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    1 Student: ___________________________________________________________________________ 1. The first modern detective force was A. the Bow Street Runners. B. established by the Metropolitan Police Act of 1829. C. created by Patrick Colquhoun. D. headed by attorney Howard Vincent. 2. When the London Metropolitan Police force was established in 1829, the British public was at first suspicious and at times even hostile towards it because A. King Edward II had supported its creation. B. Rowan and Mayne had intimate ties to the royal family. C. social reformers such as Jeremy Bentham had long argued that it was a danger to personal liberty. D. French citizens had experienced oppression under centralized police. 3. In 1833, _______ an ordinance creating America's first paid, daylight police force? A. Philadelphia B. Chicago C. New York City D. Baltimore 4. After the Civil War, Pinkerton's National Detective Agency engaged in the two broad areas of ___________? A. Locating war criminals and providing protection to the President of the United States. B. Controlling a discontented working class and protection of the President of the United States. C. Pursuing bank robbers and arresting train robbers. D. Controlling a discontented working class and pursuing bank and railroad robbers. 5. Which state and city was the first to create a unified police force in this country? A. New Orleans, LA. B. New York, NY. C. Baltimore, MD. D. Philadelphia, PA 6. Which of the following is not one of the reasons cited in the textbook for having reliable detectives in American the 1800's? A. Graft and corruption were common among America's big city police officers. B. Police jurisdictions were limited. C. There was little information sharing among police departments. D. All of the above are reasons cited in the textbook. 7. A rogues' gallery is A. only practical in cities of 100,000 population or more. B. photographs of known criminals arranged by criminal specialty and height. C. a line-up of known offenders for viewing by detectives so they can recognize the criminals later on the street. D . only practical in cities of 100,000 population or more and are photographs of known criminals arranged by criminal specialty and physical height. 8. What was the original mission of the Secret Service when created by Congress in 1865? A. Combat counterfeiting. B. Provide protection for Presidents. C. Prevent drug importation into this country. D. All of the preceding was addressed in the Secret Service's original Charter.

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    9. What municipal agency was the first to establish a Criminal Identification Bureau? A. Chicago, Ill. B. Atlanta, GA. C. Philadelphia, PA. D. New Orleans, LA. 10. Which agency was the prototype for modern state police organizations? A. New York State Police. B. Georgia State Police. C. Pennsylvania State Police. D. Pinkerton International Detective Agency. 11. The Harrison Act of 1914 mad the distribution of nonmedical drugs a crime. The agency currently charged with enforcing its provisions is ________________. A. Federal Bureau of Investigations B. Narcotics Bureau C. Drug Enforcement Agency D. Bureau of Narcotics and Dangerous Drugs 12. During 1961-1966, the U.S. Supreme Court became unusually active in hearing cases involving the rights of criminal suspects and defendants. This is referred to as the ____________ A. radical court era. B. conservative court era. C. due process revolution. D. ex-post facto period. 13. The first major book describing the application of scientific disciplines to criminal investigation was written in 1893 by Hans Gross. Translated into English in 1906, it remains highly respected today as a seminal work in the field. What is the book's title? A. Criminal Investigation . B. The Scientific Method of Criminal Inquiry . C. Science and Criminal Conduct . D. Forensic Science and Crime . 14. What early method of criminal identification is based on the fact that every human being differs from every other one in the exact measurements of their body, and that the sum of these measurements yields a characteristic formula for each individual? A. Dactylography. B. Ectomorphism. C. Anthropometry. D. Meso-morphism. 15. The father of criminal identification is: A. Hans Gross. B. Alfonse Bertillon. C. Edward Henry. D. William Herschel. 16. The first country to use fingerprints as a system of criminal identification was: A. Germany. B. France. C. China. D. England. 17. Which 1903 case was the most important incident to advance the use of fingerprints in America? A. Lindberg kidnapping. B. "James Jones." C. West. D. Faurot.

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    18. In 1985, research by ______________ and his colleagues at Leicester University, England led to the discovery that portions of the DNA structure of certain genes are as unique to individuals, as are fingerprints. A. Watson B. Ashworth C. Crick D. Jeffreys 19. What is the significance of the Enderby Cases that are referred to in the textbook? A. It proved without a doubt that DNA results were unreliable in court. B. The first use of DNA to exonerate a person convicted of the rape of two persons. C. The first use of DNA typing in a criminal trial. D. Both B and C. 20. The Palo Verde case is significant because it _______________ A. excluded evidence due to improper police training. B. was the first use of plant DNA in a criminal case. C. established the scientific basis for dactylography. D. confirmed Gravelle's Principal. 21. _______________________ is considered most responsible for raising firearms identification to a science and for perfecting the bullet comparison microscope? A. Paul Jeserich. B. Henri Lacassagne. C. Henry Balthazard. D. Calvin Goddard. 22. Who made the first successful attempt to identify a murderer from the bullet recovered from the body of a victim? A. Paul Jeserich. B. Henri Lacassagne. C. Henry Balthazard. D. Henry Goddard. 23. The impact of Supreme Court decisions in criminal investigation cases and the adaptation to them by the police has A. slowed police professionalization. B. hastened police professionalization. C. had no effect on the police. D. handcuffed the police. 24. Which of the following is not one of the three major scientific systems for personal identification of criminals in wide use? A. Anthropometry. B. Dactylography. C. Ectomorphism. D. Deoxyribonucleic acid. 25. In 1892, who published the first definitive book on dactylography, Finger Prints? A. Sir Francis Galton. B. Henri Lacassagne. C. Henry Balthazard. D. Calvin Goddard. 26. Criminalistics draws from diverse disciplines, such as geology, physics, chemistry, biology, and mathematics, to study physical evidence related to crime. True False

