Law Week 2 Test

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Law Week 2 Test - Quiz


Questions and Answers
  • 1. 

    Restriction against Excessive Bail

    • A.

      1st Amendment

    • B.

      2nd Amendment

    • C.

      Article 1 Section 9

    • D.

      8th Amendment

    Correct Answer
    D. 8th Amendment
    Explanation
    The 8th Amendment to the United States Constitution prohibits the imposition of excessive bail, as well as cruel and unusual punishment. It ensures that individuals are not subjected to unreasonable bail amounts that they cannot afford, which would violate their rights to due process and equal protection under the law. This amendment serves as a safeguard against the potential abuse of power by the criminal justice system, ensuring that individuals are not unfairly punished or burdened while awaiting trial.

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  • 2. 

    Most prevalent government system in the world today is

    • A.

      Unitary System

    • B.

      Confederate System

    • C.

      Federal System

    • D.

      Communism

    Correct Answer
    A. Unitary System
    Explanation
    The most prevalent government system in the world today is the unitary system. In this system, power is concentrated in a central government, which holds authority over subnational units such as states or provinces. This system allows for uniform laws and policies to be implemented across the entire country, promoting national unity and cohesion. It also ensures that decisions can be made quickly and efficiently, as there is no need for extensive negotiation or coordination between different levels of government. Many countries, including France, Japan, and the United Kingdom, have adopted this system.

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  • 3. 

    To form a more perfect union ...

    • A.

      1st Amendment

    • B.

      The Pre-Amble to the Constitution

    • C.

      Bill of Rights

    • D.

      The Constitution

    Correct Answer
    B. The Pre-Amble to the Constitution
    Explanation
    The correct answer is "The Pre-Amble to the Constitution" because the phrase "To form a more perfect union" is found in the preamble of the United States Constitution. The preamble serves as an introduction to the Constitution and outlines the goals and purposes of the document. It emphasizes the importance of unity and creating a stronger and more perfect union among the states. Therefore, the correct answer is the Pre-Amble to the Constitution.

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  • 4. 

    The First Continental Congress was established ...

    • A.

      1776

    • B.

      1871

    • C.

      1774

    • D.

      1879

    Correct Answer
    C. 1774
    Explanation
    The First Continental Congress was established in 1774. This congress was a meeting of delegates from twelve of the thirteen American colonies, with the purpose of addressing grievances against British rule and asserting the rights of the colonies. They discussed various issues, including the Intolerable Acts imposed by the British government. The Congress marked an important step towards unity among the colonies and laid the foundation for the American Revolution.

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  • 5. 

    Articles of Confederation were ratified?

    • A.

      1776

    • B.

      1781

    • C.

      1789

    • D.

      1774

    Correct Answer
    B. 1781
    Explanation
    The Articles of Confederation were ratified in 1781. This was the first constitution of the United States, serving as the governing document during the American Revolution and the early years of the country. It established a weak central government with limited powers, as the states wanted to maintain their sovereignty. However, it soon became clear that the Articles were ineffective in addressing the nation's needs, leading to the drafting and ratification of the United States Constitution in 1787 and 1788.

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  • 6. 

    The new nation is named "The United States of America."

    • A.

      The Constitution

    • B.

      The Pre-Amble of the Constitution

    • C.

      The Articles of Confederation

    • D.

      The Declaration of Independance

    Correct Answer
    C. The Articles of Confederation
    Explanation
    The correct answer is The Articles of Confederation. The Articles of Confederation was the first constitution of the United States, adopted in 1781. It established a weak central government and gave more power to the individual states. However, it proved to be ineffective in governing the nation and was eventually replaced by the Constitution.

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  • 7. 

    We the People ... 

    • A.

      Preamble to the Constitution

    • B.

      Articles of Confederation

    • C.

      Declaration of Independance

    • D.

      Article 4

    Correct Answer
    A. Preamble to the Constitution
    Explanation
    The correct answer is "Preamble to the Constitution" because it is the opening statement of the United States Constitution, which introduces the purpose and principles of the document. It outlines the goals of the government, such as establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty. The Preamble sets the tone for the Constitution and serves as a guiding principle for the interpretation and implementation of its provisions.

