Criminal Investigation 9th Edition Test Bank

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1Student: ___________________________________________________________________________1.The first modern detective force wasA. 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 firstsuspicious and at times even hostile towards it becauseA. 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. PhiladelphiaB. ChicagoC. New York CityD. Baltimore4.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, PA6.Which of the following is not one of the reasons cited in the textbook for having reliable detectives inAmerican 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 isA. 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 thestreet.D.only practical in cities of 100,000 population or more and are photographs of known criminals arrangedby 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 agencycurrentlycharged with enforcing its provisions is ________________.A. Federal Bureau of InvestigationsB. Narcotics BureauC. Drug Enforcement AgencyD. Bureau of Narcotics and Dangerous Drugs12. During 1961-1966, the U.S. Supreme Court became unusually active in hearing cases involving the rightsof 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 waswritten in 1893 by Hans Gross. Translated into English in 1906, it remains highly respected today as aseminal work in the field. What is the book's title?A.CriminalInvestigation.B.TheScientificMethodofCriminalInquiry.C.ScienceandCriminalConduct.D.ForensicScienceandCrime.14. What early method of criminal identification is based on the fact that every human being differs fromevery other one in the exact measurements of their body, and that the sum of these measurements yields acharacteristic 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 tothe discovery that portions of the DNA structure of certain genes are as unique to individuals, as arefingerprints.A. WatsonB. AshworthC. CrickD. Jeffreys19. What is the significance of theEnderbyCases 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 scienceand 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 avictim?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 thepolice hasA. 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 ofcriminals in wide use?A. Anthropometry.B. Dactylography.C. Ectomorphism.D. Deoxyribonucleic acid.25. In 1892, who published the first definitive book on dactylography,FingerPrints?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, andmathematics, to study physical evidence related to crime.TrueFalse

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27. The Metropolitan Police act was enacted in 1829, the first time it was introduced in England'sParliament.TrueFalse28. Pinkerton's National Detective Agency's trademark was an open eye above the slogan "We are everVigilant."TrueFalse29. After Prohibition was adopted nationally in 1920, the Bureau of Internal Revenue was responsible for itsenforcement.TrueFalse30. When Prohibition was repealed by the 18thAmendment to the U.S. Constitution in 1933, many formerbootleggers turned to bank robbery and kidnapping. It then became the FBI's role to deal with thecriminals.TrueFalse31. The Bureau of Narcotics and Dangerous Drugs was an offshoot organization from the Drug EnforcementAdministration that was formed to handle national terroristic drug use.TrueFalse32. Bertillon produced theportraitparle' or "speaking picture," which combines full-face and profilephotographs of each criminal with his or her exact body measurements and other descriptive data onto asingle card.TrueFalse33. Without exception, every person has distinctive DNA. In every cell of the same human that containsDNA, this blueprint is identical, whether the material is blood, tissue, spermatozoa, bone marrow, toothpulp, or a hair root cell.TrueFalse34. The Orlando Cases set the stage for the first use of DNA typing in the United States.TrueFalse35. In 1913, Professor Balthazard published an article on firearms identification in which he noted that thefiring pin, extractor, and ejector all leave marks on cartridges, and that they vary among weapons.TrueFalse36. ________ efforts led to the establishment of the London Metropolitan Police in 1829. English policeofficers 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 19thcentury was formed by _______.________________________________________39. To supplement the rogues' gallery, Thomas Byrnes instituted the ________ where at 9 o'clock everymorning; all criminals arrested in the past 24 hours were marched before his detectives who wereexpected 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 propertystolen from all 50 states.________________________________________41. The ________ revolution and subsequent Supreme Court decisions changed questionable and improperpolice procedures and tactics.________________________________________

