Chapter 2: Legal Status: Completed 300 Questions & Answers Updated, November 01, 2011 Curriculum 2044 Created by Rossy Parker 1) The American legal system is based primarily on _. a) Constitution common law ©) Case law 4d) Statutory law 2) There are several types of law that govern the way we lve in the U a) constitutional law, statutory law b) ordinances, criminal law a case law, and civil law 3) _ defines the form of goverment we as Americans have established for ourselves. +2) Gaston aw ») English Common law ©) Case law 4) Statutory law 1 States including _ 4) The Constitution defines our representational government and its three-branch structure _. a) executive b) legislative ©) judicial 5) Through constitutional law, we can identify the powers and _ a) limitations of each state of each branch ©) limitations of each police department 4) imitations of each city 6) Constitutional law consists of standards set forth in the Constitution and of court decisions or interpretations of the Constitution. HEBRIRI down by US. Distnct ard Suprome Cours ) handed down by police departments ©) handed down by U.S. ordinances d) handed down by U.S. citizens 7) __ has its own state constitution that generally parallels the U.S. Constitution, a) The Constitution of New York b) The Court System 4) The legal system 8) The Florida Constitution affords Florida's citizens the same level of rights or greater than they derive Constitution ) from the state Constitution ©) from three branches ¢) from the executive branch9) Statutory law is written laws enacted by __in response to a perceived need to clarify the function of government. a) Congress b) state legislatures ¢} local governing authorities 10) Statutory law includes __. ) civil, criminal b) administrative °) gegtory laws 11) Statutes enacted by a municipal (city) or county government are known as a) civil aw b) criminal law 4) family iaw 412) Local governments create ordinances which regulate matters of narrow application such as 1a) curfews for minors, b) restrictions on the hours when alcohol may be sold ) parking regulations 13) _ apply only within the jurisdiction of the governmental entity that enacted them. b) Criminal law ¢) Givi law «) Family law 14) Some ordinance violations are __, while others are _. a) right, wrong b) misdemeanors, felonies } legal, illegal civil infractions 15) __ cannot conflict with state or federal law, including case law. b) Rules ) Regulations ¢) Disputes 16) Within statutory law, __and government prosecution of those who commit them. a) define acceptable rules ) some provisions define unacceptable personality aa define unacceptable behaviors d) some provisions define acceptable behaviors, 417) Statutes are called criminal law and must clearly describe the unacceptable behavior _ for it b) set the guidelines ¢) set the aggravation 4) set the command48) The sa of law formed by the decisions of the judicial branch is, b) called administrative case law ©) called case dispute 4d) called case legality 19) These court __ decisions based on the cour's interpretation of constitutional provisions. a) analyze b) transmit o) execute 20) Courts clarify the meaning of a__ or rule as applied to a specific set of facts, a) system 21) Civil law pertains to legal action a person takes to resolve __. dispute with another person ) a private fight with another person ¢)a dispute with another person 4) public dispute with another person 22) The courts provide a __ for the parties to resolve disputes through legal action, a) solution ») tools 2 room 2) In civil awsuits, the person fling the lawsuit must have a_. a) recognized altercation ») recognized injunction cause of action 4) recognized a dispute 24) A cause of action is to a civil case what a criminal statute is a) to legal case case ©) to a lawsuit 4) to a criminal accusation 25) Crime victims also have __ that allow them to sue the perpetrators of the crimes, a) cause for divorce 'b) cause for rescission ©) causes of damages of action 26) Sometimes, law enforcement's actions in enforcing a law can generate ») disciplinary action ©) stress to the police chief 4) disappointment 27) Law enforcement officers are required to__ by the limitations that the Constitution sets. a) disobey28) Law enforcement officers are required to__ the case law decisions that interpret those limitations. a) disobey b) listen 3 respect 29) Certain amendments are particularly __ to law enforcement. a) interesting ©) significant 4) relevant 30) The Constitution protects individuals from ___and defines law enforcement's authority to act. abuse of power b) police abuse of power ) bosses abuse of power 4) citizens abuse of power 31) _., an officer must be able to determine how to follow the law. a) In any moment b) In any time 4d) In any location 32) ___, all people stand equal before the law and therefore share certain rights. a) According to the police chiefs b) According with the U.S. government ) According to Florida to the U.S. Constitution 33) Which rights are described in the first ten amendments? a) Freedom of speech ) Protection against unreasonable searches/seizures ) Prohibition of cruel and unusual punishment 34) The first ten amendments to the Constitution, which are known as the__- b) Constitution ©) Law 4) Statutes 35) Although many of first ten amendments focus on the a) Constitutions ©) Case law 4) Criminal law 36) Many of the first ten amendments focus on law enforcement officers activities. a) Fourth, b) Fifth ©) Sixth Amendments37) The purpose of government is to __ these rights. a) break b) create ©) violate 36)7he goverment is the _of he people, rot her maser, an LEO represen the lw 39) The U.S. Constitution __ which the government operates and establishes laws. a) is the master ) has the last word 4) represents the law 40) The decisions of the ___ resolve issues or conflicts, which arise under the Constitution. a) C.R. Supreme Courts b) England Courts ©) Florida Courts 41) The decisions of __ resolve issues or conflicts, which arise under the Constitution. “other sppesls courts ) other sheriff departments ©) other authoritios 4) other appeals legislations 42) __ of the Constitution form the Constitution's main body. a) The legislature ) The classification of the offenses ©) The letters 43) The Constitution purpose is to form a contract between the people of the US and the US government that responsibilities and authority of the three branches ) ensure that individual rights are not infringing upon by the goverment ©) when laws conflict, federal law generally overrules state and local law 4) set parameters with the government operates and establishes laws 44) The supremacy clause Isa significant idea Incorporated __ a) into the Constitution by the founding mothers 'b) into the Constitution by the founding parents BRMBITIIES Govetuon Gy te turd tathors d) into the Constitution by the founding family, 45) Set forth in Article VI, the supremacy clause states that when laws conflict, federal law generally a) overrules the government ‘state and local law ©) overrules civil and criminal lawd) overrules the government 4 Sai Ta cone rer sche fan nda ib cack undermine __ ‘ahi federal standare b) the Constitution Sn ere er d) the Judicial decisions 47) The Amendments to the Constitution affect law enforcement officers more than _. a) any other part ofthe