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  • 8. 

    Federal Gov't gets its power from

    • A.

      The People

    • B.

      The Constitution

    • C.

      Article 1 Section 9

    • D.

      Congress

    Correct Answer
    B. The Constitution
    Explanation
    The Constitution is the correct answer because it is the foundational document that outlines the powers and limitations of the federal government. It establishes the framework for the government and grants specific powers to different branches, such as Congress. The Constitution is considered the supreme law of the land and serves as a source of authority for the federal government. Without the Constitution, the federal government would not have the legal basis for its power and actions.

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  • 9. 

    Powers granted to the federal government by the Constitution:

    • A.

      Wage War

    • B.

      Regulate Interstate Commerce

    • C.

      All the Enumerated

    • D.

      Tax and Spend

    Correct Answer
    C. All the Enumerated
    Explanation
    The correct answer is "All the Enumerated." The powers granted to the federal government by the Constitution are referred to as enumerated powers. These powers are specifically listed in the Constitution and include the power to wage war, regulate interstate commerce, tax and spend, and more.

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  • 10. 

    Congress has the authority to enact laws that are convenient, useful, or conducive to carrying out an enumerated power.

    • A.

      Supremacy Clause

    • B.

      The 10th Amendment

    • C.

      Article 1 Section 9

    • D.

      Necessary and Proper Clause

    Correct Answer
    D. Necessary and Proper Clause
    Explanation
    The Necessary and Proper Clause, also known as the Elastic Clause, grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers. This clause is found in Article 1, Section 8 of the Constitution. It gives Congress the flexibility to enact laws that are convenient, useful, or conducive to the exercise of its enumerated powers. This allows Congress to adapt and address new situations or challenges that may arise, ensuring that it can effectively carry out its responsibilities.

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  • 11. 

    Powers granted to the federal government by the Constitution by which Amendment

    • A.

      10th Amendment

    • B.

      8th Amendment

    • C.

      1st Amendment

    • D.

      Pre-Amble to the Constitution

    Correct Answer
    A. 10th Amendment
    Explanation
    The 10th Amendment grants powers to the federal government as outlined in the Constitution. This amendment states that any powers not specifically given to the federal government are reserved for the states or the people. It acts as a safeguard to prevent the federal government from overstepping its boundaries and encroaching on the rights and powers of the states and the people.

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  • 12. 

    The Legislative Branch is defined in the 

    • A.

      2nd Amendment

    • B.

      Article 2

    • C.

      Article 1

    • D.

      Article 4

    Correct Answer
    C. Article 1
    Explanation
    The correct answer is Article 1. The Legislative Branch is defined in Article 1 of the United States Constitution. This article establishes the powers and structure of the legislative branch, which consists of the Congress. It outlines the qualifications and responsibilities of members of Congress, as well as the process for creating and passing laws. Article 1 also grants specific powers to Congress, such as the power to levy taxes, regulate commerce, and declare war.

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  • 13. 

    House of Representatives contains ______________ members

    • A.

      100

    • B.

      50

    • C.

      438

    • D.

      435

    Correct Answer
    D. 435
    Explanation
    The House of Representatives contains 435 members. This number is fixed and does not change. Each member represents a congressional district, and the total number of districts in the United States is 435. This ensures that each state is proportionally represented based on its population. Therefore, the correct answer is 435.

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  • 14. 

    The Executive Branch

    • A.

      Elected by the People

    • B.

      Article 1

    • C.

       Serves 6 year terms

    • D.

       Elected by the Electoral College

    Correct Answer
    D.  Elected by the Electoral College
    Explanation
    The correct answer is "Elected by the Electoral College." The explanation for this is that the Executive Branch, as stated in Article 1, is elected by the Electoral College. This means that the President and Vice President are not directly elected by the people, but rather by electors who are chosen by the people. These electors then cast their votes for the President and Vice President based on the popular vote in their respective states. This system was established by the Founding Fathers as a compromise between electing the President through a popular vote and having Congress select the President.

