After it has been determined that a person has standing to make a Fourth Amendment
claim and that a ‘search” or ‘seizure” has occurred, the final inquiry is to find whether
_____.
a. probable cause exists
b. the exclusionary rule can be invoked
c. there was a violation of privacy
d. the search or seizure was reasonable
For an inventory to be constitutional, the full search of the vehicle must be limited to
areas of the vehicle that can contain evidence of the crime for which the suspect was
arrested.
a. True
b. False
During a search incident to arrest, officers may not search for weapons unless they can
point to specific facts and circumstances indicating the likelihood that the person was
armed and dangerous.
a. True
b. False
The primary mechanism through which confrontation is achieved to satisfy the Sixth
Amendment requirement is _____.
a. direct examination
b. rebuttal
c. cross-examination
d. negotiations with the prosecutor
Cruel and unusual punishment is forbidden by the _____ Amendment.
a. Fifth
b. Seventh
c. Eighth
d. Ninth
If a mistake is made in specifying the address on a search warrant, the warrant is
automatically invalid.
a. True
b. False
Officers arrested Wright for robbery and took him to the police station, but Wright
refused to discuss the robbery. The next day, without a search warrant, an undercover
officer went to his house and falsely introduced himself to Wright’s wife as her
husband’s accomplice in the robbery and told her that he was there to collect his share.
The woman admitted the officer and went into the bedroom where she retrieved half the
money and gave it to the officer. How should the Court hold” the money?
a. the money is inadmissible because her consent was based on police deception.
b. the money is inadmissible because the wife lacks authority to consent for her
husband.
c. the money is admissible because the wife’s consent is voluntary.
d. the money is admissible because the police had probable cause to enter even without
the consent of the wife.
Ex post facto laws _____.
a. impose punishment by an act of the legislature
b. are retroactive laws which act to the detriment of the accused
c. guarantee that federal crimes, except impeachment, be tried before a jury
d. retroactively enhance the rights of the accused
Out-of-court statements are testimonialand, therefore, are subject to the Confrontation
Clause.
a. True
b. False
Volunteered statements _____.
a. should be interrupted for Miranda warnings
b. need not be interrupted for Miranda warnings
c. need to be interrupted for Miranda warnings if the Edwards rule applies
d. need to be interrupted for Miranda warnings if the person is in custody
A person has been seized (within the meaning of the Fourth Amendment) if in view of
all of the circumstances surrounding the incident, a reasonable person would have
believed _____.
a. that (s)he was not free to leave.
b. that (s)he was free to leave.
c. that (s)he could remain silent.
d. (s)he was restricted only if the officer was physically touching her/him.
An employer may consent to a search of any part of the employer’s premises over which
the employer has exclusive control, but may not consent to a search of an area that the
employer has joint authority and control together with a particular employee.
a. True
b. False
The appellate court may affirm the conviction of a defendant, even if there was trial
error. The conviction will be upheld if the court finds that there was error which had
little likelihood of changing the result of the trial. What is this rule commonly known
as?
a. plain error rule
b. contemporaneous objection rule
c. harmless error rule
d. final judgment rule
What factor determines whether a driver or passenger can challenge the police on a
particular search of his/her vehicle under the automobile exception?
a. whether the police search violated a principle established by the Carroll or Gant
cases
b. whether the police search violated a principle established by the Carroll case
c. whether the driver or passenger is the registered owner of the vehicle
d. whether the driver or passenger have a reasonable expectation of privacy in the
vehicle
When considering the issue of waiver of Miranda rights, courts take into consideration
_____.
a. the totality of circumstances
b. whether the waiver was voluntary (absence of police coercion)
c. awareness of the right(s) being waived and the consequences of the waiver
d. the totality of circumstances, whether the waiver was voluntary (absence of police
coercion), and awareness of the right(s) being waived and the consequences of the
waiver
The “prior valid intrusion” requirement of the plain view doctrine means that _____.
a. the suspect did not intrude into anyone else’s reasonable expectation of privacy
b. the officer did not violate the Fourth Amendment in arriving at the place from which
he could perceive the evidence
c. the officer did not intrude into anyone’s reasonable expectation of privacy
d. the suspect intruded into the victim’s privacy thus justifying the officer’s intrusion
into the suspect’s privacy
In Olmstead v. United States (1928), the Court held that wiretapping of telephone
conversations _____.
a. is covered by the Fourth Amendment, but does not violate it
b. was not covered by the Fourth Amendment
c. is covered by the Fourth Amendment, and is a violation of it
d. was only a partial violation of the Fourth Amendment
Which of the following suspects, who have given consent, would have the greatest
difficulty in establishing that his consent was involuntary?
a. A 16 year old who has dropped out of school
b. A high school dropout who was intoxicated at the time of the consent
c. An injured driver who was medicated in the emergency room at the time of the
consent
d. A college student who has taken a course in the law of criminal procedure.