world ») any other part of the legal system ) any other part of the law Part of the Constitution 48) The Amendments to the Constitution purpose is to ensure that individual rights are upon by the government ») not infringed upon by the state ©) not infringed upon by the cities d) not infringed upon by the counties 49) ___are of particular importance to law enforcement, as they concer issues of officer liability a) The First, Second ») Fourth, Fifth, Sixth ©) Eighth Amendments 50) The First Amendment protects __. a) freedom of speech b) press, peaceful assembly oD 51) Examples of law enforcement officers activities that may be affected by the First Amendment include 2) arrests for disorderly conduct b) seizure of press materials cameras °) ies and writing material 52) uarantees the right to bear arms. ‘Amendment b) The First Amendment ©) The Fifth Amendment 4d) The Eighth Amendment 53) ___ sets forth the guidelines regarding firearms in the state of Florida. a) Chapter 970 of the Florida Statutes 5) Chapter 087 ofthe Flrida Statutes HARIRI of tre Fiovaa Stance d) Chapter 8790 of the Florida Statutes 54) Identify the key aspects of the Fourth Amendment. a) Prohibits unreasonable search and seizure ) generally requires a warrant ©) warrant signed by an independent magistrate (judge)55) Law enforcement officers activities affected by the Fourth Amendment include law enforcement's entry into. a) homes, vehicles ») luggage, purses, or other places ) where a person has a reasonable expectation of privacy 56) Privacy includes _. a) his or her person ») interference with people's right to possess c) maintain control over their property 57) Law enforcement officers_and must meet the reasonableness requirement a) stops and arrests ) use of force on persons ) are considered seizures 58) __ is best known for prohibiting compelled self-incrimination. a) The Second Amendment b) The First Amendment ‘Amendment 4) The Eighth Amendment 59) The Fifth Amendment requires __ without due process of law. a) grand jury indictment for capital crimes ) prohibits double jeopardy ©) deprivation of life, liberty, or property 60) Law enforcement activities affected by the Fifth Amendment include _ a) interviewing b) arresting suspects ¢) taking other illegal LE action in violation of due process 61) The Sixth Amendment guarantees the right toa__and to confront witnesses. 1a) speedy and public trial b) counsel, an impartial jury, ©) to be informed of the nature of the charges 62) LE activities affected by the _are related to making contact with a suspect who is represented by ‘counsel, 1a) The Second Amendment b) The First Amendment *c) The Sixth Amendment 4d) The Eighth Amendment 63) The Eighth Amendment prohibits __ a) excessive bails ») fines and cruel ) unusual punishment64) Other than making a bond recommendation or request to the judge, a law enforcement officer has ‘Fajita to do with fines or punishment »b) nothing to do with fines or punishment ©) a lotto do with fines or punishment 4) something to do with fines or punishment 65) __was originally intended to restrict actions ofthe federal government only. a) The US. Constitution ») Florida Statutes of Rights 4) Florida Constitution 66) __ expanded the application of the Bill of Rights to state and local governments as well a) The Fifth Amendment ‘Amendment ©) The First Amendment 4) The Second Amendment 67) "No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws.” a) The Fifth Amendment ‘Amendment ©) The First Amendment 4d) The Second Amendment 68) __ also contains a due process clause but is limited only to the actions of the federal government. b) The Fourteenth Amendment ©) The First Amendment 4d) The Second Amendment 69) Simply put, the due process clauses of __ require the government to be fair when taking away someone's life, liberty, or property ‘a)ithe Fifth and Fourteenth Amendments b) the Fourth and Fourteenth Amendments, ©) the Fifth and Second Amendments 4) the First and Third Amendments 70) The rules under which LEO operate are constantly changing based upon revisions a) in statutes b) case law 4 interpreting the statutes 71) _ is responsible for keeping current with these changes. a) Each police department b) Each state officer 4) Each person 72) There are a variety of sources available to help officers stay current, including _. a) police magazines ») training bulletins©) official web sites 73) Examples of Official web sites are a) Florida Department of Law Enforcement b) Florida Attomey General 0) Florida Supreme Court 74) Officers should avoid obtaining legal knowledge from unofficial sources such as_. a) newspapers, television ) unofficial web sites 2 word of mouth 75) Violating case law holdings may have the same consequences as violating a) criminal law law ©) civil aw d)all 76) When an officer violates these principles, he or she may risk exclusion of evidence at trial, __. a) case dismissal b) administrative discipline ©) civil liability, criminal prosecution a ‘The term __ broadly describes acts that are punishable under Florida law. ») criminal offenses ©) non-criminal offenses 4) felony 78)___are punishable by incarceration and classified as either felony or misdemeanor. a) Offense offenses c) Non-criminal offenses 4) Felony 79)___ oF civllinfractions, are punishable by monetary ines or something other than incarceration. a) Offense ) Criminal offenses iNon-rminalefenses 4) Felony 80) An example of a___ is a traffic violation such as failure to yield the right of way. a) offense ire fires aici otenses 4) felony 81) A__is any crime committed for which the maximum penalty is death or incarceration in a state correctional faciity for more than one year. a) offense b) criminal offenses ©) non-criminal offenses82), are classified based on the severity of the offense's maximum or minimum penalty. a) Offenses b) Criminal offenses ) Non-criminal offenses 83) Each of the five__ classes is defined by the penalty andlor fine associated with it. a) offense ) criminal offenses c) non-criminal offenses 84) A__is the highest class of felony. a) felony 2" degree b) felony 1" degree felony 4) life felony '85) The penalty for__ is death or lfe imprisonment in a state correctional facility without the possibilty of parole. a) felony 2 degree b) felony 1" degree 4) life felony 86) For example, _described is @ capital felony and the only capital felony for which the state may impose the penalty of death. legree murder b) second-degree murder ©) third degree murder ) murder 87) All other __ require the state to impose a life sentence without the possibility of parole. a) felonies 2 degree b) felonies 1" degree felonies. 4) ife felonies 88) An example of a is sexual battery on a child under 12 years old by a person 18 years or older. a) felony 2 degree ») felony 1* degree felony 4) life felony 89) A___is any criminal offense with a maximum incarceration penalty in a county jail up to one year. a) felon) ©) capital felony 4) fe felony 90) are divided based on the maximum penalty and/or fine associated with the offense. a) Felon ) Capital felony4) Life felony 91) A first-degree misdemeanor carries a maximum penalty of __. a) two years in a county jail, a fine of $1,000, or both b) one year in a county jail, a fine of $500, or both ‘fo)on6 year in a county jail, a fine of $1,000, or both 4) six months in a county jail, a fine of $1,000, o both 92) A second-degree misdemeanor carries a maximum penalty of __. 