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  • 15. 

    Supreme Court has jurisdiction all the following EXCEPT:

    • A.

      Bankruptcy

    • B.

      Disputes between residents of different states where the mater in controversy exceeds $100,000

    • C.

       Patents

    • D.

      Admiralty and Maritime Law

    Correct Answer
    B. Disputes between residents of different states where the mater in controversy exceeds $100,000
    Explanation
    The Supreme Court has jurisdiction over bankruptcy cases, disputes involving patents, and cases related to admiralty and maritime law. However, it does not have jurisdiction over disputes between residents of different states where the matter in controversy exceeds $100,000. This means that if two individuals from different states are involved in a legal dispute and the amount in question is less than $100,000, the Supreme Court does not have the authority to hear the case.

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  • 16. 

    Habeas Corpus is defined in:

    • A.

      Article 1 Section 9

    • B.

      5th Amendment

    • C.

      Article 8

    • D.

      Bill of Rights

    Correct Answer
    A. Article 1 Section 9
    Explanation
    Habeas Corpus is defined in Article 1 Section 9. This section of the Constitution states that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas Corpus is a legal principle that protects individuals from unlawful detention and ensures that they have the right to challenge their imprisonment before a court of law. This definition is important in safeguarding individual liberties and preventing arbitrary detention by the government.

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  • 17. 

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated,

    • A.

      4th Amendment

    • B.

      5th Amendment

    • C.

      8th Amendment

    • D.

      Article 1

    Correct Answer
    A. 4th Amendment
    Explanation
    The correct answer is the 4th Amendment. The 4th Amendment protects individuals from unreasonable searches and seizures by prohibiting law enforcement from conducting searches without a warrant or probable cause. It ensures that people have the right to privacy and that their personal property cannot be searched or seized without proper justification. This amendment is an essential part of protecting citizens' civil liberties and preventing government intrusion.

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  • 18. 

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,...

    • A.

      5th Amendment

    • B.

      4th Amendment

    • C.

      Article 1

    • D.

      6th Amendment

    Correct Answer
    D. 6th Amendment
    Explanation
    The 6th Amendment guarantees the accused in a criminal prosecution the right to a speedy and public trial, by an impartial jury of the State and district where the crime was committed. This means that individuals have the right to a trial that is timely and open to the public, ensuring transparency and accountability in the judicial process. It also ensures that the trial is held in the same jurisdiction where the crime occurred, allowing the accused to be judged by a jury of their peers who are familiar with the local circumstances.

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  • 19. 

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    • A.

      1st Amendment

    • B.

      10th Amendment

    • C.

      4th Amendment

    • D.

      5th Amendment

    Correct Answer
    B. 10th Amendment
    Explanation
    The 10th Amendment to the United States Constitution states that any powers that are not specifically given to the federal government by the Constitution, and are also not prohibited to the states, are reserved for the states or the people. This means that any powers not explicitly granted to the federal government are left to the states to exercise. The 10th Amendment serves as a reminder of the division of powers between the federal government and the states, and helps to maintain a balance of power in the United States.

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  • 20. 

    The 13th, 14th and 15th Amendments are known as the

    • A.

      Re-Construction Amendments

    • B.

      Article 9

    • C.

      Re-Building Clause

    • D.

      Exclusionary Rules

    Correct Answer
    A. Re-Construction Amendments
    Explanation
    The 13th, 14th, and 15th Amendments are known as the Reconstruction Amendments because they were enacted during the period of Reconstruction in the United States after the Civil War. These amendments aimed to address the issues of slavery, citizenship, and voting rights for African Americans. The 13th Amendment abolished slavery, the 14th Amendment granted equal protection under the law and citizenship to all people born or naturalized in the US, and the 15th Amendment prohibited the denial of voting rights based on race or color. Together, these amendments played a crucial role in rebuilding and reshaping the nation after the Civil War.

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  • 21. 

    Due Process was extended to the States by:

    • A.

      Article 1

    • B.

      5th Amendment

    • C.

