Test bank for criminal procedure for the criminal justice professional 11th edition john n ferdico h

Test Bank for Criminal Procedure for the Criminal Justice Professional, 11th Edition, John N

Test Bank for Criminal Procedure for the Criminal Justice Professional, 11th Edition, John N. Ferdico, Henry F. Fradella, Christopher Totten To download the complete and accurate content document, go to: https://testbankbell.com/download/test-bank-for-criminal-procedure-for-the-criminal-ju stice-professional-11th-edition-john-n-ferdico-henry-f-fradella-christopher-totten/

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TEST BANK Multiple Choice 1.

A formal arrest occurs when a person is a. detained, however briefly, for any reason. b. taken into custody to answer for a criminal charge. c. stopped and frisked. d. booked.

ANS: B

2.

REF: 234-236

LO: 2

What basic element distinguishes formal arrest from seizure tantamount to arrest? a. Officer’s intent b. Suspect’s belief c. Miranda d. Custody ANS: A

4.

LO: 1

A seizure tantamount to arrest occurs when a person is a. detained, however briefly, for any reason. b. asked to appear at the station for questioning. c. under the impression that they are under arrest. d. involuntarily taken to the police station for questioning.

ANS: D

3.

REF: 232

REF: 234-236

LO: 2

A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and flashlight. The officer briefly detains the person to ask a few questions to determine what the individual is doing. This is a. a formal arrest. b. a stop. c. an informal arrest. d. a seizure tantamount to arrest.

ANS: B

REF: 233-236

LO: 2

141

Test Bank 5.

Limited searches that are incident to detention: a. constitute a seizure under the 4th Amendment and are permissible when the seizure is temporary, the resulting search was limited, the evidence obtained was destructible, and the police had probable cause to arrest. b. do not constitute a seizure, but nonetheless are constitutionally permissible. c. constitute a seizure and are always constitutionally permissible. d. are never constitutionally permissible.

ANS: A

6.

REF: 283-286

LO: 11

A person is “picked up for questioning” by the police and taken to the police station interrogation room where he/she is given Miranda warnings and questioned. He/she was never told “You’re under arrest”. This is a. a formal arrest. b. a seizure tantamount to arrest. c. a Terry stop. d. an investigative stop.

ANS: B

8.

LO: 16

Officers enter the home of a man and place him under arrest. The man was located and arrested in his living room area. Law enforcement officers then conducted a protective sweep of all of the upstairs area, basement, and garage areas to ensure no one else was in the home that could harm the officers. a. This full protective sweep is justified absent either probable cause or reasonable suspicion. b. This full sweep is only justified if there is probable cause to believe accomplices are present that could harm the officers. c. This full sweep is only justified if there is reasonable suspicion to believe accomplices are present that could harm the officers. d. This full sweep is only justified if there is clear and convincing evidence to believe accomplices are present that could harm the officers.

ANS: C

7.

REF: 282-283

REF: 234-236

LO: 2

The most significant personal advantage to an officer who makes an arrest with a valid warrant over making that arrest without a warrant is that a. the officer is not civilly liable for false arrest if the arrest was in fact unjustified. b. the officer is not responsible for the degree of force used to make the arrest. c. the officer is not likely to arrest the wrong person. d. the officer is able to arrest outside his venue.

ANS: A

REF: 236

LO: 3

142

Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps 9.

Which of the following is not generally impacted by an illegal arrest? a. direct evidence b. a confession c. jurisdiction to try a person for a crime d. physical/real evidence ANS: C

10.

REF: 266-268

LO: 12

For an officer to make a warrantless arrest for a misdemeanor a. the officer must have a warrant. b. the offense must have been committed in the officer’s presence. c. the offense must in fact have been committed and involve a breach of the peace. d. the officer need only probable cause that the offense was committed.

ANS: B

12.

LO: 8

For a search incident arrest to be constitutionally valid, the search must be contemporaneous to the arrest. This generally means: a. the search must be conducted at the exact time that the arrest occurs. b. the search is conducted at the same time, or shortly thereafter, the point at which probable cause to arrest develops. c. the search is conducted at the same time, or shortly thereafter, the point at which reasonable suspicion to arrest develops. d. the search must be conducted at the exact time and location that the arrest occurs.

ANS: B

11.