2) 30 days in a county jail, a fine of $500, or both 5) 601dais ine county jl a ne of $500, or both €) 60 days in a county jail, a fine of $1,000, or both 4) 15 days in a county jail, a fine of $250, or both 93) An offense for which the only penalty may be a fine, forfeiture, or other civil penalty is a noncriminal Violation, a) also known as a civilcriminal infraction b) also known as a criminal infraction ©) also known as a infraction known as a civil infraction 94} or local regulations for the protection and well-being of its citizens and property. ‘aN NRIs or countos may enec orenances b) Cities may enact ordinances. c) States or counties may enact ordinances 4) Police Departments may enact ordinances 95) Local ordinances apply only to__ of the county or city that enacted them. a) older people b) law enforcement officers area 4) government 96) Most ordinance violations are___- a) criminaVcivil in nature in nature ©) criminal in nature 4) not punishable by statute b) civil by statute ©) legal by statute 4d) felonies or misdemeanors, 97) Certain ordinances may prohibit acts that are also___. 98) When in conflict, state/federal statutes take precedence _. a) over command ) over authority ©) over jurisprudence local ordinances: 99) The maximum penalty for violating a local criminal ordinance is a fine of $500 or _ a) incarceration in a county jail for a period of up to 10 days ») incarceration in a county jail for a period of up to 30 days in a county jail for a period of up to 60 days d) \carceration in a county jail for a period of up to 90 days100) The U.S. Constitution guarantees a right of privacy "__* to al citizens who do not break the law. a) “ieft to be left alone” ») ‘authority to be left alone” ©) “right and wrong” to be left alone” 101) The right to be alone is guaranteed by the . a) Amendment 5 *b) Amendment 4 ) Amendment 6 d) Amendment 4 102) Amendment 4, separates the US from totalitarian dictatorships in which people __, often simply because they disagree with the government, a) can be stopped at random ») forced to produce identity cards pero! 103) , is entitled to walk and drive the streets and highways and move about in public places free from polis interference as long as they obey the law. HEMEL iizen ard aon alto witin US. borders b) No one, citizen and alien alike within U.S. borders +) Few people, citizen and alien alike within U.S. borders 4) Not everyone, citizen and alien alike within U.S. borders 104) There is no right to be left alone _. 2) for people who violate the house rules b) for children who violate the law ‘RUERBpIG who vost the low 4) for people who violate grammar rules 105) People that violate the law, the Constitution does not object to their__. a) being searched b) seized, 2 purse for their crimes, 4106) The greater the restriction on a person's liberty or freedom, _ a) the less justification an officer must have ») the more justification an police department must have ‘more justification an officer must have 4) the more justification an citizen must have 407) The law recognizes __ standards of legal justification b) two ©) three 4d) six 4108) Standards of legal justcation are usually listed from __. a) minimum to maximum liberty restrictions to most liberty restrictions ¢) least to most variety of restrictions4d) some to most none restrictions 109) Standards of legal justification are usually listed from a) mere suspicion (1), reasonable suspicion (2) ) (3) probable cause 2 prot beyond a reasonable doubt (4) 110) _ means the same thing. a) Investigative Stop/Consensual Encounters ) Mere Suspicion/Pretext Stops ‘Suspicion/Consensual Encounters 4) Mere Suspicion/Reasonable Suspicion 4111) Not every police-citizen encounter is a seizure under _. a) Amendment 5 4 ) Amendment 6 4) Amendment 1 112) A consensual encounter occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to_ the police and go about his or her business, b) listen the police and go about his or her business ¢) intimidate to disregard the law and go about his/her business 4) feel obligate to disregard the police 113) Consensual encounter involves __. a) no coercion ) no detention c) no Fourth Amendment seizure 114) The Constitution doesn't prohibit officers from approaching pedestrians or motorists and engaging them in conversation by asking them __. a) if they are wiling to answer questions ) questioning them if they are willing to listen 2 ‘offering voluntary answers to such questions as evidence in any criminal prosecution 116) In determining whether an encounter was consensual, the court will ook at __ the encounter. a) some of the circumstances surrounding Qa of the circumstances surrounding ©) all of the case surrounding ¢) the circumstances surrounding 116) Questions the court will ask to determine ifthe encounter was consensual: __. a) Was the individual physically stopped or restrained by the officer? ) Was the individual restricted from leaving at any time during the encounter? ) Was the individual's freedom of movement restricted in any way? 117) Questions the court will ask to determine ifthe encounter was consensual: __ a) Did the officer's vehicle block the subject's vehicle and prevent the subject from leaving? b) Was the officer doing more than asking questions? ©) Any demands made by the officer can turn an encounter into a stop.148) Ifthe answers to any of these questions are “yes,” then the officer's contact with the citizen will be FAVSGIED a stop rather than an encounter ») deemed a stop rather than an investigation ©) deemed a conversation rather than an encounter «) deemed a violation rather than an encounter 119) A___may be based on mere suspicion or no suspicion at all. a) investigative b) reasonable suspicion encounter 4) pretext stops 120)___ is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge. 2) Investigative ) Reasonable suspicion BME sccpiccn 4d) Pretext stops 121) person or searching him or her, however, requires more than mere suspicion. a) Stopping ) Arresting 2 Handcuff 122) Examples of mere suspicion that might cause an officer to initiate a consensual encounter with a person include: a) a person wearing a heavy winter coat in the middle of summer with the temperature in the mid 20s ) a dirty car with a clean vehicle tag + a person dressed in all black walking in a residential neighborhood at 3:00 am. awe" pulling a lawnmower in a residential neighborhood at 11:30 p.m, 123) An officer must be prepared to articulate or explain in court _. ) his/her words and the legal justification for them b) his/her use of force and the legal justification for them het actions and the legal justification for them 4) his/her actions and the moral justification for them 124) The next level above consensual encounters involves or Terry stops. b) Reasonable suspicion ‘c) Mere suspicion 4) Pretext stops 4125) Investigative or Terry stops called because of the U.S. Supreme Court case _ a) Terry v. Florida, 392 U.S. 1 (1968) b) Terry v. Ohio, 392 U.S. 1 (1958) v. Ohio, 392 U.S. 1 (1968) 4d) Terry v. Ohio, 293 U.S. 1 (1968) 126) The Florida Legislature incorporated the Terry stop, __F.S. §901.151. a) rules into the Florida Stop and Frisk LawBYGUIGAIINES into the Florida Stop and Frisk Law ¢) guidelines into the New York