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42. All crime scenes are searched on the basis of Edmond Locard's _______, which asserts that whenperpetrators come into contact with the scene, they will leave something of themselves and take awaysomething 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 inan attempt to identify a rape suspect.________________________________________45. ________ helped produce the first workable polygraph in 1921 and established America's first fullforensic 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 tothe 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 Key1.(p. 3)The first modern detective force wasA.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 #12.(p. 3)When the London Metropolitan Police force was established in 1829, the British public was at firstsuspicious and at times even hostile towards it becauseA. 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 #23.(p. 3-4)In 1833, _______ an ordinance creating America's first paid, daylight police force?A.PhiladelphiaB. ChicagoC. New York CityD. BaltimoreSwanson - Chapter 01 #34.(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 #45.(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, PASwanson - Chapter 01 #56.(p. 4)Which of the following is not one of the reasons cited in the textbook for having reliable detectives inAmerican 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 #67.(p. 6)A rogues' gallery isA. 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 onthe street.D.only practical in cities of 100,000 population or more and are photographs of known criminalsarranged 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 #89.(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 #910.(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 #1011.(p. 8)The Harrison Act of 1914 mad the distribution of nonmedical drugs a crime. The agencycurrentlycharged with enforcing its provisions is ________________.A. Federal Bureau of InvestigationsB. Narcotics BureauC.Drug Enforcement AgencyD. Bureau of Narcotics and Dangerous DrugsSwanson - Chapter 01 #1112.(p. 8-9)During 1961-1966, the U.S. Supreme Court became unusually active in hearing cases involving therights 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 #1213.(p. 9)The first major book describing the application of scientific disciplines to criminal investigation waswritten in 1893 by Hans Gross. Translated into English in 1906, it remains highly respected today as aseminal work in the field. What is the book's title?A.CriminalInvestigation.B.TheScientificMethodofCriminalInquiry.C.ScienceandCriminalConduct.D.ForensicScienceandCrime.Swanson - Chapter 01 #1314.(p. 9)What early method of criminal identification is based on the fact that every human being differs fromevery other one in the exact measurements of their body, and that the sum of these measurementsyields a characteristic formula for each individual?A. Dactylography.B. Ectomorphism.C.Anthropometry.D. Meso-morphism.Swanson - Chapter 01 #1415.(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 #1617.(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 #1718.(p. 12)In 1985, research by ______________ and his colleagues at Leicester University, England led tothe discovery that portions of the DNA structure of certain genes are as unique to individuals, as arefingerprints.A. WatsonB. AshworthC. CrickD.JeffreysSwanson - Chapter 01 #1819.(p. 13)What is the significance of theEnderbyCases 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 #1920.(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 #2021.(p. 14)_______________________ is considered most responsible for raising firearms identification to ascience and for perfecting the bullet comparison microscope?A. Paul Jeserich.B. Henri Lacassagne.C. Henry Balthazard.D.Calvin Goddard.Swanson - Chapter 01 #2122.(p. 14)Who made the first successful attempt to identify a murderer from the bullet recovered from the bodyof a victim?A. Paul Jeserich.B. Henri Lacassagne.C. Henry Balthazard.D.Henry Goddard.Swanson - Chapter 01 #2223.(p. 9)The impact of Supreme Court decisions in criminal investigation cases and the adaptation to them bythe police hasA. 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 ofcriminals in wide use?A. Anthropometry.B. Dactylography.C.Ectomorphism.D. Deoxyribonucleic acid.Swanson - Chapter 01 #2425.(p. 11)In 1892, who published the first definitive book on dactylography,FingerPrints?A.Sir Francis Galton.B. Henri Lacassagne.C. Henry Balthazard.D. Calvin Goddard.Swanson - Chapter 01 #2526.(p. 9)Criminalistics draws from diverse disciplines, such as geology, physics, chemistry, biology, andmathematics, to study physical evidence related to crime.TRUESwanson - Chapter 01 #2627.(p. 3)The Metropolitan Police act was enacted in 1829, the first time it was introduced in England'sParliament.FALSESwanson - Chapter 01 #2728.(p. 4)Pinkerton's National Detective Agency's trademark was an open eye above the slogan "We are everVigilant."FALSESwanson - Chapter 01 #2829.(p. 7)After Prohibition was adopted nationally in 1920, the Bureau of Internal Revenue was responsible forits enforcement.TRUESwanson - Chapter 01 #2930.(p. 7)When Prohibition was repealed by the 18thAmendment to the U.S. Constitution in 1933, many formerbootleggers turned to bank robbery and kidnapping. It then became the FBI's role to deal with thecriminals.TRUESwanson - Chapter 01 #3031.