Which of the following is not a part of the Miranda warning?
a. You have the right to remain silent.
b. If you cannot afford a lawyer, one will be appointed for you without cost.
c. You may stop answering questions at any time you choose.
d. Anything you say can and will be used against you in court.
One way courts have determined reasonableness is the bright line approach, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
In United States v. Lopez (1995), the U.S. Supreme Court:
a. affirmed the constitutionality of the Gun-Free School Zones Act.
b. struck down the Gun-Free School Zones Act as being unrelated to interstate
commerce and, therefore, unconstitutional.
c. upheld a municipal ordinance banning all handguns, shotguns with barrels less than
18 inches and guns firing more than eight shots in repetition.
d. struck down a municipal ordinance banning all handguns, shotguns with barrels less
than 18 inches and guns firing more than eight shots in repetition.
As a result of the Boston Tea Party, British Parliament restricted town meetings in
American colonies to one a year and required British troops to be housed in private
homes.
a. True
b. False
The Supreme Court held that denying legal counsel for a defendant at trial in a capital
case was a denial of due process in:
a. Barker v. Wingo
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
In Barnes v. Glen Theater, it was found that nude dancing
a. enjoyed some First Amendment protection.
b. laws were subject to a strict scrutiny test.
c. had no First Amendment protections.
d. constituted obscenity.
When the police use purposeful yet covert methods to secure incriminating statements,
they are engaged in
a. deliberate elicitation.
b. jury selection.
c. inevitable discovery.
d. fruit of the poisonous tree efforts.
The process by which a bail bond provider post a bond for upward of 10% of the bail
amount with the court, to be paid if the defendant fails to appear, is called commercial
bail.
a. True
b. False
Strict construction refers to:
a. a justice expressing hostility or anger in an opinion.
b. a rigid reading and interpretation of a law.
c. the manner in which our legal system was designed and developed.
d. a lenient means of interpreting the law.
The Supreme Court held that “In terms that apply equally to seizures of property and to
seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the
house…Absent exigent circumstances, that threshold may not reasonably be crossed
without a warrant” in:
a. Payton v. New York
b. Illinois v. Wardlow
c. United States v. Watson
d. Tennessee v. Garner
Pluralism refers to:
a. a society in which numerous distinct ethnic, religious or cultural groups coexist
within one nation, each contributing to the society as a whole.
b. the combination of constitutional, statutory and common law.
c. a single act being classified as both a crime and a tort.
d. a society in which numerous distinct ethnic, religious or cultural groups maintain
their individual beliefs and form of government.
The Fifth Amendment privilege against self-incrimination comes into play:
a. whenever a law enforcement officer questions a suspect, whether in custody or not.
b. only during custodial interrogation.
c. only at trial.
d. whenever incriminating information is being communicated.
If police officers make a stop for a traffic violation and are reasonably suspicious that
the situation is dangerous, they:
a. can order driver and passenger(s) out of the car, but not frisk them.
b. cannot order driver or passenger(s) out of the car or frisk them.
c. can order driver and passenger(s) out of the car and frisk them.
d. can order driver and passenger(s) out of the car; can frisk driver, but not passengers.
The Tenth Amendment embodies the principle of federalism.
a. True
b. False
The Law Enforcement Officers Safety Act of 2004, which allows off-duty officers and
retired officers to carry concealed weapons throughout the country:
a. was ruled unconstitutional in U.S. v. Miller.
b. was strongly supported by the International Association of Chiefs of Police.
c. was strongly opposed by the International Association of Chiefs of Police.
d. provides for nationwide standards of use-of-force and firearms training.
Since the origin of the Supreme Court, justices have served.
a. nearly 40
b. between 60 and 65
c. more than 100
d. nearly 210
The powers kept by the states under the Tenth Amendment are known as:
a. delegated powers
b. reserve powers
c. primary powers
d. secondary powers
Relationships where third-party consent to search is allowed include all except:
a. parent/child.
b. employer/employee.
c. landlord/tenant.
d. host/guest.
Due process procedural safeguards can be found in both the Fifth and 14th
Amendments.
a. True
b. False
A suspect who has invoked only his right to silence cannot be re-approached to seek a
waiver on a different case.
a. True
b. False
It is the Supreme Court’s responsibility to monitor government infringement on civil
rights according to the doctrine of:
a. strict construction
b. judicial restraint
c. judicial review
d. natural law
No Miranda warning is required if there is no seizure of the person as long as the police
do not:
a. convey the message that compliance is required.
b. secretly intend to arrest the person at a later time.
c. ask the person any incriminating questions.
d. let the person voluntarily come to the police station.