Stop and Frisk Law d) guidelines into the Florida Stop and Law 127) Under the Stop and Frisk law, an investigative stop may be made only if the officer has reasonable suspicion that the person stopped a) was committing b) is committing C) is about to commit a law violation 128) __is the standard of justification needed to support a legal Terry stop or investigative detention. a) Mere suspicion suspicion ¢) Probable cause 4) Proof beyond a reasonable doubt 129) Reasonable suspicion is sometimes called _. ) “unspoken suspicion” or “founded suspicion” ») “articulable suspicion” or "unfounded suspicion” suspicion” or “founded suspicion” 4) ‘motivate suspicion” or “founded suspicion" 130) All three terms simply mean that an officer can __ that the person stopped was involved in a law Violation, a) articulate ») put into words 6) facts that support a suspicion 131) The facts and circumstances must support the suspicion that a person __ 2) committed a crime )is committing a crime ¢) is about to commit a crime 132) Reasonable suspicion, as well as probable cause required for a) mere suspicion b) probable cause °) fempocy detention 133) Reasonable suspicion and probable cause require for arrests, may be established a) personal observation, BOLO b) information from fellow officers ¢) information from third parties such as informants 134) A BOLO is a description of the __ that would help apprehend the suspect. a) suspect b) the suspect's name ony additional information 135) An officer's personal observations are formed by his/her _- a) friendshipb) assimilating the police culture ©) working very hard and experience 136) Training and experience help to observe __. a) subject's nervousness. b) subject’s running 2 subject's trying to evade the officer 197) Training and experience help to observe __ perceived smells or sounds. a) subject is in a known high-crime area b) time and location of the encounter/stop 2 subject's unusual dress or actions 138) __: the officer stops the vehicle due to equipment violation but really wants to investigate other, more serious criminal activity. a) Totality of circumstances b) Probable cause stop d) Investigative stop 139) Pretext stops were formerly considered a violation of the __ a) Firt Amendment b) Second Amendment \Fourt Amencmont 4) Fifth Amendment 140) The standard of justification required to make an arrest or conduct a search is a) Totalty of circumstances cause ©) Pretext stop 4) Investigative stop 141) Probable cause justifies greater invasions into a person's privacy, __. a) itis a stricter standard than investigative stop b) tis a less standard than reasonable suspicion a stricter standard than reasonable suspicion 4) itis a stricter law than reasonable suspicion 142) Probable cause is a___ grounds to belive that a crime was commited, based onthe totaly of aelenoee &) ua probability or reasonable idem resconable ¢) fair probabily or unreasonable d) fair estimation or reasonable. 143) Examples of probable cause include _. a) a computer hit confirming that a vehicle fs stolen ) victim and witness swom statements ©) the odor of marijuana coming from inside a car 144) The difference between reasonable suspicion and probable cause __. a) is the number of officers available to investigate the caseb) is the amount of information available to the officer «is the quality of information available to the suspect ‘amount and quality of information available to the officer 145) __ is when courts review all factors known to the officer at the time of the incident. of circumstances b) Probable cause ©) Pretext stop 4d) Reasonable suspicion 146) To establish probable cause and subsequently make an arrest or conduct a search, __. a) an officer may rely on many types of training Dyan ofioe may rely on many types of evidence c) an officer may rely on educational background 4) an officer may rely police budget 147) The officer is not limited by the rules of evidence used in a) civil trials b) family trials ) administrative trials trials 148) A prosecutor cannot relate hearsay statements and anonymous tips toa_. for the purpose of determining guilt ) accuse for the purpose of determining guilt ©) jury for the purpose of determining innocent d) defense attomey for the purpose of determining guilt 149) Information used to formulate reasonable suspicion and _ a) probable cause must be related ») probable cause must be limit ©) probable cause must be general cause must be specific 150) ___ enough to make identification possible. a) Descriptions should be cleared ‘should be detailed ) Descriptions should be informative 4) Descriptions should be updated 151) The description of a vehicle should be _ a)‘a blue van" ») turquoise 2007 2 Dodge Caravan 162) __used to establish probable cause or reasonable suspicion must be those that the court recognizes as reliable. 2) Investigations techniques ) Type of crime is ) Interrogation is of information 153) The courts deem several sources as reasonable for officers to rely on: _. a) the fellow officer rule b) a citizen informant©) corroborated (verified) anonymous tips 154) The courts deem several sources as reasonable for officers to rely on: _ a) reliable and credible confidential information ) lineups. 2 show-ups 155) ___ involves relying on the collective knowledge of other officers in taking law enforcement action. a) Live lineup ) Proof beyond a reasonable doubt officer rule 4) Photo array 156) __ establish probable cause for an arrest or a search only if the information has been substantiated as credible and reliable, from a confidential informant may be used to ») Information may be used to ©) confidential detail may be used to 4) confessions may be used to 187) Information can be substantiated ifthe informant has given reliable information in the past _. a) orifitis tue ») or if itis independently created itis independently corroborated 4) orf itis corroborated 158) ___may also be based on identifications from photo arrays and live lineups. a) Live lineup By preted aransenble dour feymrobaié case 4) Photo array 159) __ of a series of photographs in a nonsuggestive manner for the purpose of identification of a suspect. 2) The photo array is a presentation to a suspects b) The photo array is a presentation to a police officers array is a presentation to a victim or witness 4) The photo array is a presentation to a sergeant 160) A photo array generally consists of a minimum of six photographs that have similar backgrounds and portray persons of similar physical characteristics including a) age, race b) hair color and length ©) facial hair 161) Officers must guard against any action, whether in the __, that might be interpreted as suggesting to the witness which photo should be identified 2) selection of photos b) through a comment °) a or body language 162) Irregular actions will result in suppression of the __.