Constitutional Law

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  • 1/165 Questions

    In evaluating whether probable cause exists for the issuance of an arrest warrant, the judge

    • Identify all the facts and circumstances known to the officer, view them in combination, and evaluate their evidentiary significance in the way a trained police officer would.
    • Must view the evidence before granting the search warrant
    • Is obligated to take the officer's word that a crime has been committed absent of any evidence as to the crime
    • Can issues an arrest warrant without significant probable cause, if reasonable suspicion exists
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About This Quiz

Explore the foundational aspects of the U. S. Constitution, focusing on its ratification, structure, and the powers it grants. This quiz assesses understanding of key historical events and legal frameworks, crucial for students of law and American history.

Constitutional Law Quizzes & Trivia

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  • 2. 

    Assume that police have probable cause to arrest a man who is nicknamed Sticky-Fingered Sam, but whose real name is Sam M. Wanna. Police know Sam’s nickname and that he lives in a five-unit apartment building on 112 North Street, but mistakenly believe that his real name is "Sam Cook." Which of the following descriptions of the intended arrestee is most likely to be regarded as adequate to satisfy the Fourth Amendment?

    • "Sticky-Fingered Sam who lives at 112 North St."

    • "Sam Cook"

    • "John Doe, alias Sam"

    • "Occupant, 112 North St."

    Correct Answer
    A. "Sticky-Fingered Sam who lives at 112 North St."
    Explanation
    The description "Sticky-Fingered Sam who lives at 112 North St." is most likely to be regarded as adequate to satisfy the Fourth Amendment because it includes both the suspect's nickname and the correct address where he resides. Although the police have mistaken his real name as "Sam Cook," the use of his nickname and correct address provides enough information to identify and locate the intended arrestee.

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  • 3. 

    Sticky-Fingered Sam lives in an apartment at 112 North Street, which he shares with his sister Mary Wanna. Sam is wanted by the police for theft. Having no luck finding Sam abroad, the police decide to arrest Sam inside his apartment. Which of the following warrant(s) must the officers obtain before going to Sam’s apartment to arrest him?

    • An arrest warrant

    • A search warrant

    • Direction to Sam's apartment

    • Backup

    Correct Answer
    A. An arrest warrant
    Explanation
    The police must obtain an arrest warrant before going to Sam's apartment to arrest him. This warrant gives them the legal authority to apprehend Sam for the crime he is wanted for. A search warrant is not necessary in this scenario, as it is specifically for searching a location for evidence. Direction to Sam's apartment and backup are not warrants and do not grant the police the necessary authority to make an arrest.

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  • 4. 

    Which of the following requirements is necessary for a search warrant to be issued in conformity with the Fourth Amendment?

    • A magistrate’s determination, based on information provided under oath, that there is probable cause to believe that specific objects that furnish evidence of a crime will be found at the location to be searched.

    • A provision requiring execution within 48 hours

    • A bond securing the owner against destruction of property during the execution of the warrant

    • All of the above

    Correct Answer
    A. A magistrate’s determination, based on information provided under oath, that there is probable cause to believe that specific objects that furnish evidence of a crime will be found at the location to be searched.
    Explanation
    A search warrant can only be issued in conformity with the Fourth Amendment if a magistrate, after considering information provided under oath, determines that there is probable cause to believe that specific objects that furnish evidence of a crime will be found at the location to be searched. This requirement ensures that the search warrant is based on reliable and credible information, and that it is not issued arbitrarily or without sufficient justification. The provision requiring execution within 48 hours and the bond securing the owner against destruction of property are not necessary requirements for a search warrant to be issued in conformity with the Fourth Amendment.

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  • 5. 

    An arrest warrant will not protect an officer against liability for making an unconstitutional

    • Stop of a suspect

    • Officer deliberately or recklessly includes false information in his or her affidavit for a warrant

    • Accusation against a private citizen

    • Intervention in an altercation between two private citizens in a public park

    Correct Answer
    A. Officer deliberately or recklessly includes false information in his or her affidavit for a warrant
    Explanation
    If an officer deliberately or recklessly includes false information in his or her affidavit for a warrant, it means that they have provided misleading or inaccurate information to obtain the warrant. This behavior undermines the integrity of the legal process and violates the suspect's rights. Even with an arrest warrant, the officer cannot be protected against liability because they have acted unconstitutionally by providing false information.

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  • 6. 

