Which of the following is TRUE regarding roving wiretaps?
a. Roving wiretaps are court orders that apply to both particular people and particular
devices.
b. Roving wiretaps are court order that can only be secured in municipal.
c. Roving wiretaps are court orders that apply to particular people.
d. Roving wiretaps are court orders that apply to particular devices.
Throughout American history, which of the following institutions has NOT exercised
sentencing power?
a. Police
b. The legislature
c. The judiciary
d. Administrative agencies
Heightening the possibility of a successful Bivens action requires the plaintiff to prove
that: (1) an officer was acting under the color of the law; and (2): that the officer:
a. willfully neglected the request of a private citizen for help because of having to
prioritize other calls for service.
b. used reasonable force to arrest but nonetheless injured the person.
c. deprived that person of a constitutional right.
d. produced an observable physical injury to the claimant.
In State v. Long (1986), the court ruled that trial courts had to give jurors
_________instruction explaining the weaknesses of eyewitness identification evidence.
a. cautionary
b. identification
c. objective
d. evidentiary
Stops differ from arrests in that:
a. they always lead to a frisk or more invasive search.
b. they produce written records of the police action.
c. they occur in public places and are shorter in duration.
d. they are always shorter in duration.
The government’s use of extraordinary power:
a. is only limited by necessity.
b. is unlimited and can be used for any length of time.
c. can be used only when it is absolutely necessary and must be given up when the
emergency is over.
d. refers only to the use of the military.
Which of the following represents first-hand information immediately available to
officers trying to establish probable cause?
a. Tips from a usually reliable informant
b. A finger print match from the crime lab
c. An anonymous call to a police hotline
d. Discussions between police officers
In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture
of three black suspects to obtain a confession. What were the findings of the Court?
a. The Supreme Court declined to review a confession case from a state court.
b. The Supreme Court relied upon the Fourteenth Amendment due process clause as
well as held that forced confession were not admissible as evidence.
c. The Supreme Court held that forced confessions were admissible as evidence.
d. The Supreme Court relied upon the Fifth Amendment self incrimination clause.
New York v Belton (1981) extended the Chimel rule to:
a. searches of passengers in the context of an otherwise lawful arrest.
b. interior vehicle searches when the individual arrested is outside the car.
c. dwelling searches incident to arrest when the seizure occurs in the front yard.
d. any area that the arrestee can ‘see” from where they are at the time of the arrest.
In California v. Hodari D. (1991), a juvenile dropped the drugs he was carrying before
actually being seized” by police. What was the key issue in this case?
a. The prosecution said since the defendant was being pursued chased by the police, the
chase itself constituted a seizure” under the Fourth Amendment. Thus charging them
with possession of the drugs was legitimate.
b. That the recovery of the drugs was considered constructive possession.”
c. That the real issue was that officers had actually seen him throw the drugs away.
d. That he was not” actually seized under the Fourth Amendment until he had actually
been subdued or submitted to the police, thus the drugs were not admissible.
The Supreme Court has not addressed the extent to which the Fourth Amendment
protects university students in their dorm rooms.
a. True
b. False
In Hudson v. Michigan (2006), the court held that failure to comply with the
knock-and-announce rule is in violations of the exclusionary rule even if officers have a
valid warrant to search a home.
a. True
b. False
The writ of certiorari:
a. requires the Supreme Court to hear and decide a case.
b. is a request to a court to decide on the legality of a prisoner’s incarceration.
c. is a discretionary writ, which allows the Supreme Court to either agree or not agree to
hear and decide a case.
d. mandates a party to turn over evidence to the other party in the case.
Research shows that:
a. Whites who kill blacks are more likely to receive the death penalty.
b. Blacks and Whites who kill Whites are more likely to receive the death penalty than
either Blacks who kill Blacks or Whites who kill Blacks.
c. Blacks who kill Blacks are just as likely to receive the death penalty as Whites who
kill Blacks.
d. The race of the victim does not affect the likelihood of an offender receiving the
death penalty.
In practice, searches and seizures sometimes serve to protect police officers.
a. True
b. False
Which of the following is NOT a potential negative consequence of the exclusionary
rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
According to your text, what percent of all criminal cases will be dismissed because the
police seized evidence illegally?
a. Less than one-tenth of 1 percent
b. 1%
c. 5%
d. 10%
What did the court decide with regards to show-ups where the police typically bring
one person by for the victim or witness to identify?
a. Since the process is highly suggestive and widely condemned, it violates due process
and therefore cannot be used.
b. The police can no longer use show-ups unless they have at least two or more
suspects.
c. The police can only use a show-up if the suspect consents.
d. This process is highly suggestive and widely condemned, but it does not deny due
process and is therefore permitted.
