A prosecutor locates a material witness to support her case. During the trial when the
prosecutor questions this witness the questioning is _____.
a. cross-examination
b. rebuttal examination
c. direct examination
d. re-cross examination
The essential ingredient for valid consent to search is _____.
a. reasonableness
b. reasonable suspicion
c. probable cause
d. voluntariness
The Foreign Intelligence Surveillance Act does not require a showing of probable cause
to believe that a crime has been or is being committed.
a. True
b. False
Officers executing a lawful search warrant for stolen guns discover contraband
fireworks in the suspect’s gun cabinet while searching for the guns. The officers _____.
a. may not seize the fireworks since they are not on the warrant
b. may seize the fireworks under the plain view doctrine because the officers have a
right to be where they are at the time
c. may not seize the fireworks under plain view because the officers have no right to
invade the privacy of the cabinet
d. may seize the fireworks under plain view doctrine because the fireworks are
dangerous to the public
If a criminal suspect is arrested without a warrant, the complaint serves as the charging
document.
a. True
b. False
The difference between a lineup and a showup is that a lineup includes a group of
persons, whereas the showup involves a presentation of only one criminal suspect to the
witness making the identification.
a. True
b. False
Evasive or uncooperative conduct on the part of the person in custody is considered to
indicate that the consent is not voluntary.
a. True
b. False
A court’s authority to hold a trial is its _____.
a. venire
b. original jurisdiction
c. appellate jurisdiction
d. venue
An officer receives permission from the resident of an apartment to “walk around”. This
permission allows the officer to:
a. search anyone found on the premises.
b. search the home owner.
c. seize items in the plain view of the officer.
d. seize property owned by others but stored on the premises.
An officer about to execute a search warrant has a sudden feeling that the occupants
might resist, making the officer fearful. The officer has no facts or circumstances to
support this belief. The most legally sound course of action would be to _____.
a. break in without notice
b. surreptitiously enter
c. still knock and announce
d. get permission from a supervisor to break in
Michigan Department of State Police v. Sitz ruled unconstitutional a Michigan program
that established roadside sobriety checkpoints without a warrant or particularized
suspicion.
a. True
b. False
Which of the following is not a true statement about the venire?
a. Federal law and the law of most states require that no citizen be excluded from
service as a juror on account certain factors like race and sex.
b. The venire must be a perfect mirror of the community or accurately [reflect] the
proportionate strength of every identifiable group.
c. The venire is supposed to be representative of society as a whole.
d. The prospective jurors who are summoned comprise the venire.
What “test” is used to determine if a person is in custody?
a. if the officer intends to arrest the suspect
b. if the suspect doesn”t feel free to leave
c. if a reasonable person wouldn”t feel free to leave
d. if the detention is more than brief questioning
A _____ is properly considered to be part of the open fields.
a. curtilage
b. dwelling
c. attached garage
d. forest around the home
When an officer’s experience and expertise is relevant to the probable cause
determination, the officer must be able to explain sufficiently the basis of that opinion
so that it “can be understood by the average reasonably prudent person.”
a. True
b. False
Based on the concept of “new federalism,” _____.
a. the federal law is always given authority over state law, even if the state law grants
more freedoms and liberties to the individual
b. the state law is always given authority over federal law, regardless of which law
grants more freedoms and liberties
c. the federal law is given authority over state law, unless the state law grants more
freedoms and liberties to the individual
d. federal law is given authority over state law, unless the state law grants additional
authority to the state government that is not recognized by the U.S. Constitution
Privileged communications protect confidential discussions in certain relationships in
which we want to foster open, honest communications. The law usually recognizes all
the following privileged relationships except which of the following?
a. attorney and client
b. clergy-member and penitent
c. siblings (brothers/sisters)
d. lawfully-married spouses
Which of the following are needed for an officer to make a warrantless arrest for a
misdemeanor?
a. a warrant.
b. the offense must be committed in the officer’s presence.
c. the offense must in fact have been committed and involve a breach of the peace.
d. the officer need only probable cause that the offense was committed.
The Constitution, as originally proposed to the States in 1787, contained the Bill of
Rights.
a. True
b. False
Officers enter the home of a man and place him under arrest. The man was located and
arrested in his living room area. Law enforcement officers then conducted a protective
sweep of all of the upstairs area, basement, and garage areas to ensure no one else was
in the home that could harm the officers. Which statement accurately describes the
potential justification argument for the sweep?
a. This full protective sweep is justified absent either probable cause or reasonable
suspicion.
b. This full sweep is only justified if there is probable cause to believe accomplices are
present that could harm the officers.
c. This full sweep is only justified if there is reasonable suspicion to believe
accomplices are present that could harm the officers.
d. This full sweep is only justified if there is clear and convincing evidence to believe
accomplices are present that could harm the officers.
An officer receives information from dispatch that another jurisdiction is looking for a
blue Ford Mustang with Louisiana license plates and a large dent in the passenger side
door. The officer spots a car fitting this description. Which statement is true?
a. The officer does not have justification to stop the car and investigate further.
b. The officer has justification to stop the car and investigate because probable cause is
based on the collective knowledge of the police.
c. The officer has justification to stop the car and investigate because (s)he has personal
knowledge of the crime.
d. The officer has justification to stop the car and investigate simply because the motor
vehicle is being operated in the jurisdiction of the officer.
Consent to look around in the trunk of the car for stolen coins amounts to consent to
search any containers in the trunk as well.
a. True
b. False
For a search incident arrest to be constitutionally valid, the search must be
contemporaneous to the arrest. What does this mean?
a. the search must be conducted at the exact time that the arrest occurs.
b. the search is conducted at the same time, or shortly thereafter, the point at which
probable cause to arrest develops.
c. the search is conducted at the same time, or shortly thereafter, the point at which
reasonable suspicion to arrest develops.
d. the search must be conducted at the exact time and location that the arrest occurs.