Consent given based on a false belief that an officer has a right to search is still
considered voluntary consent.
a. True
b. False
The number of hours a search lasted is the major factor used to determine the
reasonableness of the duration of a search.
a. True
b. False
Searches and seizures concerning foreign intelligence and antiterrorism efforts are
authorized and regulated by the Foreign Intelligence and Racketeering Act (FIRA).
a. True
b. False
What is the first and primary requirement for an officer to seize evidence under the
plain view doctrine?
a. The item must be plainly visible.
b. The observation of the item must be inadvertent.
c. The officer must be specially trained in recognition of contraband.
d. The officer must be lawfully present in the place where the sighting is made.
The privilege against self-incrimination applies to compelling a person to _____.
a. appear in a lineup in which all individuals will read a standard script
b. furnish a blood sample which might match that of the perpetrator
c. make a statement which indicates they might be guilty
d. furnish their fingerprints for comparison with the perpetrators
Evidence that may be favorable to the defendant at trial by tending to cast doubt on the
defendant’s guilt is called _____.
a. error-prone evidence
b. circumstantial evidence
c. exculpatory evidence
d. impeachment material
Although civil lawsuits against state agents are one alternative to the exclusionary rule,
_____.
a. civil lawsuits can only be filed by members of certain protected classes
b. police and other agents of the state are able to claim absolute immunity
c. police and other agents of the state are able to claim qualified immunity
d. police and other agents of the state are able to claim transactional immunity
Relating to arrest and search warrants, the doctrine of severability _____.
a. enables total suppression of evidence in instances where a warrant is deficient
b. allows co-defendants to be charges separately
c. allows a defendant with multiple counts to be tried separately on each count
d. allows problematic clauses of a warrant to be redacted while preserving the
remaining clauses
Prior to the U.S. Supreme Court cases of Camara v. Municipal Court and See v. City of
Seattle decided in 1967, administrative searches were _____.
a. not considered to be true searches
b. not subject to review by appellate courts
c. subject to the warrant requirement
d. not subject to the warrant requirement
Select the most accurate characterization of the U.S. Supreme Court’s current view
toward the Aguilar-Spinelli two-prong criteria.
a. The criteria are a good reference point for analyzing probable cause based on
informant information, but the applicability to all cases is limited.
b. Rigid application of the criteria is the best way to analyze probable cause based on
informant information.
c. The criteria are so outdated that the case is completely useless in assessing probable
cause.
d. The criteria are a good ending point of the probable cause analysis, but there are
several steps that need to occur first.
Eyewitness identification is complicated by the fact that people can easily change many
of their facial characteristics, such as hair style, presence or absence of facial hair, and
hair color. These are called _____ characteristics.
a. confirmation
b. confabulation
c. reifying
d. malleable
According to Baldwin v. New York, 399 U.S. 66, 69 (1970), in which of the following
situations does a defendant has a right to trial by jury under the Sixth Amendment?
a. in all criminal prosecutions
b. in prosecutions for offenses for which an imprisonment penalty is a possibility
c. in all prosecutions for which the possible penalty is 6 months or more imprisonment
d. in all prosecutions including juvenile court proceedings
A person with __________ over property has the legal capacity to grant consent to
search the property over which they have access or control.
What is the Miranda Warning?
Answer:Answers will vary.
What factors are necessary to justify an inventory search and what probable cause must
be present for authorities to search the vehicle?
Answer:Answers will vary.
Compare and contrast the requirements for establishing probable cause on the basis of
an anonymous informant versus a known informant. Explore the differences in risk for
liability for providing false information.
Answer:Answers will vary.
Explain the importance of corroborating information from informants. Also, consider
the distinctions between known informants, unknown informants, criminal informants,
and citizen informants. Are the distinctions in how the law handles these different types
of informants justified? Why or why not?
Answer:Answers will vary.
Explain the difference between the concepts of “open fields” and “curtilage” and how
they relate to the law of search and seizure.
Answer:Answers will vary.
To challenge the admissibility of evidence and potentially have evidence excluded at
trial, a defendant must first have ______________the ability to raise a legal claim.
What is derivative evidence? Provide an example.
Answer:Answers will vary.
Some courts use a rule of thumb that the curtilage ends approximately __________ feet
from the main dwelling.
Briefly explain what is meant by cross-racial identification bias.
Answer:Answers will vary.
Rules and regulations set forth by a government agency that is empowered through
statutory law to make such rules are categorized as _____________________ law.
Warrantless searches are allowed for certain licensed and __________ industries.
Write a brief paragraph explaining the importance of note-taking by an officer as the
case progresses.
Answer:Answers will vary.
Using the Carroll doctrine, as interpreted by the courts, explain any delays in searching
that might be acceptable.
Answer:Answers will vary.
If possible, warrantless searches under the __________ doctrine should be conducted
immediately at the scene where the vehicle is stopped.
A(n) ___________ is defined as “a transfer containing the human voice at any point
between and including the point of origin and the point of reception.”
According to Mincey v. Arizona, the warrantless search of a residence is not
constitutionally permissible simply because a homicide has recently occurred there.
There is no “_______________” exception.
The __________ provides that any person may intercept an electronic communication
made through a system that is configured so that the communication is readily
accessible to the general public.
Provide examples that would illustrate a minimum of three different constitutional
limits on the seizure of items found in a search.
Answer:Answers will vary.