(p. 8)The Bureau of Narcotics and Dangerous Drugs was an offshoot organization from the DrugEnforcement Administration that was formed to handle national terroristic drug use.FALSESwanson - Chapter 01 #3132.(p. 10)Bertillon produced theportraitparle' or "speaking picture," which combines full-face and profilephotographs of each criminal with his or her exact body measurements and other descriptive data ontoa single card.TRUESwanson - Chapter 01 #3233.(p. 13)Without exception, every person has distinctive DNA. In every cell of the same human that containsDNA, this blueprint is identical, whether the material is blood, tissue, spermatozoa, bone marrow,tooth pulp, or a hair root cell.FALSESwanson - Chapter 01 #3334.(p. 13)The Orlando Cases set the stage for the first use of DNA typing in the United States.TRUESwanson - 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 thefiring pin, extractor, and ejector all leave marks on cartridges, and that they vary among weapons.TRUESwanson - Chapter 01 #3536.(p. 3)________ efforts led to the establishment of the London Metropolitan Police in 1829. English policeofficers are still affectionately referred to as "bobbies," a play on his first name.Sir Robert Peel'sSwanson - Chapter 01 #3637.(p. 3-4)Stephen Girard bequeathed $33,190 to ________ to develop a competent police force.PhiladelphiaSwanson - Chapter 01 #3738.(p. 4)The major private detective agency of the 19thcentury was formed by _______.Alan PinkertonSwanson - Chapter 01 #3839.(p. 6)To supplement the rogues' gallery, Thomas Byrnes instituted the ________ where at 9 o'clock everymorning; all criminals arrested in the past 24 hours were marched before his detectives who wereexpected to make notes and to recognize the criminals later.Mulberry Street Morning ParadeSwanson - Chapter 01 #3940.(p. 8)In 1967, the ________ was made operational by the FBI, providing data on wanted persons andproperty stolen from all 50 states.National Crime Information center (NCIC)Swanson - Chapter 01 #4041.(p. 8-9)The ________ revolution and subsequent Supreme Court decisions changed questionable andimproper police procedures and tactics.due processSwanson - Chapter 01 #4142.(p. 9)All crime scenes are searched on the basis of Edmond Locard's _______, which asserts that whenperpetrators come into contact with the scene, they will leave something of themselves and take awaysomething from the scene.exchange principleSwanson - Chapter 01 #4243.(p. 11)The first foreigner trained in the use of the Henry classification system was New York City Detective________ in 1904.Joseph FaurotSwanson - Chapter 01 #4344.(p. 13)The ________ Cases involved blood samples from about 5,500 men living in the area for DNA typingin an attempt to identify a rape suspect.EnderbySwanson - Chapter 01 #4445.(p. 15)________ helped produce the first workable polygraph in 1921 and established America's first fullforensic laboratory in Los Angeles in 1923.August VollmerSwanson - Chapter 01 #4546.(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 in1750 by Henry Fielding to "take thieves." In "taking thieves" they would hurry to the scene of a crimeand 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 of1829?French citizens had been repressed under centralized policing. In England there was fear that the useof "police spies" (detectives in plain clothes) would reduce civil liberties. In 1833 a Sergeant Popaywas dismissed from the London Metropolitan Police because he infiltrated a radical group, acquired aleadership position, and argued for the use of violence.Swanson - Chapter 01 #4748.(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 policejurisdictions were limited. Third, there was little communication between police departments indifferent cities. Thus, offenders could flee from one jurisdiction to another with impunity. Whenindividuals and businesses could not get reliable investigative services from the public sector, itcreated the possibility of the private sector (such as Pinkerton's National Detective Agency) providingsuch services.Swanson - Chapter 01 #4849.(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) publicityfavorable to their efforts.Swanson - Chapter 01 #4950.(p. 9)What did the "due process revolution" and subsequent Supreme Court decisions change with respectto the police?Questionable and improper police procedures and tactics were greatly reduced. In turn, this createdthe need to develop new procedures and tactics and to make sure that officers were well trainedin their uses. There has been an ongoing cycle of decisions and adaptation to them by the policesince the due process revolution. To no small extent, this ongoing cycle has hastened the continuingprofessionalization of the police, while also asserting the principle that the action of police officersanywhere 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) 1stcentury: Roman lawyer Quintilianus used a bloody fingerprint to successfully defend a childaccused of murder.