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    27. The Metropolitan Police act was enacted in 1829, the first time it was introduced in England's Parliament. True False 28. Pinkerton's National Detective Agency's trademark was an open eye above the slogan "We are ever Vigilant." True False 29. After Prohibition was adopted nationally in 1920, the Bureau of Internal Revenue was responsible for its enforcement. True False 30. When Prohibition was repealed by the 18 th Amendment to the U.S. Constitution in 1933, many former bootleggers turned to bank robbery and kidnapping. It then became the FBI's role to deal with the criminals. True False 31. The Bureau of Narcotics and Dangerous Drugs was an offshoot organization from the Drug Enforcement Administration that was formed to handle national terroristic drug use. True False 32. Bertillon produced the portrait parle ' or "speaking picture," which combines full-face and profile photographs of each criminal with his or her exact body measurements and other descriptive data onto a single card. True False 33. Without exception, every person has distinctive DNA. In every cell of the same human that contains DNA, this blueprint is identical, whether the material is blood, tissue, spermatozoa, bone marrow, tooth pulp, or a hair root cell. True False 34. The Orlando Cases set the stage for the first use of DNA typing in the United States. True False 35. In 1913, Professor Balthazard published an article on firearms identification in which he noted that the firing pin, extractor, and ejector all leave marks on cartridges, and that they vary among weapons. True False 36. ________ efforts led to the establishment of the London Metropolitan Police in 1829. English police officers are still affectionately referred to as "bobbies," a play on his first name. ________________________________________ 37. Stephen Girard bequeathed $33,190 to ________ to develop a competent police force. ________________________________________ 38. The major private detective agency of the 19 th century was formed by _______. ________________________________________ 39. To supplement the rogues' gallery, Thomas Byrnes instituted the ________ where at 9 o'clock every morning; all criminals arrested in the past 24 hours were marched before his detectives who were expected to make notes and to recognize the criminals later. ________________________________________ 40. In 1967, the ________ was made operational by the FBI, providing data on wanted persons and property stolen from all 50 states. ________________________________________ 41. The ________ revolution and subsequent Supreme Court decisions changed questionable and improper police procedures and tactics. ________________________________________

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    42. All crime scenes are searched on the basis of Edmond Locard's _______, which asserts that when perpetrators come into contact with the scene, they will leave something of themselves and take away something from the scene. ________________________________________ 43. The first foreigner trained in the use of the Henry classification system was New York City Detective ________ in 1904. ________________________________________ 44. The ________ Cases involved blood samples from about 5,500 men living in the area for DNA typing in an attempt to identify a rape suspect. ________________________________________ 45. ________ helped produce the first workable polygraph in 1921 and established America's first full forensic laboratory in Los Angeles in 1923. ________________________________________ 46. Who were the Bow Street Runners and of what historical importance are they? 47. Why did the British public object to the use of detectives following the Metropolitan Police Act of 1829? 48. Why did the office of detective in this country initially evolve in the private sector? 49. What parallels can be drawn between Allan Pinkerton and J. Edgar Hoover?

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    50. What did the "due process revolution" and subsequent Supreme Court decisions change with respect to the police? 51. What are the milestones in the development of dactylography? 52. Why does the Henry classification enjoy greater use than Vucetich's system? 53. What are seven different human sources of DNA material identified in this chapter? 54. Of what significance is the palo verde seedpod case in Phoenix, Arizona? 55. What are the milestones in the development of firearms identification?

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    1 Key 1. (p. 3) The first modern detective force was A. the Bow Street Runners. B. established by the Metropolitan Police Act of 1829. C. created by Patrick Colquhoun. D. headed by attorney Howard Vincent. Swanson - Chapter 01 #1 2. (p. 3) When the London Metropolitan Police force was established in 1829, the British public was at first suspicious and at times even hostile towards it because A. King Edward II had supported its creation. B. Rowan and Mayne had intimate ties to the royal family. C. social reformers such as Jeremy Bentham had long argued that it was a danger to personal liberty. D. French citizens had experienced oppression under centralized police. Swanson - Chapter 01 #2 3. (p. 3-4) In 1833, _______ an ordinance creating America's first paid, daylight police force? A. Philadelphia B. Chicago C. New York City D. Baltimore Swanson - Chapter 01 #3 4. (p. 4) After the Civil War, Pinkerton's National Detective Agency engaged in the two broad areas of ___________? A. Locating war criminals and providing protection to the President of the United States. B. Controlling a discontented working class and protection of the President of the United States. C. Pursuing bank robbers and arresting train robbers. D. Controlling a discontented working class and pursuing bank and railroad robbers. Swanson - Chapter 01 #4 5. (p. 4) Which state and city was the first to create a unified police force in this country? A. New Orleans, LA. B. New York, NY. C. Baltimore, MD. D. Philadelphia, PA Swanson - Chapter 01 #5 6. (p. 4) Which of the following is not one of the reasons cited in the textbook for having reliable detectives in American the 1800's? A. Graft and corruption were common among America's big city police officers. B. Police jurisdictions were limited. C. There was little information sharing among police departments. D. All of the above are reasons cited in the textbook. Swanson - Chapter 01 #6 7. (p. 6) A rogues' gallery is A. only practical in cities of 100,000 population or more. B. photographs of known criminals arranged by criminal specialty and height. C. a line-up of known offenders for viewing by detectives so they can recognize the criminals later on the street. D . only practical in cities of 100,000 population or more and are photographs of known criminals arranged by criminal specialty and physical height. Swanson - Chapter 01 #7

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    8. (p. 6) What was the original mission of the Secret Service when created by Congress in 1865? A. Combat counterfeiting. B. Provide protection for Presidents. C. Prevent drug importation into this country. D. All of the preceding was addressed in the Secret Service's original Charter. Swanson - Chapter 01 #8 9. (p. 6) What municipal agency was the first to establish a Criminal Identification Bureau? A. Chicago, Ill. B. Atlanta, GA. C. Philadelphia, PA. D. New Orleans, LA. Swanson - Chapter 01 #9 10. (p. 611.) Which agency was the prototype for modern state police organizations? A. New York State Police. B. Georgia State Police. C. Pennsylvania State Police. D. Pinkerton International Detective Agency. Swanson - Chapter 01 #10 11. (p. 8) The Harrison Act of 1914 mad the distribution of nonmedical drugs a crime. The agency currently charged with enforcing its provisions is ________________. A. Federal Bureau of Investigations B. Narcotics Bureau C. Drug Enforcement Agency D. Bureau of Narcotics and Dangerous Drugs Swanson - Chapter 01 #11 12. (p. 8-9) During 1961-1966, the U.S. Supreme Court became unusually active in hearing cases involving the rights of criminal suspects and defendants. This is referred to as the ____________ A. radical court era. B. conservative court era. C. due process revolution. D. ex-post facto period. Swanson - Chapter 01 #12 13. (p. 9) The first major book describing the application of scientific disciplines to criminal investigation was written in 1893 by Hans Gross. Translated into English in 1906, it remains highly respected today as a seminal work in the field. What is the book's title? A. Criminal Investigation . B. The Scientific Method of Criminal Inquiry . C. Science and Criminal Conduct . D. Forensic Science and Crime . Swanson - Chapter 01 #13 14. (p. 9) What early method of criminal identification is based on the fact that every human being differs from every other one in the exact measurements of their body, and that the sum of these measurements yields a characteristic formula for each individual? A. Dactylography. B. Ectomorphism. C. Anthropometry. D. Meso-morphism. Swanson - Chapter 01 #14 15. (p. 9) The father of criminal identification is: A. Hans Gross. B. Alfonse Bertillon. C. Edward Henry. D. William Herschel. Swanson - Chapter 01 #15

