Under limited conditions, subsequent interrogation of a suspect who exercised the
Miranda right of silence after being given warnings may be permissible.
a. True
b. False
A law enforcement officer’s perceptions that a crime is being committed in his or her
presence clearly provide _____ to arrest the person committing the crime.
a. absolute suspicion
b. reasonable suspicion
c. absolute cause
d. probable cause
If a show of authority by a law enforcement officer does not result in a halting or
submission by the person being confronted, it is still considered a seizure under the
Fourth Amendment.
a. True
b. False
In Berger v. New York (1967) the issue was the constitutionality of a New York statute
that authorized electronic surveillance pursuant to a judicial warrant. In the case, the
Court:
a. validated the law because the government had probable cause and the intrusion was
reasonably related to what the government was looking for
b. validated the law because it properly limited the nature, scope, or duration of the
electronic surveillance
c. invalidated the law because the government did not establish probable cause
d. invalidated the law because it failed to properly limit the nature, scope, or duration of
the electronic surveillance
In criminal trials, a unanimous verdict is only required if a petit jury is comprised of
how many persons?
a. five people or fewer
b. six people or fewer
c. nine people or fewer
d. twelve people or fewer
Proper execution of an anticipatory search warrant is dependent upon _____.
a. a triggering condition
b. reasonable suspicion
c. reasonable suspicion and a triggering condition
d. witness testimony and reasonable suspicion
An officer stops a person travelling in their car based on reasonable suspicion. The
officer requests that the person step out of the vehicle and the person complies. The
officer immediately notices a tattoo on the arm of the person that is common among
members of a particular gang in the area known to engage in violence toward officers,
thus giving the officer reasonable suspicion to believe the person may be armed. The
officer has not secured the person. At this point the officer is legally permitted to:
a. frisk the person, but cannot search any part of the vehicle.
b. frisk the person and search the entire car for weapons.
c. frisk the person and search any part of the passenger compartment where a weapon
could be kept.
d. frisk the person and search any part of the passenger compartment or locked trunk
where a weapon could be kept.
Officers may stop a person or a vehicle on the basis of which of the following?
a. police flyer and bulletin, but not a radio dispatch
b. bulletin and radio dispatch, but not a police flyer
c. radio dispatch and police flyer, but not a bulletin
d. a police flyer, bulletin, or a radio dispatch
In which of the following circumstances would it be appropriate to use a showup
identification?
a. Police apprehend a suspect near the scene of the crime shortly after commission of
the crime.
b. Police take a description from the eyewitness and have probable cause to believe that
she is describing a known suspect.
c. The witness refuses to go to the police station for a lineup.
d. Police are unable to find any volunteers to participate in a lineup.
Curtilage is created simply by enclosing any area within a sight obscuring fence.
a. True
b. False
In U.S. v. Ross, the Court emphasized that the scope of a warrantless search of an
automobile is determined by _____.
a. the object of the search and the places in which there is probable cause it may be
found
b. the physical characteristics of the automobile
c. the types of containers within the automobile
d. whether there are any containers within the car and whether or not they are locked or
unlocked
A(n) _____ is a routine inspection of a home or business by governmental authorities
responsible for determining compliance with various statutes and regulations.
a. regulatory search
b. administrative search
c. Barlow search
d. probable cause search
The main purpose of the original Constitution was to establish individual liberties and
freedoms.
a. True
b. False
Which of the following is NOT true of perception?
a. Memory is dependent on perception.
b. Perception is a highly selective “interpretive” process.
c. Perception is dependent upon the accuracy of physical senses, but not upon
psychological processes.
d. One of the most important factors that impact our ability to perceive is the sheer
volume of sensory stimulation we receive.
A police officer has reasonable suspicion to believe a man approaching his car is
involved in criminal activity and is armed. The officer draws his gun and has the man to
stop about 15 feet from the man’s car. The officer conducts a quick pat-down search of
the man’s outer clothing and finds nothing. With his gun still out of its holster, the
officer asks the man for consent to search the car. The man consents. how will the court
most likely deem the search?
a. validate the search because the man provided valid consent.
b. validate the search owing to exigent circumstances.
c. invalidate the search as non-consensual.
d. invalidate the search because the man has no authority to provide consent.
All states permit probation officers to conduct warrantless, suspicionless searches of
persons on probation.
a. True
b. False
What is the generic term applied to any type of presentation of a suspect in person to a
victim to identify the perpetrator?
a. confrontation
b. showup
c. lineup
d. booking
In felony cases, the purpose of the initial appearance is to accept the defendant’s plea.
a. True
b. False
An officer conducting a lineup should allow the defense attorney at the lineup to do all
but which of the following?
a. take notes
b. observe all the proceedings
c. control any part of the proceedings
d. tape record the proceedings
The _____, issued by the Continental Congress in 1776, contains an explicit statement
that individuals have rights that cannot be taken away and that these rights are
‘self-evident”?
a. Magna Carta
b. Declaration of Independence
c. U.S. Constitution
d. Articles of Confederation
Which statement about a Franks hearing is true?
a. The purpose of the hearing is to allow a criminal defendant to challenge the veracity
of an affidavit used by the police to obtain a search warrant.
b. A simple allegation of falsity and/or material omission is insufficient to trigger
(initiate) a Franks hearing.
c. The defendant bears the burden of proving, beyond a reasonable doubt, that an
application for a warrant contained false statements that were knowingly or recklessly
made, or alternatively that material information was knowingly or recklessly omitted
from the warrant application.
d. All criminal suspects are entitled to a Franks hearing.