(2) 8thcentury: Used on contracts in China (also in 14thcentury Persia and 17thcentury England,thought to awe people into keeping agreements, no individual identification by fingerprints possible atthe 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 ofclassifying them.(6) 1877: Herschel wrote to the Inspector General of the Prisons of Bengal about using fingerprintsas means of personal identification. This suggestion was rejected as Inspector General thought thatHerschel'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 convictionbased on fingerprints.(11) 1894: Vucetich published Dictiloscopia Comparada, outlining his system of fingerprintclassification.(12) 1900: Henry system adopted in England.(13) 1901: Henry publishesClassificationandUseofFingerprints, outlining his system of fingerprintclassification.(14) 1903: the Will West/William West case at the U.S. Penitentiary at Leavenworth, Kansasdemonstrated the superiority of dactylography to anthropometry.(15) 1904: Detective Sergeant Faurot of the NYCPD becomes the first foreigner to study the Henrysystem; 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 furtherwork, largely because of strong protests in Buenos Aires against wide-spread fingerprint registration.Swanson - Chapter 01 #5152.(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 furtherwork (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'smost 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 systemwould become adopted virtually worldwide.Swanson - Chapter 01 #5253.(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) salivaand (7) hair root cells.Swanson - Chapter 01 #5354.(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 attemptto 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 isno 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 respectivenormalities and irregularities testified that the defendant's revolver fired the fatal bullet. At thedoorstep of scientific greatness, Jeserich did not pursue this discovery any further, turning hisattention to other interests.(4) 1913, Professor Balthazard published perhaps the single most important article on firearmsidentification. In it he noted that the firing pin, breechblock, extractor, and ejector all leave marks oncartridges and that these varied among different types of weapons.(5) 1926, Calvin Goddard became the head of a team working on firearms identification. He isconsidered the person most responsible for raising firearms identification to a science and forperfecting the bullet comparison microscope.Swanson - Chapter 01 #55

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1 SummaryCategory# of QuestionsSwanson - Chapter 0155

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2Student: ___________________________________________________________________________1.Procedural law deals with all of the following exceptA. 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 exceptA. force.B. intention.C. authority.D. custody.5.A temporary and limited interference with the freedom of a person for investigative purposes is thedefinition of a/anA. 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 personpromptly before a court to answer a criminal charge is a/anA. 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 awarrant is a/anA. 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 issuedB. the identity of the person to be arrestedC. the designation of the offenseD. the authority to search the person arrested

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9.A John Doe warrant is validA. 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 ordinarycaution, under the same circumstances to believe that a crime has been, is being, or is about to becommitted is a definition ofA. 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 incriminatingevidence, were allowed to use that evidence in court. What happened that changed the use of illegalevidence 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 illegallyobtained evidence.C.Mappv.Ohioforbids the use of illegally evidence by federal officers.D.Weeksv.UnitedStatesforbids the use of illegally obtained evidence by federal officers.13. Circumventing the intent ofWeeksv.U.S., whereby federal officers received illegally obtained evidencefrom state officers and used it in federal court was referred to asA. 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 seizedcould no longer be admissible in any court?A.Weeksv.Ohio.B.Roev.Wade.C.Mappv.Ohio.D.Gideonv.Wainwright.15. Which of the following is not an exception to the legal requirement of having a warrant to conduct asearch 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 bydetaining the occupants of the house in handcuffs during the search?A.Hudsonv.Michigan.B.Mappv.Ohio.C.Terryv.Ohio.D.Muehlerv.Mena.18. Incriminating evidence is found during a consent search. What is the primary factor of the search that thecourt 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.Carrollv.UnitedStates.B.Chambersv.Maroney.C.Marylandv.Dyson.D.Chimelv.California.20. What term is used to recognize that a warrantless entry by law enforcement officials may be legal whenthere 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 isnota 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 isA.Mirandav.Arizona.B.Terryv.Ohio.C.Mappv.Ohio.D.Escobedov.Day.23. According to the courts, any new evidence seized resulting from unreasonably seized evidence is alsotainted and is not admissible in court. This is based on theA. bad evidence doctrine.B. fruits of the poisonous tree doctrine.C. illegal seizure doctrine.D. unreasonable search doctrine.24. InMinnesotav.Dickerson, why was the defendant not convicted?A.Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a pat downand 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 aboutor collecting new admissible evidence not known about before is theA. 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 doessubstantive law.TrueFalse27. Final ratification of the Constitution of the United States was delayed because some states wantedguarantees that individual liberties would be safeguarded from potential oppression by the newly formedgovernment. These guarantees came in the form of the first ten Amendments to the Constitution known asthe Bill of Rights.TrueFalse28. The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms andequal protection of the laws for all citizens, especially the former slaves.TrueFalse29. TheHurtadov.Californiacase attempted the process of the "shorthand doctrine" but instead, ratifiedthe "fruit of the poisonous tree doctrine."TrueFalse30. Formally charging a suspect with a crime does not automatically flow from an arrest.TrueFalse31. The most preferred method of affecting an arrest is under the authority of a warrant.TrueFalse32. The two major benefits derived from securing prior judicial approval for arrests are that the approvalrelieves the law enforcement officer of the burden of proving the legality of the arrest, and it provides forautomatic approval of evidence to be used during the trial for the crime the person was arrested for.TrueFalse33. An offense committed in the presence of an officer can be the basis of an arrest without a warrant. "In thepresence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, or smell.TrueFalse34. The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds orprobable cause exists to make the arrest.TrueFalse35. A search warrant is a written order, in the name of the judge, signed by a district attorney, exercisingproper authority, and directing a law enforcement officer to search for specific property and bring itbefore the court.TrueFalse36. The ________ must particularly describe the place to be searched. The description must be sufficient todistinguish the location from all others.________________________________________37. If the affidavit and search warrant are for the search and seizure of _______, the search can be prettyextensive. It is permissible to search closets, under beds, in dresser drawers, in medicine cabinets, and inkitchen cupboards.________________________________________38. In _______, the Supreme Court ruled that violation of the knock and announce requirement for theservice of a search warrant will no longer result in the suppression of evidence found during the executionof 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 awarrantless search of the defendant's entire house, following his lawful arrest in the house on a burglarycharge was unreasonable.________________________________________40. The Supreme Court ruled in the 1981 case of ________ that when a police officer makes a lawfulcustodial arrest of the occupant of an automobile, the officer may search the vehicle's passengercompartment including any open or closed containers found in the vehicle compartment. It does notinclude the trunk.________________________________________41. The Supreme Court held that law enforcement officers may enter a home without a warrant where there isan objectively reasonable basis to believe that an occupant is seriously injured or imminently threatenedwith serious injury. The case law is _______.________________________________________42. An ________ search is done for the purpose of protecting the property of the person arrested anddocumenting what was found with a receipt given to the person arrested. In this manner, law enforcementcan prevent accusations of stealing an offender's money or property.________________________________________43.Terryv.Ohioallows for the ________ of the outer clothing of a suspect for a weapon if the officer isconcerned about his own safety.________________________________________44. The ________ doctrine provides that evidence obtained from an unreasonable search and seizure cannotbe 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 toidentify himself when so requested during a ________ stop. Twenty states have this identificationrequirement.________________________________________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 criminalcases.

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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 alaw enforcement officer?56. Explain the "fruits of the poisonous tree" doctrine.