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    16. (p. 11) The first country to use fingerprints as a system of criminal identification was: A. Germany. B. France. C. China. D. England. Swanson - Chapter 01 #16 17. (p. 11-12) Which 1903 case was the most important incident to advance the use of fingerprints in America? A. Lindberg kidnapping. B. "James Jones." C. West. D. Faurot. Swanson - Chapter 01 #17 18. (p. 12) In 1985, research by ______________ and his colleagues at Leicester University, England led to the discovery that portions of the DNA structure of certain genes are as unique to individuals, as are fingerprints. A. Watson B. Ashworth C. Crick D. Jeffreys Swanson - Chapter 01 #18 19. (p. 13) What is the significance of the Enderby Cases that are referred to in the textbook? A. It proved without a doubt that DNA results were unreliable in court. B. The first use of DNA to exonerate a person convicted of the rape of two persons. C. The first use of DNA typing in a criminal trial. D. Both B and C. Swanson - Chapter 01 #19 20. (p. 14) The Palo Verde case is significant because it _______________ A. excluded evidence due to improper police training. B. was the first use of plant DNA in a criminal case. C. established the scientific basis for dactylography. D. confirmed Gravelle's Principal. Swanson - Chapter 01 #20 21. (p. 14) _______________________ is considered most responsible for raising firearms identification to a science and for perfecting the bullet comparison microscope? A. Paul Jeserich. B. Henri Lacassagne. C. Henry Balthazard. D. Calvin Goddard. Swanson - Chapter 01 #21 22. (p. 14) Who made the first successful attempt to identify a murderer from the bullet recovered from the body of a victim? A. Paul Jeserich. B. Henri Lacassagne. C. Henry Balthazard. D. Henry Goddard. Swanson - Chapter 01 #22 23. (p. 9) The impact of Supreme Court decisions in criminal investigation cases and the adaptation to them by the police has A. slowed police professionalization. B. hastened police professionalization. C. had no effect on the police. D. handcuffed the police. Swanson - Chapter 01 #23

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    24. (p. 9) Which of the following is not one of the three major scientific systems for personal identification of criminals in wide use? A. Anthropometry. B. Dactylography. C. Ectomorphism. D. Deoxyribonucleic acid. Swanson - Chapter 01 #24 25. (p. 11) In 1892, who published the first definitive book on dactylography, Finger Prints? A. Sir Francis Galton. B. Henri Lacassagne. C. Henry Balthazard. D. Calvin Goddard. Swanson - Chapter 01 #25 26. (p. 9) Criminalistics draws from diverse disciplines, such as geology, physics, chemistry, biology, and mathematics, to study physical evidence related to crime. TRUE Swanson - Chapter 01 #26 27. (p. 3) The Metropolitan Police act was enacted in 1829, the first time it was introduced in England's Parliament. FALSE Swanson - Chapter 01 #27 28. (p. 4) Pinkerton's National Detective Agency's trademark was an open eye above the slogan "We are ever Vigilant." FALSE Swanson - Chapter 01 #28 29. (p. 7) After Prohibition was adopted nationally in 1920, the Bureau of Internal Revenue was responsible for its enforcement. TRUE Swanson - Chapter 01 #29 30. (p. 7) When Prohibition was repealed by the 18 th Amendment to the U.S. Constitution in 1933, many former bootleggers turned to bank robbery and kidnapping. It then became the FBI's role to deal with the criminals. TRUE Swanson - Chapter 01 #30 31. (p. 8) The Bureau of Narcotics and Dangerous Drugs was an offshoot organization from the Drug Enforcement Administration that was formed to handle national terroristic drug use. FALSE Swanson - Chapter 01 #31 32. (p. 10) Bertillon produced the portrait parle ' or "speaking picture," which combines full-face and profile photographs of each criminal with his or her exact body measurements and other descriptive data onto a single card. TRUE Swanson - Chapter 01 #32 33. (p. 13) Without exception, every person has distinctive DNA. In every cell of the same human that contains DNA, this blueprint is identical, whether the material is blood, tissue, spermatozoa, bone marrow, tooth pulp, or a hair root cell. FALSE Swanson - Chapter 01 #33 34. (p. 13) The Orlando Cases set the stage for the first use of DNA typing in the United States. TRUE Swanson - Chapter 01 #34

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    35. (p. 14) In 1913, Professor Balthazard published an article on firearms identification in which he noted that the firing pin, extractor, and ejector all leave marks on cartridges, and that they vary among weapons. TRUE Swanson - Chapter 01 #35 36. (p. 3) ________ efforts led to the establishment of the London Metropolitan Police in 1829. English police officers are still affectionately referred to as "bobbies," a play on his first name. Sir Robert Peel's Swanson - Chapter 01 #36 37. (p. 3-4) Stephen Girard bequeathed $33,190 to ________ to develop a competent police force. Philadelphia Swanson - Chapter 01 #37 38. (p. 4) The major private detective agency of the 19 th century was formed by _______. Alan Pinkerton Swanson - Chapter 01 #38 39. (p. 6) To supplement the rogues' gallery, Thomas Byrnes instituted the ________ where at 9 o'clock every morning; all criminals arrested in the past 24 hours were marched before his detectives who were expected to make notes and to recognize the criminals later. Mulberry Street Morning Parade Swanson - Chapter 01 #39 40. (p. 8) In 1967, the ________ was made operational by the FBI, providing data on wanted persons and property stolen from all 50 states. National Crime Information center (NCIC) Swanson - Chapter 01 #40 41. (p. 8-9) The ________ revolution and subsequent Supreme Court decisions changed questionable and improper police procedures and tactics. due process Swanson - Chapter 01 #41 42. (p. 9) All crime scenes are searched on the basis of Edmond Locard's _______, which asserts that when perpetrators come into contact with the scene, they will leave something of themselves and take away something from the scene. exchange principle Swanson - Chapter 01 #42 43. (p. 11) The first foreigner trained in the use of the Henry classification system was New York City Detective ________ in 1904. Joseph Faurot Swanson - Chapter 01 #43 44. (p. 13) The ________ Cases involved blood samples from about 5,500 men living in the area for DNA typing in an attempt to identify a rape suspect. Enderby Swanson - Chapter 01 #44 45. (p. 15) ________ helped produce the first workable polygraph in 1921 and established America's first full forensic laboratory in Los Angeles in 1923. August Vollmer Swanson - Chapter 01 #45 46. (p. 3) Who were the Bow Street Runners and of what historical importance are they? The Bow Street Runners were a small group of volunteer, non-uniformed homeowners established in 1750 by Henry Fielding to "take thieves." In "taking thieves" they would hurry to the scene of a crime and begin an investigation, thus becoming the first modern detective force. Swanson - Chapter 01 #46