    A candidate for judge sets up a table in a privately owned shopping plaza to solicit campaign contributions and distribute literature. The plaza manager informs him that solicitation on the premises is not allowed. On his refusal, the manager calls the police. When police arrive, the judge was found to be polite and mannerly and not disturbing anyone. The police officer should:

    • Arrest the judge for trespassing if he refuses to leave

    • Advise the manager that he cannot arrest the judge unless he causes a disturbances or disrupts traffic flows

    • Tell the manager that he cannot have the judge arrested because political candidates enjoy an absolute First Amendment privilege to distribute campaign literature

    • Arrest the manager for intruding on the judge's freedom of expression

    Correct Answer
    A. Arrest the judge for trespassing if he refuses to leave
    Explanation
    The police officer should arrest the judge for trespassing if he refuses to leave. Although the judge may be polite and not causing any disturbance, the plaza manager has clearly informed him that solicitation is not allowed on the premises. By refusing to comply with the manager's request, the judge is trespassing on private property. The police officer's duty is to enforce the law, and in this case, the judge's refusal to leave constitutes trespassing, warranting his arrest.

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  • 7. 

    A group of anti-war protestors deliberately obstructed the entrance to an army induction center to prevent inductees from entering. When an officer attempted to remove the protestors, Joe, who was the leader of the group: "You white son of a bitch, if you come one inch closer, I’ll choke you to death and cut you up into pieces." The officer arrested him under a statute which prohibited use "opprobrious words or abusive language." Joe was convicted and appealed, claiming that his conviction violated the First Amendment.

    • The court should reverse Joe’s conviction because the statute under which he was convicted is unconstitutionally vague and imprecise

    • The court should reverse Joe’s conviction because Joe was arrested for speech that was protected by the First Amendment

    • The court should reverse Joe’s conviction because the officer had no authority to ask Joe to move

    • The court should reverse Joe’s conviction because words spoken to a police officer can never be considered as a factor in making an arrest decision

    Correct Answer
    A. The court should reverse Joe’s conviction because the statute under which he was convicted is unconstitutionally vague and imprecise
    Explanation
    The correct answer is that the court should reverse Joe's conviction because the statute under which he was convicted is unconstitutionally vague and imprecise. This is because the statute does not clearly define what constitutes "opprobrious words or abusive language," leaving it open to interpretation and potentially infringing on First Amendment rights.

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  • 8. 

    On April 3, Bob, a candidate for district court judge, set up a table in the north wing of the Sharpsville Plaza to solicit campaign contributions and distribute literature. Sharpsville Plaza is a privately owned shopping center. Upon learning of Bob’s presence, the manager told him that Sharpsville Plaza did not permit solicitation on the premises and asked him to leave. When Bob refused, the manager called the police. When Officer Smith arrived, he observed that Bob was polite and mannerly and that he was not disturbing anyone. Officer Smith should:

    • Arrest Bob for trespassing if he refuses to leave.

    • Advise the manager that he cannot have Bob arrest unless Bob causes a disturbances or disrupts traffic flows

    • Tell the manager that he cannot have Bob arrested because political candidates enjoy an absolute First Amendment privilege to distribute campaign literature

    • Arrest the manager for intruding on Bob's freedom of expression

    Correct Answer
    A. Arrest Bob for trespassing if he refuses to leave.
    Explanation
    Officer Smith should arrest Bob for trespassing if he refuses to leave. This is because Sharpsville Plaza is a privately owned shopping center and the manager has the right to enforce their rules and regulations. Even though Bob may not be causing any disturbances or disrupting anyone, his presence and refusal to leave after being asked by the manager constitutes trespassing on private property. Therefore, Officer Smith should take appropriate action to enforce the property owner's rights.

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  • 9. 

    Which of the following uses of language is most likely to be regarded as constitutionally unprotected "fighting words"?

    • The defendant during a campaign speech called his opponent, who was not present at the time, a "fascist pig"

    • The defendant, seeing a black man holding hands with a white woman, stopped the man and said: "Nigger, if you don’t take your hands off that lady, I’ll break your neck"

    • The defendant on being stopped for a traffic offense called the police officer a "stupid son-of-a-bitch"

    • The defendant delivered a speech denouncing racism and urging blacks in the audience to fight for their rights

    Correct Answer
    A. The defendant, seeing a black man holding hands with a white woman, stopped the man and said: "Nigger, if you don’t take your hands off that lady, I’ll break your neck"
    Explanation
    The answer is the second option because it involves the use of a racial slur and a threat of violence. This type of language is likely to be considered "fighting words" because it is intended to provoke a violent reaction and is not protected by the First Amendment.

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  • 10. 

