Probable cause to search has two requirements that probable cause to arrest does not:
_____.
a. that the information must not be stale and particularity regarding place and items
b. that the information must not be stale and that the applying officer must have applied
Aguilar/Spinelli
c. that the information was NOT from an informant and particularity regarding place
and items
d. reasonable suspicion and particularity regarding place and items
Before, during, and after an identification procedure, police and prosecutors should
avoid giving witnesses any feedback on whether they feel they have made a “good” or
“correct” identification.
a. True
b. False
Which of the following is not considered an intention to abandon an object?
a. Leaving the object unattended for an unreasonable period of time
b. Leaving it unprotected in the care of no one
c. Placing the object in a garbage can within the curtilage
d. Discarding the object out of consciousness of guilt or fear of apprehension
A police officer stops a person on the basis of reasonable suspicion. The officer also has
reasonable suspicion to believe the person is armed. During the pat-down, the officer
feels what he thinks could possibly be a small baggie containing drugs, but the officer is
unsure. Based on this information, the officer:
a. can request the consent of the person to pull the object out.
b. is justified to put his hand into the person’s clothing and pull the object out.
c. has enough to establish probable cause that the person possesses drugs.
d. has the reasonable suspicion required to retrieve the object.
A police officer has made a custodial arrest of a person for a traffic offense. At this
point, what may an officer search?
a. arrestee only for evidence of the offense.
b. arrestee only for weapons and evidence of the offense.
c. arrestee’s clothing but nothing the arrestee is carrying.
d. arrestee’s clothing, wallet and anything in the arrestee’s pockets.
In general, if a police officer makes a warrantless arrest for a felony based on probable
cause and it turns out that the arrestee did not commit the suspected offense, the officer
is not civilly liable, provided no negligence was involved in making the arrest.
a. True
b. False
Circumstantial evidence _____.
a. indirectly infers a fact at issue
b. directly establishes a fact at issue
c. can be physical, tangible evidence, but not testimonial evidence
d. can be testimonial evidence, but not physical, tangible evidence
Select the true statement concerning search incident to arrest and the automobile
exception.
a. Search incident to arrest, but not the automobile exception, allows a search of an
automobile.
b. Both search incident to arrest and the automobile exception can be used to justify a
search of a person.
c. The requirements needed to justify the search of a vehicle are different for the
automobile exception compared to search incident arrest.
d. The search incident arrest and the automobile exception are essentially the same.
What most completely describes the factors that are given consideration when
determining the intention of a suspect in regards to abandoned property?
a. words that are spoken
b. words that are spoken and actions that are done
c. words that are spoken, actions that are done, and other objective facts
d. words that are spoken, actions that are done, police officer hunches, and other
objective facts
Which statement most accurately describes the “inevitable discovery” exception to the
exclusionary rule?
a. If the government can show that the discovery of the tainted evidence was inevitable,
the evidence will be admissible, even though it was initially illegally obtained.
b. If the defense can show that the evidence was obtained in violation of the
Constitution, that evidence is not admissible, even though the contested evidence would
have been discovered by lawful means in the absence of police misconduct.
c. The exclusionary rule does not apply if the officer made an illegal search but later
obtained a search warrant that particularly described the evidence seized.
d. If the inevitable discovery exception is to apply as an exception to the exclusionary
rule, the government must show beyond a reasonable doubt that the contested evidence
would have been discovered by lawful means.
DNA evidence is, in all instances, direct evidence.
a. True
b. False
Random, non-intrusive manual searches of airline passengers and passenger belongings
for weapons or explosives is _____.
a. unconstitutional
b. acceptable only in exigent circumstances
c. inherently biased and inflammatory
d. not a violation of the Fourth Amendment
The police suspect that a store is illegally selling illicit drug paraphernalia. A plain
clothes detective working undercover enters the store, purchases items, leaves the store,
and comes back with a search warrant for the store and an arrest warrant for the store’s
owner. In terms of the Fourth Amendment, the initial possession of the goods by the
police _____.
a. constituted a search, but not a seizure
b. constituted both a search and seizure
c. did not constitute a search or a seizure
d. constituted a seizure, but not a search
In _____, different memory images may become combined or confused with one
another.
a. unconscious retrieval
b. transference confusion
c. unconscious transference
d. subconscious retrieval
Select the false statement about the appeal process.
a. Filing an appeal involves the filing of a notice of appeal, the designation of the parts
of the trial record to be considered on appeal, the filing of a statement of points on
appeal, the filing of briefs, and the arguing of the briefs before an appellate court.
b. An appeal by the prosecution of adverse rulings is made before the jury hears the
case or in cases in which the defendant has appealed and won.
c. If a defendant does not have the funds to appeal a conviction, the state will not
provide these resources; thus, the person cannot appeal.
d. A defendant has a right to appeal after being convicted of a crime and after the trial
judge has decided all post-trial motions and entered final judgment in the case.