      8th Amendment

    • D.

      14th Amendment

    Correct Answer
    D. 14th Amendment
    Explanation
    The 14th Amendment extended Due Process to the States. This amendment, ratified in 1868, ensures that no state can deprive any person of life, liberty, or property without due process of law. It was enacted in response to the Civil War and aimed to protect the rights of newly freed slaves. The 14th Amendment has been interpreted by the courts to incorporate many of the protections in the Bill of Rights, including Due Process, making it applicable to state governments as well.

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  • 22. 

    Which is NOT a component of the 4th Amendment Analysis Process - Unreasonable Search and Seizure

    • A.

      Does the action constitute a search?

    • B.

      Was there a warrant?

    • C.

       Is there Reasonable Suspicion for a  Search Warrant

    • D.

      Was there a State Action?

    Correct Answer
    C.  Is there Reasonable Suspicion for a  Search Warrant
    Explanation
    The given answer, "Is there Reasonable Suspicion for a Search Warrant," is not a component of the 4th Amendment Analysis Process - Unreasonable Search and Seizure. The 4th Amendment analysis process includes determining if the action constitutes a search, if there was a warrant, and if there was a state action. Reasonable suspicion for a search warrant is not part of this analysis process.

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  • 23. 

    A state actor is NOT

    • A.

      A person who is acting on behalf of a Governmental Body

    • B.

      Any private person acting on the direction of the police.

    • C.

      Private police who are deputized.

    • D.

      A private security guard/loss prevention.

    Correct Answer
    D. A private security guard/loss prevention.
    Explanation
    A private security guard/loss prevention is not considered a state actor because they are not directly affiliated with a governmental body. While they may work in collaboration with law enforcement agencies, they do not have the same authority or legal standing as individuals who are acting on behalf of a governmental body. State actors typically have the power to enforce laws and exercise governmental authority, which private security guards do not possess.

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  • 24. 

    Test of Reasonable Expectation of Privacy

    • A.

      1- Does the person have a subjective expectation of privacy?

    • B.

      2 - Is the person's expectation that which society is prepared to accept as objectively reasonable?

    • C.

      Options 1 and 2

    Correct Answer
    C. Options 1 and 2
    Explanation
    The test of reasonable expectation of privacy involves two criteria. Firstly, it examines whether the person has a subjective expectation of privacy, meaning they believe that their privacy is protected in a certain situation. Secondly, it considers whether this expectation is objectively reasonable and aligns with societal norms. In order for an expectation of privacy to be considered reasonable, it must meet both criteria. Therefore, the correct answer is options 1 and 2.

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  • 25. 

    The area around a home that is placed in the home's "umbrella" of 4th Amendment protection.

    • A.

      Open Fields

    • B.

      Area extending 50 feet from the perimeter of a home

    • C.

      May be searched without a warrant

    • D.

      Curtilage

    Correct Answer
    D. Curtilage
    Explanation
    Curtilage refers to the area immediately surrounding a home that is considered part of the home's premises and is protected by the 4th Amendment. This includes areas such as the front yard, backyard, and any other areas that are closely connected to the home and are used for intimate activities. Unlike open fields, which are not protected by the 4th Amendment and can be searched without a warrant, curtilage is given the same level of protection as the home itself. Therefore, a search of the curtilage generally requires a warrant, unless an exception to the warrant requirement applies.

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  • 26. 

    The 4th Amendment requires that a warrant: Choose INCORRECT choice:

    • A.

      Be based upon Reasonable Suspicion

    • B.

      Be issued by a Neutral and Detached Magistrate

    • C.

      Detail with specificity the Person, Place, and Thing to be Searched or Seized.

    • D.

      Have an Expiration

    Correct Answer
    A. Be based upon Reasonable Suspicion
    Explanation
    The 4th Amendment requires that a warrant be based upon probable cause, not reasonable suspicion. Reasonable suspicion is a lower standard of suspicion that allows law enforcement officers to briefly detain someone for further investigation. Probable cause, on the other hand, is a higher standard that requires a reasonable belief that a crime has been or is being committed, and is necessary for obtaining a search warrant. Therefore, the incorrect choice is "Be based upon Reasonable Suspicion."