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    47. (p. 3) Why did the British public object to the use of detectives following the Metropolitan Police Act of 1829? French citizens had been repressed under centralized policing. In England there was fear that the use of "police spies" (detectives in plain clothes) would reduce civil liberties. In 1833 a Sergeant Popay was dismissed from the London Metropolitan Police because he infiltrated a radical group, acquired a leadership position, and argued for the use of violence. Swanson - Chapter 01 #47 48. (p. 4) Why did the office of detective in this country initially evolve in the private sector? First, graft and corruption were common in big city police departments. Second, municipal police jurisdictions were limited. Third, there was little communication between police departments in different cities. Thus, offenders could flee from one jurisdiction to another with impunity. When individuals and businesses could not get reliable investigative services from the public sector, it created the possibility of the private sector (such as Pinkerton's National Detective Agency) providing such services. Swanson - Chapter 01 #48 49. (p. 5 & 8) What parallels can be drawn between Allan Pinkerton and J. Edgar Hoover? Both of them understood the importance of: (1) information, (2) criminal records, and (3) publicity favorable to their efforts. Swanson - Chapter 01 #49 50. (p. 9) What did the "due process revolution" and subsequent Supreme Court decisions change with respect to the police? Questionable and improper police procedures and tactics were greatly reduced. In turn, this created the need to develop new procedures and tactics and to make sure that officers were well trained in their uses. There has been an ongoing cycle of decisions and adaptation to them by the police since the due process revolution. To no small extent, this ongoing cycle has hastened the continuing professionalization of the police, while also asserting the principle that the action of police officers anywhere may be subject to close scrutiny by the Supreme Court. Swanson - Chapter 01 #50

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    51. (p. 10-12) What are the milestones in the development of dactylography? (1) 1 st century: Roman lawyer Quintilianus used a bloody fingerprint to successfully defend a child accused of murder. (2) 8 th century: Used on contracts in China (also in 14 th century Persia and 17 th century England, thought to awe people into keeping agreements, no individual identification by fingerprints possible at the time). (3) 1684: England's Dr. Grew called attention to systems of pores in ridges in hands and feet. (4) 1686: Mercello Malpigni confirmed Grew's observations. (5) 1823: Professor Perkinje named nine standard fingerprint patterns and outlined a broad method of classifying them. (6) 1877: Herschel wrote to the Inspector General of the Prisons of Bengal about using fingerprints as means of personal identification. This suggestion was rejected as Inspector General thought that Herschel's letter was the product of delirium. (7) 1880: Faulds matched sooty fingerprint on a whitewashed wall to that of suspect. (8) 1880: Faulds reported his finding in Nature, provoking controversy between Herschel and Faulds. (9) 1892: Galton published Fingerprints, the first definitive book on dactylography. (10) 1892: Inspector Alvarez, a disciple of Vucetich, got the first South American criminal conviction based on fingerprints. (11) 1894: Vucetich published Dictiloscopia Comparada, outlining his system of fingerprint classification. (12) 1900: Henry system adopted in England. (13) 1901: Henry publishes Classification and Use of Fingerprints , outlining his system of fingerprint classification. (14) 1903: the Will West/William West case at the U.S. Penitentiary at Leavenworth, Kansas demonstrated the superiority of dactylography to anthropometry. (15) 1904: Detective Sergeant Faurot of the NYCPD becomes the first foreigner to study the Henry system; in 1906 he obtained the theft conviction of "James Jones" by the use of fingerprints. (16) 1917: the Argentine government seized all of Vucetich's records and forbade him to do further work, largely because of strong protests in Buenos Aires against wide-spread fingerprint registration. Swanson - Chapter 01 #51 52. (p. 12) Why does the Henry classification enjoy greater use than Vucetich's system? In 1917, the Argentine government seized all of Vucetich's records and forbade him to do further work (due to strong protests in Buenos Aires against wide-spread fingerprint registration). In 1925, Vucetich died a disappointed man. In contrast, Henry became the head of what was then the world's most prestigious police organization and enjoyed the support of his country. These advantages, coupled with Vucetich's loss of support in his own country, meant the Henry classification system would become adopted virtually worldwide. Swanson - Chapter 01 #52 53. (p. 13) What are seven different human sources of DNA material identified in this chapter? These sources are: (1) blood, (2) tissue, (3) spermatozoa, (4) bone marrow, (5) tooth pulp, (6) saliva and (7) hair root cells. Swanson - Chapter 01 #53 54. (p. 14) Of what significance is the palo verde seedpod case in Phoenix, Arizona? It is the first case in which "genetic fingerprinting" was applied to plant evidence in a criminal case. Swanson - Chapter 01 #54

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    55. (p. 14-15) What are the milestones in the development of firearms identification? (1) 1835, Henry Goddard (one of the last of the Bow Street Runners) made the first successful attempt to identify a murderer from a bullet recovered from the victim's body. At the home of a suspect, Goddard seized a bullet mold with a defect in it corresponding to a mark on the recovered bullet. (2) 1889, Professor Lacassagne recovered a bullet from a corpse. The bullet had seven grooves on it. Shown a number of suspect guns, Lacassagne identified the one that could have left seven grooves. However, any number of guns manufactured at that time could have made seven grooves and there is no way of knowing if the right person was found guilty. (3) 1898, Paul Jeserich took microphotographs of fatal and test bullets and based on their respective normalities and irregularities testified that the defendant's revolver fired the fatal bullet. At the doorstep of scientific greatness, Jeserich did not pursue this discovery any further, turning his attention to other interests. (4) 1913, Professor Balthazard published perhaps the single most important article on firearms identification. In it he noted that the firing pin, breechblock, extractor, and ejector all leave marks on cartridges and that these varied among different types of weapons. (5) 1926, Calvin Goddard became the head of a team working on firearms identification. He is considered the person most responsible for raising firearms identification to a science and for perfecting the bullet comparison microscope. Swanson - Chapter 01 #55

