Discuss the various reasons an investigation may be closed without making an arrest. Page number: 32 Level: Intermediate 12. This indicates the area in which a search is justified. a. venue b. curtilage c. immediate control d. consent search Answer: c Objective: Define the conditions under which additional items of evidence may be gathered at the time of an arrest of a suspect. Page number: 28 Level: Basic 13. A broadcast alarm alerts officers in the field of the pursuit of a suspect of a crime and emphasizes the distinctive identifying characteristics of the person, vehicle, or a. company violated. b. agency used. c. victim involved. d. property wanted. Answer: d Objective: Discuss how broadcast alarms, records inquiries, and wanted notices are used to locate suspects. Page number: 23 Level: Intermediate 14. The procedure of obtaining an arrest warrant a. is similar to the procedure for obtaining a search warrant. b. is completely different than obtaining a search warrant. c. does not involve a judge or magistrate. d. is very lenient and no details are needed. Answer: a Objective: Define the guidelines used for the application for an arrest warrant. Page number: 23 Level: Difficult 15. Which police encounter is the least intrusive? a. arrest b. stop and frisk c. investigative detention d. voluntary or consensual stop Answer: d Objective: Contrast the legal justification for a detention versus an arrest. Page number: 22 Level: Basic 16. Open fields are not protected by the Fourth Amendment, the exception would be a. curtilage b. undeveloped areas c. unoccupied areas d. forests Answer: a Objective: Explain what are considered to be “open fields” and whether these areas are protected by the Fourth Amendment. Page number: 21 Level: Basic 17. The scope of a warrantless search incident to a lawful arrest includes: a. the person of the arrestee b. the wallet or purse immediately associated with the arrestee c. the area the arrestee could reach at the time of the arrest d. all of the above Answer: d Objective: Discuss the scope of search incident to a lawful arrest. Page number: 20 Level: Intermediate 18. Officers responding to emergency situations a. has absolute right to not pursue the suspect. b. can’t use a stop and frisk detention. c. can utilize the plain view exception and seize evidence. d. can’t utilize the plain view exception. Answer: c Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the plain view exception. Page number: 19 Level: Difficult 19. Which of the following is not one of the four purposes of a modern wanted notice for a fugitive? a. Provide identifying characteristics b. alert officers to the nature and character of the future c. suggest activities and areas in which a search might be conducted d. to let the fugitive know what law enforcement knows about them Answer: d Objective: Discuss how broadcast alarms, records inquiries, and wanted notices are used to locate suspects. Page number: 27-28 Level: Difficult 20. Which of the following is known as the body of the crime? a. venue b. mens rea c. negative evidence d. corpus delicti Answer: d Objective: Define the conditions under which additional items of evidence may be gathered at the time of an arrest of a suspect. Page number: 30 Level: Basic True or False 1. The Fifth Amendment to the U.S. Constitution protects against unreasonable search and seizure. a. True b. False Answer: b Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 16 Level: Basic 2. In emergency situations an investigator can obtain a search warrant by telephone. a. True b. False Answer: a Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 18 Level: Intermediate 3. Search warrants must be executed within a prescribed period of time, usually within 10 days. a. True b. False Answer: a Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 18 Level: Basic 4. The restrictions regarding unreasonable search and seizure apply to private persons as well as the police. a. True b. False Answer: b Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 18 Level: Intermediate 5. A person has an absolute right to refuse to consent to a search by the police and can revoke consent at any time. a. True b. False Answer: a Objective: Recognize that a person may waive the search warrant requirements by consenting to a search. Page number: 18 Level: Intermediate 6. An investigator must have probable cause to conduct a stop-and-frisk detention and search. a. True b. False Answer: b Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 18 Level: Basic 7. Officers responding to an emergency situation, such as a shooting within a residence, may seize items of evidence in the residence that are in plain view. a. True b. False Answer: a Objective: Explain the concept of “stop and frisk” and the justifications for taking this action. Page number: 21 Level: Basic 8. Officers who are lawfully in a residence due to hot pursuit of a fleeing suspect may search the entire residence for items of evidence. a. True b. False Answer: b Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the plain view exception. Page number: 20 Level: Intermediate 9. Officers who are lawfully in a residence due to hot pursuit of a fleeing suspect may search the entire residence for other persons who may pose a threat to the officers. a. True b. False Answer: a Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the plain view exception. Page number: 20 Level: Intermediate 10. An extension of the exclusionary rule is known as the “fruit of the poisonous tree doctrine.” a. True b. False Answer: a Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 24 Level: Basic 11. The U.S. Supreme Court has recognized that police officers have the authority to conduct a warrantless search incident to a lawful arrest. a. True b. False Answer: a Objective: Discuss the scope of search incident to a lawful arrest. Page number: 20 Level: Basic 12. The U.S. Supreme Court has created an exception to the warrant requirement for motor vehicles due to the fact that everyone has a car. a. True b. False Answer: b Objective: Discuss the justification for the motor vehicle exception to the search warrant requirement. Page number: 20 Level: Intermediate 13. The concept of open fields and cartilage are the same under the eyes of the U.S. Supreme court and both are protected by the Fourth Amendment. a. True b. False Answer: b Objective: Explain what are considered to be “open fields” and whether these areas are protected by the Fourth Amendment. Page number: 21 Level: Intermediate 14. Hot pursuit and the immediate need to protect or preserve life are examples of exigent circumstances. a. True b. False Answer: a Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Basic 15. Arrest and detention are the same thing. a. True b. False Answer: b Objective: Contrast the legal justification for a detention versus an arrest. Page number: 22 Level: Basic Fill-in 1. The connection between a fact offered as evidence and the issue to be proved is known as _____. Answer: relevance Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 16 Level: Intermediate 2. _____ cause exists