The sources of American criminal procedure law include:
a. the U.S. Constitution.
b. federal rules of criminal procedure and state court opinions.
c. U.S. Supreme Court decisions and federal rules of criminal procedure.
d. the U.S. Constitution, U.S. Supreme Court decisions, federal rules of criminal
procedure, and state court opinions.
Striking the balance between community security and individual autonomy:
a. is generally a straightforward process.
b. is often difficult and the balance that is struck may not satisfy any individual party
completely.
c. usually leads to an emphasis on community security.
d. requires the court to find in favor of the individual.
Which of the following is TRUE regarding the waiver of the right to remain silent?
a. Police usually continue interrogating suspects who invoke their rights to silence
and/or to a lawyer.
b. Suspects overwhelmingly waive their Mirandarights to remain silent and to have a
lawyer assist them.
c. Police almost never give the required Mirandawarning.
d. Police frequently use “overtly coercive tactics” to get waivers.
Which doctrine holds that illegally seized evidence can be introduced a trial if the
officials’ law breaking behavior did not cause the seizure of the evidence?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
In Strickland v. Washington, the Court created a two-prong test to evaluate which aspect
of the criminal defendant’s experience?
a. Effectiveness of counsel in criminal proceedings
b. Appropriate construction of a jury at voir dire
c. Likelihood of prejudice warranting a change of venue
d. Reasonableness of accommodations in pretrial detention
According to the Supreme Court’s decision in Whren v. U.S,concerning the use of a
pretext arrest in a drug search:
a. pretext arrests violate the Fourth Amendment.
b. courts should use a “balancing” test to decide the constitutionality of auto stops.
c. a search incident to a lawful arrest for a traffic violation is a reasonable Fourth
Amendment search.
d. pretext stops and searches incident to them should be kept at a minimum.
The graduated objective basis requirement holds that the greater the limits the
government places on an individual’s autonomy, the:
a. more discretion the government agent must exercise.
b. less discretion the government agent must exercise.
c. more facts must back up the government’s actions.
d. more facts must be close to proving guilt beyond a reasonable doubt.
The Fourth Amendment only protects against invasions that amount to unreasonable
searches and seizures.
a. True
b. False
U.S. v. Leon (1984) was a U.S. Supreme Court opinion that narrowed the good faith
exception.
a. True
b. False
Hearsay violates the confrontation clause because:
a. the defendant can”t crossexamine the witnesses against them.
b. it often gets misinterpreted.
c. the jury doesn”t have a chance to see the demeanor of the person who spoke the out
of court statements.
d. people can lie too easily about what they heard someone else say.
The U.S. Constitution:
a. sets minimum national constitutional standards.
b. sets the highest possible constitutional standards, but only for the federal
government.
c. sets the highest possible constitutional standards, both for state and national
governments.
d. prescribes detailed rules for police officers to follow when arresting citizens.
Eyewitness identification of strangers is low in reliability, even in the most ideal
settings.
a. True
b. False
In Samson v. California (2006), the Supreme Court ruled that:
a. a police officer is prohibited from conducting a suspicionless search of a parolee.
b. a police officer is not prohibited from conducting a suspicionless search of a parolee.
c. a police officer can conduct a suspicionless search of a parolee if the parolee is
searched in a public place.
d. a police officer must have reasonable suspicion in order to search a parolee.
In Mapp v. Ohio (1961) the court articulated:
a. the right of self-incrimination.
b. the exclusionary rule applied to state searches and seizures.
c. the right to assistance of counsel.
d. the right to a speedy trial.
Commonwealth v Dunlap (2007) dealt with which of the following issues?
a. The collateral verification of hearsay evidence
b. The totality of the circumstances test
c. The reliability of anonymous tips to police officers
d. The validity of suspect statements in building probable cause
In Terry v. Ohio (1968), the U.S. Supreme Court ruled on:
a. stop and frisk
b. the open field doctrine
c. the plain view doctrine
d. the privacy doctrine
In the case, Rasul v. Bush(2004), the Supreme Court ruled:
a. that noncitizen detainees who have been declared enemy combatants and detained in
areas controlled by the U.S. cannot petition for habeas corpus in federal courts.
b. that noncitizen detainees who have been declared enemy combatants and detained in
areas controlled by the U.S. can petition for habeas corpus in federal courts.
c. that noncitizen detainees who have been declared enemy combatants must be tried in
federal courts in the U.S.
d. that the right to habeas corpus is suspended during war time.