Criminal Procedure Quiz 2

1. A frisk is a pat-down of the outer clothing to find

Controlled substances

Evidence of any type of crime

Identification materials

Weapons

Terry v Ohio allows for a frisk for weapons.

Explanation

Terry v Ohio allows for a frisk for weapons.

2. An officer makes a valid stop for a non-violent offense. Therefore the officer is automatically justified to conduct a frisk search.

True

False

Officers who do not have ARS to beleive that the suspect has a weapon does not have the right to conduct a frisk. Terry v. Ohio

Explanation

Officers who do not have ARS to beleive that the suspect has a weapon does not have the right to conduct a frisk. Terry v. Ohio

3. An officer receives an anonymous tip that a suspect is selling drugs on the street. This is the only information the officer has. The best course of action for the officer would be to immediately

Locate and frisk the suspect

Attempt to obtain a warrant

Locate and arrest the suspect

Attempt to corroborate the tip

Anonymous tips alone do not provide probable cause or ARS to stop. They must be corroborated to the level of ARS.

Explanation

Anonymous tips alone do not provide probable cause or ARS to stop. They must be corroborated to the level of ARS.

4. A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions. This action by the officer

Is not a seizure

Is the equivalent of a stop

Is the equivalent of an arrest

Must be justified by a warrant

Tier 1(brief stop) no seizure occured suspect has every right to leave.

Explanation

Tier 1(brief stop) no seizure occured suspect has every right to leave.

5. Which of the following standards of proof is not required in any legal proceeding?

Preponderance of the evidence

Clear and convincing evidence

Absolute certainty

Proof beyond a reasonable doubt

Jurys are not required to find somone guilty to an "absolute certainty". They do not have to be 100% sure. Just beyond a reasonable doubt.

Explanation

Jurys are not required to find somone guilty to an "absolute certainty". They do not have to be 100% sure. Just beyond a reasonable doubt.

6. Which of the following can an officer use to establish probable cause.

Trustworthy information

Hearsay information

Prior criminal record

All of the above

An officer can use trustworthy information, hearsay information, and a prior criminal record to establish probable cause. Trustworthy information refers to reliable and credible sources that provide factual details or evidence. Hearsay information, although less reliable, can still contribute to establishing probable cause if it comes from a reliable source. A prior criminal record can also be used as a basis for probable cause if it indicates a history of criminal behavior. Therefore, all of the above options can be utilized by an officer to establish probable cause.

Explanation

An officer can use trustworthy information, hearsay information, and a prior criminal record to establish probable cause. Trustworthy information refers to reliable and credible sources that provide factual details or evidence. Hearsay information, although less reliable, can still contribute to establishing probable cause if it comes from a reliable source. A prior criminal record can also be used as a basis for probable cause if it indicates a history of criminal behavior. Therefore, all of the above options can be utilized by an officer to establish probable cause.

7. An officer has made a valid stop of an automobile. To order the driver to exit the vehicle, the officer needs no justification.

True

False

In this scenario, the correct answer is True. When an officer has made a valid stop of an automobile, they have the authority to order the driver to exit the vehicle without needing any additional justification. This is because the officer's primary concern is ensuring their safety and the safety of others during the stop. By asking the driver to exit the vehicle, the officer can better assess the situation and minimize potential risks.

Explanation

In this scenario, the correct answer is True. When an officer has made a valid stop of an automobile, they have the authority to order the driver to exit the vehicle without needing any additional justification. This is because the officer's primary concern is ensuring their safety and the safety of others during the stop. By asking the driver to exit the vehicle, the officer can better assess the situation and minimize potential risks.

8. Exigent circumstances is not an exception to the exclusionary rule.

True

False

Exigent circumstances refers to situations where law enforcement officers are faced with an urgent need to act without obtaining a warrant, typically to prevent the destruction of evidence or to protect the safety of individuals. The exclusionary rule, on the other hand, states that evidence obtained in violation of the Fourth Amendment cannot be used in court. In this context, the correct answer is true because exigent circumstances do not provide an exception to the exclusionary rule. This means that even if law enforcement officers have a legitimate reason to act without a warrant due to exigent circumstances, any evidence obtained during that search may still be excluded from court proceedings.

Explanation

Exigent circumstances refers to situations where law enforcement officers are faced with an urgent need to act without obtaining a warrant, typically to prevent the destruction of evidence or to protect the safety of individuals. The exclusionary rule, on the other hand, states that evidence obtained in violation of the Fourth Amendment cannot be used in court. In this context, the correct answer is true because exigent circumstances do not provide an exception to the exclusionary rule. This means that even if law enforcement officers have a legitimate reason to act without a warrant due to exigent circumstances, any evidence obtained during that search may still be excluded from court proceedings.