CRJS 475 Exam 2: Fourth Amendment and Confessions, Exams of Biology

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The decision in Carroll v. U.S. (1925) created the vehicle exception to the warrant requirement. How did this decision change the requirements for searches of vehicles as compared to those of homes? - answer The warrant requirement was removed in vehicle searches, unlike the warrant required when searching homes. In the absence of an arrest, what is the difference between searches of containers in vehicles before and after SCOTUS' ruling in California v. Acevedo (1991)? - answer Until 1991, officers could only perform warrantless searches of containers in vehicles if they had separate probable cause to search both the vehicle and the container; after 1991, officers with probable cause could perform warrantless searches of containers in vehicles. Which statement correctly explains the rules for searching individuals during traffic stops according to the

decision in Terry v. Ohio (1968)? - answer Police may briefly detain, question, and conduct a limited pat down of a suspect during a traffic stop without a warrant or probable cause. In Pennsylvania v. Mimms (1977), SCOTUS ruled that officers could order drivers out of cars during traffic stops without violating the Fourth Amendment under what circumstance? - answer when the motor vehicle has been lawfully detained What does it likely mean if police ask suspects for consent to search their vehicles? - answer They don't have probable cause to search. What overarching societal fear in the early 1900s led SCOTUS to expand the Fourth Amendment interpretation to include reduced expectations of privacy in vehicles? - answer fear of alcohol-related crimes Emergency searches are best described as ____________. - answer searches executed without warrants due to the impracticality or danger in requiring officers to obtain warrants before they search Justice Jackson believed that rights against uncontrolled searches and seizures were ____________. - answer indispensable freedoms

Searches of lawfully arrested individuals conducted without additional probable cause are called ____________.

• answer searches incident to arrest When applying the voluntariness test of consent to search, courts focus on whether a(n) ____________. - answer officer reasonably believed a suspect consented voluntarily As far back as the late 1700s, searches of ships did not require warrants, while searches of homes required warrants and probable cause. Which of the following statements explains why? - answer A ship's mobility allowed the owner to move it quickly out of reach of a search. Which of the following statements explains the difference between actual authority consent and apparent authority consent? - answer Actual authority consent takes place when someone has the legal authority to consent to a search for another individual; apparent authority consent takes place when officers believe someone has legal authority to consent to a search for another. In consent searches, individuals ____________. - answer give officers who don't have probable cause or a warrant

permission to search their persons, belongings, and homes In California v. Acevedo (1991), SCOTUS ruled that searching containers in vehicles ____________. - answer requires no warrant when there is probable cause How did the Robinson rule clarify the rules of searches incident to arrests? - answer The Robinson rule clarified the scope of the search allowed as incident to arrest. In its ruling supporting strip searches in jails, against what does SCOTUS balance against a potentially innocent individual's right to privacy? - answer the special need to maintain security, safety, and discipline in jail How does SCOTUS's view compare to some circuit court's opinions on strip searching people arrested for minor offenses? - answer SCOTUS believes it is reasonable, but some circuit courts feel it is a violation of the Fourth Amendment. What is the reason given as to why strip searches continued in New York City after they were ruled illegal by an appellate court in 1986? - answer Corrections officers and guards were not aware that the searches were deemed illegal.

Under the terms of the settlement, each individual who was subjected to an illegal search is entitled to claim an amount from ____________ to ____________. - answer $250; $22, In the video, the mayor and law enforcement officials for the city of New York ____________ strip searches for all detainees, regardless of the level of their offenses. - answer argue in support of SCOTUS has determined that the airport searches are required to ____________. - answer protect the safety and security of all air travelers The courts have adopted three justifications for applying the balancing test to searches in student dormitories. They include the "special relationship" between students and schools, the school's duty to provide the appropriate environment for learning, and ____________. - answer exigent circumstances that require immediate action The courts have determined that schools and universities must balance what two issues when determining whether a search is an invasion of privacy? - answer an individual student's right to privacy and a desired campus environment

When considering the Fourth Amendment, how do private school officials and public school officials differ? - answer The Fourth Amendment binds public college officials. In Norris v. Premier Integrity Solutions, Inc. (2011), Norman Norris was required to undergo a highly intrusive drug test ____________. - answer before his guilt or innocence was determined In South Dakota v. Opperman (1976), the Vermillion, South Dakota, police claimed that they performed an inventory search of the vehicle ____________. - answer to protect the contents of the vehicle from theft while in police custody Special needs searches attempt to balance what two things? - answer special government needs and individual privacy The border search exception states that international border searches are reasonable without warrants or probable cause because ____________. - answer the need to control what and who enters the country outweighs personal privacy Because probationers have signed a contract of release that includes consent to searches and seizures, what is required of enforcement officers before undertaking a

