Questions and Answers
The Fourth Amendment governs arrests.
True
An arrest must be supported by probable cause.
True
In some states, a citizen has the power to detain a person who has committed a crime.
True
A police officer must physically touch a person before he or she is considered under arrest.
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A person is under arrest when he or she believes that an arrest has occurred.
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The degree of proof needed for probable cause is the same as required to prove a person guilty of the crime.
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Probable cause is required when an officer briefly detains a person.
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In some situations, a police officer is authorized to actually pat down the outer clothing of an individual he has briefly detained.
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There is a preference at law for a warrant over warrantless arrests and seizures.
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An officer has a search warrant authorizing the seizure of narcotics. He finds evidence of another crime during the search and is permitted to seize it.
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What is the standard that law enforcement must show to justify an arrest?
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In which of the following scenarios is probable cause not required?
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All of the following are considered to be specific acts that can give rise to probable cause, except:
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Which of the following are considered to be specific acts that can give rise to probable cause? (Select all that apply)
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What is true about Danny, an off-duty police officer, who sees a man parked outside a closed jewelry store and cuffs him based on a gut feeling?
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What is not an exception to the search warrant requirement?
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All of the following are exceptions to the search warrant requirement, except:
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Is the search of Carl at the U.S. border valid due to the drug-sniffing dog's indication?
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Do police have sufficient probable cause for a search when they use a special camera to monitor Carl's basement?
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A search warrant can become 'stale' and no longer legally effective when:
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Is the seizure of marijuana in an employee's locker constitutional when Danny discovers it under a vague warrant?
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Can Carl walk away after Danny tells him he doesn't like his answers?
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Study Notes
Fourth Amendment and Arrests
- The Fourth Amendment governs arrests and protects against unreasonable searches and seizures.
- Arrests must be supported by probable cause, which is a higher standard than mere suspicion.
- In certain states, citizens may have the authority to detain individuals committing a crime.
Nature of Arrests
- Physical contact by a police officer is not required for an arrest to be valid.
- A person's belief about being under arrest does not alone constitute an arrest.
- The evidentiary standard for probable cause is lower than that required for a conviction.
Detention Standards
- Reasonable suspicion is sufficient for a temporary detention, not probable cause.
- Officers can conduct pat-downs of outer clothing if they articulate a safety concern.
Search and Seizure Protocols
- Legal preference exists for obtaining a warrant before conducting arrests or searches.
- Evidence of a crime that is discovered during a lawful search can be seized, even if not outlined in the warrant.
Probable Cause Parameters
- The standard to justify an arrest is based on probable cause.
- Consent elimination is a scenario where probable cause is not required for searches.
- Specific acts that can create probable cause include police observations and tips from citizens, but prior run-ins with a suspect do not count.
Arrest Legality Scenarios
- An off-duty officer cannot make an arrest based solely on a hunch; strong evidence or probable cause is necessary.
- Administrative searches do not fall under exceptions to the search warrant requirement.
Validity of Searches
- Evidence obtained from discarded items, items dropped by fleeing suspects, and valid consent are exceptions to the warrant requirement.
- A search prompted by a drug-sniffing dog's indication is valid when probable cause is established.
- Evidence gathered through privacy violations, such as using special surveillance tools without consent, can invalidate probable cause.
Timeliness and Specificity of Warrants
- A search warrant can become stale if too much time elapses since its issuance.
- Warrants must be specific; vague warrants lead to the unconstitutionality of the evidence seized during the search.
Rights During Interrogation
- Individuals can leave when not formally arrested, even if police express dislike for their responses.
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Description
This practice quiz focuses on Chapter 2 of paralegal studies, which covers essential concepts of search and seizure under the Fourth Amendment. Test your knowledge on key topics such as probable cause and citizen detention powers. Perfect for students preparing for their paralegal licensing exams.