    After a lawful traffic stop, police may routinely:

    • Search the trunk of the vehicle

    • Order the driver and all passengers to exit the vehicle for the duration of the stop

    • Frisk the driver and all passengers

    • Detain the driver for up to 30 minutes

    Correct Answer
    A. Order the driver and all passengers to exit the vehicle for the duration of the stop
    Explanation
    After a lawful traffic stop, police may order the driver and all passengers to exit the vehicle for the duration of the stop. This is because it is a standard procedure for the safety of the officers and the individuals involved. By having everyone exit the vehicle, the police can ensure that there are no immediate threats or potential dangers inside the car. It also allows the officers to have better control of the situation and prevents any attempts to hide or dispose of evidence. Additionally, it provides an opportunity for the police to observe the behavior and actions of the individuals, which can be important for their own safety and the overall assessment of the situation.

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  • 11. 

    In evaluating whether probable cause exists for the issuance of an arrest warrant, the judge will:

    • Identify all the facts and circumstances known to the officer, view them in combination, and evaluate their evidentiary significance in the way a trained police officer would

    • Disregard information received from an informant unless the informant is brought before the judge and testifies in person

    • Require more or stronger evidence than would be required if the officer made the arrest without a warrant

    • Require more or stronger evidence for a misdemeanor arrest warrant than for a felony arrest warrant

    Correct Answer
    A. Identify all the facts and circumstances known to the officer, view them in combination, and evaluate their evidentiary significance in the way a trained police officer would
    Explanation
    The judge will evaluate all the facts and circumstances known to the officer and assess their evidentiary significance in the same way a trained police officer would. This means that the judge will consider all the available information and determine whether it is sufficient to establish probable cause for the issuance of an arrest warrant. The judge will not disregard information received from an informant unless the informant testifies in person. Additionally, the judge will not require more or stronger evidence for a misdemeanor arrest warrant compared to a felony arrest warrant.

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  • 12. 

    After a proposed Constitution was written, it was submitted to the states for ratification. This ratification was opposed by some states because:

    • The Constitution contained no bill of rights

    • Excessive power was concentrated in the state governments

    • Congress had no power to tax

    • Small states were not given fair representation in the Senate of the United States

    Correct Answer
    A. The Constitution contained no bill of rights
    Explanation
    The correct answer is that the Constitution contained no bill of rights. This means that the proposed Constitution did not include a specific list of individual rights and freedoms that would be protected by the government. Some states opposed the ratification of the Constitution because they believed it was necessary to include a bill of rights to ensure the protection of individual liberties. They feared that without a bill of rights, the government would have too much power and could potentially infringe upon the rights of citizens.

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  • 13. 

    The Fourth Amendment expressly requires that arrest warrants:

    • Contain a picture of the suspect

    • Contain a particularized description of the person to be arrested.

    • Contain a description of the suspect's relations

    • Can be issued without cause

    Correct Answer
    A. Contain a particularized description of the person to be arrested.
    Explanation
    The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. It requires that arrest warrants include a particularized description of the person to be arrested. This means that the warrant must provide enough specific information about the individual, such as their name, physical appearance, or other identifying characteristics, to ensure that law enforcement officers are not able to arrest the wrong person. This requirement helps to safeguard against arbitrary or mistaken arrests and protects individuals' rights to privacy and due process.

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  • 14. 

    Congress has enacted crime legislation such as the Motor Vehicle Theft Act under one of the powers delegated under Article I, §8. That provision is the:

    • Power to regulate interstate and foreign commerce.

    • Authority to enter into treaties and alliances

    • Full faith and credit provision

    • Intrastate regulatory clause

    Correct Answer
    A. Power to regulate interstate and foreign commerce.
    Explanation
    The Motor Vehicle Theft Act is a crime legislation that Congress has enacted, and it falls under one of the powers delegated to Congress under Article I, §8 of the Constitution. This provision grants Congress the power to regulate interstate and foreign commerce. Therefore, the correct answer is the power to regulate interstate and foreign commerce.

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  • 15. 

    Protection against unreasonable searches and seizures is guaranteed by the:

    • Third Amendment

    • Fourth Amendment.

    • Fifth Amendment

    • Sixth Amendment

    Correct Answer
    A. Fourth Amendment.
    Explanation
    The Fourth Amendment guarantees protection against unreasonable searches and seizures. It states that individuals have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause. This amendment ensures that law enforcement cannot conduct searches or seizures without a valid reason, protecting individuals' privacy and preventing abuse of power by the government.

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  • 16. 

    The test currently used to determine whether literary works are obscene was established by the Supreme Court in:

    • Miller v. United States.

    • Chaplinsky v. New Hampshire

    • Grace v. United States

    • Brandenburg v. Ohio

    Correct Answer
    A. Miller v. United States.
    Explanation
    The correct answer is Miller v. United States. In this case, the Supreme Court established the Miller test, which is used to determine whether literary works are obscene. The Miller test states that a work is obscene if it appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This test has been widely used to determine the obscenity of literary works in the United States.

