The USA PATRIOT Act improves counter-terrorism efforts by all of the following,
except:
a. allowing investigators to use tools already available to investigate organized crime
and
drug trafficking.
b. facilitating information sharing and cooperation among government agencies.
c. increasing penalties for those who support or commit organized crime.
d. Updating the law to reflect new technologies and new threats.
In Florida v. J.L.,the Supreme Court ruled that Terry stops:
a. can be justified by an anonymous tip.
b. cannot be justified solely by an anonymous tip.
c. only require probable cause.
d. can be justified by an anonymous tip about deadly weapons only.
In which of the following situations are school officials justified in searching without a
warrant or probable cause if they have reasonable suspicion to believe contraband
exists?
a. University dorm rooms
b. Students and student lockers at public and private schools
c. Students and student lockers at public schools
d. Adult students
The first written agreement among the colonies to stand together in resistance to Great
Britain was:
a. a result of the First Continental Congress.
b. a result of the Second Continental Congress.
c. known as The Federalist Papers.
d. the Mayflower Compact.
The Fifth Amendment privilege against self-incrimination comes into play:
a. whenever a law enforcement officer questions a suspect, whether in custody or not.
b. only during custodial interrogation.
c. only at trial.
d. whenever incriminating information is being communicated.
The Supreme Court upheld corporal punishment as necessary for the proper education
of a child and maintenance of group discipline and not an Eighth Amendment issue in:
a. United States v. Ursery
b. Trop v. Dulles
c. Solem v. Helm
d. Ingraham v. Wright
The exception to the exclusionary rule that deems evidence admissible even if seized in
violation of the Fourth Amendment when it can be shown that the evidence would have
been discovered through lawful means is:
a. harmless error doctrine
b. good faith exception
c. inevitable discovery doctrine
d. valid, independent source doctrine
The Ninth Amendment deals with the concept(s) of:
a. due process.
b. suits at common law.
c. enumeration of certain rights.
d. federalism.
Bail is forfeited when:
a. the defendant is found guilty.
b. the defendant is acquitted.
c. the defendant doesn”t appear in court.
d. the defendant has to be apprehended by a bail agent.
Of the following, the one that permits the U. S. Supreme Court to become the ultimate
decision maker in whether laws and actions of government circumvent the Constitution
and invalidate them if they do so, is/are the:
a. Bill of Rights
b. Articles of Confederation
c. Supremacy Clause
d. Quartering Act
The precedent for warrantless searches of vehicles came from:
a. Carroll v. United States.
b. Chambers v. Maroney.
c. Robbins v. California.
d. South Dakota v. Opperman.
If members of the militia were called to service, they were to bring:
a. only their own arms. Ammunition was supplied by the government.
b. only their own ammunition. Arms were supplied by the government.
c. their own arms and ammunition.
d. nothing-the government supplied both arms and ammunition.
The Supreme Court placed restrictions on the censorship of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Plessy v. Ferguson held that:
a. our Constitution must be color blind.
b. discrimination was outside the realm of the Court.
c. it is up to legislation to eradicate prejudice.
d. the economic cost of segregation would be staggering.
The “fleeing felon” rule that allowed police officers to shoot any felon attempting an
escape was invalidated by the Supreme Court’s ruling in:
a. Dunaway v. New York (1979).
b. Brown v. Texas (1979).
c. Tennessee v. Garner (1985).
d. State v. MacKenzie (1965).
Balancing the rights of the states and individual citizens against the power of the central
government was the purpose of the:
a. Bill of Rights
b. Articles of Confederation
c. first three Articles of the Constitution
d. Great Charter
Whether a trial is sufficiently speedy is determined by the length of the delay, the
reason for the delay, ________________, and the harm caused.
a. court review of the facts
b. the prosecution’s waiver of the right
c. the relevance of the delay
d. the defendant’s assertion of this right
Which of the following amendments has most recently been held applicable to the
states?
a. Second Amendment right to bear arms.
b. Fifth Amendment guarantee of criminal prosecution only on a grand jury indictment.
c. Seventh Amendment guarantee of a jury trial in a civil case.
d. Fourth Amendment right against unreasonable searches and seizures.