‘T2IBHGW identification as evidence b) investigative process c) case d) law enforcement officer 163) A live lineup is the presentation of a number of individuals, which may include ___ for the purpose of identification, a)a known suspect b) to a victim or witness. ©) nonsuggestive manner 164) This type of lineup is rarely used in investigations but is commonly seen on _ a) television programs ‘programs and in movies ©) in movies 4) police departments 165) Before a person may be found guilty of a crime and sentenced, the prosecution must present evidence sufficient to prove _. a) not guilt of each element of the crime beyond a reasonable doubt 'b) guilt of one element of the crime beyond a reasonable doubt ) Quit of each element of the crime 1d) Guilt of each element of the crime beyond a reasonable doubt 166) In Florida criminal trials, judges read to the jury the instruction explaining proof beyond a__. a) lve lineup b) proof beyond a reasonable doubt doubt 4) photo array 167) A reasonable doubt is not a mere possible doubt, a) a speculative b) imaginary ©) forced doubt 168) Different standards of proof are used in__ in Florida. ‘ae and administrative cases ») family and English law cases ©) criminal and civil law ) administrative and case law 169) The burden of proof in civil cases is “___ (preponderance) of the evidence.” a) the higher weight ») the lower weight ‘greater weight 4) the greater pain 170) in administrative proceedings, a) “clear and convincing documents. ) “clear and not convincing evidence.” ) “unclear and convincing evidence.” ‘and convincing evidence.” 171) The purpose of the 4"" Amendment is to protect people from governmental intrusion in areas 1e burden of proof is _a) where they have no expectation of privacy b) where they have a reasonable expectation of life {elhore they nave aressonale expectation of privacy d) where they have a reasonable protection 172) ___ unless they are conducted with probable cause and under reasonable circumstances. 4” Amendment prohibits searches and seizures b) The 3" Amendment prohibits searches and seizures ‘c) The 5" Amendment prohibits searches and seizures 4d) The 2 Amendment prohibits searches and seizures 173) ____into a place where a person has a reasonable expectation of privacy. 1a) A search occurs when teachers intrudes b) A search occurs when parents intrudes c) A search occurs when a neighbor intrudes ‘occurs when the government intrudes 174) A seizure ocours when the government affects a__. usually by physically taking it. a) police department right to have or control the agency b) person's right to have fun in his/her property Palparsonis gre to have or control his or her property 4) teenage right to have privacy 175) A search warrant is a court order that authorizes law enforcement to conduct a search and seizure. a) confiscation b) search ) seizure a) Seareh warrant ‘The search warrant must be directed to a person or agency with specific jurisdiction over the location of the search. The affiant may be anyone, but the person serving the warrant must have jurisdiction over the place chosen for service. 176) In order to be deemed valid, a search warrant must meet a number of legal requirements, ‘a) must be authorized and signed by a neutral magistrate or judge 'b) must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched ©) the affidavit must come from reliable sources 177) In order to be deemed valid, a search warrant must meet a number of legal requirements. 2) must particularly describe the person b) place to be searched andlor the items to be seized ) detailed description in the search warrantis a crucial element 178) The Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court. a) Good Faith Doctrine ) Bad Faith Doctrine Rule 4) Inclusionary Rule 179) The purpose of the Exclusionary rule is to discourage officers from violating citizens’ constitutional rights2) ing criminal investigations b) during interrogatories: ©) during search and seizures d) during a traffic stops 180) The ___ applies to an officer's actions in conducting a search pursuant to a search warrant Faith Doctrine b) Bad Faith Doctrine ©) Exclusionary Rule 4) Inclusionary Rule 181) __and a court later determines the warrant to have a legal error, any seized evidence may still be admitted a) If non-sworn person executes a search warrant they believe to be valid ») If officers execute a search warrant they believe to be invalid execute a search warrant they believe to be valid 4) If officers execute an illegal search warrant 182) The three elements that comprise a Fourth Amendment “search” are thus Government + Intrusion + Reasonable Expectation of Privacy. a) Mere Expectation of Privacy Expectation of Privacy ) Right to Privacy 4) Privacy 183) If any element is missing, the activity is not a search, and the Fourth Amendment is not implicated. a) Government b) intrusion c) Reasonable Expectation of Privacy 164) If all three elements are present, however, __ a) the Fourth Amendment does not apply Fourth Amendment does apply ©) the Fourth Amendment may be apply 4) the Fourth Amendment never apply 185) Five exceptions to search warrant requirements require probable cause, a) and six do not ) and four do not five do not 4) and three do not 186) Two search types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have a reasonable expectation of privacy in the place to be searched. Those searches are __. a) abandoned property and plain view ) abandoned property and plain sight ed property and open fields 4) abandoned property and open view 187) The owner of the trash has abandoned any expectation of privacy in the trash, so officers may seize it and search through it without a warrant. This is referred to as. property ») plain view ©) open field9) plain sight 188) Identify the open field doctrine as an exception to the search warrant requirements. a) Curtlage ) Back porch ‘of someone's property where there is no reasonable expectation of privacy. 4) Fenced yards 189) __ is the enclosed space or ground and the outbuildings immediately surrounding a structure of someone's home and open field. ) Back porch ©) Garage 4) Fenced yards 190) __constitutional protection than areas that do not have such improvements. a) Garage are given a higher degree of rence ond posted fields are given a higher degree of ©) Back porch given a higher degree of 4) Fenced yards are given a higher degree of 191) The law presumes that a search without a warrant is invalid; however, there are a number of exceptions, five of which require probable cause: a) plain view, mobile conveyance b) destruction of evidence, fresh pursuit ©) emergency scene 192) Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause to believe the item is contraband or crime evidence. Probable cause required. b) Destruction of evidence °c) Mobile conveyance 4) Fresh pursuit 193) Because vehicles and other mobile conveyances are easily moved and have a reduced ‘expectation of privacy because they must be. a) licensed b) registered ) insured 194) __ they may be searched without a warrant. a) Plain view b) Destruction of evidence ‘conveyance 4) Fresh pursuit 195) ___ is required for a mobile conveyance search. a) Reasonable suspicion b) Consensual Encounter c) Mere suspicion cause196) A___ search may be conducted without a warrant even if there was time to get a warrant, a) plain view b) destruction of evidence conveyance 4) fresh pursuit 197) The scope of a search under the Carroll Doctrine extends to the entire vehicle and to all containers where the evidence could reasonably be found. Probable cause required. a) Plain view ) Destruction of evidence ‘conveyance 4) Fresh pursuit 198) Ifthe facts and circumstances provide ___ that the trunk contains contraband, the officer, may only search the trunk. a) Reasonable suspicion ) Consensual