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  • 17. 

    The language of the Fourth Amendment does not mention the term:

    • Seizure

    • Arrest

    • Warrant

    • Probable cause

    Correct Answer
    A. Arrest
    Explanation
    The Fourth Amendment does not explicitly mention the term "arrest." The amendment protects against unreasonable searches and seizures, requiring that warrants be supported by probable cause. While an arrest typically involves a seizure of a person, the term "arrest" itself is not specifically mentioned in the language of the Fourth Amendment.

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  • 18. 

    Which of the following activities is least likely to be subject to federal control under the commerce clause?

    • Tax evasion

    • Bankruptcy laws

    • Domestic violence. domestic violence. domestic violence. domestic violence

    • Right to bear arms

    Correct Answer
    A. Domestic violence. domestic violence. domestic violence. domestic violence
    Explanation
    Domestic violence is least likely to be subject to federal control under the commerce clause because it is typically considered a matter of state law. The commerce clause grants the federal government the power to regulate interstate commerce, and domestic violence is generally considered a matter that falls within the jurisdiction of state governments. Therefore, the federal government is less likely to have direct control over domestic violence laws and regulations.

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  • 19. 

    The commerce clause, as interpreted by the Supreme Court:

    • Allows Congress to regulate any activity that has a substantial effect on interstate commerce, even though the activity takes place entirely within the confines of a single state

    • Exempts state governments and their agencies from regulations enacted by Congress under its commerce clause powers.

    • Does not allow Congress to enact criminal statutes

    • Does not allow Congress to enact laws affecting areas in which there are existing state regulations

    Correct Answer
    A. Allows Congress to regulate any activity that has a substantial effect on interstate commerce, even though the activity takes place entirely within the confines of a single state
    Explanation
    The commerce clause, as interpreted by the Supreme Court, allows Congress to regulate any activity that has a substantial effect on interstate commerce, even if the activity occurs within a single state. This means that Congress has the power to regulate activities that may seem purely local, as long as they have an impact on interstate commerce. This interpretation gives Congress broad authority to regulate economic activities and ensure consistency in regulations across states.

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  • 20. 

    The First Amendment mentions several rights in addition to freedom of speech. Among the rights mentioned is the right to:

    • Privacy

    • Bear arms

    • Peaceably assemble.

    • Vote

    Correct Answer
    A. Peaceably assemble.
    Explanation
    The First Amendment of the United States Constitution guarantees the right to peaceably assemble. This means that individuals have the freedom to gather together in a peaceful manner to express their opinions, protest, or engage in other forms of collective action. This right is essential for a functioning democracy as it allows citizens to come together and have their voices heard. It is distinct from the right to bear arms, the right to privacy, and the right to vote, which are also mentioned in the Constitution but are separate rights protected by other amendments.

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  • 21. 

    Which of the following locations is not a public forum?

    • A municipal park

    • A corporate mall shopping center parking lot.

    • A municipal auditorium

    • The sidewalk in front of a public school

    Correct Answer
    A. A corporate mall shopping center parking lot.
    Explanation
    A corporate mall shopping center parking lot is not considered a public forum because it is privately owned and controlled by the corporation. Unlike the other options listed, which are typically owned and operated by the government or public entities, the parking lot of a corporate mall shopping center is subject to the rules and regulations set by the private owner. As a result, the owner has the right to restrict certain activities or speech within the parking lot, making it not a public forum.

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  • 22. 

    Reasonable suspicion is necessary to:

    • Stop a motor vehicle at a fixed checkpoint

    • Issue a traffic citation

    • Frisk a person for a weapon.

    • Ask a person for permission to search his or her luggage

    Correct Answer
    A. Frisk a person for a weapon.
    Explanation
    Reasonable suspicion is necessary to frisk a person for a weapon. This means that law enforcement officers must have a reasonable belief, based on specific facts and circumstances, that the person they are about to frisk is armed and dangerous. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, and a frisk is considered a search. Therefore, officers must have reasonable suspicion to justify conducting a frisk for officer safety purposes.

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  • 23. 

    The Fourth Amendment requires an arrest warrant:

    • In order to stop and frisk a suspect

    • In order to cite an individual during a traffic stop

    • Before making a nonconsensual entry into a hotel room to arrest someone inside.

    • In order to ask an individual for their identification and question them regarding suspected criminal activity

    Correct Answer
    A. Before making a nonconsensual entry into a hotel room to arrest someone inside.
    Explanation
    The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. It requires that law enforcement obtain a warrant before entering a hotel room to arrest someone without their consent. This means that the police cannot simply enter a hotel room and arrest someone without first obtaining a warrant, unless there are exceptional circumstances such as immediate danger or risk of destruction of evidence. This requirement ensures that individuals are protected from arbitrary and invasive government actions.

