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PDF Test Bank For Criminal Procedure For The Criminal Justice Professional 11Th Edition Ferdico Online Ebook Full Chapter
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Test Bank for Criminal Procedure for the Criminal Justice Professional, 11th Edition : Ferdi
3. What basic element distinguishes formal arrest from seizure tantamount to arrest?
a. Officer’s intent
b. Suspect’s belief
c. Miranda
d. Custody
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Test Bank
6. 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.
7. 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.
8. 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.
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Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
10. 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.
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Test Bank
15. 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.
16. 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.
17. 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.
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Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
20. 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.
21. 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.
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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?
23. 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.
24. 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.
25. 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.
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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.
27. 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.
28. 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.
29. 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.
147
Test Bank
True/False
2. 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.
4. 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.
5. 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).
6. 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.
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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.
8. The issuance of a traffic citation alone is not a lawful custodial arrest sufficient to
justify a search incident to arrest.
9. In the majority of states, arrest warrants are required for misdemeanors that do not
occur in the officer’s presence.
10. 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.
Fill-in-the-blank
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.
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Test Bank
6. 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.
Essay
1. Define the elements of a formal arrest. Explain how the concept of tantamount to
an arrest differs from a formal arrest.
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Test Bank for Criminal Procedure for the Criminal Justice Professional, 11th Edition : Ferdi
6. 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.
9. Explain when and why law enforcement officers can search containers, and cite at
least one court case pertaining to same.
10. 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?
151
Language: German
Gustav Landauer.