Test Bank For Police Operations Theory and Practice 6th Edition by Kären M. Hess

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Test Bank For Police Operations Theory and Practice 6th Edition by Kären M. Hess

CHAPTER 3: OPERATIONAL SKILLS: PERFORMING WITHIN THE LAW

MULTIPLE CHOICE

1.The ____________ Amendment stresses the importance of having an arrest warrant when making an arrest.

a.	First
b.	Fourth
c.	Fifth
d.	Sixth
e.	No amendment specifically refers to the importance of having an arrest warrant

ANS:BPTS:1REF:(p. 84)

OBJ: How officers arrest someone.

2.The balance law enforcement officers must maintain, “freedom to” versus “freedom from,” is analogous to

a.	victims versus criminals.
b.	lawbreakers versus law-abiding citizens.
c.	due process versus crime control.
d.	the First Amendment versus the Fourteenth Amendment.
e.	stop versus frisk.

ANS:CPTS:1REF:(p. 79)

OBJ: What balance between freedom and order police officers must maintain.

3.Guarantees against unlawful searches and seizures and arrests are found in

a.	the police code of ethics.
b.	a department’s policy manual.
c.	amendments to the Constitution.
d.	officers’ general orders.
e.	the Declaration of Independence.

ANS:CPTS:1REF:(p. 79)

OBJ: What two amendments restrict arrests and searches.

4.The three main exceptions to the exclusionary rule include each of the following except

a.	the inevitable discovery doctrine.
b.	good faith.
c.	a valid independent source.
d.	none of the other choices are exceptions.
e.	all of the other choices are exceptions.

ANS:EPTS:1REF:(pp. 115–117)

OBJ: What the exclusionary rule is and its relevance to police operations.

5.Making an arrest is one of the most

a.	difficult decisions to make because of the “gray” area of law.
b.	extreme steps a law officer may make.
c.	dangerous tasks officers perform.
d.	none of the other choices.

ANS: B PTS: 1 REF: (p. 84) OBJ: What constitutes an arrest.

6.The precedent case for the legality of and restrictions on “stop and frisk” is

a.	Miranda v. Arizona.
b.	Tennessee v. Garner.
c.	Chimel v. California.
d.	Mapp v. Ohio.
e.	Terry v. Ohio.

ANS:EPTS:1REF:(p. 107)

OBJ:What a stop-and-frisk situation involves.

7.Except in the case of a Terry stop, an officer’s probable cause to conduct an arrest depends on

a.	what the officer knew before taking action.
b.	what the officer learned while taking action.
c.	what the officer surmised after taking action.
d.	all of the other choices.
e.	none of the other choices.

ANS:APTS:1REF:(p. 85)

OBJ:Why understanding and skill in making legal arrests are critical.

8.A traditional standard against which to measure reasonable police use of force is

a.	whether the suspect poses an immediate threat to the public or officers.
b.	whether the suspect is actively resisting arrest or attempting to flee.
c.	the severity of the crime.
d.	all of the other choices.
e.	none of the other choices.

ANS:DPTS:1REF:(p. 91)

OBJ: What three use-of-force tests are established in Graham v. Connor.

9.“In the presence” refers to

a.	proximity.
b.	within the officer’s senses.
c.	immediacy in time.
d.	all of the other choices.
e.	none of the other choices.

ANS:BPTS:1REF:(p. 85)

OBJ:When officers may arrest someone.

10.A detention without probable cause that is factually indistinguishable from an arrest is known as a _________ arrest.

a.	“hunch”
b.	de facto
c.	Carroll
d.	Miranda
e.	misdemeanor

ANS:BPTS:1REF:(p. 87)

OBJ: How officers arrest someone.

11.The __________ doctrine is an exception allowing officers to search a vehicle without a warrant even if they have the time to get one.

a.	functional equivalent
b.	Carroll
c.	fruit of the poisonous tree
d.	inevitable discovery
e.	good faith

ANS:BPTS:1REF:(p. 108)

OBJ:When a search warrant is not needed.

12.What must an officer have to initiate a legal arrest?

a.	reasonable suspicion
b.	a signed statement from the victim
c.	probable cause
d.	physical proof the suspect committed a crime

ANS:CPTS:1REF:(p. 85)

OBJ:When officers may arrest someone.

