Lineups are used to minimize _____
a. suggestiveness
b. redundancy
c. stress for the victim
d. inefficiency
Much of the law of wiretapping and electronic surveillance was changed by the USA
_____ Act.
a. PATRIOT
b. Anti-Terrorism
c. Electronic Interceptions
d. Communications Control
In all states, a defendant has a right to grand jury review of the charges.
a. True
b. False
Case 9.3
Police investigate an arson of a commercial structure. The day after the fire is
extinguished, police investigators return to the property and retrieve evidence from the
burned building. Police contact the security company that monitored the crime scene
and obtained alarm system records that demonstrate that the system was shut down via
the internal key pad just prior to the fire. Police also obtain surveillance videos from
other commercial businesses adjacent to the crime scene. Through their investigation
the owner of the building is identified as a prime suspect.
Police ask the building owner to come down to headquarters to follow up on any
potential suspects he may have. Once at police headquarters, the building owner is
interviewed by detectives regarding the fire. What was a friendly discussion suddenly
turns adversarial with the detectives accusing him of starting the fire to collect
insurance. They both tell him to think about what he wants to say about the crime and
leave him alone in a locked interview room. While in the interview room the building
owner texts an accomplice to check if he properly disposed of incriminating evidence.
The investigators come in and inform the defendant that no cell phones are allowed in
the interview room. They take the cell phone out of the room and view the texts on the
phone. The building owner ultimately confesses to the arson and is charged. Subsequent
to the confession police obtain a search warrant for the cell phone texts and records.
Which constitutional amendment would prohibit detectives from looking through cell
phone texts without the owner’s consent?
a. First Amendment
b. Second Amendment
c. Fifth Amendment
d. Fourth Amendment
Case 12.3
Police investigated a suspicious fire case and possible arson of a local deli, which has
gone unsolved for over three months. Atlas Insurance Company is conducting its own
investigation into the insurance claim due to a change in the level of coverage four
months prior to the fire. Two neighboring shop owners report to an insurance company
investigator that the deli owner, Robert, had been complaining for months about losing
money and had said that if business didn’t pick up he would burn the place down. Then,
on two occasions since the fire, he had bragged how he got himself a brand new store
and a fresh start with just a well-placed cigarette and extra insurance.
The insurance company investigator also interviews Robert concerning the business, the
fire and his financials. Suspecting that Robert was involved in the fire, the insurance
investigator provides police with her investigative findings and the statements provided
to her. Police find several inconsistencies in Robert’s various accounts.
Robert is brought into police headquarters and interviewed by detectives regarding the
arson of his commercial property. He is provided his Miranda warning and then asked
to recount his previous statements at the scene regarding the fire and his whereabouts
that night. Police confront Robert with inaccuracies between his statements. Police then
confront him with the statements he made to the other shop owners and other
corroborating evidence. Robert then requests an attorney and stops answering
questions. Robert is charged with arson and insurance fraud.
Can police use Robert’s statements made to the insurance company investigation even
though he was not provided with his Miranda warning prior to questioning by the
investigator?
a. No, as this would violate the applicant’s Fifth Amendment rights.
b. Yes, because the Fifth Amendment protects citizens from improper government
actions but the insurance investigator is not an agent of the government
c. No, because the insurance investigator is soliciting incriminating statements fromthe
accused.
d. Yes, but only if the insurance investigator signs an affidavit attesting to his having
made the incriminating statements.
Security screenings and seizures of items CANNOT occur without warrants or probable
cause at _____.
a. airports
b. courthouses
c. public buildings
d. private functions
Case 9.3
Police investigate an arson of a commercial structure. The day after the fire is
extinguished, police investigators return to the property and retrieve evidence from the
burned building. Police contact the security company that monitored the crime scene
and obtained alarm system records that demonstrate that the system was shut down via
the internal key pad just prior to the fire. Police also obtain surveillance videos from
other commercial businesses adjacent to the crime scene. Through their investigation
the owner of the building is identified as a prime suspect.
Police ask the building owner to come down to headquarters to follow up on any
potential suspects he may have. Once at police headquarters, the building owner is
interviewed by detectives regarding the fire. What was a friendly discussion suddenly
turns adversarial with the detectives accusing him of starting the fire to collect
insurance. They both tell him to think about what he wants to say about the crime and
leave him alone in a locked interview room. While in the interview room the building
owner texts an accomplice to check if he properly disposed of incriminating evidence.