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    1 Summary Category # of Questions Swanson - Chapter 01 55

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    2 Student: ___________________________________________________________________________ 1. Procedural law deals with all of the following except A. process of arrest. B. admissibility of evidence. C. search and seizure. D. elements of a crime. 2. The due process clause is found in which Amendment of the Bill of Rights? A. First Amendment. B. Fourth Amendment. C. Fifth Amendment. D. Tenth Amendment. 3. Which of the following protects citizens from unreasonable searches and seizures? A. First Amendment. B. Fifth Amendment. C. Eighth Amendment. D. Fourth Amendment. 4. The ingredients of arrest include all of the following except A. force. B. intention. C. authority. D. custody. 5. A temporary and limited interference with the freedom of a person for investigative purposes is the definition of a/an A. arrest. B. detention. C. affidavit. D. charging. 6. A judicial order commanding a person to whom it is issued or some other person to bring a person promptly before a court to answer a criminal charge is a/an A. arrest warrant. B. affidavit. C. court order. D. any of the above. 7. A written statement of the information known to the officer that serves as the basis for the issuance of a warrant is a/an A. arrest warrant. B. affidavit. C. court order. D. any of the preceding. 8. Which of the following is not usually required to be in the contents of a valid arrest warrant? A. the authority under which the warrant is issued B. the identity of the person to be arrested C. the designation of the offense D. the authority to search the person arrested

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    9. A John Doe warrant is valid A. if a crime has been committed. B. if there is a particular description of the perpetrator but the person's name is not known. C. in all cases. D. only at the federal level. 10. Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinary caution, under the same circumstances to believe that a crime has been, is being, or is about to be committed is a definition of A. in-presence arrest. B. probable cause. C. investigative detention. D. the requirements of an arrest warrant. 11. Which of the following can be used to establish probable cause? A. personal observations and knowledge of the investigator. B. suspicion. C. crime rates. D. occupation of the suspect. 12. Until 1914, federal law enforcement officers, conducting an illegal search that produced incriminating evidence, were allowed to use that evidence in court. What happened that changed the use of illegal evidence by federal officers? A. The president of the United States signed an order prohibiting its use. B. J. Edgar Hoover, Director of the FBI, signed an executive order prohibiting the use of illegally obtained evidence. C. Mapp v . Ohio forbids the use of illegally evidence by federal officers. D. Weeks v . United States forbids the use of illegally obtained evidence by federal officers. 13. Circumventing the intent of Weeks v . U . S ., whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as A. fruit of the poisonous tree doctrine. B. unreasonable search doctrine. C. silver platter doctrine. D. None of the preceding. 14. Which of the following cases established the rule that any evidence unreasonably searched and seized could no longer be admissible in any court? A. Weeks v . Ohio . B. Roe v . Wade . C. Mapp v . Ohio . D. Gideon v . Wainwright . 15. Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure? A. with consent. B. incident to an unlawful arrest. C. when exigent circumstances exist. D. to conduct an inventory. 16. What burden of proof is required to obtain a search warrant? A. Reasonable suspicion. B. Probable cause. C. Preponderance of the evidence. D. Proof beyond a reasonable doubt.

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    17. Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search? A. Hudson v . Michigan . B. Mapp v . Ohio . C. Terry v . Ohio . D. Muehler v . Mena . 18. Incriminating evidence is found during a consent search. What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted? A. Was a consent to search form completed by the suspect and witnessed? B. Was the consent to search voluntarily given? C. Was the suspect able to observe the search when the evidence was found? D. Was the suspect under the influence of alcohol or drugs? 19. Which Supreme Court Case established the "moveable vehicle" rule? A. Carroll v . United States . B. Chambers v . Maroney . C. Maryland v . Dyson . D. Chimel v . California . 20. What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant? A. Emerging situational need. B. Emergency situational requirement. C. Exigent circumstances. D. Emergency exigent circumstances. 21. Which of the following is not a requirement for a plain view search to be legal? A. Officer is where he has a legal right to be. B. Evidence is in plain view. C. Evidence is inadvertently discovered. D. Evidence is found after a limited search. 22. The landmark Supreme Court ruling that allows stop and frisk procedures is A. Miranda v . Arizona . B. Terry v . Ohio . C. Mapp v . Ohio . D. Escobedo v . Day . 23. According to the courts, any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court. This is based on the A. bad evidence doctrine. B. fruits of the poisonous tree doctrine. C. illegal seizure doctrine. D. unreasonable search doctrine. 24. In Minnesota v . Dickerson , why was the defendant not convicted? A . Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a pat down and manipulated it to determine what it was. B. Defendant pled guilty before trial. C. Judge declared a mistrial. D. The charges were dropped by the prosecutor before trial. 25. Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before is the A. bad evidence doctrine. B. fruits of the poisonous tree doctrine. C. illegal seizure doctrine. D. unreasonable search doctrine.

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    26. Procedural law deals with processes of arrest, search and seizure, interrogations, confessions, admissibility of evidence and testifying in court and therefore changes less frequently than does substantive law. True False 27. Final ratification of the Constitution of the United States was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government. These guarantees came in the form of the first ten Amendments to the Constitution known as the Bill of Rights. True False 28. The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens, especially the former slaves. True False 29. The Hurtado v . California case attempted the process of the "shorthand doctrine" but instead, ratified the "fruit of the poisonous tree doctrine." True False 30. Formally charging a suspect with a crime does not automatically flow from an arrest. True False 31. The most preferred method of affecting an arrest is under the authority of a warrant. True False 32. The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest, and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for. True False 33. An offense committed in the presence of an officer can be the basis of an arrest without a warrant. "In the presence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, or smell. True False 34. The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds or probable cause exists to make the arrest. True False 35. A search warrant is a written order, in the name of the judge, signed by a district attorney, exercising proper authority, and directing a law enforcement officer to search for specific property and bring it before the court. True False 36. The ________ must particularly describe the place to be searched. The description must be sufficient to distinguish the location from all others. ________________________________________ 37. If the affidavit and search warrant are for the search and seizure of _______, the search can be pretty extensive. It is permissible to search closets, under beds, in dresser drawers, in medicine cabinets, and in kitchen cupboards. ________________________________________ 38. In _______, the Supreme Court ruled that violation of the knock and announce requirement for the service of a search warrant will no longer result in the suppression of evidence found during the execution of the search warrant. ________________________________________