13.What police officers know before an arrest is usually considered

a.	not pertinent.
b.	irrelevant.
c.	invalid.
d.	all of the other choices.
e.	none of the other choices.

ANS:EPTS:1REF:(p. 85)

OBJ:Why understanding and skill in making legal arrests are critical.

14.If officers are not aware they are violating someone’s constitutional rights, they are said to be acting

a.	under exigent circumstances.
b.	in exclusive faith.
c.	on due process.
d.	under substantive probable cause.
e.	in good faith.

ANS:EPTS:1REF:(p. 116)

OBJ: When a search can be conducted.

15.Hot pursuit would be an example of a time

a.	when an officer may conduct a high-speed chase.
b.	when an officer may chase a suspect on foot.
c.	where more than one officer is involved.
d.	when an officer may be able to arrest a suspect in his or her home without a warrant.

ANS:DPTS:1REF:(p. 87)

OBJ:When officers may arrest someone.

16.Law dealing with the content of what constitutes crime is known as ___________ law.

a.	procedural
b.	constitutional
c.	substantive
d.	definitive
e.	none of the other choices

ANS:CPTS:1REF:(p. 89)

OBJ: How substantive and procedural criminal law differ.

17.The landmark case that addressed the issue of police use of deadly force was

a.	Miranda v. Arizona.
b.	Terry v. Ohio.
c.	Tennessee v. Garner.
d.	Schmerber v. California.
e.	Mapp v. Ohio.

ANS:CPTS:1REF:(p. 102)

OBJ: How much force can be used in making an arrest.

18.A search may legally be conducted by police if

a.	an arrest has been made.
b.	consent to search is given.
c.	a search warrant has been issued.
d.	any of the other choices.
e.	none of the other choices.

ANS:DPTS:1REF:(p. 105)

OBJ: When a search can be conducted.

19.The use of handcuffs following an arrest

a.	is mandatory.
b.	requires officer discretion.
c.	is seldom necessary.
d.	should be done only if extreme resistance or assaultive behavior is encountered.
e.	should never be done with very young, very old, or physically disabled people.

ANS:BPTS:1REF:(pp. 97–99)

OBJ:If handcuffs should always be used in conjunction with an arrest.

20.Procedural law deals with the __________ of law.

a.	process	c.	history
b.	content	d.	complexity

ANS:APTS:1REF:(p. 89)

OBJ: How substantive and procedural criminal law differ.

21.The right of law enforcement to use force to enter a building to make an arrest is almost ________ years old.

a.	40
b.	100
c.	400
d.	1,000
e.	4,000

ANS:CPTS:1REF:(p. 95)

OBJ: How much force can be used in making an arrest.

22.A criteria used to determine whether deadly force is justified is if the suspect

a.	was a threat to the officer or others.
b.	had committed a property crime.
c.	was wanted on a misdemeanor warrant.
d.	any of the other choices.
e.	none of the other choices.

ANS:APTS:1REF:(p. 93)

OBJ: How much force can be used in making an arrest.

23.The __________ was created as an exception to the exclusionary rule to allow evidence to be admissible when it can be shown the evidence would have been found through lawful means.

a.	fruit of the poisonous tree doctrine
b.	Terry stop
c.	valid independent source
d.	inevitable discovery doctrine
e.	none of the other choices

ANS:DPTS:1REF:(pp. 115–116)

OBJ: What the exclusionary rule is and its relevance to police operations.

24.Minnesota v. Dickerson dealt with the issue of searches and

a.	the automobile exception.
b.	“plain feel” evidence.
c.	thermal imaging.
d.	“plain view” evidence.
e.	third-party consent.

ANS:BPTS:1REF:(p. 83)

OBJ: When a search can be conducted.

25.A rule courts have established whereby they will not accept tainted evidence is known as the _____________ rule.

a.	Bellows
b.	nolo contendere
c.	mere impurity
d.	poor faith
e.	exclusionary

ANS:EPTS:1REF:(p. 115)

OBJ: What the exclusionary rule is and its relevance to police operations.