REF: 262-263

REF: 238-241

LO: 4

For an officer to make a warrantless arrest for a felony a. the officer must have a separate witness. b. the offense must have been committed in the officer’s presence. c. the officer must have probable cause that the offense was committed in his presence. d. the officer must have probable cause that the offense was committed.

ANS: D

REF: 238-241

LO: 4

143

Test Bank 13.

A summons can be served a. only by handing it to the person named. b. by handing it to the person named or by leaving it at their dwelling. c. by handing it to the person named, leaving it at their dwelling, or by leaving it with a responsible person at the defendant’s dwelling. d. by handing it to the person named, leaving it at their dwelling, leaving it with a responsible person at the defendant’s dwelling, or by mailing it to their dwelling.

ANS: D

14.

LO: 4

REF: 242

LO: 5

The modern fresh pursuit doctrine allows an officer to pursue and arrest outside his jurisdiction a. for all offenses, felonies, misdemeanors and violations. b. for felonies. c. for felonies and misdemeanors. d. for felonies and breaches of the peace.

ANS: C

17.

REF: 241-242

A county sheriff’s deputy in hot pursuit outside his county has a. the same authority to arrest as an ordinary citizen. b. the same authority to arrest as within his county if he is on duty. c. the same authority to arrest as within his county even if he is off duty. d. the same authority to arrest as a bondsman.

ANS: A

16.

LO: 3

A private citizen may arrest a person for misdemeanors a. if the citizen has probable cause to believe the person committed the misdemeanor. b. if the citizen observed the person commit the offense. c. if the citizen observed the person commit the offense and it was a breach of the peace. d. only if directed by a police officer.

ANS: B

15.

REF: 237

REF: 249-250

LO: 5

In Tennessee v. Garner (1985), the Supreme Court decided that the common law fleeing felon rule violated the a. First Amendment. b. Fourth Amendment. c. Fifth Amendment. d. Eighth Amendment.

ANS: B

REF: 253-257

LO: 6 144

Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps 18.

Modern definitions of the crime of resisting arrest usually requires: a. shooting, striking, pushing, or some other form of active opposition. b. only lack of cooperation by the suspect. c. a substantial risk to the safety of someone other than the arresting officer. d. testimony of at least one non law enforcement witness.

ANS: A

19.

REF: 263-264

LO: 10

A police officer informs a citizen that the officer has enough evidence to arrest.

The officer asks the suspect to “turn around so I can handcuff you – you are under arrest.” At this point, the suspect runs from the officer. At the point that the suspect fled: a. the suspect was formally under arrest. b. the suspect had been detained in a way that was tantamount to an arrest. c. the suspect was not formally under arrest. d. the suspect could be charged with the crime of assaulting an officer.

ANS: C

21.

LO: 15

In Chimel v. California, the Court ruled that an officer a. may search the person arrested and the area into which he could reach for a weapon without additional justification. b. needs additional articulable suspicion that the arrestee is armed in order to search the arrestee for weapons. c. needs additional reasonable suspicion to search the area into which an arrestee could reach for a weapon. d. may without additional justification search the person arrested, but a search of any other area requires additional justification.

ANS: A

20.

REF: 251

REF: 232-234

LO: 12

A police officer has made a custodial arrest of a person for a traffic offense. The officer may search the a. arrestee only for evidence of the offense. b. arrestee only for weapons and evidence of the offense. c. arrestee’s clothing but nothing the arrestee is carrying. d. arrestee’s clothing, wallet and anything in the arrestee’s pockets.

ANS: D

REF: 272-273

LO: 7

145

Test Bank 22.

Based on Chimel v. California, the key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person is: a. Is the container closely associated with the arrestee’s person? b. Is the container still in the arrestee’s immediate control? c. Is the container owned by the arrestee? d. Is the container both closely associated with the arrestee’s person and still in the arrestee’s immediate control?

ANS: D

23.

REF: 277-280

LO: 13

A police officer has arrested a man for assault. The arrestee is carrying a backpack. During an immediate search of the person incident to the arrest a. the officer may search the backpack only with a warrant. b. the officer may search the backpack without a warrant but only if the officer has additional justification that the backpack contains a weapon. c. The officer may search the backpack without a warrant or additional justification. d. The officer may not search the backpack.

ANS: C

25.