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    39. In 1969, the United States Supreme Court limited the scope of a search when it ruled in ________ that a warrantless search of the defendant's entire house, following his lawful arrest in the house on a burglary charge was unreasonable. ________________________________________ 40. The Supreme Court ruled in the 1981 case of ________ that when a police officer makes a lawful custodial arrest of the occupant of an automobile, the officer may search the vehicle's passenger compartment including any open or closed containers found in the vehicle compartment. It does not include the trunk. ________________________________________ 41. The Supreme Court held that law enforcement officers may enter a home without a warrant where there is an objectively reasonable basis to believe that an occupant is seriously injured or imminently threatened with serious injury. The case law is _______. ________________________________________ 42. An ________ search is done for the purpose of protecting the property of the person arrested and documenting what was found with a receipt given to the person arrested. In this manner, law enforcement can prevent accusations of stealing an offender's money or property. ________________________________________ 43. Terry v . Ohio allows for the ________ of the outer clothing of a suspect for a weapon if the officer is concerned about his own safety. ________________________________________ 44. The ________ doctrine provides that evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before. ________________________________________ 45. The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a person to identify himself when so requested during a ________ stop. Twenty states have this identification requirement. ________________________________________ 46. Explain how the laws of arrest and search and seizure flow from the Bill of Rights. 47. Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants in criminal cases.

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    48. What is the Exclusionary Rule and how did it evolve? 49. What are the benefits to a police officer and the case if an arrest is made under the authority of a warrant? 50. Is a "John Doe" arrest warrant valid under any circumstances? Explain. 51. Define and describe "probable cause." 52. Describe the "Silver Platter" Doctrine. Is it still followed? Why or why not? 53. List the requirements of a valid arrest warrant.

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    54. What limitations have judicial cases placed on the search of a motor vehicle incident to a lawful arrest? 55. What is meant by a plain view seizure and what are the requirements for conducting such a seizure by a law enforcement officer? 56. Explain the "fruits of the poisonous tree" doctrine.

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    2 Key 1. (p. 18) Procedural law deals with all of the following except A. process of arrest. B. admissibility of evidence. C. search and seizure. D. elements of a crime. Swanson - Chapter 02 #1 2. (p. 19) The due process clause is found in which Amendment of the Bill of Rights? A. First Amendment. B. Fourth Amendment. C. Fifth Amendment. D. Tenth Amendment. Swanson - Chapter 02 #2 3. (p. 20) Which of the following protects citizens from unreasonable searches and seizures? A. First Amendment. B. Fifth Amendment. C. Eighth Amendment. D. Fourth Amendment. Swanson - Chapter 02 #3 4. (p. 21) The ingredients of arrest include all of the following except A. force. B. intention. C. authority. D. custody. Swanson - Chapter 02 #4 5. (p. 21) A temporary and limited interference with the freedom of a person for investigative purposes is the definition of a/an A. arrest. B. detention. C. affidavit. D. charging. Swanson - Chapter 02 #5 6. (p. 22-23) A judicial order commanding a person to whom it is issued or some other person to bring a person promptly before a court to answer a criminal charge is a/an A. arrest warrant. B. affidavit. C. court order. D. any of the above. Swanson - Chapter 02 #6 7. (p. 23) A written statement of the information known to the officer that serves as the basis for the issuance of a warrant is a/an A. arrest warrant. B. affidavit. C. court order. D. any of the preceding. Swanson - Chapter 02 #7

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    8. (p. 23) Which of the following is not usually required to be in the contents of a valid arrest warrant? A. the authority under which the warrant is issued B. the identity of the person to be arrested C. the designation of the offense D. the authority to search the person arrested Swanson - Chapter 02 #8 9. (p. 23) A John Doe warrant is valid A. if a crime has been committed. B. if there is a particular description of the perpetrator but the person's name is not known. C. in all cases. D. only at the federal level. Swanson - Chapter 02 #9 10. (p. 24) Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinary caution, under the same circumstances to believe that a crime has been, is being, or is about to be committed is a definition of A. in-presence arrest. B. probable cause. C. investigative detention. D. the requirements of an arrest warrant. Swanson - Chapter 02 #10 11. (p. 24-25) Which of the following can be used to establish probable cause? A. personal observations and knowledge of the investigator. B. suspicion. C. crime rates. D. occupation of the suspect. Swanson - Chapter 02 #11 12. (p. 25) Until 1914, federal law enforcement officers, conducting an illegal search that produced incriminating evidence, were allowed to use that evidence in court. What happened that changed the use of illegal evidence by federal officers? A. The president of the United States signed an order prohibiting its use. B. J. Edgar Hoover, Director of the FBI, signed an executive order prohibiting the use of illegally obtained evidence. C. Mapp v . Ohio forbids the use of illegally evidence by federal officers. D. Weeks v . United States forbids the use of illegally obtained evidence by federal officers. Swanson - Chapter 02 #12 13. (p. 25) Circumventing the intent of Weeks v . U . S ., whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as A. fruit of the poisonous tree doctrine. B. unreasonable search doctrine. C. silver platter doctrine. D. None of the preceding. Swanson - Chapter 02 #13 14. (p. 26) Which of the following cases established the rule that any evidence unreasonably searched and seized could no longer be admissible in any court? A. Weeks v . Ohio . B. Roe v . Wade . C. Mapp v . Ohio . D. Gideon v . Wainwright . Swanson - Chapter 02 #14

