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What level of proof must be established to obtain a warrant?
probable cause
According to the Fourth Amendment, what remedy exists should a person’s Fourth Amendment rights be violated?
The amendment does not address this issue
Which of the following would not be considered a “house” as interpreted by the Fourth Amendment?
a restaurant dining room
In old England, general warrants were used to search _____.
any place for any reason at any time
In old England, writs of assistance were used to compel citizens to _____.
assist in a search
The Fourth Amendment prohibits _____ searches without a warrant.
“unreasonable”
The majority decision in Olmstead v. United States held the wiretapping constitutional because _____.
the officers did not physically intrude into the home
Overturning the old standard, the U.S. Supreme Court adopted which new Fourth Amendment test in Katz v. United States?
Expectation of privacy test
In which of the following situations does a person have a reasonable expectation of privacy?
Holding a conversation with an actual friend in a rented apartment
To exercise the plain view doctrine and seize an item, an officer must have probable cause to believe that the plainly observed object is evidence of criminal activity and _____.
be lawfully positioned
An officer stops a car for speeding. After approaching the vehicle, he detects the distinct scent of marijuana. He notices a baggy that appears to contain marijuana on thedashboard. Can he seize the bag?
Yes, the officer has probable cause to believe the bag contains contraband.
For an officer to seize an item via the plain view doctrine, it must be _____ that the object is evidence of criminality.
“immediately apparent”
Which of the following is not a feature that distinguishes curtilage from open fields?
access
Which of the following may a law enforcement officer enter without probable cause or a search warrant?
An unoccupied dressing room at a department store
On what do judges rely when determining whether an item has been legally “abandoned”?
The totality of the circumstances
According to California v. Greenwood, can police officers look through garbage left on the curb for pickup?
Yes, if it is outside the curtilage, it has been abandoned.
The level of the burden that must be satisfied to justify a stop depends on the _____.
level of interference with the individual’s freedom
On what do judges rely to determine whether a stop of a citizen constitutes a seizure?
The totality of the circumstances
The two-component test for a Fourth Amendment expectation of privacy is which of the following?
Both subjective and objective
If a search or seizure is determined to be unlawful, which of the following is the most likely result?
Any evidence seized would be inadmissible as fruits of the illegal seizure.
When determining what is the level of proof necessary for some action (e.g., probable cause, reasonable suspicion), which of the following are the two opposing factors that must be balanced against one another?
An officer’s ability to prevent crime and the intrusion on citizen privacy
The U.S. Supreme Court justified the use of a stop and frisk by stating that requiring an officer to wait until he/she developed probable cause would _____.
place society at risk of harm
When determining the reasonableness of a Terry stop, the facts must be judged in accordance to what a reasonable person would have believed. This is known as _____.
the objective standard
Which of the following is not one of the critical considerations of the test established by the U.S. Supreme Court to determine the veracity of the information provided by an informant?
Severity of the crime being reported
The key element that differentiates a Terry stop from an arrest is _____.
the duration of the stop
How far can a suspect be involuntarily moved during a Terry stop before it becomes an arrest?
only a few feet
Which of the following examples would be considered an unacceptable detention for a Terry stop?
A traffic officer makes a suspect wait 3 hours in his vehicle for a drug dog.
Although not backed by U.S. Supreme Court rule and not to be considered a bright line rule, the Model Penal Code of Pre-Arraignment Procedure places a _____ time limit on Terry stops.
20-minute
What is a hearsay report?
Information that is obtained in a secondhand fashion as opposed to through direct observation
What level of proof is needed to establish that a suspect consented to a voluntary search?
Preponderance of the evidence
If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a “search incident to citation” just as a search incident to arrest.
false
The U.S. Supreme Court has ruled that officers are required to inform individuals of their rights to refuse to consent to a search.
false
A suspect must be in a mental state of competence for permission to search to be considered voluntary.
true
Officers are allowed to falsely claim possession of a warrant to obtain voluntary permission to search.
false
An individual consenting to a search is allowed to limit where and for what an officer may search.
true
A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search?
No, consent must be unequivocal and specific.
Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs?
On the suspect’s person and in the bag in the trunk
What standard of proof is required for police to search an automobile using the automobile exception?
probable cause
Which of the following searches should be considered constitutional?
A wife consents to search of her and her husband’s entire home, even though he is not present; police search the entire home
Two roommates share an apartment, sharing all rooms except their separate bedrooms. Which of the following rooms can one roommate grant consent to a search?
all of the above (living room, kitchen, bathroom)
Which of the following searches incident to arrest is most likely to be ruled unconstitutional?
An officer arrests a suspect who was driving his car and searches the trunk of the car.
Which of the following is not a standard detail given in a warrant application to fulfill the particularity requirement?
The method of searching to be used
The procedural rule requiring officers to announce their presence before entering a home is known as the _____ rule.
knock-and-announce
An innocent suspect who accepts the police’s version of the facts and comes to believe he has committed the crime can be categorized as a/an _____.
internalized false confessor
An innocent suspect who confesses out of a desire for publicity can be categorized as a/an _____.
voluntary false confessor
Which of the following amendments to the U.S. Constitution is not used by the Court to ensure that confessions result from fair and constitutional procedures?
ninth
The U.S. operates under a/an _____ system of criminal procedure, in which the prosecutor must establish guilt and the defendant cannot be compelled to testify against him/herself.