The investigators come in and inform the defendant that no cell phones are allowed in
the interview room. They take the cell phone out of the room and view the texts on the
phone. The building owner ultimately confesses to the arson and is charged. Subsequent
to the confession police obtain a search warrant for the cell phone texts and records.
Police misconduct can result in the violation of the Fifth and Fourteenth Amendments’
Clauses of due process.
a. True
b. False
The term _____ is used to describe minute or microscopic pieces of evidence.
a. invisible
b. latent
c. largesse
d. trace
Under the Federal Rules of Evidence, certain types of prior statements by witnesses are
excluded from the definition of hearsay.
a. True
b. False
The National Council of Judges recommends that lineups contain at least six persons.
a. True
b. False
The Fourth Amendment requires that search warrants be _____.
a. supported by reasonable suspicion
b. based on probable cause
c. approved by federal judges
d. executed within three days of issuance
The U.S. Constitution provides that state judges are not bound by the U.S. Constitution,
but by their state constitution.
a. True
b. False
Witnesses must be allowed to view the lineup as a group.
a. True
b. False
A police officer is charged with a criminal offense. He is told by the Chief that if he
takes the Fifth Amendment during the investigation, he will be fired. He gives a
confession. The confession _____.
a. is admissible if reliable
b. is admissible because the officer waived his rights by confessing
c. is admissible because police officers have no privilege
d. is inadmissible
Case 3.2
Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local
highway. Sam is extremely nervous as he speaks with the officers. The primary officer
requests the registration and insurance card for the vehicle. As Sam opens the glove box
to retrieve the paperwork, the cover officer spots a handgun in the glove box. He
notifies his partner and Sam is immediately removed from the car and placed under
arrest. As the cover officer is securing the handgun she notices a scale, numerous empty
clear plastic bags, and two partially filled clear plastic bags containing a white powdery
substance on the floor just below the glove box.
While retrieving the gun, the officer notes a very strong odor of unburnt marijuana
which appear to be coming from the rear of the car. The officer concludes that odor
must be coming from the trunk, as there are no bags or container in plain view within
the passenger compartment. They search the trunk and find two pounds of raw
marijuana. The arrest and search are captured on the patrol unit dash camera system.
Sam Appleton is charged with unlawful possession of a weapon, possession of a control
dangerous substance (cocaine), possession with the intent to distribute, and possession
of drug paraphernalia.
After being charged with several felonies and processed (booked), what is the next step
in the criminal court process for Sam?
a. Sam’s case is referred to the grand jury to determine if a criminal complaint is to be
filed against Sam.
b. Sam is brought before a judge for his initial appearance where he is formally red the
charges, a plea is entered and bail is set.
c. The Officer in charge (OIC) makes a probable cause determination and sets the bail.
d. Sam, accompanied by his attorney, meets with the prosecutor to discuss possible plea
bargains.
Sometimes even silence can constitute an incriminating statement
a. True
b. False
Case 2.1
Dave is pulled over for a motor vehicle violation in his local town in upstate New York.
During the course of the motor vehicle stop the officer determines that Dave had
relocated in to town from New Jersey six months prior to the stop. Although Dave has a
valid New York state license his driving privileges in New Jersey are suspended and he
has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a
registered violent sexual offender in New Jersey with an extensive criminal history. A
check of the local department data base reveals that Dave has not registered as a sexual
offender with the local town or state since relocating to New York.
In the above scenario would Dave be required to register as sexual offender in New
York for a previous conviction in New Jersey?
a. No, under the Federalism doctrine each state is a sovereignty and the regulations of
another state or federal government cannot be imposed on their residents.
b. No because Dave has only been living in New York for six months and the law
allows convicted sexual offenders up to a year to register when relocating from out of
state.
c. Yes under the federal of Violence Against Women Act (VAWA) 18 U.S.C.A. 2265
requires the equal recognition and enforcement of out of state orders of protection.
d. Yes under the federal sexual offender registration and notification act (SORNA) of
2006 18 U.S.C.A. 16913 as well as under New York State law, Dave must register.