26.Kyllo v. United States dealt with the issue of searches and

a.	the automobile exception.
b.	“plain feel” evidence.
c.	thermal imaging.
d.	“plain view” evidence.
e.	third-party consent.

ANS:CPTS:1REF:(pp. 111–112)

OBJ: How officers search a person and a building.

27.As a general rule, before officers forcibly break open the doors of a house to arrest someone within, they must

a.	demand admittance and be refused.
b.	identify themselves as police officers.
c.	make known their purpose.
d.	all of the other choices.
e.	none of the other choices.

ANS:DPTS:1REF:(pp. 95–96)

OBJ: How much force can be used in making an arrest.

28.Courts have determined that automobiles may be searched without a warrant even if police have time to get one because such vehicles

a.	can be disabled or towed.
b.	are mobile.
c.	pose a threat to officers.
d.	all of the other choices.
e.	none of the other choices—officers must obtain a warrant to search an automobile.

ANS:BPTS:1REF:(p. 108)

OBJ:When a search warrant is not needed.

29.In _____________________, the Court upheld the right of officers to search through an individual’s garbage that had been placed on the curb.

a.	California v. Greenwood
b.	Katz v. United States
c.	City of Indianapolis v. Edmond
d.	Graham v. Connor
e.	Mapp v. Ohio

ANS:APTS:1REF:(p. 110)

OBJ:When a search warrant is not needed.

30.Which of the following is not a recommended procedure for officers searching a person?

a.	Keep the service weapon as far from the subject as possible.
b.	Be on guard, keeping the subject at arm’s length from the searching officer.
c.	Keep the subject facing toward the searching officer.
d.	Keep the subject under control, preferably off balance.
e.	If more than one suspect is to be searched, all except those currently being searched should be ordered to lie on the ground, facing away from the person being searched.

ANS:CPTS:1REF:(p. 112)

OBJ: When a search can be conducted.

TRUE/FALSE

1.The power of arrest is inherent in the right of society to defend itself.

ANS: T PTS: 1 REF: (p. 88) OBJ: What constitutes an arrest.

2.The fruit of the poisonous tree doctrine is an extention of  the exclusionary rule.

ANS:TPTS:1REF:(p. 115)

OBJ: What the exclusionary rule is and its relevance to police operations.

3.Making mandatory the application of a form of force in all arrests, such as handcuffing, conflicts with the Fourth Amendment’s “objective reasonableness” standard for use of force.

ANS:TPTS:1REF:(p. 97)

OBJ: What two amendments restrict arrests and searches.

4.Probable cause is a less demanding standard than reasonable suspicion.

ANS:FPTS:1REF:(p. 82)

OBJ: When a search can be conducted.

5.A de facto arrest is a detention without probable cause that is factually indistinguishable from an arrest.

ANS:TPTS:1REF:(p. 87)

OBJ: How officers arrest someone.

6.Officers need not know their jurisdiction’s substantive or procedural criminal law because that is the domain of the local prosecutor’s office.

ANS:TPTS:1REF:(p. 89)

OBJ: How substantive and procedural criminal law differ.

7.Regarding searches, Wilson v. Arkansas held that the “knock and announce” requirements are part of the reasonableness inquiry and that officers must knock and announce before they enter.

ANS:TPTS:1REF:(p. 105)

OBJ: How a search conducted with a warrant is limited.

8.If an arrest is made and the suspect does not resist, the officer may still use force because the use-of-force continuum authorizes one level of force higher than the offender is exhibiting.

ANS:TPTS:1REF:(pp. 93–95)

OBJ: How much force can be used in making an arrest.

9.Arrests and searches are restricted by the Fourth Amendment.

ANS:TPTS:1REF:(p. 86)

OBJ: What two amendments restrict arrests and searches.

10.Arrests and searches are restricted by the Eighth Amendment.

ANS:FPTS:1REF:(p. 86)

OBJ: What two amendments restrict arrests and searches.

11.Use of force when making an arrest is rarely an issue.

ANS:FPTS:1REF:(p. 91)

OBJ: How much force can be used in making an arrest.

12.A patdown of a subject’s outer clothing for weapons is not considered a search.

ANS:FPTS:1REF:(p. 83)

OBJ: When a search can be conducted.

13.Briefly detaining a suspicious person for questioning is considered an arrest.