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  • 27. 

    A search warrant gives authorization to search persons present?

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    A search warrant does not give authorization to search persons present. Instead, it grants the authority to search specific locations or premises, such as a house, vehicle, or office space. While a search warrant allows law enforcement to search for and seize evidence within the designated area, it does not grant them the power to search individuals unless they have probable cause or a separate warrant specifically authorizing a person search. Therefore, the statement "A search warrant gives authorization to search persons present" is false.

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  • 28. 

    Persons present during execution of a search warrant can be detained?

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    During the execution of a search warrant, it is possible for persons present to be detained. This is because when a search warrant is being carried out, law enforcement officers have the authority to detain individuals who are present at the location if they have reasonable suspicion that those individuals may pose a threat to the safety of the officers or if they believe those individuals may be involved in criminal activity. Detaining individuals during the execution of a search warrant helps to maintain the safety and integrity of the search process.

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  • 29. 

    A good faith mistake invalidates a search warrant. Maryland v Garrison (1987)

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    In the case of Maryland v Garrison (1987), the Supreme Court held that a good faith mistake does not necessarily invalidate a search warrant. The Court ruled that as long as the mistake was made in good faith and was objectively reasonable, the evidence obtained from the search could still be admissible. Therefore, the correct answer is False, as a good faith mistake does not automatically invalidate a search warrant.

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  • 30. 

    If police illegally obtain evidence, but can show that it would have been legally discovered at a later time anyway, the evidence is admissible. 

    • A.

      Inevitable Discovery Doctrine

    • B.

      Independent Source Doctrine

    • C.

      Inadequate Causal Connection Doctrine

    • D.

      Exclusionary Rule

    Correct Answer
    A. Inevitable Discovery Doctrine
    Explanation
    The Inevitable Discovery Doctrine states that if the police can demonstrate that evidence would have been legally discovered at a later time, even if it was initially obtained illegally, then the evidence is admissible in court. This doctrine allows for the admission of evidence that would have inevitably been discovered through legal means, regardless of any illegal methods used to obtain it initially.

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  • 31. 

    Even where an unreasonable search or seizure results in evidence, if the evidence is also discovered in a separate way, without of police misconduct, it will be admissible.

    • A.

      Inevitable Discovery Doctrine

    • B.

      Inadequate Causal Connection Doctrine

    • C.

      Independent Source Doctrine

    • D.

      False

    Correct Answer
    C. Independent Source Doctrine
    Explanation
    The Independent Source Doctrine states that if evidence is discovered through an independent and untainted source, it can still be admissible in court, even if it was initially obtained through an unreasonable search or seizure. This means that if the evidence is later discovered through a separate and lawful means, without any involvement of police misconduct, it can still be used as evidence in court proceedings. This doctrine helps to ensure that evidence obtained illegally does not automatically become inadmissible if it can be shown that it would have been discovered through legal means anyway.

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  • 32. 

    Time between unlawful action (by police) and discovery of evidence, Example: Bad Interrogation occurs, suspect leaves and comes back two days later and confesses to crime due to guilty conscience. 

    • A.

      Inevitable Discovery Doctrine

    • B.

      2 to 3 Hours deemed resonable

    • C.

      Independent Source Doctrine

    • D.

      Inadequate Causal Connection Doctrine

    Correct Answer
    D. Inadequate Causal Connection Doctrine
    Explanation
    The Inadequate Causal Connection Doctrine suggests that there is a lack of direct cause and effect relationship between the unlawful action (bad interrogation) and the discovery of evidence (confession). In this case, the suspect left and came back two days later to confess due to a guilty conscience, which indicates that the confession was not a direct result of the unlawful action. Therefore, the Inadequate Causal Connection Doctrine would apply in this situation.

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  • 33. 

    When does a seizure occur?  When in view of all of the circumstances surrounding the incident, a reasonable person in that situation would not "feel free to decline the officer's requests or otherwise terminate the encounter." 

