The court’s holding is:
a. also called a judgment.
b. found in the case’s procedural history.
c. the legal rule the court applied to the facts of the case.
d. the also called the majority opinion.
Research by psychologists shows that jurors may give credit to confessions obtained
during high-pressure interrogation because:
a. they believe police do not engage in high pressure interrogation
b. they believe that being charged with a crime probably means the defendant is guilty
c. of fundamental attribution error
d. they believe high pressure interrogation is the best way to get suspects to confess
In order to claim a violation of the equal protection clause, a claimant must prove:
a. the official government action had a discriminatory effect.
b. the official intended to discriminate.
c. that the government action had a discriminatory effect and a discriminatory purpose.
d. that the government action treated him/her differently than other people.
The Eighth Amendment guarantees which of the following?
a. The right to be free from unreasonable searches.
b. The right against double jeopardy.
c. The right to an impartial jury.
d. The right against cruel and unusual punishment.
The discovery of evidence by means of a law enforcement officer’s ordinary senses in
any place where the officer has a lawful right to be is not a search.
a. True
b. False
Which of the following would NOT justify an emergency search?
a. Belief of danger to community safety
b. Inconvenient location to wait with suspect for a warrant
c. Potential of suspect destroying evidence
d. Belief of danger to officers
The Constitution is a different type of document than a statute, because it expresses the
will of the people as a whole.
a. True
b. False
Bivensactions are:
a. constitutional tort actions against federal officers.
b. prohibited against officials who act under color of authority.
c. do not have to show unreasonable legal action by the defendants.
d. banned against federal officials.
According to the Supreme Court opinion in Terry v. Ohio, involving a police stop and
frisk of a citizen on a street to investigate a possible robbery:
a. in dealing with dangerous situations on city streets, police need an escalating set of
flexible responses.
b. police cannot stop citizens without probable cause to believe that crime is afoot.
c. in any instance where the police can stop someone, they can also frisk that person.
d. police cannot stop citizens without clear and convincing evidence that crime is afoot.
Which is true regarding suits against city agencies?
a. The city/agency may be sued when their policies or customs result in injuries that the
agency is responsible for under section 1983.
b. There are no restrictions on suing any government agency or its agents.
c. A local government can be sued for an injury inflicted solely because of the
individual actions by its employees or agents, whether on or off-duty.
d. Police officers can never be sued under the Police Officer’s Bill of Rights.
If a defendant’s constitutional right to a speedy trial is violated he:
a. charges against the defendant are dismissed.
b. time the defendant spent in jail awaiting trial is deducted from his sentence.
c. court determines the point at which the trial should have commenced and deducts
from the sentence the period of time between then and the date the trial actually started.
d. prosecution must go back to the grand jury stage and start all over.
Most recent legal commentary supports the grand jury process.
a. True
b. False
In building probable cause, police officers may rely on:
a. direct information and hearsay only.
b. direct information, hearsay, and corroborated anonymous tips only.
c. direction information only.
d. direct information, hearsay, corroborated anonymous tips, and tips from informants.
Misdemeanor defendants commonly enter a plea at their first appearance.
a. True
b. False
According to the U.S. Supreme Court, so long as officers have probable cause, they do
not need to obtain prior judicial approval to make an arrest in a public place.
a. True
b. False
Judges have _______from civil lawsuits for actions they take while performing their
official judicial duties.
a. official immunity
b. functional immunity
c. sovereign immunity
d. absolute immunity
The U.S. Patriot Act:
a. tips the balance totally in favor of government power with very little protection for
individual privacy.
b. tips the balance somewhat in favor of government power and guarantees somewhat
less protection for individual privacy.
c. leaves the balance between government power and individual privacy in the same
place it was pre-9/11.
d. tips the balance so far in favor of the government that the U.S. Supreme Court
declared many of its provisions unconstitutional.
Concerning the law of interrogating terrorist suspects:
a. it is clear that the U.S. Constitution requires terrorist suspects be treated the same as
criminal suspects.
b. the definition of what constitutes torture is clear.
c. there is no clear definition of torture or what violates the Constitution.
d. there is consensus that torture is legal when interrogating persons suspects of
planning terrorist acts on American soil.
