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Exam 5: Stop and Frisk and Stationhouse Detention

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Question 31

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In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, the Supreme Court ruled that: I. apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment. II. the use of deadly force to prevent the escape of all felony suspects, whatever the Circumstances, is constitutionally unreasonable. III. a police officer may not seize an unarmed, non dangerous suspect by shooting Him dead. IV. evidence seized from illegal use of deadly force is not admissible in criminal Cases.

A) I, II, III, IV
B) I, III
C) I, II, III
D) I, IV

E) B) and D)
F) B) and C)

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Question 32

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Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment seizure.

A) True
B) False

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Question 33

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Arrests are usually shorter in duration than stops.

Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

Arrests involve which of the following characteristics? I. short in duration II. need probable cause to support them III. usually involve removal to a police station IV. are followed by HIV testing

In regard to seizures, the Supreme Court in Payton v. New York held that the Fourth Amendment:

Full custodial arrest is not the most invasive type of arrest.

In order to be valid, arrest warrants must satisfy certain requirements; these requirements include: I. a neutral magistrate to determine probable cause to arrest. II. a sworn statement of facts supporting probable cause. III. identification of the specific time when the person will be arrested. IV. specific identification of the person to be arrested.

The majority of arrests:

Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:

Information known by police based on what they see, hear and smell is ______________.

The case of Payton v. New York (1980) dealt with the authority of police to make arrests at a suspect's home. The United States Supreme Court held that a police officer ordinarily: I. may enter into a suspect's home under any circumstances to make an arrest with or without a warrant. II. may enter into a suspect's home without an arrest warrant to make an arrest if the arrest is for a felony. III. may make an entry into the home of a suspect to make a warrantless arrest if There is evidence beyond a reasonable doubt that the suspect is guilty. IV. is prohibited from making a warrantless, non-consensual entry into a Suspect's home to make a routine felony arrest unless exigent circumstances Excuse the lack of a warrant.

According to the U.S. Supreme Court, so long as officers have probable cause, they do not need to obtain prior judicial approval to make an arrest in a public place.

Which of the following constitute exigent circumstances that would allow police to enter a home without a warrant to arrest a suspect? I. reasonable belief the suspect in the home is armed II. likelihood the suspect would escape if not arrested quickly III. police are chasing a fleeing felon who enters a home IV. police have reason to believe the suspect is dangerous to others in the home

Whether police used excessive force in making a nondeadly force arrest is measured by an objective standard.

After an arrest, which of the following do the police not commonly do?

In Draper v. United States, the Supreme Court found that information that may not be admissible at trial to prove guilt could still be used to establish probable cause.

An officer's subjective, honest belief that a crime has been committed is enough to support probable cause to arrest.

Probable cause deals with: