To Purchase
this Complete Test Bank with Answers Click the link Below
https://tbzuiqe.com/product/criminal-procedure-for-the-criminal-justice-professional-12th-edition-by-john-n-ferdico-test-bank/
If face any problem or
Further information contact us At tbzuiqe@gmail.com
Sample Test
|
Chapter_03
1. The common law approach to applying the Fourth
Amendment to particular cases was to focus on whether _____.
|
|
a.
|
the subjective privacy rights of the individual had
been violated
|
|
|
b.
|
law enforcement used force during a search and/or
seizure
|
|
|
c.
|
the government agent intentionally violated the
constitutional protection
|
|
|
d.
|
there was a physical intrusion into a constitutionally
protected area
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
2. The change from viewing the
Fourth Amendment as law that protected property to a view that the law
protected persons was prompted by cases that concerned _____.
|
|
a.
|
standing to claim the protection
|
|
|
b.
|
vehicular stops and searches
|
|
|
c.
|
electronic surveillance
|
|
|
d.
|
public stops and pat-downs
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
3. The Katz v. United States (1967)
case is known for establishing that the Fourth Amendment protects _____.
|
|
a.
|
people, not places
|
|
|
b.
|
both drivers and passengers of a vehicle
|
|
|
c.
|
places, but not people
|
|
|
d.
|
neither people or places
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
4. The Katz v. United States (1967)
case _____.
|
|
a.
|
expanded Fourth Amendment protections
|
|
|
b.
|
did away with the idea of “reasonable expectation of
privacy”
|
|
|
c.
|
broadened search to include interference with
possessory interests
|
|
|
d.
|
restricted the ability of defendants to argue privacy
violations occurred
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
5. The U.S. Supreme Court has
defined a “search” to occur when _____.
|
|
a.
|
here is a meaningful interference with possessory
interests in property
|
|
|
b.
|
an individual has a subjective expectation of privacy
and the expectation of privacy has been infringed upon
|
|
|
c.
|
an individual has a subjective expectation of privacy
that society considers reasonable and the privacy expectation is infringed
|
|
|
d.
|
an officer collects any evidence against a person
regardless of circumstance
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
6. The police suspect that a store
is illegally selling illicit drug paraphernalia. A plain clothes detective
working undercover enters the store, purchases items, leaves the store, and
comes back with a search warrant for the store and an arrest warrant for the
store’s owner. In terms of the Fourth Amendment, the initial possession of
the goods by the police _____.
|
|
a.
|
constituted a search, but not a seizure
|
|
|
b.
|
constituted both a search and seizure
|
|
|
c.
|
did not constitute a search or a seizure
|
|
|
d.
|
constituted a seizure, but not a search
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
7. Which statement about the
concept of probable cause is true?
|
|
a.
|
The concept is strikingly similar to the “preponderance
of evidence” and “beyond a reasonable doubt” standards that are used in
court proceedings.
|
|
|
b.
|
Whether probable cause exists is determined by
considering only the subjective perceptions of the officer(s) involved.
|
|
|
c.
|
The concept of probable cause is a finely tuned
standard that has a precise understanding among those who use it.
|
|
|
d.
|
The concept deals with probability that evidence will
be found or that the individual committed an offense.
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
8. The preference that a search
and/or seizure be authorized by a warrant is based on the idea that _____.
|
|
a.
|
judgments should be made by a neutral and detached
individual
|
|
|
b.
|
police are not qualified to make probable cause
determinations
|
|
|
c.
|
courts may force police to take action when they
otherwise would not
|
|
|
d.
|
prosecutors may inadvertently encourage less than
honest behavior
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
9. An officer receives information
from dispatch that another jurisdiction is looking for a blue Ford Mustang
with Louisiana license plates and a large dent in the passenger side door.
The officer spots a car fitting this description. Which statement is true?
|
|
a.
|
The officer does not have justification to stop the car
and investigate further.
|
|
|
b.
|
The officer has justification to stop the car and
investigate because probable cause is based on the collective knowledge of
the police.
|
|
|
c.
|
The officer has justification to stop the car and
investigate because (s)he has personal knowledge of the crime.
|
|
|
d.
|
The officer has justification to stop the car and
investigate simply because the motor vehicle is being operated in the
jurisdiction of the officer.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
10. A patrol officer stops a car
and makes an arrest on the basis of information obtained from a bulletin that
officers in another jurisdiction are looking for the driver of a certain car
that was described in the bulletin. Assume that the information contained in
the bulletin was incorrect. Which statement would be true?
|
|
a.
|
The arrest would still be considered valid.
|
|
|
b.
|
The arresting officer is shielded from any civil
liability for false arrest.
|
|
|
c.
|
The arrest would still be valid and the officer is
shielded from any civil liability for false arrest.
|
|
|
d.
|
The arrest would not be valid and the officer is not
shielded from any civil liability for false arrest.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
11. Which of the following,
standing alone, can serve as the basis for probable cause?
|
|
a.
|
flight of a person from an area
|
|
|
b.
|
furtive conduct
|
|
|
c.
|
false or improbable answers to questions
|
|
|
d.
|
observation and evaluation of real or physical evidence
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
12. Which of the following,
standing alone, can serve as the basis for probable cause?
|
|
a.
|
an admission
|
|
|
b.
|
presence at a crime scene or a high crime area
|
|
|
c.
|
association with other known criminals
|
|
|
d.
|
past criminal conduct
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
13. The method of establishing
probable cause through the use of an informant’s information is often
referred to as the _____.
|
|
a.
|
informant method
|
|
|
b.
|
third party method
|
|
|
c.
|
indirect discovery method
|
|
|
d.
|
hearsay method
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
14. The cases of Aguilar v. Texas (1964)
and Spinelli v.
United States (1969) established a process for evaluating
probable cause based on informant information. According to this test, the
informant _____.
|
|
a.
|
need not be judged as credible
|
|
|
b.
|
cannot be a criminal
|
|
|
c.
|
must have a “sufficient basis” for the knowledge
|
|
|
d.
|
must have personally perceived the information
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
15. Following the decision
in Illinois v.
Gates (1983), _____.
|
|
a.
|
all states and the federal government have adopted the
totality of circumstances approach
|
|
|
b.
|
all states adopted totality of circumstances, but the
federal government retained the Aguilar-Spinelli criteria
|
|
|
c.
|
the totality of circumstances approach was subsequently
overruled
|
|
|
d.
|
some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of
their own state constitutions
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
16. A citizen contacts the local police
department and alleges that a particular person is dealing drugs out of his
home. The citizen states that (s)he thought the police should know, but that
(s)he does not “want to get involved by giving my name.” What information
would the officer need to state in the affidavit to satisfy the first prong
of Aguilar-Spinelli (basis
of knowledge)?
|
|
a.
|
The name of the high school student that purchased the
drugs.
|
|
|
b.
|
How, when, and where the informant obtained the
information.
|
|
|
c.
|
How, when, and where the drug dealer obtained the drugs
that were sold.
|
|
|
d.
|
The reasons to believe that the informant was providing
truthful information.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
17. Based on the Aguilar-Spinelli criteria,
in order to establish probable cause in a situation where informant
information is secondhand, the affidavit must _____.
|
|
a.
|
show how the third person knows the information
furnished to the informant
|
|
|
b.
|
show how the third person knows the information
furnished to the informant and why the information from the informant is
credible or reliable
|
|
|
c.
|
show how the third person knows the information
furnished to the informant and why the information, from both the informant
and the 3rd party, is credible or reliable
|
|
|
d.
|
show how the third person knows the information
furnished to the informant; why the information, from both the informant
and the 3rd party, is credible or reliable; and that the information could
not be obtained using any other method
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
18. Some courts require additional
information to establish the veracity/truthfulness of an ordinary citizen
informant if the citizen merely provides an anonymous tip. Which issue is a
primary factor, mentioned in the text (State
v. White, Ga. App. 1990), used by Georgia courts to assess the
veracity/truthfulness of an anonymous tip?
|
|
a.
|
the testimony of the officer receiving the tip as to
its credibility
|
|
|
b.
|
whether the information is from a “concerned citizen”
|
|
|
c.
|
whether the citizen had provided valid tips in the past
|
|
|
d.
|
whether the tipster had firsthand or secondhand
knowledge
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
19. When information from a
criminal informant is used, the name of the informant _____.
|
|
a.
|
must always be reported in the affidavit
|
|
|
b.
|
may not ever be reported in the affidavit
|
|
|
c.
|
need not be disclosed unless the informant information
is part of an agreement with the prosecutor in a pending criminal case
against the informant
|
|
|
d.
|
need not be disclosed if his or her credibility is
otherwise satisfactorily established
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
20. What is the most effective way
to assess reliability of a criminal informant’s information?
|
|
a.
|
the number of convictions his/her information has
produced
|
|
|
b.
|
the number of arrests his/her information has produced
|
|
|
c.
|
the accuracy of the past information provided by the
informant
|
|
|
d.
|
a positive assessment from the officer who obtained the
information
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
21. The term _____ means
strengthening or confirming the information supplied by the informant with
supporting information obtained by law enforcement officers.
|
|
a.
|
attenuation
|
|
|
b.
|
corroboration
|
|
|
c.
|
discovery
|
|
|
d.
|
verification
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
22. Reasons the U.S. Supreme Court
put into effect the totality of the circumstances test for assessing
informant information based on the Illinois
v. Gates (1983) decision include _____.
|
|
a.
|
the Aguilar-Spinelli criteria
were so flexible as to be nonsensical
|
|
|
b.
|
the fluidity of the concept of probable cause
|
|
|
c.
|
Aguilar-Spinelli made
it too easy to obtain a search warrant
|
|
|
d.
|
the need decision factors that could be used is all
cases
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
23. United States v. De Los
Santos, 810 F.2d 1326 (5th Cir. 1987) illustrates the _____.
|
|
a.
|
near-impossibility of satisfying the totality of
circumstances test
|
|
|
b.
|
willingness of police to use information that has
limited validity
|
|
|
c.
|
limited importance of obtaining corroborating
information
|
|
|
d.
|
continuing validity of the Aguilar-Spinelli two-
pronged test
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
24. Which concept is so important
that it has been referred to as the “touchstone” of the Fourth Amendment?
|
|
a.
|
the exclusionary rule
|
|
|
b.
|
privacy
|
|
|
c.
|
reasonableness
|
|
|
d.
|
probable cause
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
25. Which statement about the
concept of reasonableness, as it applies to Fourth Amendment inquiries, is
true?
|
|
a.
|
The term “correctness” can be substituted for
“reasonableness.”
|
|
|
b.
|
Reasonableness is determined on a case-by-case basis.
|
|
|
c.
|
Reasonableness is conservatively construed by the
courts.
|
|
|
d.
|
Reasonableness is the least important consideration.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
26. Select the most accurate
characterization of the U.S. Supreme Court’s current view toward the Aguilar-Spinelli two-prong
criteria.
|
|
a.
|
The criteria are a good reference point for analyzing
probable cause based on informant information, but the applicability to all
cases is limited.
|
|
|
b.
|
Rigid application of the criteria is the best way to
analyze probable cause based on informant information.
|
|
|
c.
|
The criteria are so outdated that the case is
completely useless in assessing probable cause.
|
|
|
d.
|
The criteria are a good ending point of the probable
cause analysis, but there are several steps that need to occur first.
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
27. The leading case on
corroboration of information provided by an informant is _____.
|
|
a.
|
Dawson v. State (1971)
|
|
|
b.
|
Spinelli v.
United States (1969)
|
|
|
c.
|
Aguilar v. Texas (1964)
|
|
|
d.
|
Illinois v.
Gates (1983)
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
28. After it has been determined
that a person has standing to make a Fourth Amendment claim and that a
“search” or “seizure” has occurred, the final inquiry is to find whether
_____.
|
|
a.
|
probable cause exists
|
|
|
b.
|
the exclusionary rule can be invoked
|
|
|
c.
|
there was a violation of privacy
|
|
|
d.
|
the search or seizure was reasonable
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
29. Which best characterizes the
concept(s) necessary for understanding the application of Fourth Amendment?
|
|
a.
|
privacy only
|
|
|
b.
|
privacy and reasonableness, only
|
|
|
c.
|
privacy and probable cause, only
|
|
|
d.
|
privacy, reasonableness, and probable cause
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
30. A law enforcement officer’s
perceptions that a crime is being committed in his or her presence clearly
provide _____ to arrest the person committing the crime.
|
|
a.
|
absolute suspicion
|
|
|
b.
|
reasonable suspicion
|
|
|
c.
|
absolute cause
|
|
|
d.
|
probable cause
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
31. When the police obtain a
handwriting or voice sample from a criminal suspect, this action constitutes
a seizure, thereby implicating the Fourth Amendment.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Define
|
|
|
32. A “search” occurs when an
expectation of privacy that society is prepared to recognize is
infringed.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
33. Warrantless police actions are
presumed to be unreasonable unless based on probable cause.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
34. The U.S. Supreme Court has a
strong preference that arrests and searches be authorized by a warrant.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
35. Assuming that no exception to
the warrant requirement is relevant, weaker evidence is more likely to
justify the issuance of a warrant than it is to justify a warrantless search
or arrest.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
36. When an officer’s experience
and expertise is relevant to the probable cause determination, the officer
must be able to explain sufficiently the basis of that opinion so that it
“can be understood by the average reasonably prudent person.”
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
37. The decision in Illinois v. Gates (1983)
completely overruled the Aguilar-Spinelli criteria
for establishing probable cause based on informant information .
|
ANSWER:
|
False
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
38. Ordinary citizen informants,
even when the tip is given anonymously, are always presumed credible
(trustworthy) and no further evidence of credibility need be stated in the
affidavit beyond their name and address and their status as a victim of, or
witness to, a crime.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
39. A criminal informant’s
credibility (veracity/truthfulness) must always be established by a statement
of underlying facts and circumstances.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
40. Other Fourth Amendment
considerations, such as warrants, reasonableness, exigency, and good faith,
are factors that are considered subservient to probable cause.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
41. In terms of applying the
privacy right that exists under the Fourth Amendment, the amendment is said
to protect __________, not __________.
|
ANSWER:
|
people; places
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
42. A seizure of property occurs
when there is some __________ with an individual’s possessory interests in
that property.
|
ANSWER:
|
meaningful interference
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
43. Probable cause to search means
that there is a __________ probability that contraband or evidence of a crime
will be found in a particular place.
|
ANSWER:
|
fair
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
44. Probable cause is evaluated by
examining the __________ of the police at the time of the arrest or search,
not merely the personal knowledge of the arresting or searching officer.
|
ANSWER:
|
collective knowledge
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
45. The Gates v. Illinois (1983)
decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor
of a __________ approach to determining probable cause.
|
ANSWER:
|
“totality of the circumstances”
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
46. A criminal informant’s
________is never presumed but must be established, usually by demonstrating
the informant’s track record of having given accurate information in the
past.
|
ANSWER:
|
credibility
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
47. The elements of the
__________ two-pronged test are important considerations in determining the
existence of probable cause based on informant testimony.
|
ANSWER:
|
Augilar-Spinelli
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
48. Information on which probable
cause is to be based may come to a law enforcement officer’s attention in two
possible ways: through the __________ own perceptions or through the
perceptions of a(n) __________who relays the information.
|
ANSWER:
|
officer’s; informant
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
49. Katz v. U.S. (1967) held that a
person’s Fourth Amendment rights are implicated wherever the person has an
expectation of __________which society is prepared to recognize as
reasonable.
|
ANSWER:
|
privacy
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
50. Third party information is
often referred to as ________.
|
ANSWER:
|
hearsay
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
51. Define the concept of
probable cause. Compare and contrast probable cause relating to search and
probable cause as it relates to arrest.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
52. The concept of probable cause
is ultimately based on the notion of objective expectation of privacy. This
is in in contrast to subjective expectation of privacy. Expound the
difference.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
53. Compare and contrast the
requirements for establishing probable cause on the basis of a citizen
informant versus a criminal informant.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
54. Compare and contrast the
requirements for establishing probable cause on the basis of an anonymous
informant versus a known informant. Explore the differences in risk for
liability for providing false information.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
55. Define the term
“reasonableness” as it relates to the Fourth Amendment inquiry. Explain the
standards used to assess reasonableness.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
56. Do you see any changes in how
“privacy” was viewed before and after Katz v. U.S. (1967)? Justify your
answer.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
57. Write the definition of
“search”. Write the definition of “seizure”. Demonstrate how there might be a
search without a seizure and vice versa.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
58. Explain the importance of
corroborating information from informants. Also, consider the distinctions
between known informants, unknown informants, criminal informants, and
citizen informants. Are the distinctions in how the law handles these different
types of informants justified? Why or why not?
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
59. Write a brief paragraph
explaining the importance of note-taking by an officer as the case
progresses.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Apply | Bloom’s: Evaluate
|
|
|
60. Name two indicators of
criminal activity that alone support probable cause. Compare and contrast
these two indicators of criminal activity with some other indicators that,
taken alone, do not support probable cause.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
Chapter_05
1. _____ concerns the use of scientific methods toward
the preservation, collection, and interpretation of digital evidence from
digital sources.
|
|
a.
|
Forensic computer information systems
|
|
|
b.
|
Computer forensics
|
|
|
c.
|
Electronic surveillance
|
|
|
d.
|
Computer science
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
2. The first phase of searches of
Electronically Stored Information (ESI) includes _____.
|
|
a.
|
entering the place(s) housing the devices on which data
are stored
|
|
|
b.
|
seizing the devices on which the data may be stored as
well as devices linked via networks
|
|
|
c.
|
examining the seized devices for the data described in
a warrant
|
|
|
d.
|
providing the devices to forensic computer specialists
who search for data described in a warrant
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.2
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
3. What term describes tools for hiding,
destroying, or counterfeiting the information relied on by digital forensics
experts?
|
|
a.
|
anti forensics
|
|
|
b.
|
Trojans
|
|
|
c.
|
wipes
|
|
|
d.
|
back doors
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
4. The exacting process of
computer forensic examination includes _____.
|
|
a.
|
read protecting the device
|
|
|
b.
|
connecting the computer to a network
|
|
|
c.
|
imaging the hard drive
|
|
|
d.
|
deconstructing the hard drive
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
5. In Berger v. New York (1967)
the issue was the constitutionality of a New York statute that authorized
electronic surveillance pursuant to a judicial warrant. In the case, the
Court:
|
|
a.
|
validated the law because the government had probable
cause and the intrusion was reasonably related to what the government was
looking for
|
|
|
b.
|
validated the law because it properly limited the
nature, scope, or duration of the electronic surveillance
|
|
|
c.
|
invalidated the law because the government did not
establish probable cause
|
|
|
d.
|
invalidated the law because it failed to properly limit
the nature, scope, or duration of the electronic surveillance
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
6. The term _____ transfer refers
to a transfer containing the human voice at any point between, and including,
the point of origin and the point of reception?
|
|
a.
|
aural
|
|
|
b.
|
electronic
|
|
|
c.
|
intercept
|
|
|
d.
|
oral
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
7. A _____ wiretap allows for
interception of a particular suspect’s communications wherever they are made,
dispensing with the normal requirement that interceptions be limited to a
fixed location.
|
|
a.
|
geographical
|
|
|
b.
|
roving
|
|
|
c.
|
non-specific
|
|
|
d.
|
roaming
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
Comments
Post a Comment