ANS: F PTS: 1 REF: (p. 81) OBJ: What constitutes an arrest.

14.Massachusetts v. Sheppard established that if police were relying on a search warrant that had been approved by a magistrate but later declared invalid, any evidence seized during that search is inadmissible at trial.

ANS:FPTS:1REF:(p. 116)

OBJ: How officers search a person and a building.

15.The Fourth Amendment does not prohibit arrests or searches without a warrant.

ANS:TPTS:1REF:(p. 84)

OBJ: What two amendments restrict arrests and searches.

16.Arrest is often the final step in criminal proceedings.

ANS: T PTS: 1 REF: (p. 89) OBJ: What constitutes an arrest.

17.An exigent circumstance exception is frequently used and the most difficult to justify.

ANS:TPTS:1REF:(p. 111)

OBJ:When a search warrant is not needed.

18.The phrase “in the presence,” when referring to an arrest, literally means in the immediate presence of the law enforcement officer.

ANS:FPTS:1REF:(p. 85)

OBJ:When officers may arrest someone.

19.The law of arrest is strict and technical.

ANS:TPTS:1REF:(p. 87)

OBJ:Why understanding and skill in making legal arrests are critical.

20.Police service dogs can enhance the safety of officers, bystanders, and suspects and help officers avoid resorting to deadly force.

ANS:TPTS:1REF:(p. 102)

OBJ: What less-lethal weapons police officers have available.

21.Until 1985, it was legal in many states for officers to use deadly force to prevent a felon from escaping.

ANS:TPTS:1REF:(p. 100)

OBJ: How much force can be used in making an arrest.

22.It is entirely reasonable for an arresting officer to search for and seize any evidence on an arrestee’s person to prevent its concealment or destruction.

ANS:TPTS:1REF:(p. 107)

OBJ: How officers search a person and a building.

23.Less-lethal weapons are those insufficient in force to ever cause death.

ANS:FPTS:1REF:(p. 101)

OBJ: What less-lethal weapons police officers have available.

24.The curtilage, basically a person’s yard, can be searched without a warrant.

ANS:FPTS:1REF:(p. 110)

OBJ: When a search can be conducted.

25.Illegal arrests may taint crucial evidence of guilt.

ANS:TPTS:1REF:(p. 87)

OBJ:Why understanding and skill in making legal arrests are critical.

26.Arrests may result in civil suits or criminal prosecutions of officers.

ANS:TPTS:1REF:(p. 87)

OBJ:Why understanding and skill in making legal arrests are critical.

27.Arrests are rarely dangerous and seldom life threatening for police officers.

ANS:FPTS:1REF:(p. 87)

OBJ:Why understanding and skill in making legal arrests are critical.

28.The use of forcible entry to arrest was established early on in common law, even though a fundamental liberty of people includes protecting their homes.

ANS:TPTS:1REF:(p. 95)

OBJ: How much force can be used in making an arrest.

29.The Supreme Court has held that 15 to 20 seconds is a reasonable amount of time between an officer’s knock and announcement of a search warrant and actual forced entry.

ANS:TPTS:1REF:(p. 96)

OBJ: How a search conducted with a warrant is limited.

30.The use of force is not a significant obstacle to the community policing philosophy.

ANS:FPTS:1REF:(p. 104)

OBJ:What police activity can be an obstacle to community policing.

31.The general public is often confused about the risks of less-lethal weapons.

ANS:TPTS:1REF:(p. 102)

OBJ: What less-lethal weapons police officers have available.

32.The Supreme Court agreed with the lower court’s ruling in Kyllo that thermal imaging technology is acceptable because it does not reveal intimate details about activities inside a home.

ANS:FPTS:1REF:(p. 112)

OBJ: What balance between freedom and order police officers must maintain.

33.If officers are performing their duties and come across evidence or contraband that is easily seen—that is, it is in plain view—they may seize it without a warrant.

ANS:TPTS:1REF:(p. 109)

OBJ:When a search warrant is not needed.

34.An open field posted with several “No Trespassing” signs is sufficient to denote an expectation of privacy and, thus, requires police to obtain a warrant prior to a search.

ANS:FPTS:1REF:(p. 110)

OBJ: When a search can be conducted.