Encounter c) Mere suspicion cause 199) A mobile conveyance search does _. ta)inot have to occur at the same time as the stop b) have to occur at the same time as the stop c) have to occur before the stop 4) not have to occur after the stop 200) Courts have held that ___ to detect odors of controlled substances by walking the dog around the exterior of the car. a) itis not a search to use a dog b) tis not a search to use a certified LEO G)itis a search to use a certified police K-9 ‘search to use a certified police K-9 201) Destruction of evidence is one of the exigent circumstances that permit search and seizure without a warrant a) Good Faith Doctrine of evidence ©) Notice to Appear 4) Exclusionary Rule 202) Exigent circumstances are certain emergencies such as __ that justify a warrantless entry. a) evidence destruction b) an emergency scene ) fresh pursuit 203) To enter a residence or other private place while chasing a suspect generally requires a) probable cause that the suspect committed a serious crime ) immediate or continuous pursuit of the suspect am ‘cause that the suspect is in the premises that is being entered without a warrant 204) Any contraband or evidence in plain view found in the place entered in fresh pursuit will not be subj because of failure to obtain a search warrant ) to confiscation because of failure to obtain a search warrant©) to violation because of failure to obtain a search warrant 4) to elimination because of failure to obtain a search warrant 205) Five additional search warrant exceptions require less than probable cause: 2) stop and fisk, incident to arrest b) consent, inventory ) administrative searches 206) In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court ruled that a law enforcement officer may search the exterior clothing of someone lawfully detained ifthe officer has ___to believe that the person is armed. ) consensual encounter b) probable cause ‘c) mere suspicion suspicions 207)A___ is not a full search, but is simply patting down outer clothing for weapons. 1a) consent ©) search incident to arrest 4) plain feel doctrine 208) Florida's Stop and Frisk law requires probable cause before such a weapons pat down is permitted. Case law, however, has held that in this context the term probable cause means __. a) consensual encounter ») probable cause c) mere suspicion ‘suspicions 209) A Terry stop is justified if an officer has reasonable suspicion to believe that the person _ a) is committing ) has committed ) is about to commit a criminal offense 210) The two elements necessary for a lawful pat down or frisk are (1) the subject is lawfully detained, and (2) the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon. a) mere suspicion suspicion ©) probable cause 4) proof beyond a reasonable doubt 211) The scope of the frisk is limited to a pat down of outer __. a) clothing b) containers ©) property being carried by the subject 212) An officer who conducts a valid __, and in the process feels an item he/she readily recognizes as contraband, may seize that contraband. a) arrest ») detention ) search incident to arrest213) Known as the __, this rule allows the officer to seize the contraband even if it does not feel like a ‘weapon, 1a) consent b) Terry frisk ) search incident to arrest touchffeel doctrine 214) __ does not permit any manipulation or groping of the object in an effort to identify it as contraband. ‘a) Consent b) Terry frisk ¢) Search incident to arrest touchifeel doctrine 215) Identify the plain feel doctrine as an exception to the search warrant requirement. must be able to articulate that, based upon his or her training and experience, helshe immediately recognized the item as contraband. b) An officer may ask anyone for consent to search ©) The U.S. Constitution guarantees a right of privacy 4) Itis reasonable under the Fourth Amendment 216) A search incident to arrest may only be conducted when two requirements have been met. First, there must have been a lawful custodial arrest. Second, the search must be "__" or at the same time with the arrest, a) witnessed contemporaneous ) accessible 4d) left for the DOJ staff 217) The scope of a__is the arrestee’s person and the areas “within the immediate control of the arrestee" at the time of the arrest. 1a) consent b) Terry frisk Incident to arrest 4) Plain feel doctrine 218) Identify the search incident to arrest exception to the search warrant requirement. {@INSEaE incident to arest may ncude a sip search ony under conan ereutances )Itis unequivocal, specific, and intelligent ¢) Investigative Stop 4) Reasonable suspicion 219) Consent searches do not require ‘) probable cause ») reasonable suspicion c) even mere suspicion 220) Voluntary means the consent is___ given and more than mere acquiescence in the face of a claim of lawful authority. a) unequivocal ») specific ©) inteligently 221) Examples of consent searches are searches of __. a) of airline passengersb) of patrons attending sporting events ) of visitors to courthouses or other government buildings 222) __ may be withdrawn at any time during the search and once withdrawn, officers must stop searching immediately. b) Terry frisk ¢) Search incident to arrest 4) Plain feel doctrine 223) __are not designed to search for evidence but o protect the arrested person's property and to protect the officer from accusations of theft. 2) Confessions b) Terry St searches. 4) Search Incident to Arrest 224) An_ is a written list of all valuable property in a vehicle. a) accusation b) tri 4) incident 228) When the driver of a vehicle is arrested, the __must make sure the vehicle is properly secured. ice department officer ©) tow company 4) family members 226) searches generally do not require a warrant due to the setting or special conditions. b) Regulatory ©) Terry frisk 4d) Incident to arrest 227) Administrative searches include _. a) students, public schools ) people in government offices ° gayormen property (such as desks, lockers, and vehicles) 228) Administrative searches include __. a) persons engaged in certain businesses or licensed activities ) persons on probation rarer" Parole 229) _ because they are for administrative or regulatory purposes and usually are not conducted by law enforcement personnel. searches generally do not require warrants b) Regulatory searches generally do not require warrants ©) Terry frisk searches generally do not require warrants 4d) Incident to arrest searches generally do not require warrants 230) Because certain industries are heavily regulated, their expectation of privacy is.a) affected b) increased 2 auestoned 231) Other examples of administrative searches are _ a) fre marshal or OSHA inspections of businesses ») probationer searches, building inspections 3 restaurant inspections 232) Agency policy will dictate the extent to which officers may be involved in__. a) assisting with such detentions 3 cosateaathvouph twestiaions Soa war such searches 4) assisting with such seizures 233) Define the scope of constitutional searches. a) There is no limit to searches ) There is no reasonable exception to searches ©) Whatever the officers find legally or illegally to the items being searched 234) In the scope of constitutional searches, once the items are found, __. a) the search must continue ‘itnersearh must stop c) the search must start ) the search must be redone 236) If an officer has probable cause to search a home for stolen reftigerators, __is unreasonable because a refrigerator cannot fit in those places. a) searching drawers b) clothing Syunger the bed £236) Whether conducting a search using a warrant or acting under a legally recognized exception, case law and statutes allow officers to search for these items: 4) dangerous weapons ) fruits of the crime, contraband c) instruments of the crime 237) Whether conducting a search using a warrant or acting under a legally recognized exception, case law and statutes allow officers to search for these items: a) evidence relevant to proving the commission of a felony b) items defined by statute (Ch. 933, F.S.