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    15. (p. 26) Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure? A. with consent. B. incident to an unlawful arrest. C. when exigent circumstances exist. D. to conduct an inventory. Swanson - Chapter 02 #15 16. (p. 26) What burden of proof is required to obtain a search warrant? A. Reasonable suspicion. B. Probable cause. C. Preponderance of the evidence. D. Proof beyond a reasonable doubt. Swanson - Chapter 02 #16 17. (p. 28) Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search? A. Hudson v . Michigan . B. Mapp v . Ohio . C. Terry v . Ohio . D. Muehler v . Mena . Swanson - Chapter 02 #17 18. (p. 28) Incriminating evidence is found during a consent search. What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted? A. Was a consent to search form completed by the suspect and witnessed? B. Was the consent to search voluntarily given? C. Was the suspect able to observe the search when the evidence was found? D. Was the suspect under the influence of alcohol or drugs? Swanson - Chapter 02 #18 19. (p. 30) Which Supreme Court Case established the "moveable vehicle" rule? A. Carroll v . United States . B. Chambers v . Maroney . C. Maryland v . Dyson . D. Chimel v . California . Swanson - Chapter 02 #19 20. (p. 31) What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant? A. Emerging situational need. B. Emergency situational requirement. C. Exigent circumstances. D. Emergency exigent circumstances. Swanson - Chapter 02 #20 21. (p. 32) Which of the following is not a requirement for a plain view search to be legal? A. Officer is where he has a legal right to be. B. Evidence is in plain view. C. Evidence is inadvertently discovered. D. Evidence is found after a limited search. Swanson - Chapter 02 #21 22. (p. 33-34) The landmark Supreme Court ruling that allows stop and frisk procedures is A. Miranda v . Arizona . B. Terry v . Ohio . C. Mapp v . Ohio . D. Escobedo v . Day . Swanson - Chapter 02 #22

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    23. (p. 34) According to the courts, any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court. This is based on the A. bad evidence doctrine. B. fruits of the poisonous tree doctrine. C. illegal seizure doctrine. D. unreasonable search doctrine. Swanson - Chapter 02 #23 24. (p. 34) In Minnesota v . Dickerson , why was the defendant not convicted? A . Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a pat down and manipulated it to determine what it was. B. Defendant pled guilty before trial. C. Judge declared a mistrial. D. The charges were dropped by the prosecutor before trial. Swanson - Chapter 02 #24 25. (p. 34) Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before is the A. bad evidence doctrine. B. fruits of the poisonous tree doctrine. C. illegal seizure doctrine. D. unreasonable search doctrine. Swanson - Chapter 02 #25 26. (p. 18) Procedural law deals with processes of arrest, search and seizure, interrogations, confessions, admissibility of evidence and testifying in court and therefore changes less frequently than does substantive law. FALSE Swanson - Chapter 02 #26 27. (p. 19) Final ratification of the Constitution of the United States was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government. These guarantees came in the form of the first ten Amendments to the Constitution known as the Bill of Rights. TRUE Swanson - Chapter 02 #27 28. (p. 20) The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens, especially the former slaves. TRUE Swanson - Chapter 02 #28 29. (p. 20) The Hurtado v . California case attempted the process of the "shorthand doctrine" but instead, ratified the "fruit of the poisonous tree doctrine." FALSE Swanson - Chapter 02 #29 30. (p. 21) Formally charging a suspect with a crime does not automatically flow from an arrest. TRUE Swanson - Chapter 02 #30 31. (p. 20&22) The most preferred method of affecting an arrest is under the authority of a warrant. TRUE Swanson - Chapter 02 #31 32. (p. 22) The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest, and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for. FALSE Swanson - Chapter 02 #32

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    33. (p. 24) An offense committed in the presence of an officer can be the basis of an arrest without a warrant. "In the presence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, or smell. TRUE Swanson - Chapter 02 #33 34. (p. 24) The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds or probable cause exists to make the arrest. TRUE Swanson - Chapter 02 #34 35. (p. 26) A search warrant is a written order, in the name of the judge, signed by a district attorney, exercising proper authority, and directing a law enforcement officer to search for specific property and bring it before the court. FALSE Swanson - Chapter 02 #35 36. (p. 27) The ________ must particularly describe the place to be searched. The description must be sufficient to distinguish the location from all others. search warrant Swanson - Chapter 02 #36 37. (p. 27) If the affidavit and search warrant are for the search and seizure of _______, the search can be pretty extensive. It is permissible to search closets, under beds, in dresser drawers, in medicine cabinets, and in kitchen cupboards. drugs Swanson - Chapter 02 #37 38. (p. 27) In _______, the Supreme Court ruled that violation of the knock and announce requirement for the service of a search warrant will no longer result in the suppression of evidence found during the execution of the search warrant. Hudson v. Michigan Swanson - Chapter 02 #38 39. (p. 28) In 1969, the United States Supreme Court limited the scope of a search when it ruled in ________ that a warrantless search of the defendant's entire house, following his lawful arrest in the house on a burglary charge was unreasonable. Chimel v. California Swanson - Chapter 02 #39 40. (p. 30) The Supreme Court ruled in the 1981 case of ________ that when a police officer makes a lawful custodial arrest of the occupant of an automobile, the officer may search the vehicle's passenger compartment including any open or closed containers found in the vehicle compartment. It does not include the trunk. New York v. Belton Swanson - Chapter 02 #40 41. (p. 32) The Supreme Court held that law enforcement officers may enter a home without a warrant where there is an objectively reasonable basis to believe that an occupant is seriously injured or imminently threatened with serious injury. The case law is _______. Brigham City v. Stuart Swanson - Chapter 02 #41 42. (p. 32) An ________ search is done for the purpose of protecting the property of the person arrested and documenting what was found with a receipt given to the person arrested. In this manner, law enforcement can prevent accusations of stealing an offender's money or property. inventory Swanson - Chapter 02 #42 43. (p. 33-34) Terry v . Ohio allows for the ________ of the outer clothing of a suspect for a weapon if the officer is concerned about his own safety. pat down Swanson - Chapter 02 #43