What is the word “house” in the Fourth Amendment interpreted to mean?
a. open fields
b. the private areas of residential and commercial premises
c. posted property surrounded by the open fields
d. space outside the curtilage
The U.S. Supreme Court has a strong preference that arrests and searches be authorized
by a warrant.
a. True
b. False
Evidence is relevant if it shows the existence of any fact that is of consequence to the
determination of the action by making that fact more probable or less probable than it
would be without the evidence.
a. True
b. False
Which statement about searches and seizures related to college students is most
accurate?
a. If law enforcement initiates an investigation of a student and gains access to the
student’s room through public or private university officials, the search is valid and the
evidence seized is admissible.
b. If police enlist school officials to participate in a criminal investigation and get them
to act on their behalf, then the school officials will be deemed state actors for Fourth
Amendment purposes.
c. In general, the Fourth Amendment protects students at both private and public
colleges and universities from searches conducted by school officials.
d. Even if a private college or university has a policy that allows unannounced searches
of students’ rooms to determine compliance with school policies, evidence in plain view
cannot be turned over to police.
A defendant’s silence after receiving Miranda warnings can be used against a defendant
at trial in the prosecution’s case-in-chief, but not for the purpose of impeachment.
a. True
b. False
Applying the reasonableness standard of the Fourth Amendment to special needs
searches allows _____.
a. warrantless searches only when there is reasonable suspicion
b. searches regardless of their efficacy in advancing government interests
c. only searches that involve “hands-off” intrusions on privacy
d. warrantless, suspicionless searches in some circumstances
The information that a law enforcement officer swears to in an affidavit (or in live
testimony) to establish probable cause for a warrant must be “truthful in the sense that
the information put forth is” _____.
a. objectively established as true
b. believed or appropriately accepted by the affiant as true
c. sworn to be true by at least two independent sources
d. established as true by a reasonable person test
If the backyard _____, an officer may enter and search the backyard of a
multiple-occupancy dwelling without a warrant under the open fields doctrine
a. is used by several members of a family
b. does not have a sight-obstructing fence
c. is used for illegal activity
d. was open for use by any passerby
Probable cause must be based on _____.
a. Aguilar/Spinelli
b. fact
c. reasonable suspicion
d. proof beyond a reasonable doubt
Peremptory challenges are limited in number, but challenges for cause are not.
a. True
b. False
Judicial decisions have made it clear that ‘speech” goes beyond oral communication,
including both artistic expression and _____.
a. violence when warranted
b. symbolic speech
c. unrestrained activity
d. freedom of movement
United States v. De Los Santos, 810 F.2d 1326 (5th Cir. 1987) illustrates the _____.
a. near-impossibility of satisfying the totality of circumstances test
b. willingness of police to use information that has limited validity
c. limited importance of obtaining corroborating information
d. continuing validity of the Aguilar-Spinelli two- pronged test
Explain how the right to a speedy trial depends on whether a formal accusation has
been made.
Answer:Answers will vary.
A person giving police the authority to search by consenting to the request to search
may limit the scope of the search to particular areas or items. When the citizen consents
to a search in this way it is called a __________ grant of consent.
What is meant by a controlled delivery and why is it used?
Answer:Answers will vary.
The case of Oliver v. United States, 1984, involved a warrantless police seizure of
marijuana from a secluded plot of land. Explain the court’s rationale regarding searches
in and around unoccupied tracks.
Answer:Answers will vary.
Title III of the Wiretap Act provides authority for designated officials to intercept wire,
oral, or electronic communications without a prior interception order if an emergency
situation exists that involves immediate danger of death or serious physical injury to
any person. This is referred to as the __________.
When sensory acquisition is incomplete because a person is overwhelmed with too
much information in too short a period of time, _______________ has occurred.
State the elements of a formal arrest. Illustrate by way of example the difference
between the concepts tantamount to an arrest and formal arrest.
Answer:Answers will vary.
The generic term which means any type of presentation of a suspect in person to a
victim to identify the perpetrator is __________.
“Special needs” exceptions are evaluated under the __________ standard of the Fourth
Amendment.
The __________ allows a communications service provider to intercept and disclose
communications to protect the rights or property of the provider as part of the ordinary
course of business.
Describe at least two factors or circumstances that a court would consider regarding the
issue of abandonment.
Answer:Answers will vary.
Describe the findings of United States v. Gillenwaters regarding the plain view doctrine
when police respond to certain emergencies.
Answer:Answers will vary.
The Fourth Amendment’s _____________________ requirement stipulates that before
an arrest warrant can be issued, the applying officer must produce evidence showing by
a fair probability that the specific person named committed a specific offense.
Define what is meant by a furtive gesture and give two examples.
Answer:answers will vary
Explain the differences between a subpoena and a summons.
Answer:Answers will vary.
Explain the difference between determinate and indeterminate sentencing.
Answer:Answers will vary.
A(n) ___________ search warrant specifically authorizes officers to enter unoccupied
premises, search for specified evidence, and then leavewithout seizing the evidence
they find, and without leaving a trace that an entry has been made.
If the contents of a container can be inferred from its outward appearance, distinctive
configuration, transparency or other characteristic, the container may be
____________________ by law enforcement officers. If the officer has probable cause
to believe items in the container constitute illegal contraband, the officer may seize the
container along with these items.
It is important to remember that the Fourth Amendment does not prohibit searches and
seizures, only _________ searches and seizures.