search of their persons, property, or containers? - answer Law enforcement is not required to do anything before searching a probationer. Special needs searches differ from Fourth Amendment searches in which of the following ways? - answer They don't require warrants or probable cause. SCOTUS's intention in Miranda v. Arizona was to ____________. - answer prevent police coercion while still allowing police to put pressure on suspects The Miranda ruling came after several rationales put forth by SCOTUS to examine confessions. How does the accusatory system rationale compare with the free will rationale? - answer Under the accusatory system rationale, forced confessions (true or false) violate due process, while the free will rationale states that involuntary confessions are coerced if not given of a rational intellect and free will. Which amendment to the U.S. Constitution includes a clause that prevents individuals from being compelled in criminal cases to be witnesses against themselves? - answer Fifth Amendment

In Miranda, how did SCOTUS outline how to determine what defined "custody"? - answer the totality of the circumstances The one exception to admitting incriminating statements in a trial that were made without administration of the Miranda warning is called the ____________. - answer public safety exception In research into officers' and untrained college students' abilities to identify videotaped false confessions, ____________. - answer neither officers nor students had a high rate of accuracy in identifying false confessions The accusatory stage of the criminal process begins when ____________. - answer an investigation focuses on a specific individual. What has SCOTUS adopted to determine whether suspects truly have waived their rights? - answer an implied waiver based on the totality of circumstances As a result of the decision in Miranda v. Arizona (1966), SCOTUS ruled that a suspect's claim to remain silent ____________. - answer can begin at any time, even if the suspect has already started talking

To prove that their Fifth Amendment right against self- incrimination has been violated, what is one of the three elements that defendants must prove? - answer Compulsion The Sixth Amendment "Deliberately Eliciting a Response" Test is used to determine ____________. - answer whether law enforcement took any incriminating statements from suspects without a lawyer present once the prosecution started When an individual confesses to avoid an uncomfortable situation, this is called a ____________ false confession. - answer compliant In what situation did untrained college students do better than police officers in identifying false confessions? - answer when listening to audiotaped confessions Which of the following is NOT a circumstance that SCOTUS uses to determine whether a confession was given voluntarily after a suspect has waived Miranda rights? - answer whether public safety is at stake Compare how confession is treated by religion and by the law. - answer In religion, confession is the step toward forgiveness; in the eyes of the law, confession is proof of guilt that justifies punishment.

The term that describes where officers are permitted to search when making an arrest is called the ____________. - answer grabbable area What is it called when officers knock on a door, announce their presence and that they have a search warrant, and then enter the premises? - answer knock-and-announce According to the SCOTUS ruling in Wilson v. Arkansas (1995), which of the following is a circumstance that makes a no-knock entry reasonable? - answer to prevent suspects from escaping In Schneckloth v. Bustamonte (1973), how did the ruling affect the ideals of individual privacy and public safety? - answer It tipped the scales toward public safety. Following World War II, to what position did President Truman appoint Supreme Court Justice Jackson? - answer chief prosecutor at the Nuremberg Trials The particularity requirement of the Fourth Amendment requires that a warrant must specify ____________. - answer the particular person and location to be searched

In pretext arrests, officers arrest individuals where probable cause exists in order to ____________. - answer search for evidence of more serious crimes When officers are in hot pursuit of a suspect for whom they have probable cause to arrest, and he enters a home, what are officers allowed to do that doesn't violate the Fourth Amendment? - answer They may enter and search as much as required to prevent the suspect from fleeing. The totality of circumstances test that SCOTUS applies when determining the scope of consent favors which of the following? - answer law enforcement What Manson factor did Jennifer Thompson strongly have in her identification of Ronald Cotton? - answer She was confident, with no doubts about the identification she made. According to research by Ronald Huff, what is a factor that would have led Thompson to misidentify Cotton, although the sexual assault would have provided her a close look at her attacker? - answer Conditions of extreme stress can affect perception and memory.

What pretrial identification procedure did police follow in identifying Cotton as the culprit of the sexual assault? - answer live lineup What about the nature of the crime allowed the police to test DNA evidence? - answer DNA evidence is often only available in crimes like murder and rape. What remains the biggest hurdle for Jennifer Thompson years after Cotton's release? - answer She has persisting guilt over her misidentification of him. Of the following circumstances, which one would be considered the most reliable, taking into account the five Manson factors considered when weighing the reliability of eyewitness accounts? - answer An officer who has a personal encounter with the culprit and gives an accurate description of that person later that day to a composition artist. Why do the crimes set up in experimental research mean researchers can accurately analyze witness errors? - answer Researchers control the setup and the variables of the crime. According to most experts what causes the greatest conviction of the innocent? - answer eyewitness testimony