The sequential lineup does not differ importantly from the simultaneous lineup.
a. True
b. False
The U.S. Supreme Court has specifically held that checkpoints for _____ purposes do
not violate the Fourth Amendment?
a. driving while intoxicated enforcement
b. drug law enforcement
c. general crime control purposes
d. catching burglars in high crime areas
A court order requiring that a defendant submit a handwriting sample _____.
a. violates the privilege against self-incrimination
b. violates the Fourth Amendment
c. violates the Sixth Amendment
d. generally violates no constitutional rights
To validly enact federal statutes, Congress must be acting within _____.
a. powers granted by the Constitution
b. authority granted by the United Nations
c. the scope of consent granted by the States
d. the bounds of international law
The prosecution has to prove the defendant’s guilt _____.
a. by a preponderance of the evidence
b. by clear and convincing evidence
c. beyond a reasonable doubt
d. beyond probable cause
The Georgia v. Randolphdecision draws a “fine line” for third party consent to search.
a. True
b. False
During a traffic stop, the Fourth Amendment prohibits officers from looking into the
interior of the vehicle.
a. True
b. False
Under the Sixth Amendment, defendants have a right to a(n) _____ jury.
a. favorable
b. well-informed
c. intelligent
d. impartial
According to the 2008 Columbia Law Review article entitled “Judging Innocence”, the
leading cause of wrongful convictions was due to _____:
a. Jury nullification
b. Mistakes made by judges.
c. Public defenders being unprepared.
d. Erroneous identification by eyewitnesses.
The Fourth Amendment requires that warrants be based on reasonable suspicion.
a. True
b. False
The National Council of Judges recommends that a lineup include a total of at least
_____ similar-appearing persons.
a. four
b. five
c. six
d. seven
Every essential element of the crime charged must be proved by the government
beyond reasonable _____ in order to convict and punish a defendant for the crime
charged.
a. doubt
b. conclusion
c. presumption
d. assumption
If a person has consented to a search but then clearly and specifically revokes the
consent, the revocation _____.
a. is completely ineffective since, once given, consent cannot be revoked
b. serves to suppress all evidence that has been discovered, even prior to the revocation
c. is effective if done prior to the discovery of contraband evidence, even if in plain
view
d. is only effective if the person is being searched at an airport or prison
If the police can show they would have eventually found the evidence anyway by legal
means, it may trigger the _____ exception to the exclusionary rule.
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
A conviction cannot be valid if it is based solely on circumstantial evidence.
a. True
b. False
A Terry stop is a(n) _____.
a. investigative detention
b. stop and frisk
c. search at a border
d. checkpoint method
The phrase _________________ refers to the requirement that the government must
prove that the crime charged has been committed.
_____ laws were designed to protect victims at sexual assault trials.
The Federal Rules of Evidence contain _____ exceptions to the hearsay rule.
Why is the attorney-client privilege essential to the proper functioning of our judicial
process?
The foundation of the American criminal justice system was developed through the
U.S. Constitution. What are the guarantees of the Fifth and Sixth Amendments?
Of the two DNA tests, courts have shown greater acceptance of the
____________________ test.
Miranda is based on the _____________ Amendment.
Although an appellate court may find that errors were committed at the trial, only
_____ errors will result in a new trial.
The hearsay rule applies only to statements that are offered to prove the truth of the
matter _____ in that statement.
Miranda warnings are not required in “ordinary _____________ stops.”
Fully define the categories of abandonment and the subsequent impact on evidence
seized and the use of, or exception to, the exclusionary rule in each situation.
Law officers must prove that consent to enter premises or consent to search a person
was given _____ and was not the product of duress or coercion.
A defendant’s right to testify does not include the right to commit _____.
A _____________ by one suspect cannot be used against another suspect unless the
second suspect has the opportunity to cross-examine the source of the accusation
against him.
Public schools may randomly drug test student ____________________ as well as
those involved in other extracurricular activities.
What types of checkpoints have been approved by the U.S. Supreme Court? What types
of checkpoints have been disapproved by the Court? How does the Court distinguish
checkpoints that are constitutional from those that are not?
____________________ evidence is often important in civil personal injury trials.
Minute or microscopic evidence is referred to as ____________________ evidence.
Why are some states’ rules of evidence different from the federal rules of evidence?