    • A.

      None of the choices 

    • B.

       and there has been an attempt at physical restraint (even if unsuccessful).

    • C.

      Or the person acquiesces.

    • D.

      And the person acquiesces or there has been an attempt at physical restraint (even if unsuccessful).

    Correct Answer
    D. And the person acquiesces or there has been an attempt at physical restraint (even if unsuccessful).
    Explanation
    A seizure occurs when a person acquiesces or there has been an attempt at physical restraint (even if unsuccessful). This means that a seizure can happen if the person willingly complies with the officer's requests or if there is an unsuccessful attempt to physically restrain them. In both cases, the person's freedom to decline the officer's requests or terminate the encounter is compromised, leading to a seizure.

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  • 34. 

    A Voluntary Contact is never a:

    • A.

      Reasonable

    • B.

      Investigative Stop

    • C.

      Seizure

    Correct Answer
    C. Seizure
    Explanation
    A voluntary contact is a situation where a police officer approaches an individual in a non-coercive manner to ask questions or engage in conversation. It is not considered a seizure because the person is free to leave or end the interaction at any time without any legal consequences. A seizure, on the other hand, occurs when a person's freedom of movement is restricted by the police, such as through physical force or the display of authority. Therefore, a voluntary contact cannot be considered a seizure.

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  • 35. 

    Prior to an Investigative Stop... 

    • A.

      Police must have reasonable suspicion

    • B.

      Police must have probable cause

    • C.

      Police may search person

    • D.

      Police may use force 

    Correct Answer
    A. Police must have reasonable suspicion
    Explanation
    Prior to an investigative stop, police must have reasonable suspicion. This means that they must have a specific and articulable reason to believe that a person is engaged in criminal activity or about to engage in criminal activity. This requirement is based on the Fourth Amendment of the United States Constitution, which protects individuals from unreasonable searches and seizures. Reasonable suspicion is a lower standard than probable cause, which is required for a full arrest or search. It allows police to briefly detain and question a person in order to investigate further and determine if there is enough evidence to establish probable cause.

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  • 36. 

    How long is reasonable to detain persons during a search warrant?

    • A.

      Four hours is maximum

    • B.

      Any length of time

    • C.

      Two to Three hours have been deemed reasonable

    • D.

      15 to 20 minutes

    Correct Answer
    C. Two to Three hours have been deemed reasonable
    Explanation
    The correct answer is that two to three hours have been deemed reasonable to detain persons during a search warrant. This time frame allows law enforcement officers enough time to conduct a thorough search and gather evidence while also respecting the rights and freedoms of the individuals being detained. It strikes a balance between the need for thorough investigation and the need to prevent unnecessary and prolonged detention.

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  • 37. 

    Which is NOT a type of police contact with a citizen:

    • A.

      Standing on a street corner

    • B.

      Voluntary Contacts

    • C.

      Investigative Stops

    • D.

      Arrests

    Correct Answer
    A. Standing on a street corner
    Explanation
    Standing on a street corner is not a type of police contact with a citizen because it does not involve any direct interaction or engagement between the police and the citizen. It is a passive observation or presence of the police in a public space, which does not necessarily involve any communication or action towards a specific individual. In contrast, voluntary contacts, investigative stops, and arrests all involve active engagement by the police with a citizen, either through conversation, questioning, or physical restraint.

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  • 38. 

    Factors that, standing alone, may justify a stop include the following except:

    • A.

      Personal knowledge of suspect

    • B.

      Suspect's statements

    • C.

      Race

    • D.

      Hand to hand movement

    Correct Answer
    C. Race
    Explanation
    The correct answer is race. This means that race alone cannot be used as a justification for a stop. Factors such as personal knowledge of the suspect, the suspect's statements, and hand to hand movement can be considered as valid justifications for a stop, but race should not be used as a determining factor.

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  • 39. 

    Factors that may impact use of force during a stop include all the following except:

    • A.

      Seriousness of the crime

    • B.

      Nervousness of police officer

    • C.

      Strength of facts

    • D.