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    44. (p. 34) The ________ doctrine provides that evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before. fruits of the poisonous tree Swanson - Chapter 02 #44 45. (p. 34) The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a person to identify himself when so requested during a ________ stop. Twenty states have this identification requirement. Terry Swanson - Chapter 02 #45 46. (p. 19) Explain how the laws of arrest and search and seizure flow from the Bill of Rights. An examination of constitutional history reveals that the powers yielded by the states were specifically granted for the purpose of establishing a national government. However, final ratification of the new constitution was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government. This desire was based on the experiences of the colonists who supported the Declaration of Independence and fought the Revolutionary War that won independence and created the United States of America, all of which occurred because the King of England was oppressing the colonies. The guarantees came in the form of the first ten amendments to the Constitution known as the Bill of Rights. The Bill of Rights would eventually be applied to the states. The current day laws of arrest, search, and seizure flow from the original Bill of Rights as interpreted in Constitutional case law by the Supreme Court. Swanson - Chapter 02 #46 47. (p. 19-20) Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants in criminal cases. The liberties protected by the specific clauses of the Bill of Rights are not exhaustive. One clause of the Fifth Amendment has been interpreted to leave the door open for additional protections. The due process clause provides, "…nor [shall any person] be deprived of life, liberty or property without due process of law." Due process is one of those concepts that has long been the subject of judicial controversy and has no universally accepted definition. The American concept of "fairness" is probably the closest one could get to an acceptable definition, in layman terms, without burdening the effort with reams of judicial history and philosophy. Thus the Supreme Court has its latitude to interpret the Constitution in any manner it deems to be fair and just under the American judicial system. The Civil War was over. Slavery had been abolished. The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens, especially the former slaves. Interpretations of portions of the Fourteenth Amendment provide the foundation for much of modern criminal procedure in the United States today. Swanson - Chapter 02 #47

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    48. (p. 25-26) What is the Exclusionary Rule and how did it evolve? Under early English common law, an illegal search and seizure that produced incriminating evidence was allowed, and the evidence obtained was admissible in court. Surprisingly, federal law enforcement officers in the United States were permitted to follow the same rule until 1914. In Weeks v . United States , the Court established what became known as the "Federal Exclusionary Rule." The Court ruled that any evidence unreasonably obtained by federal law enforcement officers could no longer be admissible in federal prosecutions. After the Weeks decision, very few states adopted their own exclusionary rule applicable within their own states. Following Dollree Mapp's conviction and the denial of her appeals in the state courts, her case was appealed to the United States Supreme Court. Mapp v . Ohio decided in 1961, established the rule that any evidence unreasonably searched and seized would no longer be admissible in any court— state or federal. The Exclusionary Rule was now applicable in all courts at all levels. Swanson - Chapter 02 #48 49. (p. 22) What are the benefits to a police officer and the case if an arrest is made under the authority of a warrant? There are two major benefits derived from securing judicial approval for arrest through the process of obtaining a warrant. First, it relieves the police officer of the burden of proving the legality of the arrest so that the officer need not fear charges of false arrest, malicious prosecution, or other civil suits. Second, it provides for an independent evaluation of the evidence. Swanson - Chapter 02 #49 50. (p. 22-23) Is a "John Doe" arrest warrant valid under any circumstances? Explain. John Doe warrants may be valid under certain circumstances provided the warrant is issued for a person who can be described as required by the Constitution. John Doe is used if a name, alias, or nickname is unknown. However, the other type of John Doe warrant, which is merely issued for any person who might have committed that offense without satisfying the particular description requirement of the Constitution, is totally invalid. Swanson - Chapter 02 #50 51. (p. 23-24) Define and describe "probable cause." Probable cause is a difficult term to define because in no two instances will it ever look the same. However, one acceptable definition of probable cause is that it is more than suspicion but less than actual knowledge. It is suspicion plus facts and circumstances that would lead a reasonable person, exercising ordinary caution, under the same circumstances, to believe that a crime has been, is being, or is about to be committed. Probable cause may be based on a number of sources of information, not all of which, or any of which, need be the kind of evidence that will be admissible at trial. Swanson - Chapter 02 #51

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    52. (p. 25) Describe the "Silver Platter" Doctrine. Is it still followed? Why or why not? The Federal Exclusionary Rule was established in 1914 in the case of Weeks v . United States . The Court made it quite clear that, because this was a federal case, the decision was applicable only to federal law enforcement officers and federal courts and was in no way applicable to the states. But this decision, as do many Supreme Court decisions, left a number of unanswered questions. Out of one question arose the "Silver Platter Doctrine." The Weeks decision prohibited federal officers from illegally seizing evidence but it did not prevent law enforcement officers to the states from illegally seizing the evidence and handing it over to federal agents on a "silver platter" for use in federal courts. This method of circumventing the Federal Exclusionary Rule remained in effect until 1960. Swanson - Chapter 02 #52 53. (p. 22-23) List the requirements of a valid arrest warrant. The investigator is not relieved of all responsibility for the legality of the arrest simply because a warrant was obtained. The investigator must be aware of what constitutes a valid warrant to ensure that the one he or she possesses permits a legal arrest. A. An arrest warrant is a judicial order commanding the person to whom it is issued or some other person to arrest a particular individual and to bring that person promptly before a court to answer a criminal charge. The arrest warrant generally must be written. By legislation, some jurisdictions allow for verbal authorization supported by written authorization in warrant form that is issued later. In most cases, particularly major felonies, the warrant must be issued by a judge who personally reviews the facts to determine the existence of reasonable grounds as required by the Constitution. B. The warrant must be supported by an affidavit - a written statement of the information known to the officer that serves as the basis for the issuance of the warrant. In major cases, the requirements vary on whether the warrant must be issued in the county in which the offense occurred, but once issued, major case warrants can be served anywhere in the state. Swanson - Chapter 02 #53 54. (p. 30-31) What limitations have judicial cases placed on the search of a motor vehicle incident to a lawful arrest? Keeping in mind the foundation principle of the Chimel case, that a search may be made of the area under the arrestee's immediate control, the Supreme Court ruled in the 1981 case of New York v . Belton , that when a police officer makes a lawful custodial arrest of the occupant of an automobile, the officer may search the vehicle's passenger compartment as a contemporaneous incident of arrest. The right to search includes any open or closed containers found in the passenger compartment. It does not include the trunk. In brief, the Court said that the right to search the passenger compartment of a car still exists even if the officer does not make contact until the person arrested has left the vehicle. The issue in this case asked the question on the reasonableness of the search whether the defendant was inside or outside the vehicle when first contacted and subsequently arrested. The opinion points out that the length of time the person had been out of the car and how far away from the vehicle the person was may all come into play in determining reasonableness of a search. Interestingly, in this case, the defendant had already been secured and was in the back seat of the patrol car when this search took place. This, of course, was pointed out by the dissenting Justices, who said there was no longer any chance to obtain a weapon or destroy evidence and the officer should have obtained a warrant before searching. A vehicle search is not reasonable if conducted pursuant to stopping a vehicle for a traffic violation and writing a citation. A citation is not an arrest and no right to search arises. Swanson - Chapter 02 #54

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