when enough facts exists that would lead a reasonable and prudent person to believe that criminal activity is fairly probable. Answer: Probable Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 16 Level: Basic 3. A person can voluntarily _____ to the police to search their person, home, and property. Answer: consent Objective: Recognize that a person may waive the search warrant requirements by consenting to a search. Page number: 18 Level: Basic 4. A temporary stop and frisk detention is justified based upon a _____ suspicion that criminal activity is occurring. Answer: reasonable Objective: Recognize that a person may waive the search warrant requirements by consenting to a search. Page number: 18 Level: Intermediate 5. The _____ view exception permits investigators to seize evidence without a warrant if the officer is lawfully in a position to plainly see an incriminating object of evidence. Answer: plain Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the “plain view” exception. Page number: 19 Level: Basic 6. The U.S. Supreme Court has held that _____ fields are not protected by the Fourth Amendment. Answer: open Objective: Explain what are considered to be “open fields” and whether these areas are protected by the Fourth Amendment. Page number: 21 Level: Intermediate 7. A reasonable belief that evidence may be immediately destroyed would justify a search without a warrant based upon _____ circumstances. Answer: emergency Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Intermediate 8. The _____ rule is applied when investigators violated a person’s rights by conducting and unlawful search and seizure. Answer: exclusionary Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Basic 9. The application for a search warrant must be supported by _____ or affirmation. Answer: oath Objective: Define the process for obtaining a search warrant and the information required in the warrant application. Page number: 17 Level: Basic 10. The U.S. Supreme Court created the motor vehicle exception to the warrant requirement due to vehicles’ _____. Answer: mobility Objective: Discuss the justification for the motor vehicle exception to the search warrant requirement Page number: 20 Level: Intermediate Chapter 2: Matching 1. Match the term in Column 1 with the correct description in Column 2. 1. consent search a. area immediately surrounding a dwelling 2. stop and frisk b. investigator swears before the magistrate that the information is true 3. plain view exception c. the prevention of illegally obtained evidence from being admitted 4. curtilage d. temporarily detainment of a person with a pat-down 5. exclusionary rule e. a person voluntarily consenting to the police to search his person, home, or property 6. oath or affirmation f. permits investigators to observe and seize evidence without a warrant if they are in a position to view the evidence Answer: 1. *e 2. *c 3. *f 4.*a 5.*c 6.*b Objective: n/a Page number: 18-22 Level: Intermediate 2. Match the type of plain view exception in Column 1 with the corresponding description in Column 2. 7. Effecting an arrest a. Officers responding to such crimes in progress or crimes of violence, shooting, and stabbings 8. Executing a search warrant b. Officers who are lawfully on the premises in hot pursuit of a dangerous person 9. Pursuing a fleeing suspect c. An officer executing a valid search warrant can legally seize items of evidence 10. Responding to an emergency lying in plain view; even though they were not specifically on the warrant d. An officer may lawfully seize objects that come into view during the lawful execution of an arrest or search incident to arrest Answer: 7. *d 8. *c 9. *b 10. *a Objective: Explain the situations that would place an investigator in a lawful position to view and seize evidence according to the plain view exception. Page number: 19 Level: Intermediate Chapter 2: Essay 1. Not all cases end in an arrest and conviction. Give five different examples of how a case can be closed and indicate if that closure is final or has the potential to be reopened. Answer: Answers will vary, but they can include investigation concludes no crime was committed, offender dies, uncooperative victim, murder/suicide, confession by another offender, unable to gain custody of the offender, prosecuted for another arrest, no suspects can be determined, and lack of information. Objective: Discuss the various reasons an investigation may be closed without making an arrest. Page number: 31-32 Level: Intermediate 2. Explain why the U.S. Supreme Court gave the justification for the motor vehicle exception to the search warrant requirement, and discuss some of the other elements and issues that arose out of this decision. Provide your argument for or against their decision. Answer: A good answer should address that the U.S. Supreme Court rule that automobiles need an exception to the warrant requirement due to their mobility. Other issues that can be addressed are the inclusion of motor homes, houseboats, airplanes, locked containers like trunks and suitcases, and inventory of an impounded vehicle. Opinions regarding the decision for the exception will vary. Objective: Discuss the justification for the motor vehicle exception to the search warrant requirement. Page number: 20-21 Level: Intermediate 3. Describe the purpose and similarities and differences for each a broadcast alarm and wanted notices. Answer: A good answer will describe a broadcast alarm as a radio transmission that alerts officers in the field to a description of a suspect of a crime. Broadcast alarms are done quickly, accurately as possible and are distributed locally. Wanted notices provide full information about the fugitive and areas they are likely to be found. They can be distributed nationally. The purpose of both is to locate the suspect. Objective: Discuss how broadcast alarms, records inquiries, and wanted notices are used to locate suspects. Page number: 22-26 Level: Intermediate Chapter 2: Critical Thinking 1. Write a fictional case in which an exigent or emergency circumstance exits and a warrantless search may be conduct. Explain which exigent circumstance your case follows and why it meets the criteria. Answer: Answers will vary, but the example should be supported by one of the four circumstances provided in the text. The circumstances can include: reasonable belief that the evidence may be immediately destroyed, hot pursuit of a suspect, an immediate need to protect or preserve life, or threat to the safety of the officers. Objective: Appreciate what is meant by the term exigent circumstances and what justification must exist to allow a warrantless entry and search. Page number: 22 Level: Difficult 2. Summarize the steps involved in preparing a case. Answer: A good answer should include making sure the defendant’s identity is correct, the corpus delicti is affirmed, the negative evidence is addressed, and that the process was lawful. Objective: Define the conditions under which additional items of evidence may be gathered at the time of an arrest of a suspect. Page number: 28-31 Level: Basic