35.The courts have generally ruled that dog sniffs of inanimate items or public locations are not searches.

ANS:TPTS:1REF:(p. 114)

OBJ:When a search warrant is not needed.

SHORT ANSWER

1.The common meaning of _______________ is simply “to stop.”

ANS:

arrest

PTS: 1 REF: (p. 84) OBJ: What constitutes an arrest.

2.Chimel v. California established that officers can search a person they have arrested for weapons and/or evidence, but the search must be limited to the area within the arrestee’s immediate control, sometimes referred to as the arrestee’s “_____________.”

ANS:

wingspan

PTS: 1 REF: (p. 107) OBJ: What a stop-and-frisk situation involves.

3.The _____________ Amendment provides that no person shall be “deprived of life, liberty, or property without due process of law.”

ANS:

Fifth

PTS:1REF:(p. 80)

OBJ: What two amendments restrict arrests and searches.

4.The stop in a stop-and-frisk situation must be based on a _________________ _______________ that the person stopped is about to be or is actually engaged in criminal activity.

ANS:

reasonable suspicion

PTS: 1 REF: (p. 81) OBJ: What a stop-and-frisk situation involves.

5.The ________________ ________________ doctrine refers to places other than actual borders where travelers frequently enter or exit the country, such as international airports.

ANS:

functional equivalent

PTS: 1 REF: (p. 111) OBJ: When a search can be conducted.

6.In __________ v. _________ , the Supreme Court ruled that police may properly request a person’s name in a Terry-type stop.

ANS:

Hiibel v. Nevada or Sixth Judicial District Court of Nevada

Hiibel v. Sixth Judicial District Court of Nevada

PTS: 1 REF: (p. 8) OBJ: When a search can be conducted.

7.The _____________ Amendment states, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

ANS:

Fourth

PTS:1REF:(pp. 79–80)

OBJ: What balance between freedom and order police officers must maintain.

8.“_________ __________ __________” does not refer to proximity, but rather to what an officer making an arrest perceives through his or her senses.

ANS:

In the presence

PTS: 1 REF: (p. 85) OBJ: When officers may arrest someone.

9.Maryland v. Buie established that officers may make a limited protective _________ of a home during an arrest if the circumstances warrant.

ANS:

sweep

PTS: 1 REF: (p. 106) OBJ: How a search conducted with a warrant is limited.

10.Many law enforcement agencies have a policy called the __________ ____________ _____________, stating that all persons arrested and transported shall be handcuffed.

ANS:

mere handcuff rule

PTS: 1 REF: (p. 97) OBJ: How much force can be used in making an arrest.

11.The _________________ is a conducted energy weapon that fires a cartridge with two small probes that stay connected to the weapon by a high-voltage insulated wire.

ANS:

TASER or Thomas A. Swift Electric Rifle

TASER

Thomas A. Swift Electric Rifle

PTS:1REF:(p. 101)

OBJ: What less-lethal weapons police officers have available.

12.A house and the area immediately surrounding it, called the ________________, cannot be searched without a warrant.

ANS:

curtilage

PTS: 1 REF: (p. 110) OBJ: When a search can be conducted.

MATCHING

Each item may be matched only once. Select the best match.

a.	Brendlin v. California	i.	New York v. Belton
b.	Bond v. United States	j.	positional asphyxia
c.	continuum of contacts	k.	probable cause
d.	exigent circumstance	l.	procedural law
e.	Graham v. Connor	m.	substantive law
f.	Virginia v. Moore	n.	Tennessee v. Garner
g.	Mapp v. Ohio	o.	United States v. Sokolow
h.	Minnesota v. Dickerson	p.	Weeks v. United States

1.the almost limitless variation of interactions between the public and the police

2.case in which the Supreme Court ruled the police did not violate the Fourth Amendment when they made an arrest based on probable cause, but prohibited by state law, or when they performed a search subsequent to the arrest

3.case that established that a frisk that goes beyond that authorized by Terry is invalid

4.case that reinforced the fact that passengers in a vehicle may successfully have evidence suppressed and may sue police for violating their constitutional rights while illegally stopping a driver