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  • 24. 

    The "plain feel" doctrine:

    • Is an exception to the rule that police may not seize objects other than weapons during an investigative stop

    • Was announced in Terry v. Ohio

    • Applies only during pretextual traffic stops

    • Is an exception to the rule that police must knock and announce their presence before making a nonconsensual entry into a private residence

    Correct Answer
    A. Is an exception to the rule that police may not seize objects other than weapons during an investigative stop
    Explanation
    The "plain feel" doctrine is an exception to the rule that police may not seize objects other than weapons during an investigative stop. This means that if an officer conducting a lawful pat-down search during an investigative stop feels an object that they immediately recognize as contraband, they are allowed to seize it without a warrant. This doctrine was established in the case of Terry v. Ohio, and it applies to all types of investigative stops, not just pretextual traffic stops. It is important to note that this doctrine only applies if the officer's discovery of the contraband is based solely on their sense of touch and not through any manipulation or further investigation.

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  • 25. 

    First Amendment protection has been withdrawn from all but one of the following categories of speech. Which category continues to enjoy some degree of First Amendment protection?

    • Profanity

    • Obscenity

    • Fighting words

    • Threats

    Correct Answer
    A. Profanity
    Explanation
    Profanity continues to enjoy some degree of First Amendment protection. While profanity may be offensive or vulgar, it is generally considered a form of expression and is protected under the First Amendment. However, it is important to note that there are limitations to this protection, such as when profanity is used in a way that incites violence or poses a clear and present danger.

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  • 26. 

    No level of suspicion is required to:

    • Detain a person’s luggage and subject it to a canine narcotics detection examination

    • Approach a person on a public street and ask for identification

    • Stop a motorist to check his or her driver’s license

    • Detain a person for less than 15 minutes

    Correct Answer
    A. Approach a person on a public street and ask for identification
    Explanation
    In general, approaching a person on a public street and asking for identification does not require any level of suspicion. This is because it is a common practice for law enforcement officers to engage in community policing and interact with individuals in public spaces. Asking for identification is a way to ensure public safety and maintain order. However, it is important to note that there may be specific legal requirements or protocols that need to be followed when approaching and requesting identification from individuals, depending on the jurisdiction and the circumstances.

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  • 27. 

    Which of the following best describes the "inevitable discovery" exception to the exclusionary rule?

    • If the government can show that the discovery of the evidence by lawful means was inevitable, the evidence will be admissible even though it was initially discovered unconstitutionally

    • If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible even though the contested evidence would have been discovered by lawful means in the absence of police misconduct

    • The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized

    • If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contest evidence would have been discovered by lawful means

    Correct Answer
    A. If the government can show that the discovery of the evidence by lawful means was inevitable, the evidence will be admissible even though it was initially discovered unconstitutionally
    Explanation
    The "inevitable discovery" exception to the exclusionary rule states that if the government can demonstrate that the evidence would have been discovered through lawful means regardless of any unconstitutional actions, then the evidence can still be admitted. This exception allows for the admission of evidence that was initially obtained unconstitutionally but would have been discovered through legal channels.

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  • 28. 

    Police must always execute which of following acts in order to effect an arrest?

    • Stop and frisk a suspect

    • Chase a fleeing suspect

    • Seize the suspect.

    • Handcuff an individual for the officer's safety during a traffic stop

    Correct Answer
    A. Seize the suspect.
    Explanation
    In order to effect an arrest, the police must seize the suspect. Seizing the suspect refers to the act of physically taking control of the person, restricting their movement, and detaining them. This is a necessary action to ensure that the suspect is brought into custody and can be held accountable for their actions.

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  • 29. 

    Under the terms of the proposed Constitution, the new government was to become operative if a certain number of states ratified. This number was:

    • 9

    • 10 10

    • 11

    • All 13 states

    Correct Answer
    A. 9
    Explanation
    The correct answer is 9. According to the proposed Constitution, the new government would become operative if 9 states ratified it. This means that once 9 states agreed to the terms of the Constitution, the new government would be established and put into action.

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  • 30. 

    No level of suspicion is required to:

    • Detain a person for less than 15 minutes

    • Approach a person on a public street and ask for identification.

    • Stop a motorist to check hos or her driver's license

    • Do any of the above

    Correct Answer
    A. Approach a person on a public street and ask for identification.
    Explanation
    Approaching a person on a public street and asking for identification does not require any level of suspicion. It is a common practice for law enforcement officers to approach individuals in public spaces and ask for identification as part of their duty to maintain public safety and security. This action does not involve detaining the person or stopping them for a specific reason, and can be done without any prior suspicion.