What was the first case where SCOTUS considered due process as a reason to challenge eyewitness identification on constitutional grounds? - answer Stovall v. Denno (1967) What circumstance does the Court NOT take into account when considering the strength of an eyewitness identification? - answer the psychological state of the witness and their trustworthiness What factor would probably improve an observer's recollection of a suspect, particularly a suspect that the observer was close enough to see? - answer seeing the culprit with an unobstructed view What is one criticism leveled at experimental research processes, and how might it affect the results researchers get? - answer They use mostly college students, who outperform other groups and can skew results. How could a forensic ipse dixit statute potentially take away the defendant's constitutional rights in a courtroom if not for the Melendez-Diaz v. Massachusetts (2009) decision? - answer The forensic analyst would not be cross-examined, leading to careless procedure and higher rates of wrongful convictions.

According to Wells and Quinlivan, which of the following is a change in context that could cause witnesses to change their retrospective self-report? - answer social desirability that they help put the defendant away for their crimes In a courtroom, what is the most effective way to show eyewitness identification can be flawed? - answer expert testimony The new SCOTUS ruling allows the police to take DNA samples without what document that could raise more debate? - answer a warrant Currently, DNA cheek swabs are okay as long as the suspect was arrested for a serious crime. Why has this fueled debate? - answer The definition of a serious crime is not clearly defined. Why did the American Civil Liberties Union (ACLU) speaker criticize the court ruling that DNA cheek swabs are a legitimate police procedure? - answer It allows police to test the DNA in connection to crimes they have no reason to believe the arrested person is connected. Why did Antonin Scalia dissent on the Court decision and call it a "terrifying principle"? - answer It could lead all

arrests to be entered into a DNA database regardless of whether the suspect committed a crime. What is the biggest unanswer ed question left after the SCOTUS's decision according to the last interview in the segment? - answer how this broadest possible federal statute will apply to personal rights in the future What is a possible negative side effect of the exclusionary rule? - answer A police officer might give false testimony to make the procedure sound more proper. Of the following scenarios, which one makes the best case to apply the attenuation exception to the fruit of the poisonous tree doctrine? - answer Police illegally search a location and one of the people there freely offers up evidence after several days. Which justification for the exclusionary rule is meant to act as a way to prevent officers from illegally obtaining evidence future searches? - answer the deterrence justification What is a circumstance where evidence may still be suppressed even if the officer has a warrant? - answer The warrant was based on an affidavit with information that was deliberately misleading.

What case created the exclusionary rule that ensured federal procedure would not accept evidence derived from unreasonable searches and seizures? - answer Weeks v. U.S. (1914) If evidence that was excluded from the case-in-chief is presented during cross-examination, can it be used to prove the guilt of the defendant? - answer No, evidence can be used to undermine the defendant's credibility, but not prove guilt. Defendants most often try to apply the exclusionary rule to which amendment? - answer Fourth Amendment Does all evidence obtained or derived from illegal actions mean it is suppressed and excluded from court? - answer Not often, there are a number of exclusions that keep the evidence in court. Which of the following sources of information is likely to be the MOST factually reliable form of evidence? - answer excluded evidence If an illegal search action uncovered evidence and it can be proven that a lawful search was going to find that evidence eventually, what exception to the fruit of the

poisonous tree doctrine would apply? - answer inevitable discovery exception To what does the term blue wall of silence refer? - answer Officers should never report a fellow officer for misconduct. Why did James Woods report detective corruption directly to the police department rather than to the FBI? - answer He wanted to avoid the embarrassment of external review. What is one way the internal investigation of the detectives looking to sell heroin was mishandled? - answer It tipped off the detectives being investigated. What happened to James Woods and James Dowd after they reported the case of detective corruption? - answer They were both questioned by internal affairs. Why are some police officers upset by the corruption being revealed in the hearings? - answer The hearings hurt public opinion of the police in general. Why did the U.S. Court of Appeals determine that the circumstances of Dwares v. City of New York (1993) fell under the state-created-danger exception and found in

favor of the appellant? - answer There was implied approval from police officers of the violence that took place. What is one of the reasons the majority denied the state- created-danger exception in the case Pinder v. Johnson (1995)? - answer There was no special relationship created by promises on the part of the officer. What is true of a police chief's role and how their recommendations for discipline compare to a direct supervisor's recommendation? - answer The chief has a department-wide view of misconduct and will make different recommendations about half the time. In the case Pletan v. Gaines et al. (1992), what was the reasoning given for why Sergeant Barrott was not found liable for Brian Pletan's death? - answer It could deter officers in the future from vigorously enforcing the law. In deciding if the state-created-danger exception applies, what action would an officer have to take to be most likely found liable for their actions? - answer taking an action that increases someone's danger when they have been threatened with serious physical injury What is one reason, according to Samaha, that a court would likely not find an officer guilty of a crime after they