Many of the issues that make eyewitness identifications problematic are not capable of
control by the police. However, there are certain practices police can follow to reduce
the likelihood of error in eyewitness identification. Most of these practices focus on
_____.
a. improving police investigation techniques so that police will not have to extensively
rely on eyewitness accounts
b. decreasing the suggestibility to witnesses that is inherent in many police practices
c. limiting recorded information so that there is no record of police procedure that can
be challenged
d. identifying and firing or otherwise punishing police officers who purposefully violate
policies
Without a signed consent form, the validity of the search is easily challenged.
a. True
b. False
In the case of United States v. Place, the courts ruled that seizure of a suspect’s luggage
suspected of containing drugs for approximately _____ in order to transport the luggage
to another airport for a canine sniff was excessive.
a. one hour
b. ninety minutes
c. four hours
d. eight hours
If a conversation takes place in public where other parties can overhear the
conversation, there is no reasonable expectation of privacy. However, any recording of
such a conversation would violate Title III of the Wiretap Act.
a. True
b. False
An investigative detention may last as long as the officer feels necessary.
a. True
b. False
A court which can try any type of case has _____.
a. limited jurisdiction
b. appellate jurisdiction
c. general jurisdiction
d. certiorari
Photo arrays are considered a “critical stage” of a criminal prosecution.
a. True
b. False
Law enforcement officers planted a tracking beeper on the clothing of an individual in
order to track the individual from one location to another. Shortly thereafter, the
individual traveled home where the movements of the person within the residence were
tracked. How is this police activity most likely to be viewed by the courts?
a. Constitutional because the U.S. Supreme Court has ruled that a tracking device does
not invade a person’s privacy.
b. Constitutional because the tracking device was originally planted at a location other
than the private residence of the individual.
c. Unconstitutional because the in-home movements of the individual were not
generally open to visual surveillance.
d. Unconstitutional because tracker devices cannot be used in any context.
Many courts require the government to return seized computers and data storage
equipment at a particular time as a condition of issuing the warrant.
a. True
b. False
Materials that are made inaccessible to anyone without a special court order are said to
be _____.
a. under lock and key
b. on-hold
c. under seal
d. en todos
Often times in cases involving the seizure of a person, the Supreme Court will examine
which of the following?
a. reasonableness of the suspect’s action.
b. experience of the law enforcement officer.
c. venue in which the actions occurred.
d. totality of the circumstances.
An officer makes a Terry stop of a person and develops reasonable suspicion to believe
the person may be armed and dangerous. During a pat-down, the officer feels an item,
but the true nature of the item is not immediately apparent. The officer _____.
a. has probable cause and can detain the suspect indefinitely to wait for a warrant to be
issued
b. cannot, without further justification, retrieve the object from the person’s clothing
without consent
c. has probable cause and can detain the suspect temporarily to wait for a warrant to be
issued
d. can immediately, and without further justification, retrieve the object from the
person’s pocket
A law enforcement officer’s power to detain and question suspicious persons dates back
to _____.
a. the common law of England
b. the Magna Carta
c. the Peelian Reforms
d. biblical times
The essential ingredient which must be present for a statement to be involuntary is
_____.
a. pain
b. police physical brutality
c. police coerciveness in some form
d. suspect’s physical or mental impairment
Select the true statement.
a. The same level of suspicion is required to justify a frisk and a full search.
b. A police officer needs more than a hunch to justify both a frisk and a full search, but
less is required for a frisk than is required for a full search.
c. Probable cause is required to initially justify a frisk.
d. To stop a person, probable cause is needed; but to frisk a person reasonable suspicion
is required.
Based on Chimel v. California, what is the key question in deciding whether or not a
warrant is required to open a container seized incident to arrest of a person?
a. Is the container closely associated with the arrestee’s person?
b. Is the container still in the arrestee’s immediate control?
c. Is the container owned by the arrestee?
d. Is the container both closely associated with the arrestee’s person and still in the
arrestee’s immediate control?
What rule of law requires exclusion of tainted evidence even if it is relevant?
a. the exclusionary rule
b. good faith exception
c. attenuation doctrine
d. probable cause
Discuss the differences between single and multi-family dwellings for the purposes of
determining the extent of the curtilage.
Answer:Answers will vary.
What is “knock and announce”. Compare and contrast the advantages and
disadvantages of such a rule.
Answer:Answers will vary.
Compare and contrast the requirements for establishing probable cause on the basis of a
citizen informant versus a criminal informant.
Answer:Answers will vary.
Minnesota v. Dickerson, 508 U.S. 366 (1993), applied the principles of the plain view
doctrine to a situation in which a law enforcement officer discovered contraband
through the sense of touch during an otherwise lawful search. This is sometimes called
the plain ____________________________ doctrine.
What is meant by the term exigent circumstance? Provide an example.
Answer:Answers will vary.
Briefly explain the right to counsel clause of the Sixth Amendment.
Answer:Answers will vary.
Convey the concept of proportionality. To what extent does the U.S. Supreme Court
currently recognize proportionality as a component of the Eighth Amendment?
Answer:Answer will vary.
Regardless of the justification for a delay, warrants must be executed before probable
cause dissipates, a process commonly referred to as going ___________.
A __________ is a person in possession of someone else’s personal property with the
lawful permission of the rightful owner.
If police state that they will obtain a warrant if consent is withheld and they know they
have insufficient grounds to obtain the warrant, the consent will be considered
__________.
Define what the courts meant in South Dakota v. Opperman by a ‘standard procedures”
requirement for inventory searches.
Answer:Answers will vary.
Define probable cause and how it relates to the exception regarding automobile
searches.
Answer:Answers will vary.
Explain the notions of burden of persuasion and burden of production.
Answer:Answers will vary.
Explain the difference between the right to counsel under the Fifth and Sixth
Amendments. What are the distinct limitations placed on obtaining statements from a
suspect under each approach.
Answer:Answers will vary.
The _____________________ approach held that the Due Process Clause of the
Fourteenth Amendment applies rights to state proceedings by considering each right on
its own to determine whether the right is fundamental or not.
There are two major forms of relief for a defendant after being convicted of a crime:
__________ and __________.
In reference to admissibility of confessions, the case which shifted the area of inquiry
from due process to the Fifth Amendment privilege against self-incrimination is
Name three things that a prosecutor or defense attorney may strike a juror for.
Answer:Answers will vary.
Define and give an example of a pretextual stop.
Answer:answers will vary