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  • 31. 

    An arrest warrant will not protect an officer against liability for making an unconstitutional arrest if:

    • The warrant is not served within 30 days after it is issued

    • The officer deliberately or recklessly includes false information in his or her affidavit for a warrant

    • The warrant is not in the officer’s possession and shown to the person arrested at the time of the arrest

    • The arrestee is not taken before a magistrate for a post-arrest probable cause hearing within 48 hours after the arrest

    Correct Answer
    A. The officer deliberately or recklessly includes false information in his or her affidavit for a warrant
    Explanation
    If an officer deliberately or recklessly includes false information in their affidavit for a warrant, it means that they have provided misleading or inaccurate information to obtain the warrant. This is considered a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. Including false information undermines the integrity of the warrant and the legitimacy of the arrest. Therefore, an arrest warrant will not protect an officer against liability if they intentionally or recklessly provide false information in their affidavit.

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  • 32. 

    First Amendment protection has been withdrawn from all but one of the following categories of speech. Which category continues to enjoy some degree of First Amendment protection?

    • Profanity

    • Obscenity

    • Fighting words

    • Threats

    Correct Answer
    A. Profanity
    Explanation
    Profanity continues to enjoy some degree of First Amendment protection. While profanity may be offensive or vulgar, it is generally considered a form of expression that is protected under the First Amendment. This means that individuals have the right to use profanity in their speech without facing legal consequences, as long as it does not incite violence or pose a direct threat to others. However, it is important to note that there are some limitations to this protection, such as in certain public spaces or in the context of certain professions or situations.

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  • 33. 

    The determination that a government-owned location constitutes a public forum means that:

    • The government may not restrict free speech activity at that location

    • The government must satisfy stringent criteria to justify restricting free speech activity at that location

    • The government may not require a permit to engage in free speech activity at that location

    • First Amendment activity must be allowed 24 hours a day

    Correct Answer
    A. The government must satisfy stringent criteria to justify restricting free speech activity at that location
    Explanation
    The correct answer is that the government must satisfy stringent criteria to justify restricting free speech activity at that location. This means that the government cannot simply restrict free speech activity at a government-owned location without a valid and compelling reason. They must have strong and convincing justifications in order to limit or restrict the exercise of First Amendment rights in that particular public forum.

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  • 34. 

    The rights guaranteed by the First Amendment are binding:

    • Only on federal governments

    • On federal, state, and local governments

    • On ferderal, state, and local governments, and privately owned shoppng malls that have outdoor sidewalks and parking facilities

    • On ferderal, state, and local governments, and private companies that employ more that 100 people

    Correct Answer
    A. On federal, state, and local governments
    Explanation
    The First Amendment guarantees certain rights, such as freedom of speech, religion, and assembly. These rights are not only binding on the federal government, but also on state and local governments. This means that all levels of government must respect and protect these rights. The answer choice "on federal, state, and local governments" accurately reflects this. There is no mention of privately owned shopping malls or private companies in the First Amendment, so the other answer choices are incorrect.

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  • 35. 

    Which of the following is always required to seize an object for use as evidence?

    • The object must constitute the fruits, instrumentalities, or other evidence of crime or contraband.

    • A search warrant describing the object

    • A statute making possession of the object a crime

    • All of the above

    Correct Answer
    A. The object must constitute the fruits, instrumentalities, or other evidence of crime or contraband.
    Explanation
    To seize an object for use as evidence, it is always required that the object must constitute the fruits, instrumentalities, or other evidence of crime or contraband. This means that the object must be directly linked to the commission of a crime or the possession of illegal items. A search warrant describing the object or a statute making possession of the object a crime may be additional requirements in some cases, but they are not always necessary for the seizure of an object for use as evidence.

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  • 36. 

    The due process clause, which limits the actions of state governments and state agents is a part of the:

    • Fourteenth Amendment

    • Original Constitution

    • Fifth Amendment

    • Fourth Amendment

    Correct Answer
    A. Fourteenth Amendment
    Explanation
    The Fourteenth Amendment includes the due process clause, which restricts the actions of state governments and state agents. This amendment was added to the Constitution after the original document was ratified. The Fifth Amendment also contains a due process clause, but it applies to the actions of the federal government, not state governments. The Fourth Amendment protects against unreasonable searches and seizures and does not specifically address due process. Therefore, the correct answer is the Fourteenth Amendment.

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  • 37. 

