Kanovitz, Constitutional Law for Criminal Justice, 14th Edition
Multiple-Choice Examination and True/False Questions
Chapter 6: Interrogations and Confessions
Multiple-Choice Questions
1. The following rule protects defendants against an undue delay in arraignment:
a. McNabb-Mallory rule
b. Wong Sun rule
c. Corley rule
d. none of the above
2. Miranda v. Arizona is related to the following:
a. Fifth Amendment privilege against self-incrimination
b. Sixth Amendment right to counsel
c. Fourteenth Amendment right to due process
d. all of the above
3. Miranda warnings are not required when a:
a. suspect is interrogated by a private detective
b. suspect is questioned by a police undercover agent posing as a fellow inmate
c. motorist is questioned during a traffic stop
d. in any of these situations
4. Miranda warning must advise the suspect of all but which one of the following rights:
a. the right to have an attorney present during the interrogation
b. the right to a court-appointed attorney if the suspect cannot afford an attorney
c. the right to be represented by counsel at his trial
d. anything he says will be used against him as evidence
5. Interrogation may resume after a suspect has invoked the right to counsel in all the following
situations except:
a. counsel is present
b. the suspect reopens the dialogue
c. the suspect executes a written waiver of the right to counsel
d. at least 14 days have passed during which the suspect was free of custody since he
invoked the right to counsel
6. Sixth Amendment right to counsel attaches at this point:
a. when adversarial judicial proceedings are commenced
b. upon the issuance of an arrest warrant
c. when a suspect is read his or her Miranda warnings
d. when the suspect is booked into a detention facility
7. The Sixth Amendment uses the following standard to determine when counsel must made
available after the right attaches:
a. corpus delicti
b. custodial interrogation
c. deliberate elicitation
d. McNabb-Mallory
8. An inadmissible confession may be used to impeach the witness if:
a. defendant takes the stand and testifies on his or her own behalf
b. confession was freely and voluntarily given
c. the story the defendant tells the jurors differs from what he or she told police
d. all of the above
9. _________ is the independent proof required in addition to a confession that a crime has
been committed:
a. Corpus delicti
b. Habeas corpus
c. McNabb-Mallory
d. none of the above
10. The constitutional requirements for an admissible confession vary with the stage in the
development of a criminal case at which the confession is obtained. The free and voluntary
requirement applies during:
a. investigatory stops
b. custodial interrogations
c. interrogations conducted after a defendant has been formally charged
d. all of the above
11. The Miranda rule applies during:
a. traffic stops
b. custodial interrogations
c. interrogations conducted after a defendant has been formally charged
d. all of the above
12. Which of the following factors is relevant in deciding whether the defendant’s confession
was voluntary?
a. the defendant’s intelligence
b. the defendant’s prior experience with the criminal justice system
c. the existence of threats and false promises
d. all of the above
13. Which of the following is prohibited after a suspect has been indicted?
a. planting a police undercover agent in the defendant’s cell with instructions to elicit
information about the charges
b. discussing the charges with the defendant while his attorney is not present without
obtaining a waiver of his Sixth Amendment to counsel
c. outfitting a codefendant with a concealed tape record with instruction to engage the
defendant in a discussion of the charges
d. all of the above
14. Statements taken in violation of the Miranda rule:
a. may not be used to prove the prosecution’s case at trial
b. render subsequent statements inadmissible, even if voluntary
c. taint physical evidence derived from the statement
d. all of the above
15. The source of the constitutional requirement that prevents the government from using the
confession of an accomplice as evidence against an accused unless the accomplice testifies at
his trial is the:
a. McNabb-Mallory rule
b. Fourth Amendment exclusionary rule
c. Sixth Amendment right to confront adverse witness
d. corpus delicti rule
16. A suspect was arrested on federal bank robbery charges, taken to FBI headquarters, and read
Miranda warnings. He stated that he understood his rights and signed a written waiver. He
confessed an hour and a half later, but was not taken before a magistrate until noon the next
day, even though magistrates were available. He was tried in a federal court and moved to
suppress his confession under the McNabb-Mallory rule. Under the current state of the law,
the confession must be:
a. suppressed because the FBI agents violated the McNabb-Mallory rule
b. admitted because the defendant never made a clear and unequivocal request to be taken
before a magistrate for arraignment
c. admitted because the McNabb-Mallory rule has been repealed
d. admitted because the confession was given less than six hours after the defendant’s arrest