have committed misconduct? - answer Most prosecutors and juries don't want to prosecute officers. In the four cases decided by SCOTUS that provided functional immunity for prosecutors, which of the following instances did the Court see as actions performed by an advocate? - answer knowingly giving false evidence in trial Which of the following disciplinary actions is considered the most severe? - answer fines What did the Court mean by stating the constitution contains negative liberties rather than affirmative liberties? - answer The constitution tells the government what it can't do, not what it has to do. According to the Monell (1978) decisions, under what circumstances is a local government liable for the actions of its employees? - answer when the employee has violated rights by following written policy Does a large number of complaints against the police in a certain city mean there is a large amount of officer misconduct? - answer Possibly, but the increased number of complaints could also mean public confidence in review procedures.

Under section 1983 of the U.S. Civil Rights Act, must an officer be liable for their actions every time they violate someone's constitutional rights? - answer Only if the officer's actions were deliberate and they do not have qualified immunity. Which case determined that there is no constitutional right to have restraining order enforced by the state? - answer Town of Castle Rock v. Gonzalez (2005) Under what circumstances might an individual lose a Bivens action even if the person can prove the officer acted with the appearance of power and violated one of the individual's constitutional rights? - answer The officer is able to prove qualified immunity. What are the two assumptions SCOTUS makes about the exclusionary rule? - answer It will prevent future illegal search and seizures, and there is a social cost in letting criminals go free. What's a reason law enforcement officials support the exclusionary rule and Fourth Amendment restrictions? - answer They receive training on those restrictions that promote professionalism.

In a dissenting opinion for Herring, why does the justice say the potential deterrence is worth the cost it imposes on the courts and law enforcement? - answer It is crucial to keep accurate records so innocent people are not arrested. If evidence has been excluded from the government's case-in-chief in a trial, can it be presented elsewhere in the trial? - answer Yes, it can be used during cross- examination of defense witnesses. Which of these situations would follow the intention of the good-faith exception to the exclusionary rule? - answer An officer gets a warrant to search a house and later finds that the warrant was invalid. What do courts weigh when attempting to balance the use of the exclusionary rule in society? - answer how much social harm will result from the exclusionary rule What percentage of suspects invoke their Miranda warnings during custodial interrogations? - answer 25 percent People who confess due to a need for self-punishment to remove guilty feelings make ____________. - answer voluntary false confessions

Miranda v. Arizona (1966) resulted in what change to the way police question suspects? - answer It established a list of warnings that police are required to give suspects prior to custodial interrogation. In what case did SCOTUS establish the public safety exception to Miranda? - answer New York v. Quarles (1984) How do the Fifth and Sixth Amendments protect individuals during police interrogations?. - answer The Fifth Amendment guarantees the right not to incriminate oneself in a criminal case, while the Sixth Amendment guarantees the right to counsel in all criminal prosecutions. How does the accusatory system rationale compare with the free will rationale? - answer Under the accusatory system rationale, forced confessions (true or false) violate due process, while the free will rationale states that involuntary confessions are coerced if not given of a rational intellect and free will. What is the purpose of a "double-blind" lineup or photo array? - answer to make sure the administrator can't influence the witness's decision

What is the purpose of psychologists' recommendation that the suspect and fillers in a lineup all could fit the original description of the eyewitness? - answer Fillers who don't match the description increase the chances of misidentification. If an eyewitness noticed some of the details of their surroundings during a crime, what could police safely infer about their recollection of the attacker's face? - answer Their recollection would be worse because they were looking at other things. What is one feature of forensic analysis that could cause an unconscious bias in the forensic investigator? - answer learning information about the crime and suspect beyond the scope of what they are asked to analyze After an event has taken place, when does memory fade the most quickly? - answer the first few hours after it occurs SCOTUS has ruled that strip and body cavity searches in correctional facility settings ____________. - answer are reasonable to ensure security, safety, and discipline One of the purposes of an inventory search is to ____________. - answer protect law enforcement,

suspects, and offenders from bombs, weapons, and illegal drugs In Skinner v. Railway Labor Executive Association (1989), SCOTUS ruled that testing blood, breath, and urine was ____________. - answer reasonable without warrants for some employees Medical University of South Carolina established a program in the late 1980s to help protect the unborn children of crack cocaine users. After unknowingly being tested for crack cocaine, those women who recently gave birth and tested positive were ____________. - answer arrested and prosecuted for drug use SCOTUS has ruled that the Fourth Amendment ____________ applies to school searches, and has also ruled that these searches are ____________. - answer does; reasonable