5.case where the Supreme Court ruled: “In evaluating the validity of a stop . . ., we must consider the ‘totality of circumstances—the whole picture’”

6.it is more likely than not that a crime has been committed by the person whom a law enforcement officer seeks to arrest

7.governs how a law is applied and enforced

8.deals with what behaviors are considered crimes, including the elements of crimes and the punishments for each crime

9.case that held evidence obtained from illegal searches and seizures is inadmissible in federal court, no matter how relevant

10.case that established the exclusionary rule, which applies to all state criminal proceedings

11.often cited as the landmark case concerning police use of force

12.may occur when a person’s body position interferes with breathing

13.case in which the Court ruled police cannot shoot fleeing felons unless they present an “imminent danger to life”

14.case which held that an automobile’s interior could be searched after a passenger was arrested

15.case in which the Supreme Court extended its “look, but don’t touch” policy when it ruled police officers can visually inspect travelers’ luggage but not squeeze or physically manipulate a bag to determine whether it contains drugs or other contraband

16.occurs when an emergency exists and there is no time for officers to obtain a search warrant

1.ANS:CPTS:1REF:(p. 80)

OBJ: What balance between freedom and order police officers must maintain.

2.ANS:FPTS:1REF:(pp. 86–87)

OBJ:When officers may arrest someone.

3.ANS:HPTS:1REF:(p. 87)

OBJ:What a stop-and-frisk situation involves.

4.ANS:APTS:1REF:(p. 86)

OBJ: What balance between freedom and order police officers must maintain.

5.ANS:OPTS:1REF:(p. 82)

OBJ:When officers may arrest someone.

6.ANS:KPTS:1REF:(p. 85)

OBJ:When officers may arrest someone.

7.ANS:LPTS:1REF:(p. 89)

OBJ: How substantive and procedural criminal law differ.

8.ANS:MPTS:1REF:(p. 89)

OBJ: How substantive and procedural criminal law differ.

9.ANS:PPTS:1REF:(p. 115)

OBJ: When a search can be conducted.

10.ANS:GPTS:1REF:(p. 115)

OBJ: What the exclusionary rule is and its relevance to police operations.

11.ANS:EPTS:1REF:(p. 91)

OBJ: What three use-of-force tests are established in Graham v. Connor.

12.ANS:JPTS:1REF:(p. 99)

OBJ: How much force can be used in making an arrest.

13.ANS:NPTS:1REF:(p. 100)

OBJ: How much force can be used in making an arrest.

14.ANS:IPTS:1REF:(pp. 107–108)

OBJ: When a search can be conducted.

15.ANS:BPTS:1REF:(p. 111)

OBJ:When a search warrant is not needed.

16.ANS:DPTS:1REF:(p. 111)

OBJ:When a search warrant is not needed.

ESSAY

1.Explain in detail the differences between a stop, frisk, search, and arrest. Include the standards or conditions that must exist for police to lawfully execute each one.

ANS:

Answer varies.

PTS:1REF:(pp. 80–91)|(pp. 105–114)

OBJ: What a stop-and-frisk situation involves. |What constitutes an arrest. |When a search can be conducted.

2.Discuss under what circumstances an arrest can legally be made and explain why it is crucial that law enforcement officers be understanding and skilled at making lawful arrests.

ANS:

Answer varies.

PTS:1REF:(pp. 84–91)

OBJ: When officers may arrest someone. |Why understanding and skill in making legal arrests are critical.

3.Discuss the facts of the case and Supreme Court ruling in Illinois v. Wardlow.

ANS:

Answer varies.

PTS: 1 REF: (p. 82) OBJ: When officers may arrest someone.

4.List the less-lethal weapon options and the various advantages and disadvantages of each.

ANS:

Answer varies.

PTS:1REF:(pp. 100–102)

OBJ: What less-lethal weapons police officers have available.

5.Describe in as much detail as possible the proper procedures for legally searching people.

ANS:

Answer varies.

PTS:1REF:(p. 112)

OBJ: When a search can be conducted.| How officers search a person and a building.

6.Describe in as much detail as possible the proper procedures for legally searching buildings.

ANS:

Answer varies.

PTS:1REF:(pp. 113–114)

OBJ: When a search can be conducted. |How officers search a person and a building.