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2 Key1.(p. 18)Procedural law deals with all of the following exceptA. process of arrest.B. admissibility of evidence.C. search and seizure.D.elements of a crime.Swanson - Chapter 02 #12.(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 #23.(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 #34.(p. 21)The ingredients of arrest include all of the following exceptA.force.B. intention.C. authority.D. custody.Swanson - Chapter 02 #45.(p. 21)A temporary and limited interference with the freedom of a person for investigative purposes is thedefinition of a/anA. arrest.B.detention.C. affidavit.D. charging.Swanson - Chapter 02 #56.(p. 22-23)A judicial order commanding a person to whom it is issued or some other person to bring a personpromptly before a court to answer a criminal charge is a/anA.arrest warrant.B. affidavit.C. court order.D. any of the above.Swanson - Chapter 02 #67.(p. 23)A written statement of the information known to the officer that serves as the basis for the issuance ofa warrant is a/anA. 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 issuedB. the identity of the person to be arrestedC. the designation of the offenseD.the authority to search the person arrestedSwanson - Chapter 02 #89.(p. 23)A John Doe warrant is validA. 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 #910.(p. 24)Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinarycaution, under the same circumstances to believe that a crime has been, is being, or is about to becommitted is a definition ofA. in-presence arrest.B.probable cause.C. investigative detention.D. the requirements of an arrest warrant.Swanson - Chapter 02 #1011.(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 #1112.(p. 25)Until 1914, federal law enforcement officers, conducting an illegal search that produced incriminatingevidence, were allowed to use that evidence in court. What happened that changed the use of illegalevidence 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 illegallyobtained evidence.C.Mappv.Ohioforbids the use of illegally evidence by federal officers.D.Weeksv.UnitedStatesforbids the use of illegally obtained evidence by federal officers.Swanson - Chapter 02 #1213.(p. 25)Circumventing the intent ofWeeksv.U.S., whereby federal officers received illegally obtainedevidence from state officers and used it in federal court was referred to asA. fruit of the poisonous tree doctrine.B. unreasonable search doctrine.C.silver platter doctrine.D. None of the preceding.Swanson - Chapter 02 #1314.(p. 26)Which of the following cases established the rule that any evidence unreasonably searched and seizedcould no longer be admissible in any court?A.Weeksv.Ohio.B.Roev.Wade.C.Mappv.Ohio.D.Gideonv.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 asearch and seizure?A. with consent.B.incident to an unlawful arrest.C. when exigent circumstances exist.D. to conduct an inventory.Swanson - Chapter 02 #1516.(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 #1617.(p. 28)Which Supreme Court case held that officers executing a search warrant of a house acted reasonablyby detaining the occupants of the house in handcuffs during the search?A.Hudsonv.Michigan.B.Mappv.Ohio.C.Terryv.Ohio.D.Muehlerv.Mena.Swanson - Chapter 02 #1718.(p. 28)Incriminating evidence is found during a consent search. What is the primary factor of the search thatthe 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 #1819.(p. 30)Which Supreme Court Case established the "moveable vehicle" rule?A.Carrollv.UnitedStates.B.Chambersv.Maroney.C.Marylandv.Dyson.D.Chimelv.California.Swanson - Chapter 02 #1920.(p. 31)What term is used to recognize that a warrantless entry by law enforcement officials may be legalwhen 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 #2021.(p. 32)Which of the following isnota 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 #2122.(p. 33-34)The landmark Supreme Court ruling that allows stop and frisk procedures isA.Mirandav.Arizona.B.Terryv.Ohio.C.Mappv.Ohio.D.Escobedov.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 alsotainted and is not admissible in court. This is based on theA. bad evidence doctrine.B.fruits of the poisonous tree doctrine.C. illegal seizure doctrine.D. unreasonable search doctrine.Swanson - Chapter 02 #2324.(p. 34)InMinnesotav.Dickerson, why was the defendant not convicted?A.Officer felt a substance in suspect's pocket, subsequently determined to be cocaine, during a patdown 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 #2425.(p. 34)Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learningabout or collecting new admissible evidence not known about before is theA. bad evidence doctrine.B.fruits of the poisonous tree doctrine.C. illegal seizure doctrine.D. unreasonable search doctrine.Swanson - Chapter 02 #2526.(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 doessubstantive law.FALSESwanson - Chapter 02 #2627.(p. 19)Final ratification of the Constitution of the United States was delayed because some states wantedguarantees that individual liberties would be safeguarded from potential oppression by the newlyformed government. These guarantees came in the form of the first ten Amendments to theConstitution known as the Bill of Rights.TRUESwanson - Chapter 02 #2728.(p. 20)The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedomsand equal protection of the laws for all citizens, especially the former slaves.TRUESwanson - Chapter 02 #2829.