on federal charges
17. The Supreme Court’s Miranda decision was based on:
a. the Fifth Amendment
b. the Sixth Amendment
c. the Fourteenth Amendment
d. Rule 5(c) of the Federal Rules of Criminal Procedure
18. The McNabb-Mallory Rule is based on
a. the Fifth Amendment
b. the Sixth Amendment
c. the Fourteenth Amendment
d. Rule 5(c) of the Federal Rules of Criminal Procedure
19. In which of the following situation(s) must Miranda warnings be administered?
a. before asking an arrestee routine booking questions
b. before deceitfully telling the arrestee that his accomplice confessed and named him as the
trigger man
c. before asking a suspected kidnapper who has just been captured where the victim is and
whether she is still alive
d. In all three situations
20. Sam was arrested for burglary and taken to the police station. After Sam was booked,
Detective Johnson administered Miranda warnings. Sam stated that he understood his rights,
and proceeded to sign a written waiver. After answering several questions, Sam said: “Maybe
I should speak to a lawyer before I get myself in deeper trouble.” Under established Supreme
Court rulings, Detective Johnson:
a. may ignore Sam’s statement and continue interrogating until Sam makes an unambiguous
request for an attorney
b. must ask questions to clarify whether Sam wants to invoke his right to counsel
c. must terminate the interview immediately
d. may ignore Sam’s request to speak with an attorney because Sam gave a written waiver
of his right to counsel
21. Sam was arrested for burglary and taken to the police station. On arrival, Detective Johnson
administered Miranda warnings. Sam stated that he understood his rights, and proceeded to
sign a written waiver. After answering several questions, Sam said: “That’s enough
questions. I’m not going to answer any more.” Under established Supreme Court rulings,
Detective Johnson:
a. may ignore Sam’s statement because he signed a written waiver
b. must immediately end the interrogation session and wait 14 hours before attempting to
question Sam again about the burglary
c. must immediately end the interrogation session, but may interrogate Sam about a
different crime after a break of several days
d. must immediately end the interrogation session and make no further attempts to question
Sam about any matter unless Sam initiates further communications
True/ False Questions
22. Congress modified the McNabb-Mallory rule by creating a six-hour safe harbor period.
Confessions cannot be suppressed because of unnecessary delay in arraignment unless they
are obtained more than six hours after an arrest on federal charges.
a. True
b. False
23. State courts are not required to follow the McNabb-Mallory rule.
a. True
b. False
24. Miranda warnings are not required when a suspect is unaware that he is speaking to a police
officer.
a. True
b. False
25. A waiver of Miranda rights can be established by showing that the suspect received Miranda
warnings, understood them, and answered police questions without invoking his rights.
c. True
d. False
26. The Miranda test for custody inquires how a reasonable person of the suspect’s age,
intelligence, and experience with the criminal justice system would have understood the
encounter.
a. True
b. False
27. When a confession is obtained in violation of the Miranda rule, subsequent confessions are
inadmissible, even if they are given after warnings are administered and are otherwise
voluntary.
a. True
b. False
29. A suspect’s refusal to sign a written waiver after receiving Miranda warnings constitutes an
invocation of the right to remain silent.
a. True
b. False
30. Police must obtain an unambiguous waiver of Miranda rights before they can start the
interrogation.
a. True
b. False
31. Police may not conduct secret interrogations using police undercover agents after the Sixth
Amendment right to counsel attaches.
a. True
b. False
32. Courts consider a suspect’s background, age, intelligence, experience with the criminal
justice system, education, and other characteristics in deciding whether a confession is
voluntary.
a. True
b. False
33. Courts consider a suspect’s background, age, intelligence, experience with the criminal
justice system, education, and other characteristics in deciding whether a suspect is in
custody for Miranda purposes.
a. True
b. False
34. Police must wait at least 14 days from the time the suspect is released from custody to
interrogate a suspect who has invoked the right to remain silent about the same offense
unless the suspect initiates contact with police or reopens the dialogue.
a. True
b. False
35. To secure admission of a confession, the prosecution must prove by the preponderance of the
evidence that the confession was voluntary.
a. True
b. False