Which of the following places is/are notlikely to be considered part of the curtilage?
a. A garage
b. A pool
c. Warehouses on the same property
d. A porch
In a criminal case, when the appellate court sends a case back to the court from which it
came for further action, the disposition is referred to as:
a. affirmed.
b. remanded.
c. reversed.
d. nullified.
According to the Supreme Court, a jury’s verdict in a criminal case must be unanimous
when there are only how many jurors?
a. 6
b. 7
c. 10
d. 12
The Patriot Act ________provision creates a national security equivalent of grand jury
subpoenas.
a. safeguard
b. white collar
c. business records
d. lone wolf
There are clear statistics indicating the number of false confessions per year.
a. True
b. False
Bad evidence is the term used to describe probative evidence, or evidence that proves
(or helps to prove) defendants committed the crimes they are charged with.
a. True
b. False
Courts that have allowed the state-created danger exception apply it in one of two ways.
The first way requires (a) a special relationship between the government and the victim,
plus (b):
a. a plaintiff who committed only a minor offense
b. an affirmative defense
c. a danger created by the state
d. a danger created by the plaintiff
In California v. Greenwood (1988), the Supreme Court held:
a. there is no reasonable expectation of privacy in the trash we place in the waste
baskets located in our homes.
b. there is no reasonable expectation of privacy in the trash we place in bags/cans we
place outside for pick- up on the front curb of our homes.
c. there is a reasonable expectation of privacy in the trash we place on the front curbs
outside our homes because the trash is still on our property.
d. there is no reasonable expectation of privacy in trash unless we have shredded it.
The Supremacy Clause of the U.S. Constitution:
a. explicitly provides for judicial review.
b. vests final government authority in the U.S. Constitution.
c. only applies to the federal government.
d. does not apply to state court decisions.
The Supreme Court has held that the key inquiry for the good faith exception to the
exclusionary rule is the officer’s honest, subjective belief in the legality of his or her
actions.
a. True
b. False
Reasonable suspicion can never be based on hearsay information.
a. True
b. False
What type of rule did the U.S. Supreme Court apply in Miranda v. Arizona (1966)?
a. Voluntary admissibility rule
b. Custodial clarity rule
c. Interrogational relief rule
d. Bright line rule
According to Pinder v. Johnson,involving a lawsuit by a mother against police officers
and others for the death of her children in a fire:
a. the due process clauses create an official duty to protect life.
b. a duty to protect life can arise when the state restrains citizens from acting on their
own behalf.
c. an affirmative duty to protect life can never arise on the part of government officials.
d. government action can never create a duty to protect life.
The reasonableness of searches pursuant to search warrants depends on:
a. the existence of probable cause only.
b. the existence of probable cause and the extent of the search only.
c. the existence of probable cause, the extent of the search, and the particularity of the
warrant only.
d. the existence of probable cause, the extent of the search, teh particularity of the
warrant, and the manner in which teh police ener the place to be searched.
Summarize the controversy generated by the U.S. Supreme Court’s 1960s incorporation
decisions.
__________is another term used to describe probative evidence, or evidence that
proves (or helps to prove) defendants committed the crimes they are charged with.
Searches at international borders are reasonable even without warrants or probable
cause under what is called the __________________.
Identify the special need for searches of prisoners and discuss prisoners’ expectation of
privacy.
_________research about eyewitness identifications involves analyzing previously used
identification procedures in actual criminal cases.
Identify the two elements of the qualified immunity defense, and explain why the test is
so easy for officers to pass.
Why is it reasonable to remove a passenger from a stopped vehicle when there is no
suspicion the passenger may be involved in a crime?
Evidence derived from illegally obtained evidence is called ________of the ________.
The rationale used to justify the exclusionary rule that is based on the notion that
excluding evidence obtained in violation of the constitution prevents illegal law
enforcement is the ______rationale.
A person who brings a suit against the government asking for a remedy is called the
_________.
Detailed, constantly changing rules passed by legislatures are called _______.
Routine, unannounced cell searches for weapons and contraband are called
__________searches.
The notion that forced confessions violate ___________even if they are true is the
accusatorial system rationale.
List and briefly summarize the stages in the criminal trial.
Evidence that helps prove defendants are guilty is sometimes called ______
___________.
Lawsuits against individual federal law enforcement officers for a constitutional
violation are ___________.