An appeal from a trial court’s judgment of conviction:
a. is considered a direct attack.
b. can be taken multiple times.
c. can only be taken if the trial court certifies there are important issues for the higher
court to hear.
d. is the equivalent of habeas corpus.
It is not double jeopardy to prosecute and punish a defendant for the same act in
separate jurisdictions.
a. True
b. False
In _________the court held that students may be searched at schools based on
reasonable suspicion rather than probable cause (due to the schools need to maintain a
healthy learning environment).
a. Vernonia School District v. Acton
b. Board of Education v. Earls
c. New Jersey v. T.L.O
d. Commonwealth v. Nielson
Which doctrine holds that illegally seized evidence can be introduced at trial if the
officials would have found the evidence anyway?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
Due process of law requires not just counsel, but effective counsel.
a. True
b. False
If police officers have probable cause to search and they reasonably believe that
evidence is in imminent danger of destruction, they can search without a warrant.
a. True
b. False
The writ of habeas corpus:
a. dates back to the 1867 Habeas Corpus Act.
b. is not mentioned in the U.S. Constitution.
c. has a long and distinguished history and protected Englishmen from tyrannical
English kings.
d. has not been addressed by the U.S. Supreme Court in many opinions.
If it is determined that the police have not engaged in a search or seizure:
a. the Fourth Amendment applies only in part to the officer’s actions.
b. the due process clause has been violated.
c. the police actions are not subject to the Fourth Amendment’s requirements.
d. according to the exclusionary rule, the search or seizure is inadmissible.
In Blakely v. Washington the U.S. Supreme Court:
a. in essence upheld Washington State’s sentencing guideline scheme.
b. upheld the defendant’s sentence, stating it complied with the ruling set forth in
Apprendi v. New Jersey.
c. in essence, struck down Washington State’s sentencing guideline scheme.
d. held that Washington State’s sentencing guideline scheme was not implicated under
the facts of this case in that it dealt only with a maximum not a minimum sentence.
Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment
seizure.
a. True
b. False
According to the doctrine of jury nullification:
a. courts can overturn jury acquittals.
b. juries can acquit even if the evidence proves guilt.
c. juries cannot go against the weight of the evidence in criminal cases.
d. courts cannot interfere with a verdict of guilty.
_________ is when eyewitnesses are shown persons or objects and asked whether they
are involved in the crime.
a. Recall
b. Recognition
c. Suggestion
d. Retention
Internal review of police misconduct involves review:
a. of misconduct by civilians.
b. of misconduct by a special team of officers in the department.
c. by a special master appointed by the court.
d. by officers in another police department.
Psychological research shows that when the person administering an identification
procedure somehow confirms the witness’s pick, the comments:
a. have no impact on the witness’s confidence in their identification.
b. cause witness’s to question whether the administrator is trying to influence their
identification.
c. cause witness’s to have greater confidence in the accuracy of their identification.
d. cause witness’s to doubt their identification.
Stops and frisks are more invasive than arrest.
a. True
b. False
Civil actions by citizens against the government derive from all of the following except:
a. state tort law
b. federal statutes
c. penal codes
d. U.S. Constitution
In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court decided that
the:
a. arrest was reasonable because the offense was repeated and serious.
b. arrest was unreasonable because the offense was not serious.
c. decision to arrest should be left to officer discretion.
d. arrest was unreasonable since Atwater was not a flight risk.
According to the Supreme Court opinion in Illinois v. Wardlow, a person’s mere
presence in a high crime area can supply the objective basis needed for a stop.
a. True
b. False
In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force
by the police, the Supreme Court ruled that:
a. evidence seized from illegal use of deadly force is admissible in criminal cases.
b. apprehension by the use of deadly force is a seizure subject to the reasonableness
requirement of the Fourth Amendment and a police officer may not seize an unarmed,
non-dangerous suspect by shooting him dead.
c. evidence seized from illegal use of deadly force is not admissible in criminal cases.
d. the use of deadly for to prevent the escape of all felony suspect, whatever the
circumstances, in constitutionally unreasonable.
