DNA testing of incarcerated felons:
a. has been declared unconstitutional by the courts that have considered it.
b. has been found to be constitutional by the U.S. Supreme Court.
c. has been found to be constitutional by the courts of appeal that have considered it.
d. has not yet been addressed in any court opinions.
Which of the following circumstances have been found sufficient by themselves to
amount to reasonable suspicion?
a. A driver double-parked within ten feet of a pedestrian in a drug trafficking area.
b. A passenger leaving an airplane appeared nervous in the presence of officers.
c. A driver failed to look at a patrol car late at night.
d. At 2:15 a.m., a person approached an officer in his police vehicle in a high crime area
and told him that a person seated in a nearby car had illegal drugs and a gun at his
waist.
Which of the following is NOT an example of abandoned property?
a. A man throws away an empty soda can after finishing the drink inside it.
b. A woman closes her purse but in doing so unknowingly drops her wallet out of it.
c. A person being chased by the police throws away a gun.
d. A person places notes for a letter in a basket to be sent to the paper shredder.
The first case to hold that unreasonable searches and seizures by state police violate
defendant’s due process rights (Fourteenth Amendment) but did not say how the states
had to enforce it was:
a. Silverthorne Lumber Co. v. U.S.
b. Mapp v. Ohio
c. Weeks v. U.S.
d. Wolf v. Colorado
Until the 1960s, the U.S. Supreme Court followed the ____________________, which
says the warrant and reasonableness clauses are firmly connected.
a. reasonableness Fourth Amendment approach
b. conventional Fourth Amendment approach
c. subjective Fourth Amendment approach
d. objective doctrine of the Fourth Amendment
If a defendant seeks to throw out evidence obtained by law enforcement officers during
a search and seizure, and interrogation, or an identification procedure, this motion is
hearing in a motion called a(n) ______hearing.
a. pretrial
b. appellate
c. suppression
d. habeas corpus
To have a valid guilty plea, a defendant who pleads guilty must:
a. acknowledge guilt.
b. know beforehand the exact sentence to be given.
c. do so voluntarily and knowingly.
d. agree he or she is factually guilty.
Defendants cannot be required to come to court in prison clothes.
a. True
b. False
In Draper v. United States, the Supreme Court determined that information that may not
be admissible at trial to prove guilt could still be used to establish probable cause.
a. True
b. False
_________are vested with the sole authority in determinate sentencing schemes.
a. Legislators
b. Judges
c. Police officers
d. Prosecutors
Which of the following is FALSE about the history of sentencing?
a. The concern over judicial discretion in sentencing has an ancient heritage.
b. Fixed sentencing prevailed from the 1600s until the latter part of the 1800s.
c. A shift toward indeterminate sentences began in the latter part of the 1800s.
d. In the 20thcentury, fixed sentences totally dominated criminal sentencing.
In regard to seizures, the Supreme Court in Payton v. New Yorkheld that the Fourth
Amendment:
a. requires an arrest warrant to enter a home in exigent circumstances.
b. requires an arrest warrant to enter a home when officers are in hot pursuit.
c. usually requires a warrant to enter a private home to arrest a citizen.
d. requires a warrant to arrest a suspect in a public place.
According to the Court of Appeals decision in United States v. Rodney:
a. consent to search a person includes consent to frisk the groin area.
b. consent to search a person does not include consent to frisk the groin area.
c. consent to search a person includes consent to frisk the groin area only if police
specifically ask for such.
d. consent to search a person includes consent to frisk the groin area as long as the
police have no reason to believe the suspect will object to such on religious grounds.
Arrests are usually shorter in duration than stops.
a. True
b. False
According to the Supreme Court, show-ups are:
a. so suggestive that they are always unconstitutional.
b. permissible if they do not result in a very substantial likelihood of misidentification.
c. unconstitutional if the police could have reasonably been able to set up a lineup
instead.
d. are permissible only if defense counsel is present when they are conducted.
Not every state has created a statutory right to appeal a criminal conviction.
a. True
b. False
The majority of arrests:
a. do not require a warrant to make the arrest reasonable as long as there is probable
cause to arrest.
b. require a warrant based on probable cause.
c. occur in the home but still do not require a warrant.
d. occur after stops and frisks
According to the Supreme Court opinion in U.S. v. White(1971), involving a friend
wired for sound to the police:
a. a defendant has a constitutionally protected expectation that a person he is conversing
with will not reveal the conversation to the police.
b. a person contemplating illegal activities must realize and risk that his friend may be
reporting to the police.
c. a suspect’s friend may relate the substance of conversations between the two without
violating the Fourth Amendment, but the amendment is violated if the friend records
those conversations for the police without a warrant.
d. anytime electronic devices are used to obtain evidence, a search warrant is required.
The Fourth Amendment does not protect what the senses perceive in public places.
Public places do NOT include:
a. public parks.
b. private businesses open to the public.
c. streets.
d. employees-only areas of private businesses.
The knockandannounce rule’s origins come from English common law.
a. True
b. False
When the government takes a person into custody against their will the government:
a. does not have a duty to protect them from being injured by other private persons.
b. created the danger taking them into custody, so it must protect them.
c. must protect them because a special relationship has been created with the person in
custody who cannot protect themselves.
d. only has the duty to protect the person in custody from harm by government officers.
A guilty plea without any prior negotiations is called a/an __________plea.
After conviction, a criminal defendant is still presumed not guilty during the appeal
process.
a. True
b. False
If a defendant wishes to plead guilty, but still not admit guilt, states are constitutionally
required to let the defendant do so.
a. True
b. False
According to the Supreme Court in Powell v. Alabama, the famous “Scottsboro Case”
of 1932 involving several black youths accused of raping two white girls on a train:
a. the entire Bill of Rights applies to state criminal procedure.
b. the due process clause requires states to follow all of the federal government’s rules
of criminal procedure.
c. all criminal defendants are entitled to a lawyer in every criminal case free of charge.
d. in the severe circumstances of this case, the state was required under the federal
Constitution to provide counsel for the defendants.
Military commissions try military personnel for violating the Uniform Code of Military
Justice.
a. True
b. False
The scope of a search incident to arrest includes the entire place where the suspect is
arrested.
a. True
b. False
One of the reforms suggested to improve eyewitness identification is to present the
suspect and the fillers in a lineup simultaneously.
a. True
b. False
Recent research into the effects of the exclusionary rule indicates that the exclusionary
rule affects only a minuscule number of cases.
a. True
b. False
The right to remain silent is an ancient right.
a. True
b. False
According to the defense of official immunity, an officer is personally liable:
a. for any misconduct while on duty.
b. for any willful or malicious misconduct.
c. for any negligent act while exercising personal discretion.
d. whenever she exercises her personal judgment.
According to Michigan v. Sitz(1990), do DWI roadblocks constitute unlawful stops?
a. Yes, they are unlawful stops unless the individual stopped has already demonstrated
some subjective symptoms of driving while under the influence.
b. No, they are not unlawful as long as the police have a warrant to search all vehicles’
suspected of DWI suspects.
c. Yes, they are unlawful based on the Fourth Amendment unreasonable” test.
d. No, they are not unlawful because there is a compelling interest related to public
safety.