Which of the following would not be considered a source of primary information?
a. state legislation
b. state constitutions
c. specialized treatises
d. Congressional statutes
Which has not been held to be cruel and unusual punishment?
a. Execution of anyone under 18 when they committed a capital offense.
b. Execution of the mentally ill or mentally retarded.
c. Execution method presenting substantial risk of serious harm.
d. Execution by firing squad.
The Police Chief magazineis an example of:
a. popular literature
b. professional literature
c. primary sources
d. scholarly literature
The framework for the federal judiciary is:
a. based on common law.
b. found in the Declaration of Independence.
c. outlined in The Federalist Papers, issue V
d. found in Article 3 of the U.S. Constitution.
The first prong of the two-pronged test to establish a claim of ineffective counsel
requires the defendant to show:
a. representation falling below an objective standard of reasonableness.
b. representation whose incompetence “shocks the conscience.”
c. representation falling below community standards of excellence.
d. representation that resulted in an unfavorable outcome.
Standards to define obscenity were set forth in:
a. Near v. Minnesota.
b. the Zenger case.
c. Edwards v. City of Goldsboro, NC.
d. Miller v. California.
In re Gault assured juveniles:
a. the right to a jury trial.
b. due process in the legal system.
c. the right to be tried as an adult in certain cases.
d. the right against self-incrimination.
A legal opinion usually contains all of the following except:
a. a description of the facts.
b. a statement of the legal issues presented for decision.
c. concurring or dissenting opinions of the plaintiff.
d. the relevant rules of law.
Which of the following statements would probably constitute an invocation of Miranda
rights?
a. “I think I may have said too much.”
b. “If I don”t like your questions, it’s lawyer time.”
c. “I”ll talk, but I”m not signing that waiver form.”
d. “I”m done talking to you.”
The Supreme Court held that officers who were in hot pursuit of an armed robbery
suspect acted reasonably when they entered the house and began to search for the man
because “the Fourth Amendment does not require police officers to delay in the course
of an investigation if to do so would gravely endanger their lives or the lives of others”
in:
a. Payton v. New York
b. Warden v. Hayden
c. United States v. Watson
d. Tennessee v. Garner
The totality of the circumstances test made establishment of probable cause by use of
_______ easier for police.
a. warrantless investigative stops
b. informants
c. victim reports
d. articulable reasonable suspicion
In the Heller decision, the Supreme Court specifically refrained from voicing an
opinion on whether the Second Amendment applied to:
a. illegal immigrants.
b. the states.
c. private individuals.
d. certain misdemeanants.
The practice established for individuals deemed a threat to society or likely to flee is:
a. Involuntary commitment
b. The Bail Reform Act of 1966
c. Preventive detention
d. Protective custody
Membership in which of the following is based on state populations?
a. Senate
b. House of Representatives
c. State Judiciary
d. Constitutional Convention
Issuing magistrates must be ___________ and detached.
Some activist groups argue that an ________ citizenry is the best defense against
tyranny.
De facto arrests are legal since officers are in the process of developing probable cause.
A suspect who has invoked only his right to silence cannot be re-approached to seek a
waiver on a different case.
Reasonable, articulable suspicion is the key determinant of whether a judge will grant
officers a warrant to search or arrest.
Government’s restriction of the press through use of prior restraint is rare in the United
States and most other democratic countries.
Laws of the United States may only originate in the House of Representatives
Since they are not incarcerated, probationers and parolees enjoy the same Fourth
Amendment rights as law-abiding citizens.
Denying bail on the basis of danger to the community or of risk to not appear at trial is
known as ____________.
In Dred Scott v. Sanford, the Supreme Court ruled that even ________________ could
not be citizens and they had “no rights which a white man was bound to respect.”
Discuss the evolution of the right to be represented by an attorney during a criminal
trial.
The ______________ exception allows police to questions suspects without first giving
Miranda warnings if information sought sufficiently affects the officers’ and the public’s
safety.
The free exercise of religion involves both the freedom to believe and the freedom to
______.
Powers of the federal government are known as ________ powers.
The right to a federal jury trial is determined mainly by historical analysis of common
law.
A basic rule of legal procedure is that there can be only one opinion written for each
case decided in court.
A “soft” Miranda warning recited less harshly and directly than is imprinted on most
Miranda cards is permissible if all four warnings are adequately conveyed to the
suspect.
The requirement that laws themselves be fair and not just how laws are enforced refers
to ___________ due process.
Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation’s
counter-terrorism efforts.