During the trial, defendants must either prove their innocence or raise a reasonable
doubt about the government’s case.
a. True
b. False
Jail detainees, not yet convicted of a crime:
a. cannot be searched until they are convicted.
b. have the same Fourth Amendment protections as people not charged with a crime
because they presumed innocent until proven guilty.
c. have the diminished Fourth Amendment rights and can be searched without probable
cause.
d. can be searched only if there is reasonable suspicion they are dangerous.
The _______approach was NOT an approach used by the U.S. Supreme Court in
analyzing interrogation and confession cases?
a. due process
b. right to counsel
c. self-incrimination
d. coercion
Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their
citizenship and immigration status:
a. violates the Fourth Amendment search and seizure requirements.
b. is not considered a seizure under the Fourth Amendment.
c. is considered a seizure under the Fourth Amendment but has been held to be
constitutional.
d. is considered a seizure only if officials detain the travelers for a significant amount of
time.
When a suspect asks for an attorney during custodial interrogation:
a. police can continue questioning while an attorney is summoned.
b. police can resume questioning after an attorney has been provided.
c. police must stop questioning until an attorney is present or the suspect initiates
further conversation with them.
d. police can never question the suspect again without an attorney being present.
Research about the effectiveness of civilian review boards shows that:
a. they are very effective in investigating police misconduct.
b. civilians are not well equipped to evaluate police misconduct.
c. it is difficult to measure their effectiveness.
d. most large cities do not use civilian review, therefore data is lacking.
A prosecutor’s appearance in court in support of an application for a search warrant is
protected by qualified immunity.
a. True
b. False
The two types of guilty pleas are the ___________plea and the ___________plea.
The need for prison and jail security permits searches without probable cause or a
warrant of:
a. prisoners and pretrial detainees.
b. prisoners, pretrial detainees, and visitors to the prison.
c. only prisoners.
d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Concerning arrests for minor crimes, the Supreme Court has decided to leave to police
discretion whether suspects ought to be searched incident to their arrest.
a. True
b. False
In Brigham City Utah v. Charles Stuart and Others(2006), involving police entering a
home without a warrant where teenagers were partying, drinking, and officers observed
an altercation occurring inside the home, the Supreme Court ruled that:
a. the officers’ entry of the home without a warrant violated the Fourth Amendment.
b. the officers had a right to enter without a warrant because they feared the teens would
flee from the house if they waited.
c. the officers had the right to enter without a warrant because they had an objectively
reasonable basis for believing someone in the home was seriously injured or being
threatened with imminent injury.
d. the officers should have called an ambulance and let the EMTs enter without a
warrant.
Acts committed during wartime that inflict needless suffering and damage when
pursuing a military objective are called ______.
A test in which the ________of _________is used to determine whether a consent to
search was obtained without coercion, deception or promises is the voluntariness test.
Why and when do police officers have to take arrested suspects to a magistrate?
Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment
searches.
Under the Constitution, public officials are required to have enough facts to back up
every invasion of privacy, liberty, and property of individuals. This is known as
a(n)___________.
Information known by police based on what they see, hear and smell is
_________information.
A procedure used for the identification of suspects in a crime whereby a suspect is
presented by himself alone to a witness for possible identification is known as a/an
__________.
Motions to throw out evidence obtained by the government during searches and
seizures, interrogation, and identification procedures are heard at a(n)
______________.
Suits under the Civil Rights Act are commonly called _________.
Secret ______ captures a record of all telephone numbers from a subscriber’s phone,
using pen registers and trap and trace devices.
Ordinary federal courts are also referred to as ____________courts.
The exception to the exclusionary rule which allows the admission of evidence if the
police reasonably and honestly relied on a search warrant valid on its face but defective
in fact is the ___________exception.
The ___________of 1996 substantially amends and narrows the federal habeas corpus
rights of both state and federal prisoners.
The constitutional provision governing most identification procedures is the _________
.
The _______of the person to be arrested must be listed on the arrest warrant.