      Facts pointing to armed and dangerous

    Correct Answer
    B. Nervousness of police officer
    Explanation
    The factors that may impact the use of force during a stop include the seriousness of the crime, strength of facts, and facts pointing to armed and dangerous individuals. However, the nervousness of a police officer is not a relevant factor that should impact the use of force. Nervousness alone should not be a justification for the use of force, as it may lead to unnecessary and excessive force being used. The use of force should be based on objective factors such as the severity of the situation and the level of threat posed by the individual.

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  • 40. 

    A frisk is lawful where the officer has independent probable cause that the suspect is armed and dangerous.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    A frisk is not lawful solely based on the officer's independent probable cause that the suspect is armed and dangerous. A frisk, also known as a pat-down search, is only lawful if the officer has reasonable suspicion that the suspect is armed and poses a threat to the officer's safety or the safety of others. Probable cause is a higher standard than reasonable suspicion, so the statement is false.

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  • 41. 

    Which is NOT a factor that may be used to articulate reasonable suspicion to frisk for weapons

    • A.

      Officer safety

    • B.

      Criminal record or reputation for violence

    • C.

      Bulge in clothing

    • D.

      High crime neighborhood

    Correct Answer
    A. Officer safety
    Explanation
    Officer safety is not a factor that may be used to articulate reasonable suspicion to frisk for weapons. While officer safety is an important consideration, it is not a specific factor that can justify a frisk for weapons. Reasonable suspicion to frisk for weapons may be based on factors such as observing a bulge in clothing, knowledge of a suspect's criminal record or reputation for violence, or being in a high crime neighborhood. However, officer safety alone is not sufficient to justify a frisk for weapons.

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  • 42. 

    "An officer's sense of touch may provide probable cause to seize an item of contraband during a frisk, but only if the nature of the object is immediately apparent to the officer during the frisk."

    • A.

      Limitation of Frisk

    • B.

      Exclusionary Rule

    • C.

      Plain Feel Doctrine

    • D.

      Voluntary Compliance

    Correct Answer
    C. Plain Feel Doctrine
    Explanation
    The Plain Feel Doctrine allows an officer to seize an item of contraband during a frisk if the nature of the object is immediately apparent to the officer through their sense of touch. This means that if an officer feels an object during a frisk and can immediately determine that it is contraband, they are allowed to seize it based on probable cause. This doctrine is a limitation of the frisk procedure and is an exception to the exclusionary rule, which generally prohibits the use of evidence obtained in violation of the Fourth Amendment.

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  • 43. 

    Suspicion-less investigative stops and frisks are

    • A.

      Reasonable 

    • B.

      Allowed under Article 1 

    • C.

      Preemptively unreasonable

    • D.

      Always voluntary contacts

    Correct Answer
    C. Preemptively unreasonable
    Explanation
    Suspicion-less investigative stops and frisks refer to situations where law enforcement officers detain and search individuals without having any specific suspicion of criminal activity. These stops and frisks are considered preemptively unreasonable because they violate the Fourth Amendment's requirement of reasonable suspicion before conducting such searches. The term "preemptively" suggests that these actions are considered unreasonable even before they are carried out, as they lack the necessary legal justification.

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  • 44. 

    A _____________________ is used to record the names of individuals who remain after hours.

    • A.

      Visitor Log

    • B.

      Visitor Pass Form

    • C.

      Register of Unannounced Visitors

    • D.

      Visitor Register

    Correct Answer
    D. Visitor Register
    Explanation
    A visitor register is used to record the names of individuals who remain after hours. It serves as a log to keep track of visitors who are present in a facility outside of regular operating hours. This helps to ensure security and accountability by documenting the presence of individuals who may have access to the premises during non-business hours.

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  • 45. 

    Where probable cause exists, police are authorized to make warrant-less arrests:

    • A.

      For violations of Federal law or VA regulations

    • B.

      For all felonies, and for misdemeanors that occur in the officer's presence. 

    • C.

      For all offenses listed in Title 38 USC

    • D.