(p. 20)TheHurtadov.Californiacase attempted the process of the "shorthand doctrine" but instead, ratifiedthe "fruit of the poisonous tree doctrine."FALSESwanson - Chapter 02 #2930.(p. 21)Formally charging a suspect with a crime does not automatically flow from an arrest.TRUESwanson - Chapter 02 #3031.(p. 20&22)The most preferred method of affecting an arrest is under the authority of a warrant.TRUESwanson - Chapter 02 #3132.(p. 22)The two major benefits derived from securing prior judicial approval for arrests are that the approvalrelieves the law enforcement officer of the burden of proving the legality of the arrest, and it providesfor automatic approval of evidence to be used during the trial for the crime the person was arrestedfor.FALSESwanson - 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. "Inthe presence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, orsmell.TRUESwanson - Chapter 02 #3334.(p. 24)The law allows an officer to make warrantless arrests in felony cases provided reasonable grounds orprobable cause exists to make the arrest.TRUESwanson - Chapter 02 #3435.(p. 26)A search warrant is a written order, in the name of the judge, signed by a district attorney, exercisingproper authority, and directing a law enforcement officer to search for specific property and bring itbefore the court.FALSESwanson - Chapter 02 #3536.(p. 27)The ________ must particularly describe the place to be searched. The description must be sufficientto distinguish the location from all others.search warrantSwanson - Chapter 02 #3637.(p. 27)If the affidavit and search warrant are for the search and seizure of _______, the search can be prettyextensive. It is permissible to search closets, under beds, in dresser drawers, in medicine cabinets, andin kitchen cupboards.drugsSwanson - Chapter 02 #3738.(p. 27)In _______, the Supreme Court ruled that violation of the knock and announce requirement for theservice of a search warrant will no longer result in the suppression of evidence found during theexecution of the search warrant.Hudson v. MichiganSwanson - Chapter 02 #3839.(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 aburglary charge was unreasonable.Chimel v. CaliforniaSwanson - Chapter 02 #3940.(p. 30)The Supreme Court ruled in the 1981 case of ________ that when a police officer makes a lawfulcustodial arrest of the occupant of an automobile, the officer may search the vehicle's passengercompartment including any open or closed containers found in the vehicle compartment. It does notinclude the trunk.New York v. BeltonSwanson - Chapter 02 #4041.(p. 32)The Supreme Court held that law enforcement officers may enter a home without a warrant wherethere is an objectively reasonable basis to believe that an occupant is seriously injured or imminentlythreatened with serious injury. The case law is _______.Brigham City v. StuartSwanson - Chapter 02 #4142.(p. 32)An ________ search is done for the purpose of protecting the property of the person arrestedand documenting what was found with a receipt given to the person arrested. In this manner, lawenforcement can prevent accusations of stealing an offender's money or property.inventorySwanson - Chapter 02 #4243.(p. 33-34)Terryv.Ohioallows for the ________ of the outer clothing of a suspect for a weapon if the officer isconcerned about his own safety.pat downSwanson - Chapter 02 #43

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44.(p. 34)The ________ doctrine provides that evidence obtained from an unreasonable search and seizurecannot be used as the basis for learning about or collecting new admissible evidence not known aboutbefore.fruits of the poisonous treeSwanson - Chapter 02 #4445.(p. 34)The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a person toidentify himself when so requested during a ________ stop. Twenty states have this identificationrequirement.TerrySwanson - Chapter 02 #4546.(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 specificallygranted for the purpose of establishing a national government. However, final ratification of thenew constitution was delayed because some states wanted guarantees that individual liberties wouldbe safeguarded from potential oppression by the newly formed government. This desire was basedon the experiences of the colonists who supported the Declaration of Independence and fought theRevolutionary War that won independence and created the United States of America, all of whichoccurred because the King of England was oppressing the colonies. The guarantees came in the formof the first ten amendments to the Constitution known as the Bill of Rights. The Bill of Rights wouldeventually be applied to the states. The current day laws of arrest, search, and seizure flow from theoriginal Bill of Rights as interpreted in Constitutional case law by the Supreme Court.Swanson - Chapter 02 #4647.