—Search and Inspection Warrants) syguarecs 238) Define fruits of the crime. receives as a result of committing a crime. ) Basket of fruits for suspect's consumption after trial ©) Things that tastes good 4d) There is no such thing239) things a criminal uses to commit a crime. of a crime b) Fruits of the crime ©) Contraband 4) Mind contro 240) an illegal possession due to the nature of the item, the amount, the person, or the type of activity for which the item is being used a) Instruments of a crime ) Fruits of the crime ) Mind control 241) gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles. a) Florida Seizure Act ) Florida Forfeiture Act Contraband Forfeiture Act 4d) Florida Contraband Act 242) Contraband articles include items which are __. a) illegal to possess b) items used in the commission of a felony 2 items purchased with the profits of felonious activity 243) _ is a civil proceeding wherein the law enforcement agency asks the court to transfer owner of the property from the defendant to the government. b) Seizure ©) Redistributes 4d) Justification 244) The __ may then sell the property at auction or use the property for law enforcement Purposes, a) police officer b) police department 4) city 245) ____quards against not only unreasonable searches but also unreasonable seizures, a) The First Amendment b) The Second amendment c) The Third Amendment *9)0TI@ Fourth Amendment 246) Officers must use great care in applying principles of constitutional search and seizure law before seizing property under a) Florida Seizure Act b) Florida Forfeiture Act Contraband Forfeiture Act 4d) Florida Contraband Act 247) __must never be any part of the basis for a contraband seizure. These topics are discussed in greater detail elsewhere in this curriculum. a) Illegal pretextual stops) reliance upon drug-courier profiles ) racial or ethnic profiling 248) Officers must remember that the purpose of seizure and forfeiture of contraband is never to obtain revenue, but 2) to further the law enforcement purposes of public safety b) the safety of law enforcement officers ©) or the investigation and prosecution of criminal activity ‘aya 249) for seizure and forfeiture of contraband. a) Miami has established mandatory guidelines has established mandatory guidelines Florida ¢) Canada has established mandatory guidelines 4d) The U.S. has established mandatory guidelines 250) Officers should be familiar with these guidelines, __. ‘hand their departments forfeiture policies b) and their department's policies ) and their department's culture 4) and their department's ways of doing business 251) gives law enforcement officers the authority to make arrests, a) Chapter 921, Florida Statutes ) Chapter 091, Florida Statutes Florida Statutes 4) Chapter 109, Florida Statutes 252) An__is defined as depriving a person of his or her liberty by legal authority. ) Arrest warrant ©) Arrest affidavit 4) Sworn complaint 253) There are __ types of arrest under Florida law. b) three ©) four d) five 254) There are two types of arrest under Florida Law: __. a) arrest with force and arrest without force b) house arrest and prison arrest a warrant and arrest without a warrant 4) citizen arrest and sworn arrest 255) An__is a court order authorizing law enforcement to take the into custody to answer for charges specified in the warrant. a) arrest ©) arrest affidavit 4d) sworn complaint 256) An arrest warrant may be obtained only upon a showing of a) consensual encounter contained in an affidavitb) reasonable suspicion contained in an affidavit «) search and seizure contained in an affidavit ‘Bjprobable cause contained nan affidavit 257)___ to enter the residence of the wanted felon in order to make an arrest. a) Florida Statute authorizes citizens ») Florida Statute authorizes non-swom employees ) Florida Statute authorizes the goverment ‘Statute authorizes law enforcement officers 258) In order to enter a third party's residence to arrest __ search warrant exception. a) a subject named in an arrest warrant b) officers must obtain a search warrant ©) or articulate the basis for an applicable 259) Identity types of situations under which a Florida law enforcement officer is authorized to make a probable cause arrest without a warrant. a) The person has committed a felony or misdemeanor or violated a county or municipal ordinance in the presence of the officer. b) A felony has been committed outside of the officer’s presence, but the officer has probable cause to believe the person committed it. ) A warrant for arrest has been issued and is being held by another law enforcement officer or agency. 4) The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. jal 260) The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence except _. a) Carrying a Firearm in Violation of an Injunction b) Battery ¢) Act of Retail Theft 261) The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence except_. a) Traffic Offenses Related to ‘Crash Investigation ) Carrying a Concealed Weapon ©) Disorderly Conduct on Premises of Establishment 262) The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence except _ a) Theff from a Dining or Lodging Establishment b) Trespass on School Grounds. 2 Possession of Cannabis <20 grams 263) The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence except a) Stalking; Criminal Mischief ») Transit Fare Evasion ©) Contributing to the Delinquency/Dependency of a Minor 264) After an officer has developed probable cause, he or she has three choices: _.a) terminate the encounter b) issue a notice to appear c) or physically take the suspect into custody 265) is a written order that may be issued by a law enforcement officer in lieu of physical arrest requiting @ person accused of violating the law to appear in court at a specified date and time. a) Swom complaint Synotiete appear ©) Arrest affidavit d) Citizen compiaint form 266) A notice to appear may only be used under limited circumstances: a) for misdemeanor offenses b) municipal or county ordinance violations ) criminal trafic violations 267) An officer may issue a notice to appear except: a) The accused fails or refuses to sufficiently identify him- or herself or supply the required information; ) The accused refuses to sign the notice to appear; c) The officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the acoused or others, “A All 268) An officer may issue a notice to appear except a) The accused has no ties with the jurisdiction reasonably sufficient to assure his or her appearance, or there is substantial risk that the accused will refuse to respond to the not ) The officer has any suspicion that the accused may be wanted in any jurisdiction; or ¢) The accused has previously failed to respond to a notice or a summons or has violated the conditions of any pretrial release program. 