To use the automobile exception as the basis for a warrantless search, _____.
a. the vehicle must be inherently capable of movement, the officer must have probable
cause, and there must exist an additional exigent situation
b. the vehicle must be inherently capable of movement, but the officer does not need
probable cause to search
c. the vehicle must be inherently capable of movement and there must exist an
additional exigent situation
d. the vehicle must be inherently capable of movement and the officer must have
probable cause
By which of the following may a suspect waive the right to counsel at the
confrontation?
a. only by signing the waiver form
b. even if they refuse to sign the waiver form
c. only with counsel present
d. without counsel present only if they initiate discussion
The exclusionary rule requires that _____
a. unambiguous evidence of prosecutorial misconduct be presented
b. demonstration that the evidence was maliciously obtained
c. the prosecutor be willing to stipulate the evidence was illegally obtained
d. the defendant’s Fourth, Fifth, or Sixth Amendment rights have been violated
_____ concerns the use of scientific methods toward the preservation, collection, and
interpretation of digital evidence from digital sources.
a. Forensic computer information systems
b. Computer forensics
c. Electronic surveillance
d. Computer science
If a motorist is too intoxicated to drive, they are automatically too intoxicated to give
valid consent.
a. True
b. False
The case that established the foundation for stop and frisk is:
a. Terry v. Ohio
b. United States v. Dortch
c. United States v. Sharpe
d. United States v. Place
The change from viewing the Fourth Amendment as law that protected property to a
view that the law protected persons was prompted by cases that concerned _____.
a. standing to claim the protection
b. vehicular stops and searches
c. electronic surveillance
d. public stops and pat-downs
During a criminal trial, a mistake is made that potentially prejudices the defendant. The
defendant’s attorney failed to make a timely objection. What does this mean?
a. The defendant will not, under any circumstances, be able to raise the point on appeal.
b. The defendant will be able to raise the point on appeal because an error was made.
c. The defendant will only be able to raise the issue on appeal if permission is granted
by the prosecutor and the appellate judge.
d. The defendant will only be able to raise the point on appeal if the mistake made is a
“plain” or “prejudicial” error.
Which statement concerning time limitations on the forensic examination phase of
electronically stored information is correct?
a. The police are only allowed 10 days to extract the evidence.
b. The time period allowed to obtain the evidence is the same for forensic searches and
more traditional searches.
c. Law enforcement is allowed a shorter time period to obtain the evidence than
normally allowed under a traditional search warrant.
d. Rule 41 does not require magistrates to specify a time limit because the amount of
time is unpredictable.
In City of Indianapolis v. Edmond (2000), the Supreme Court invalidated a program in
which a warrantless highway checkpoint had been established to discover and interdict
__________.
The term __________ may include any unoccupied or undeveloped area outside of the
curtilage.
What is a permissible justification for a roadside checkpoint? Give examples of a
permissible and an impermissible justification.
Answer:Answers will vary.
Officers may seize contraband or other items subject to seizure that they observe open
to view under the __________ doctrine.
A body of international law collectively referred to as the ______________ has
developed over the centuries to set rules for the treatment of prisoners of war captured
on the battlefield in war time.
Sometimes, suspects specifically invoke their Miranda rights in a narrow way, while
acting in a manner that suggests they impliedly waive their Miranda rights with regard
to other aspects of a case. These are referred to as __________ or __________ waivers.
Discuss one court case that had a significant impact concerning sobriety checkpoints
and roadblocks used by the police.
Answer:answers will vary
The people who appear in a lineup or photo array other than the suspect are called
__________.
The controlling consideration in the warrantless search of a vehicle is __________ to
believe that the vehicle contains items that are connected with criminal activity and thus
are subject to seizure.
As detailed in United States v. Ross, 1982, explain the differences between the search of
an entire vehicle versus a particular area of a vehicle.
Answer:Answers will vary.
Explain the two different types of freedoms having to do with religion.
Answer:Answer will vary.
Prior to __________ v. California, the police were allowed a much broader scope in
searches incident to arrest.
Compare and contrast the three standards of judicial review ” strict scrutiny,
intermediate scrutiny, and the rational basis test.
Answer:Answer will vary.
The __________ case described the factors to determine whether property falls within a
house’s curtilage and hence is protected by the Fourth Amendment.
__________ occurs when state officials create “a situation likely to induce . . .
incriminating statements without the assistance of counsel . . . .”
The term _____________ is a designation given to individuals who were captured by
the United States on suspicion of being involved in terrorist activities by being a part of
or supporting Taliban or al Qaeda forces, or associated forces that are engaged in
hostilities against the United States or its coalition partners.
Explain the distinction between a plain view observation and a search.
Answer:Answers will vary.
What rule of law developed from the Segura case? What potential impact do you see
for police officers? Explain your reasoning.
Answer:Answers will vary.