Accusatorial
A declaration in which an individual provides a fact that tends to establish his/her guilt is known as a/an _____.
admission
Ashcraft v. Tennessee extended the protections afforded by the Due Process Clause to include _____.
psychological coercion
If a suspect makes a confession that results from drugs administered from the police that overpower the subject’s rational intellect and free will, the confession is said to be _____.
involuntary
Escobedo v. Illinois extended the Sixth Amendment right to a lawyer to _____
the period prior to indictment
The Sixth Amendment right against self-incrimination applies to _____.
communicative evidence
In Miranda v. Arizona, the Court held that absent the three-part warning of rights, any police interrogation is “_____”.
inherently coercive
In order to invoke the right to silence, a suspect must convey this to the officers _____.
in a “clear and unambiguous” manner
By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?
Preponderance of the evidence
When police interrogate a suspect using the “question first and warn later” technique, which statements are admissible at trial?
The statement after the warning is admissible, if the suspect understands that the initial statements are not.
Once a suspect has invoked his/her Miranda rights, police may continue questioning the suspect _____.
if the suspect initiates contact with the police
Which of the following factors may contribute to creating the danger of a false confession?
All of the above (police bias, age and intelligence, lengthy interrogations)
Which of the following is not a constitutional limitation on police interrogations?
Second Amendment right to bear arms
Ricco was recently arrested and interrogated by the police. He had been in custody for a lengthy period of time and, as a heroin addict, had begun to experience withdrawal. A doctor at the station was able to inject him with a mixture of substances to help ease his symptoms. Ricco promptly confessed. It was later discovered that the substance injected often has truth-telling properties. May there be a problem with Ricco’s confession?
Yes, the confession was likely not voluntary and only occurred as a result of the injection.
All of the following are terms that are typically used synonymously with white-collar crime EXCEPT ______.
street crime
Corporate crime causes at least ______ times more deaths than do traditional street crimes.
seven
The ______ is generally considered to be one of the most important periods in history in terms of progress, but resulted in an increase in environmental crimes.
industrial revolution
The EPA estimates that there are about ______ deaths each year in the United States as a direct result of toxic particles emitted from manufacturing plants.
60,000
All of the following are considered physical costs of white-collar crime EXCEPT ______.
price fixing
Labor violations include all of the following EXCEPT ______.
dumping pollution in restricted area
The President’s Commission on Law Enforcement and the Administration of Justice found that ______ was the largest source of revenue for organized crime.
gambling
All of the following are criminal penalties for Racketeer Influenced and Corrupt Organizations (RICO) violations EXCEPT ______.
restitution payments of no more than $25,000
The ______ was formed in 1929 and found that organized criminal activity flourished around bootlegging operations.
Wickersham Commission
______ are involved in writing programs to protect systems and networks from being illegally and maliciously accessed.
white hat hackers
All of the following are considered one of the four (4) common categories of users of Internet child pornography EXCEPT ______.
individuals who are not impulsive or curious
______ refers to stealing a victim’s credit card information and subsequently using the information to purchase items, especially electronics.
carding
The ______ was charged with three (3) responsibilities that focused on whether organized crime used services of interstate commerce to engage in illegal activities and identifying the persons, firms, or corporations involved in such activities.
Kefauver Committee
What type of offense has the following criteria? (1) upper-class offender, (2) work- related violations, (3) work-related violations of blue-collar workers excluded, and (4) regular crimes committed by upper-class persons excluded.
white-collar crime
What is the name of the organization that was created in 1970 and put in charge of protecting human health and safeguarding the natural environment?
The Environmental Protection Agency
Which statement is false?
Of the cases OSHA pursued criminally, most of them resulted in prison time.
Which factor is not one of Abadinsky’s factors of organized crime?
It has no rules or regulations.
What is the name of the notorious Democratic political machine in New York City from the 1790s through the 1960s that had major influence in city and state politics?
Tammany Hall
What event occurred in 1919 that gave rise to a multitude of opportunities for criminals such as Al Capone?
The 18th Amendment, which outlawed alcohol
Which industry arose in Nevada after the Great Depression and attracted people like Bugsy Siegel?
gambling
Which criminal organization rose to prominence in the 1860s and required members to take an oath of loyalty, adhere to a code of silence, and resembled an extended social family?
the Mafia
The Hells Angels, the Outlaws, the Bandidos, Vagos, Warlocks, and the Pagans are examples of ______.
OMGs
OMGs frequently refer to themselves as ______.
one percenters
What is not one of Maltz’s characteristics associated with organized crime groups?
lack of discipline
Cybercrime consists of at least three features: The act was committed using (1) a computer, (2) a “victim” computer, and (3) ______.
an intermediary network
Which type of hackers have a limited technical ability and surf the Internet for hacker utility programs and then launch the programs at a target computer system?
script kiddies
The Federal Bureau of Investigation, through ______, has been proactively investigating pedophiles for years.
Operation Innocent Images