LO: 10

The Gant v. Arizona (2009) case limited police ability to search a vehicle incident to arrest to situations: a. involving an arrest for a violent crime. b. where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there is reason to believe the vehicle is not owned by the arrestee/occupant. c. where there could be evidence of the crime in the vehicle or there is reason to believe the vehicle may be moved if not searched immediately. d. where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there could be evidence in the vehicle of the crime for which the person was arrested.

ANS: D

24.

REF: 273-275

REF: 272-274

LO: 7

A police officer has arrested a man for unlawful possession of narcotics. The arrestee is carrying a suitcase. The officer removes the suitcase from the arrestee’s possession and transports the arrestee and the suitcase to the police station. An hour later, after booking the arrestee a. the officer may search the suitcase only with a warrant. b. the officer may search the suitcase without a warrant as incident to the arrest. c. the officer may search the suitcase without a warrant only if there is additional justification that it contains narcotics. d. the officer may never search the suitcase.

ANS: A

REF: 274-275

LO: 13 146

Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps 26.

A police officer has informed a man seated at a desk in his home that he is under arrest. The desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locked. As incident to the arrest, the officer may search the man a. but not the desk. b. and the top of the desk in plain sight but not the drawers of the desk. c. the desk top and the unlocked drawers of the desk. d. the desk top and all the drawers of the desk.

ANS: C

27.

REF: 277-280

LO: 13

An officer arrests the driver of a vehicle, handcuffs the driver, and places him/her in the backseat of the police car. The arrest is for a crime in which no evidence of the alleged offense could be located in the driver’s vehicle. The officer a. may apply Belton and search the entire car. b. may apply Belton and Carroll and search the entire car. c. may apply Belton and search the passenger compartment of the car. d. may not search the car; the Gant decision prevents the search of the car.

ANS: D

29.

LO: 13

A police officer has arrested a woman in her car for driving while intoxicated.

Incident to the arrest: a. the officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee. b. the officer may search the passenger compartment of the car and any open containers therein but not the closed containers. c. the officer may search the passenger compartment of the car but none of the containers without a warrant. d. the officer may not search in the car.

ANS: A

28.

REF: 263-264

REF: 277-280

LO: 13

If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises to search for an accomplice a. without further justification. b. with articulable facts on which to base reasonable suspicion that others may be present. c. with probable cause that others may be present. d. never.

ANS: B

REF: 284-286

LO: 11

147

Test Bank 30.

Which of the following is a true statement about searches of a companion of an arrested person? a. All courts allow an immediate frisk for weapons of the arrestee’s companions without any further justification. b. Some courts follow the automatic companion rule, whereas other states require reasonable suspicion that the companion is armed and dangerous. c. Some courts follow the automatic companion rule, whereas other states require probable cause that the companion is armed and dangerous. d. States that require a level of suspicion justifying a search of a companion have established a precise test for establishing suspicion.

ANS: B

REF: 280-281

LO: 14

True/False 1.

The police may, in some situations, delay a search incident to arrest.

ANS: T

2.

REF: 277-280

LO: 13

REF: 273-274

LO: 10

The U.S. Supreme Court case Gant v. Arizona (2009) overruled a long-standing legal principle that was established earlier in New York v. Belton (1981).

ANS: T

6.

LO: 13

Officers may not deliberately move an arrested person near an object or place they want to search in order to activate the incident-to-arrest exception.

ANS: T

5.

REF: 263-264

In general, the search of an arrestee’s vehicle located a substantial distance from the doorstep of his home where he was arrested could not be justified as a search incident to arrest.

ANS: T

4.

LO: 10

During a search incident to arrest, officers may not search for weapons unless they can point to specific facts and circumstances indicating the likelihood that the person was armed and dangerous.

ANS: F

3.

REF: 266-267

REF: 277-280

LO: 14

For minor crimes unlikely to involve the use of weapons or destructible evidence, officers are permitted to conduct a full search of the person incident to the arrest.

ANS: T

REF: 265

LO: 10 148

Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps 7.

For an item to be validly seized during a search incident to arrest, the police must have probable cause to seize the item, but they do not need to immediately recognize the item’s evidentiary value.

ANS: F

8.

REF: 264-265

LO: 10

In the majority of states, arrest warrants are required for misdemeanors that do not occur in the officer’s presence.

ANS: T

10.