(p. 19-20)Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants in criminalcases.The liberties protected by the specific clauses of the Bill of Rights are not exhaustive. One clauseof 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 propertywithout due process of law." Due process is one of those concepts that has long been the subject ofjudicial 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 burdeningthe effort with reams of judicial history and philosophy. Thus the Supreme Court has its latitudeto interpret the Constitution in any manner it deems to be fair and just under the American judicialsystem.The Civil War was over. Slavery had been abolished. The Thirteenth, Fourteenth, and FifteenthAmendments were all designed to guarantee the freedoms and equal protection of the laws for allcitizens, especially the former slaves.Interpretations of portions of the Fourteenth Amendment provide the foundation for much of moderncriminal 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 incriminatingevidence was allowed, and the evidence obtained was admissible in court. Surprisingly, federal lawenforcement officers in the United States were permitted to follow the same rule until 1914.InWeeksv.UnitedStates, the Court established what became known as the "Federal ExclusionaryRule." The Court ruled that any evidence unreasonably obtained by federal law enforcement officerscould no longer be admissible in federal prosecutions.After theWeeksdecision, very few states adopted their own exclusionary rule applicable within theirown states. Following Dollree Mapp's conviction and the denial of her appeals in the state courts, hercase was appealed to the United States Supreme Court.Mappv.Ohiodecided in 1961, established therule 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 #4849.(p. 22)What are the benefits to a police officer and the case if an arrest is made under the authority of awarrant?There are two major benefits derived from securing judicial approval for arrest through the processof obtaining a warrant. First, it relieves the police officer of the burden of proving the legality of thearrest so that the officer need not fear charges of false arrest, malicious prosecution, or other civilsuits. Second, it provides for an independent evaluation of the evidence.Swanson - Chapter 02 #4950.(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 aperson who can be described as required by the Constitution. John Doe is used if a name, alias, ornickname is unknown. However, the other type of John Doe warrant, which is merely issued forany person who might have committed that offense without satisfying the particular descriptionrequirement of the Constitution, is totally invalid.Swanson - Chapter 02 #5051.(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 thanactual 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, notall 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 ofWeeksv.UnitedStates. TheCourt made it quite clear that, because this was a federal case, the decision was applicable only tofederal law enforcement officers and federal courts and was in no way applicable to the states. Butthis decision, as do many Supreme Court decisions, left a number of unanswered questions. Out ofone question arose the "Silver Platter Doctrine." TheWeeksdecision prohibited federal officers fromillegally seizing evidence but it did not prevent law enforcement officers to the states from illegallyseizing 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 #5253.(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 awarrant was obtained. The investigator must be aware of what constitutes a valid warrant to ensurethat 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 otherperson to arrest a particular individual and to bring that person promptly before a court to answer acriminal charge. The arrest warrant generally must be written. By legislation, some jurisdictions allowfor 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 personallyreviews 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 theofficer that serves as the basis for the issuance of the warrant. In major cases, the requirements varyon 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 #5354.(p. 30-31)What limitations have judicial cases placed on the search of a motor vehicle incident to a lawfularrest?Keeping in mind the foundation principle of theChimelcase, that a search may be made of the areaunder the arrestee's immediate control, the Supreme Court ruled in the 1981 case ofNewYorkv.Belton, that when a police officer makes a lawful custodial arrest of the occupant of an automobile, theofficer may search the vehicle's passenger compartment as a contemporaneous incident of arrest. Theright to search includes any open or closed containers found in the passenger compartment. It does notinclude the trunk.In brief, the Court said that the right to search the passenger compartment of a car still exists even ifthe officer does not make contact until the person arrested has left the vehicle. The issue in this caseasked the question on the reasonableness of the search whether the defendant was inside or outsidethe vehicle when first contacted and subsequently arrested. The opinion points out that the length oftime the person had been out of the car and how far away from the vehicle the person was may allcome into play in determining reasonableness of a search. Interestingly, in this case, the defendant hadalready been secured and was in the back seat of the patrol car when this search took place. This, ofcourse, was pointed out by the dissenting Justices, who said there was no longer any chance to obtaina 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 violationand writing a citation. A citation is not an arrest and no right to search arises.Swanson - Chapter 02 #54

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