      For all felonies and misdemeanors 

    Correct Answer
    B. For all felonies, and for misdemeanors that occur in the officer's presence. 
    Explanation
    When probable cause exists, police are authorized to make warrant-less arrests for all felonies and for misdemeanors that occur in the officer's presence. This means that if the police have reasonable grounds to believe that a person has committed a felony or if they witness a misdemeanor being committed, they can make an arrest without obtaining a warrant. This allows law enforcement to take immediate action in situations where there is a clear violation of the law and ensures that individuals are held accountable for their actions.

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  • 46. 

    The touchstone of the use of deadly force is

    • A.

      Allowed if you use the force policy

    • B.

      Necessity

    • C.

      Probable suspicion of a felony where a person may be seriously injured or killed

    • D.

      Use reasonable force

    Correct Answer
    B. Necessity
    Explanation
    The correct answer is necessity. This means that the use of deadly force is justified only when it is necessary to prevent serious injury or death. It is not enough to have a probable suspicion of a felony or to simply follow the force policy. The key factor is whether the force used is necessary in the given situation.

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  • 47. 

    There is NO Reasonable Expectation of Privacy in all but which below

    • A.

      Trash

    • B.

      Dog Sniffs from the open areas surrounding Home

    • C.

      Pen Register

    • D.

      Public Behavior 

    Correct Answer
    B. Dog Sniffs from the open areas surrounding Home
    Explanation
    Dog sniffs from the open areas surrounding a home are the only option listed that do not fall under the category of "no reasonable expectation of privacy." Trash, pen registers, and public behavior are all areas where individuals generally do not have a reasonable expectation of privacy. However, dog sniffs from the open areas surrounding a home could potentially be considered a violation of privacy, as they involve the intrusion of a person's property by a third party. Therefore, this option is the exception to the others listed.

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  • 48. 

    Federal Rule of Criminal Procedure 41 requires a 

    • A.

      14 Day expiration date on warrants

    • B.

      Probable Cause for a warrant application

    • C.

      1,000 foot minimum altitude for areal searches

    • D.

      14 day notification of the use of a Search warrant excusal

    Correct Answer
    A. 14 Day expiration date on warrants
    Explanation
    Federal Rule of Criminal Procedure 41 requires a 14-day expiration date on warrants. This means that once a warrant is issued, it is only valid for a period of 14 days. After this time, the warrant expires and law enforcement officials cannot use it to conduct a search or make an arrest. This requirement ensures that warrants are not indefinitely valid and helps protect individuals' rights by preventing unnecessary and prolonged searches or arrests.

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  • 49. 

    The motor vehicle exception allows an officer to search a vehicle without a search warrant

    • A.

      As long as he or she has reasonable suspicion that evidence may be destoyed

    • B.

      As long as he or she has consent

    • C.

      As long as he or she has probable cause to believe that evidence or contraband is located in the vehicle.

    • D.

      With a search warrant

    Correct Answer
    C. As long as he or she has probable cause to believe that evidence or contraband is located in the vehicle.
    Explanation
    The motor vehicle exception allows an officer to search a vehicle without a search warrant as long as he or she has probable cause to believe that evidence or contraband is located in the vehicle. This means that if the officer has a reasonable belief, based on facts and circumstances, that there is evidence of a crime or illegal items in the vehicle, they can conduct a search without obtaining a warrant first. This exception recognizes the mobility of vehicles and the need for law enforcement to act quickly to prevent the destruction of evidence.

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  • 50. 

    All the listed options are prerequisites for the Plain View Exception except

    • A.

      No further intrusion or manipulation

    • B.

      Officer lawful presence

    • C.

      Item in Plain View

    • D.

      Officer obtains consent to look 

    Correct Answer
    D. Officer obtains consent to look 
    Explanation
    The Plain View Exception allows law enforcement officers to seize evidence without a warrant if they are lawfully present, the item is in plain view, and there is no further intrusion or manipulation. The officer obtaining consent to look is not a prerequisite for the Plain View Exception because if the officer already has consent, they would not need to rely on the Plain View Exception to seize the evidence.

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