269) Fresh pursuit is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing ‘Suspect who crosses jurisdictional lines. a) Notice to Appear Pursuit ©) Arrest Affidavit 4) Violation of Injunction for Protection 270) __does not necessarily mean high-speed pursuit. 4) Notice to Appear Sb) tosh Pursue ) Arrest Affidavit d) Violation of Injunction for Protection 271)___ may be very brief and undramatic. 2) Notice to Appear Sb) oak Pout c) Arrest Affidavit d) Violation of Injunction for Protection 272)___ removed a barrier that allowed criminals to escape to the next county or otherwise beyond the officer's jurisdiction. a) Notice to Appear Pursuit©) Arrest Affidavit 4) Violation of Injunction for Protection 273) Identify jurisdictional issues related to an arrest in fresh pursuit. a) Suspect must be returned to the officer's jurisdiction whether arrest occurred in another jurisdiction or not arrest occurs in another jurisdiction, the arresting officer must notify the officer in charge of that jurisdiction and must take the suspect before a trial judge in the county where the arrest occurred ©) An officer is not authorized in any circumstance to pursuit a suspect into another jurisdiction 4) Officer's courtesy 274) Explain the importance of the Miranda decision to law enforcement. the burden of explaining Fifth and Sixth Amendment rights on the law enforcement officer. ) An officer is not authorized in any circumstance to pursuit a suspect into another jurisdiction ©) Part ofthe training officers get's once in a career Al 275) Failure to inform a person of these Constitutional rights during a custodial interrogation may result in of an admission or confession b) the inadmissibilty of the evidence ©) case to dismiss 4) ainnocent verdict 276) There are four elements to the Miranda decision _. a) custody, interrogation b) understanding 0) free and voluntary waiving of rights 277) identity when Miranda warnings are required a) Al field contacts b) Routine traffic stops a law enforcement officer conducts a custodial interrogation 4) Citizen ask for directions 278) __means the suspect is deprived of freedom in a significant way. a) Arrest b) Detention 4) Excessive Use of Force 279)___ interviews at the scene or field sobriety exercises are not considered custody. ‘a) Occasionally b) Never °) ae 280) __ the subject or otherwise restricting his or her movement so that he or she is not free to leave is considered custody. ) Shooting ©) Kicking 4) Punching281) In deciding whether a person isin custody for purpose of Miranda, courts ask two questions: first, what were the facts and circumstances surrounding the interrogation, and second, given those circumstances, the officers has no legal authority b) provide signed adherence to the custodial interrogation ©) attention to detail in administering faimess doctrine <4) would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave 282) The most common custody situations involve subjects who are physically placed under _ a) harm ©) total defenseless situation 4) provisional detention 283) Officers must be careful not to create a police-dominated environment for a_. a) custodial interview ) noncustodial arrest *c) noncustodial interview 4) custodial arrest 284) ___an interview in which the person is not under arrest and a reasonable person would believe that he or she is free to leave at any time during the interview. a) Custodial interrogation interview c) Field interrogation 4) Citizen dialog 285) a)T is satisfied whenever a law enforcement officer is questioning a suspect about criminal activity. lerrogation element of a felony interrogation element of Miranda ©) The interrogation element of an arrest 4) The interrogation element of misdemeanor 285) The interrogation element is also satisfied when the __ amount o the functional equivalent of interrogation. actions b) officer's use of force ©) officer's decisions s 4) officer's interrogation techniques 286) The elements of interrogation include _. a) questioning initiated by law enforcement b) that is directly or indirectly ¢) intended to elicit an incriminating response 287) __, a suspect who is in custody will voluntarily give information even when not solicited through, questioning. a) Always b) Occasionally ) Never 288) A suspect statements, known as spontaneous statements, will be admissible even if an officer does not advise the suspect of the Miranda rights.2)KFGWA as spontaneous statements ) known as spontaneous legal confession c) known as irrelevant confession d) known as invalid statements 289) The officer may allow the suspect to continue talking but may a) ask the suspect any questions without giving Miranda warnings ») not ask the victim any questions without giving Miranda warnings ©) not give the suspect information about the Miranda wamings ‘motask tne suopect any questions without ging Manda wamings 290) Officers are only required to provide a suspect with Miranda warnings when the elements of __. 2) custodial interrogation have been unsatisfied ) custodial interrogation have been authorized terrogation have been satisfied 4) custodial arrest have been performed 291) __, the rights should be read one at a time from an agency provided Miranda card. warnings are required b) Once the Bill of Rights wamings are required ‘¢) Once the police department policies are required 4d) Once the Miranda wamings are suggested 292) Although the law _be given identi from a Miranda card. a) suggest that Miranda warnings require that Miranda wamings ) requires that Miranda warnings d) does not require that Miranda Card lly every time, officers should get in the habit of always reading 293) Not only will this guarantee that none of the rights are forgotten or mixed up, it can also enhance the officer's courtroom testimony. a) The U.S. Constitution ) Police Training ) Warrant documents Card 294) _ an officer who testifies that he or she always reads Miranda from the card. a) Police departments can do little with ) The legal system can do litte with i Detonaa akemeye ccan do little with 4) Lawyers can do little with 295) __ to use when reading the Miranda rights to a subject. a) Officers usually are issued a Miranda form ) Officers usually are issued a Warning “ottears usually are issued a Miranda card 4) Officers usually are issued with a gun 296) The officer must ensure that the defendant understands his or her rights, taking into account the defendant's __ and whether or not the defendant is under the influence of an intoxicating substance, a) age, national origin, education ») circumstances of the advising of rights c) mental condition297) Once the suspect has been advised of _, a waiver is required before questioning may commence. 1a) his or her rights b) his or her crimes ) his or her personal belongings her Miranda rights 298) __that the suspect understands his or her rights and will speak with the officer. ‘a) The Miranda Waring ensures ‘by The waiver ensures ©) The abuse guarantee 4) The confession helps 299) _is preferred but not essential b) An intimidation ) Anon-written waiver 4) Aconfession 300) A__ can be verbal or even implied. b) notification .c) summon d) document