    The rights guaranteed by the First Amendment are binding:

    • Only on the federal government

    • On federal, state, and local governments

    • On federal, state, and local governments and shopping malls

    • On federal, state, and local governments, and private companies that employ more than 100 people

    Correct Answer
    A. On federal, state, and local governments
    Explanation
    The First Amendment guarantees rights such as freedom of speech, religion, and assembly. These rights are binding on federal, state, and local governments because they are protected by the Constitution. This means that all levels of government must respect and uphold these rights. The answer option stating that the rights are binding only on the federal government is incorrect because the First Amendment applies to all levels of government, not just the federal government.

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  • 38. 

    Which of the following is not a valid time, place, or manner restriction on speech in a public forum?

    • An ordinance prohibiting campaign activity within 100 feet of the entrance to polling place on election day

    • An ordinance prohibiting display of signs within 500 feet of a foreign embassy that are critical of the foreign government.

    • An ordinance prohibiting noisy demonstrations in front of schools between the hours of 8:30AM and 3:00PM

    • An ordinance prohibiting blocking ingress or egress to public buildings

    Correct Answer
    A. An ordinance prohibiting display of signs within 500 feet of a foreign embassy that are critical of the foreign government.
    Explanation
    The other options listed are valid time, place, or manner restrictions on speech in a public forum as they regulate the location, timing, or volume of speech for the purpose of maintaining order, safety, or the functioning of public spaces. However, the option prohibiting the display of signs critical of a foreign government near an embassy does not fall under a valid time, place, or manner restriction as it restricts the content of speech based on its viewpoint. Such a restriction would likely be seen as a violation of the First Amendment's protection of free speech.

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  • 39. 

    Which of the following is always necessary to justify a plain view seizure?

    • The officer must on the premises searching under a search warrant when the discovery is made

    • The officer must acquire probable cause to believe that the object is associated with a crime without exceeding the lawful boundaries of his or her search authority.

    • The discovery must occur by accident

    • All three conditions are necessary

    Correct Answer
    A. The officer must acquire probable cause to believe that the object is associated with a crime without exceeding the lawful boundaries of his or her search authority.
    Explanation
    The correct answer is that the officer must acquire probable cause to believe that the object is associated with a crime without exceeding the lawful boundaries of his or her search authority. This means that the officer must have a reasonable belief that the object is connected to criminal activity and that they are conducting their search within the limits of their legal authority. This ensures that the seizure is justified and complies with the Fourth Amendment protections against unreasonable searches and seizures.

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  • 40. 

     The constitutional division of power between the federal government and the states is accomplished in which of the following ways?

    • The Constitution lists the powers reserved to the states and provides that all powers not expressly reserved to the states belong to the federal government

    • Through the combined effects of Article I, §8; Article I, §9; and the Tenth Amendment.

    • The division of power is established in the Fourteenth Amendment

    • Through the combined effect of Articles I, II, and III

    Correct Answer
    A. Through the combined effects of Article I, §8; Article I, §9; and the Tenth Amendment.
    Explanation
    The correct answer is through the combined effects of Article I, §8; Article I, §9; and the Tenth Amendment. This explanation is supported by the fact that Article I, §8 of the Constitution grants specific powers to the federal government, Article I, §9 places limitations on the powers of both the federal government and the states, and the Tenth Amendment reserves powers not delegated to the federal government to the states. Together, these provisions establish the division of power between the federal government and the states.

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  • 41. 

    Which of the following statements most accurately reflects the constitutional division of power between the federal government and the states?

    • The Founders contemplated that the federal government would be more powerful than the states

    • The federal government is a government of enumerated powers and can exercise only the powers that have been delegated.

    • The federal government holds all powers not expressly reserved to the states

    • The balance of power between the federal government and the states established by the Constitution of 1789 is fixed and cannot be changed through judicial interpretation of the enumerated powers

    Correct Answer
    A. The federal government is a government of enumerated powers and can exercise only the powers that have been delegated.
    Explanation
    The correct answer reflects the principle that the federal government only has the powers that have been specifically granted to it by the Constitution. This principle is known as the concept of enumerated powers. It ensures that the federal government does not exceed its authority and encroach on the powers reserved for the states. This division of power between the federal government and the states is a fundamental aspect of the United States' constitutional structure.

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  • 42. 

    The First Amendment mentions several rights in addition to freedom of speech. Among the rights mentioned is the right to:

    • Privacy

    • Bear arms

    • Peaceably assemble

    • Vote

    Correct Answer
    A. Peaceably assemble
    Explanation
    The First Amendment of the United States Constitution guarantees several rights, including freedom of speech. However, it also includes the right to peaceably assemble. This means that individuals have the right to gather together in a peaceful manner, whether it be for protests, meetings, or other forms of assembly. This right is essential for the expression of collective voices and the exercise of democratic principles.

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  • 43. 

