Chapter 7 Only during police custodial interrogations

Kanovitz: Manual site for Constitutional Law, 13th Edition

Chapter 07: Compulsory Self-Incrimination

Multiple Choice

1. The following group of amendments governs compulsory self-incrimination:

a. Fourth, Fifth, and Sixth

b. Fourth and Fifth

c. Fourth, Fifth, and Fourteenth

d. Fourth, Sixth, and Fourteenth

2. All of the following are required to invoke Fifth Amendment protection except for:

a. testimony

b. self-incrimination

c. bodily search

d. compulsion

3. The following compels testimony:

a. corpus delecti

b. subpoena

c. habeas corpus

d. writ of certiorari

4. The most common way in which claims of Fifth Amendment privilege are overridden

is through:

a. immunity

b. double jeopardy

c. subpoena

d. corpus delecti

5. The following are types of appearance evidence except for:

a. fingerprints

b. body measurements

c. handwriting samples

d. X-rays

6. Citizens may ignore self-reporting statutes that do the following:

a. apply to a highly select group engaged in criminal activity

b. require them to report information that could, and probably would, lead to their

prosecution

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c. require them to report income from criminal activities

d. both a & b

7. The following decision established the modern framework for evaluating the

constitutionality of compelled production of bodily evidence:

a. Schmerber v. California

b. Mallory v. United States

c. Winston v. Lee

d. Cupp v. Murphy

8. The following are on the list of factors that must be considered to establish the

reasonableness of a bodily search except for:

a. compelling the suspect to submit to the procedure

b. probability that the evidence would be found

c. whether a search warrant was obtained

d. the severity of the crime

9. Courts have applied the exigent circumstances exception to the following situations

involving bodily intrusive searches except for:

a. reaching into the suspect’s mouth to prevent evidence from being swallowed

b. taking a semen sample for rape

c. taking blood samples to perform tests for alcohol intoxication

d. swabbing residues left on the skin

10. A search warrant should be obtained before the following searches except for:

a. those that involve significant pain or physical discomfort

b. penetrate the surface of the body

c. taking blood samples to perform tests for alcohol intoxication

d. involve bodily tissues or fluids

11. Criminal defendants enjoy the “right to remain silent:”

a. Only during their trial.

b. Only during police custodial interrogations and at their criminal trial.

c. Only during police custodial interrogations, grand jury proceedings, and at their

criminal trial.

d. In all legal proceedings, judicial or administrative, formal or informal, criminal or

True/ False

12. A suspect’s protection from bodily self-incrimination stems from the Fifth

Amendment.

a. True

b. False

13. In order to require a suspect to participate in a station house lineup, police do not

need further grounds than those required for arrest.

a. True

b. False

14. If a defendant invokes the Fifth Amendment during a criminal trial and is found

guilty, this may be considered at the sentencing phase.

a. True

b. False

15. Miranda warnings are not required for field sobriety tests.

a. True

b. False

16. Strip searches may be performed on everyone booked in a detention facility.

a. True

b. False