LO: 13

The issuance of a traffic citation alone is not a lawful custodial arrest sufficient to justify a search incident to arrest.

ANS: T

9.

REF: 265

REF: 238-241

LO: 4

In general, if a police officer makes a warrantless arrest for a felony based on probable cause and it turns out that the arrestee did not commit the suspected offense, the officer is not civilly liable, provided no negligence was involved in making the arrest.

ANS: T

REF: 242

LO: 4

Fill-in-the-blank 1.

An officer has made an investigative stop based on reasonable suspicion. The officer has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved her original suspicions. This would be considered a seizure _____________________.

ANS: tantamount to an arrest

2.

LO: 2

The courts have ruled that a(n) _____ may occur without any physical touching if the officer makes a show of authority and the person to be detained submits to this authority.

ANS: arrest

3.

REF: 234-236

REF: 233

LO: 2

A(n) __________ is the routine practice of police departments of securing and recording the contents of a lawfully impounded vehicle. This is done to protect the vehicle owner’s property while it remains in custody, and to protect the police from potential danger and from claims or disputes over lost or stolen property.

ANS: inventory search

REF: 261-262

149

LO: 13

Test Bank 4.

A(n) ____________ is a court order demanding someone to appear in court to respond to charges.

ANS: summons

5.

LO: 3

Prior to Chimel v. California, the police were allowed a ___________ scope in searches incident to arrest.

ANS: much broader

6.

REF: 237

REF: 263-264

LO: 10

In ___________ the court ruled that forcibly pumping a suspect’s stomach by the police was conduct that shocks the conscious, whereas, in ____________ the Court held that the practice of drawing blood from a person arrested for drunk driving by a physician in a hospital environment according to accepted medical practices, was constitutionally permissible.

ANS: Rochin v. California; Schmerber v. California REF: 271-272

7.

In a protective sweep, police are looking for _______.

ANS: people

8.

LO: 11

REF: 263-264

LO: 10

In _______________, the Supreme Court clearly stated that an officer’s ulterior motives do not invalidate the officer’s conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.

ANS: Whren v. United States

10.

REF: 283-286

A search incident to arrest is authorized by ____________.

ANS: the Chimel rule

9.

LO: 13

REF: 276

LO: 13

Generally speaking, a search is said to be ___________ with an arrest if the search is at the same time that probable cause to arrest develops or is conducted shortly thereafter.

ANS: contemporaneous

REF: 266-268

LO: 12

Essay 1.

Define the elements of a formal arrest. Explain how the concept of tantamount to an arrest differs from a formal arrest.

ANS: Answers will vary.

REF: 232-236

150

LO: 1

Test Bank for Criminal Procedure for the Criminal Justice Professional, 11th Edition, John N

Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps 2.

Define fresh pursuit and a hot pursuit.

ANS: Answers will vary.

3.

LO: 6

REF: 277-280

LO:10 and 13

REF: 268-275

LO: 13

REF: Chapter 7

LO: 10

Explain when and why law enforcement officers can search containers, and cite at least one court case pertaining to same.

ANS: Answers will vary.

10.

REF: 250-260

Why are exceptions to the warrant requirement sometimes allowed?

ANS: Answers will vary.

9.

LO: Chapter 7

Under what circumstances can law enforcement perform a full search of an arrestee’s body?

ANS: Answers will vary.

8.

REF: 246

Explain what is meant when the courts have ruled that the police may search within the immediate control of an individual. With respect to search incident to arrest of a suspect who has just exited a motor vehicle, explain the New York v.

Belton (1981) ruling and how the decision in Arizona v. Gant (2009) altered the law established by the Belton case.

ANS: Answers will vary.

7.

LO: 4

According to the courts, what is meant by excessive force used by a police officer? How have the courts defined when force used by the police is excessive?

ANS: Answers will vary.

6.

REF: 238-241

Define and give an example of an exigent circumstance.

ANS: Answers will vary.

5.

LO: 5

Define the difference between a misdemeanor and a felony. What is meant by warrantless arrest authority?

ANS: Answers will vary.

4.

REF: 249-250

REF: 275

LO: 13

Describe the amount of force that law enforcement officers may use when searching a person. In what way(s) is the common law definition of resisting arrest different from the modern definition?

ANS: Answers will vary.

REF: 281-282

LO: 15

151

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