civil rights; https://blackboard.vcu.edu/webapps/assessment/take/launch.jsp?c…=_147104_1&course_id=_124271_1&content_id=_5027348_1&step=null

civil rights; https://blackboard.vcu.edu/webapps/assessment/take/launch.jsp?c…=_147104_1&course_id=_124271_1&content_id=_5027348_1&step=null

It is undisputed that Mr. Roberts, who had a history of depression and borderline personality disorder,
telephoned his girlfriend and stated that he was somewhat depressed. A team of ofcers arrived at Roberts’
apartment, rang the doorbell, and pounded on the door until he responded. When he opened the door a
little bit, ofcers burst through. The door hit him in the head and knocked him to the floor and the towel in
which he had wrapped himself came of, leaving him naked. The force of the entry also ruptured a plastic
bag of used kitty litter, placed near the front door. The ofcers did not have probable cause so Roberts was
never arrested. Discuss any possible cause of action that Roberts may have under the United States
Code and what he will need to prove to be successful in his claim.
QUESTION 2
Arial 3 (12pt)
10 points
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If a person has a valid claim for money damages for violations of civil rights under color of law, what federal
statue would best provide relief?
Federal Rule 702
Federal Rule 703
42 United States Code Section 1983 (1983 claim)
Fifth Amendment to the United States Constitution
QUESTION 3 5 points
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You are observing with a special kind of device available only to law enforcement from
a helicopter flying overhead.  What case would form the best basis for the argument
that a warrant was required?
Riley v. Dunn (1968)
Mapp v. Ohio (1961)
Kyllo v. U.S. (2001)
Carroll v. U.S. (1925)
QUESTION 4 5 points
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May the subject of a consent search limit the scope (time, place, manner) of the
consent search?
Yes
No
QUESTION 5 5 points
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Warrantless searches by the government are per se  unreasonable under the fourth amendment.
True
False
QUESTION 6 5 points
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Match the cases listed to the major point of law from each case.
–  US v. LEON (1984)
–  WONG SUN v. US (1963)
–  US v. DUNN (1987)
–  KATZ v. US (1967)
-MINNESOTA v. DICKERSON (1993)
A.fruit of the poisonous tree
B. plain feel (or touch)
C.the fourth amendment protects people not
places
D.good faith exception
E. open woods and fields
QUESTION 7 10 points
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The police have set up a highway checkpoint to obtain information from motorists about a murder occurring
about one week earlier at the same location and time of night.  Officers stop each vehicle for 10 to 15
seconds, ask the occupants whether they have seen anything happen there the previous weekend, and
hand each driver a paper describing the crime and requesting information.
Question:  Would the United States Supreme Court holding in conformance with Illinois v. Lidster (2004),
likely hold that such an informational checkpoint stop was constitutional?
Yes
No
QUESTION 8 5 points
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One example of a constitutional warrantless search might be when a drug suspect is fleeing an
arrest and tries to flush cocaine down a toilet.
True
False
QUESTION 9 10 points
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Under a 2012 United States Supreme Court decision it is no longer necessary for law enforcement
(police) to obtain a search warrant or court order prior to using GPS tracking of automobiles
provided the police only monitor the GPS in public access areas.
True
False
QUESTION 10 5 points
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Is probable cause necessary for a consent search to be valid?
Yes
No
QUESTION 11 5 points
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In Mapp v. Ohio (1961), the United States Supreme Court was asked (among other things) to
decide whether or not an Ohio state statute concerning pornographic material was
unconstitutionally vague.  What did the Supreme Court decide?
A.Pornography statutes must be very specific and this Ohio state statute was impermissibly
vague.
B. They decided that even though the Ohio statute was vague, it was a matter of states rights
to decide about pornography.
C.They decided they wanted to address another issue entirely and instead decided the case by
extending the reach of the exclusionary rule.
D.The Supreme Court was skeptical of the police testimony because no search warrant
probably ever existed anyway and decided the trial court was wrong in the way it interpreted
that fact.
QUESTION 12 5 points
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Civil law is different from criminal law primarily because civil law is concerned with
cases where the parties are private citizens and the remedy is most often
____________________ and not jail or fines.
QUESTION 13 5 points
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You are using a special device, not generally available to the public, to detect the scent of marijuana (technological
advance) from a helicopter flying overhead.
Question:
Would a court holding in conformance with Kyllo v. U.S., (2001), be likely to find that a valid search warrant was
required for this kind of activity?
QUESTION 14
Arial 3 (12pt)
5 points
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If you wanted support for a warrantless search of a movable motor vehicle, what 1925 case would you cite?
California v. Hodari D. (1925)
Carroll v. United States (1925)
Mapp v. Ohio (1925)
Illinois v. Gates (1925)
QUESTION 15 5 points
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Alcohol consumption varies by race and ethnicity. The four major minorities in the US are African
Americans; Hispanics; Asian Americans and Pacific Islanders; and American Indians/Alaska Natives. Both
current drinking (defined as consumption of 12 or more drinks in the past year) and heavy drinking are
most prevalent among AI/ANs and Native Hawaiians and lowest among AAPIs. See  National Institute on
Alcohol Abuse and Alcoholism. Alcohol Alert: Alcohol and Minorities No. 55 January 2002. The Anytown
Police Department has institued a policy that American Indians/Alaska Natives will be specifically targeted
for DUI enforcement. A tra fc checkpoint is established near bars popular with young American Indians and
Alaskan Natives. All of the necessary requirements for checkpoints have been follwed. A list has been
compiled of common American Indian and Alaskan Native names and drivers with cars registered in those
names are identified and asked questions about their present state of intoxication.
A member of the American Indian/Alaskan Native Community has filed suit alleging violations of the equal
QUESTION 16 10 points
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A member of the American Indian/Alaskan Native Community has filed suit alleging violations of the equal
protection provisions of the Fourteenth Amendment.
Could a court finding in conformance with  Monroe v. City of Charlottesville ever find that there had been an
equal protection violation under the Fourteenth Amendment?
Arial 3 (12pt)

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