Griswold v. Connecticut is considered the first case in which the Supreme Court
addressed the Ninth Amendment, and dealt with the legality of :
a. pornography
b. abortion
c. interracial marriage
d. contraception
The principle that looks at all available information to assess whether the sum total
would lead a reasonable person to believe what the officers concluded is the:
a. bright line approach
b. totality of the circumstances
c. individual circumstances
d. overall assessment
The precedent for warrantless searches of vehicles came from:
a. Carroll v. United States.
b. Chambers v. Maroney.
c. Robbins v. California.
d. South Dakota v. Opperman.
One Sixth Amendment guarantee is:
a. the defendant’s right to confront adverse witnesses.
b. having all court proceedings on the record.
c. having an independent investigation.
d. indictment by a grand jury.
The Supreme Court ruled that Miranda rights are not inadequate simply because of the
order in which they are given in the case of
a. Miranda v. Arizona
b. Brown v. Mississippi
c. Edwards v. Boxly
d. California v. Prysock
Which of the following amendments has most recently been held applicable to the
states?
a. Second Amendment right to bear arms.
b. Fifth Amendment guarantee of criminal prosecution only on a grand jury indictment.
c. Seventh Amendment guarantee of a jury trial in a civil case.
d. Fourth Amendment right against unreasonable searches and seizures.
Hudson v. Michigan held that a violation of the warrant knock-and-announce rule,
a. shifts the burden of proof to the district attorney at trial.
b. invokes the exclusionary rule.
c. requires the defense to stipulate to the evidence at trial.
d. does not automatically invoke the exclusionary rule.
Most states will not consider the death sentence for anyone younger than
a. 15 years of age.
b. 16 years of age.
c. 17 years of age.
d. 18 years of age.
The two main functions of the courts are to:
a. determine guilt or innocence and interpret laws
b. settle controversies and review cases for legal improprieties.
c. settle controversies and decide the rules of law that apply in the case.
d. determine guilt or innocence and apply appropriate sanctions.
The Supreme Court ruled that unannounced cell searches or shakedowns did not require
warrants, did not violate inmates’ Fourth Amendment rights, and were justified by the
need to maintain order in:
a. Morrissey v. Brewer
b. Bell v. Wolfish
c. Gideon v. Wainwright
d. Griffin v. Wisconsin
According to the Eighth Amendment, bail shall not be __________.
Similarly situated people are treated in similar ways under the law under
________________.
Police may arrest for an unwitnessed felony based on _______________.
The Supreme Court has jurisdiction in cases dealing with foreign dignitaries or cases
involving legal disputes between __________.
Explain when vehicles may be stopped and what officers can and cannot do
Should a person’s race, religion, or ethnicity ever be used as a basis for law enforcement
action? Why or why not?
Evidence seized in violation of a person’s constitutional rights is prevented from being
admitted into court by the ____________.
List three fundamental constitutional rules for searches and discuss their importance.
The Constitution does not provide an absolute right to be free from government
intrusion, but only__________________.
You are a police officer trying to find a kidnap victim who has a health problem that
requires medical treatment in the next six hours in order for him to survive. You have
located an individual who has admitted to kidnapping the victim, but refuses to provide
further information. Your partner says that you should leave the interview room and he
will “encourage” the suspect to talk. You know that your partner is trying to protect you
from an allegation of violating the suspect’s rights when he uses force and threats to
compel the information from the suspect. You also know that without this action it is
likely you will not find the kidnap victim in time. What do you do? Does your course of
action conform with the law? Why or why not?
What is the community caretaking doctrine?
A _________is a set ending time for legislation that is not renewed, which is how the
assault weapon ban in the Violent Crime Control and Law Enforcement Act of 1994
expired.
In determining when speech should not be protected, the courts replaced the clear and
present danger test with the __________test.
A citizen was killed with three shots fired by a police officer, who was investigating a
break-in at the scene of the shooting. The deceased was actually the homeowner who
had called the police in the first place. The police officer is quite distraught. Relate the
story from the responding police officer’s perspective that would provide sufficient facts
to justify the killing.
Property connected with illegal activity may be forfeited when used as a________to
transport illicit drugs.
The constitutionality of prison regulations that restrict prisoners’ First Amendment
rights are judged by using a ___________test.
Freedom of speech is subject to the legal standard of ______ in which the state must
establish it has a compelling government interest that justifies the law impacting it.