    Reasonable suspicion is necessary to:

    • Stop a motor vehicle at a fixed checkpoint

    • Issue a traffic citation

    • Frisk a person for a weapon

    • Ask a person for permission to search his or her luggage

    Correct Answer
    A. Frisk a person for a weapon
    Explanation
    Frisking a person for a weapon requires reasonable suspicion. This means that there must be specific and articulable facts that lead a reasonable person to believe that the individual may be armed and dangerous. Reasonable suspicion is a lower standard than probable cause, which is required for a full search. Therefore, frisking a person for a weapon is only permissible when there is reasonable suspicion to believe that the person poses a threat.

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  • 44. 

    If an officer participating in an interception under prosecutorial supervision hears a conversation about a crime not specified in the interception order, he or she should:

    • Cease intercepting it immediately

    • Continue to intercept it, but inform the prosecutor and his or her superiors about the new evidence

    • Call the judge issuing the interception order and ask for that judge’s directions

    • Interrupt the conversation and inform the parties that their conversation is being recorded

    Correct Answer
    A. Continue to intercept it, but inform the prosecutor and his or her superiors about the new evidence
    Explanation
    If an officer participating in an interception under prosecutorial supervision hears a conversation about a crime not specified in the interception order, they should continue to intercept it, but inform the prosecutor and their superiors about the new evidence. This is because the officer has a duty to gather all relevant information and evidence related to criminal activities. By informing the prosecutor and superiors, they ensure that the appropriate actions can be taken to address the new evidence and potentially expand the scope of the investigation if necessary.

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  • 45. 

    Literary works cannot be banned as obscene unless they:

    • Contain pictures of deviant sexual acts

    • Are distributed to minors

    • Lack serious literary, artistic, political, or scientific value.

    • All of the above

    Correct Answer
    A. Lack serious literary, artistic, political, or scientific value.
    Explanation
    This answer is correct because it accurately identifies the criteria that must be met for a literary work to be considered obscene and therefore banned. According to the explanation, works can only be banned if they lack serious literary, artistic, political, or scientific value. This means that as long as a literary work possesses any of these values, it cannot be banned as obscene, regardless of whether it contains pictures of deviant sexual acts or is distributed to minors.

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  • 46. 

    Which of the following individuals can give a valid consent to search the suspect’s apartment?

    • The suspect's landlord

    • The suspect’s live-in girlfriend.

    • The apartment building maintenance man

    • None of the above

    Correct Answer
    A. The suspect’s live-in girlfriend.
    Explanation
    The suspect's live-in girlfriend can give a valid consent to search the suspect's apartment. As a live-in girlfriend, she has a reasonable expectation of privacy in the apartment and therefore has the authority to consent to a search. The landlord and the apartment building maintenance man do not have the same level of authority over the apartment and therefore cannot give valid consent.

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  • 47. 

    The ratification process was completed and the Constitution went into effect:

    • 1787

    • 1788

    • 1791

    • 1776

    Correct Answer
    A. 1788
    Explanation
    The ratification process for the Constitution was completed in 1788, which means that all the necessary approvals and acceptance from the states had been obtained. This signifies that the Constitution was officially recognized and put into effect, establishing it as the supreme law of the land.

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  • 48. 

    The Bill of Rights:

    • Was adopted by the colonists in 1776

    • Declares that no state shall deny any person due process of law

    • Was proposed by the First Congress to fulfill pledges made to the states to secure ratification of the Constitution.

    • Guarantees states protection against internal insurrections

    Correct Answer
    A. Was proposed by the First Congress to fulfill pledges made to the states to secure ratification of the Constitution.
    Explanation
    The Bill of Rights was proposed by the First Congress to fulfill pledges made to the states to secure ratification of the Constitution. This means that the Bill of Rights was not initially a part of the Constitution, but rather a set of amendments that were added later to address concerns and protect individual rights. This explanation is supported by the historical context of the Bill of Rights and its purpose in ensuring the ratification of the Constitution.

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  • 49. 

    A literary work can be banned as obscene only if the work:

    • Contains pictures of deviant sexual acts

    • Is distributed to minors

    • Lacks serious literary, artistic, political, or scientific value

    • Visually depicts real children engaged in sexual activity

    Correct Answer
    A. Lacks serious literary, artistic, political, or scientific value
    Explanation
    The correct answer suggests that a literary work can be banned as obscene if it lacks serious literary, artistic, political, or scientific value. This means that if a work is deemed to have no significant value in terms of literature, art, politics, or science, it can be considered obscene and subject to banning. This criterion ensures that works with no redeeming value are not protected under freedom of speech or expression.

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Quiz Review Timeline (Updated): Mar 22, 2023 +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Mar 22, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Oct 01, 2011
    Quiz Created by
    SarahMayes
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