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Which of the following would be considered a violation of a subject's reasonable
expectation of privacy, requiring a warrant?
a. Police put a "beeper" on a vehicle to monitor its location.
b. Undercover officer converses with suspects and uses information in court.
c. Taking photographs of curtilage from an aircraft.
d. Placing listening device in public telephone booth to monitor conversations.
The primary reason some states were reluctant to accept the Constitution was:
a. It failed to establish a balance of power.
b. It failed to abolish slavery.
c. It did not contain a bill of rights.
d. It did not allow smaller states adequate representation in the national government.
You are the on-duty desk sergeant. A man walks in and says "I killed someone and want
to confess." You grab your digital voice recorder and direct the man to a chair at your
desk. He sits down and tells the tale of what turns out to be a first-degree murder. You
record every word, including the numerous instances in which you said "Uh huh" and "I
see." Satisfied that the subject did, indeed, commit a murder, you place him under
arrest. The confession is:
a. inadmissible because recording it was a violation of the subject's reasonable
expectation of privacy.
b. inadmissible because the subject was in a coercive environment (police station), was
therefore in custody for purposes of Miranda, and the encouragement to continue was
interrogation.
c. admissible under the "public safety" exception to Miranda as the subject was a
danger to the officer and public.
d. admissible as a voluntary statement when the subject was neither in custody nor
interrogated for purposes of Miranda.
The case of Texas v. Johnson found that _________was protected speech.
a. burning the United States flag
b. burning a cross
c. burning a draft card
d. shouting at a judge
Rights and privileges are both legally protected.
a. True
b. False
The Fourteenth Amendment:
a. guarantees equal protection of the laws.
b. abolished slavery.
c. allows free travel throughout the nation.
d. granted the right to vote to freed male slaves.
"Due process of law" means:
a. all state citizens have the right to a grand jury indictment.
b. fairness of government actions.
c. states must treat all citizens equally.
d. federal law cannot usurp state rights.
A person might waive their right to a jury trial and select having the case heard before
only a judge without a jury.
a. True
b. False
Judicial review refers to:
a. a quarterly review of the Supreme Court by Congress.
b. the rating system that allows American citizens to express their level of satisfaction
regarding Supreme Court rulings.
c. the methodology used by a president in selecting a justice for appointment to the
Supreme Court.
d. the power of the Supreme Court to analyze the constitutionality of decisions of other
government entities and lower courts.
The amount of bail must be an amount the accused can afford to pay.
a. True
b. False
Searches at international borders:
a. must be based on reasonable suspicion.
b. must be based on probable cause.
c. may be conducted without probable cause or a warrant.
d. must be conducted randomly.
The caseload of the Supreme Court has increased rapidly in recent years with the
current workload exceeding _______ cases per term.
a. 10,000
b. 1000
c. 500
d. 350
The Fourth Amendment forbids reasonable searches and seizures and requires that any
search or arrest warrant be based on probable cause.
a. True
b. False
The number of U.S. Courts of Appeals in the federal court system is:
a. 4
b. 12
c. 52
d. 94
Courts have used all of the following in assessing what constitutes cruel and unusual
punishment, except whether the punishment:
a. "shocks the general conscience" of a civilized society.
b. is specifically prohibited in the Eighth Amendment.
c. is unnecessarily cruel.
d. goes beyond legitimate penal aims.
Of the cases put before the Court, it accepts for review about:
a. 1%
b. 10%
c. 50%
d. 85%
The Constitution and Bill of Rights are housed at:
a. the Smithsonian museum.
b. the National Archives.
c. the White House.
d. the Supreme Court Building.
In 2012, a group accused of killing two people was planning to poison the apple crop of
Washington State, attacking a damn and assassinating the President before their arrests.
These people were tied to:
a. a Muslim terrorist group.
b. Al Quada.
c. the Branch Davidians.
d. a Georgia antigovernment militia.
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at
___________in which the sentence has been deferred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
d. inmate grievance boards
The Wade-Gilbert Rule requires that a lawyer be present during:
a. post-indictment lineups.
b. the arraignment.
c. the preliminary hearing.
d. pre-indictment lineups.
The Constitution directs that the president of the United States shall nominate a judge
for appointment to the Supreme Court, which the ________must confirm.
a. the Senate
b. the House of Representatives
c. the American Bar Association
d. all of the above
Constitutionalism is one of the most original, distinctive contributions of the American
system of government.
a. True
b. False
It is not against due process to pump the stomach of a suspect against their consent to
obtain evidence, because the individual is not being interrogated.
a. True
b. False
In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights
guarantees--such as those contained in the Third, Fourth, and Fifth
Amendments--created areas of life safe from government intrusion known as:
a. emanating liberties
b. specific rights
c. zones of privacy
d. havens of liberty
To obtain an electronic surveillance warrant, or wiretap order, probable cause that a
person is engaging in particular communications must be established by the court and
_____________must have already been tried.
a. random interception of communications
b. normal investigative procedures
c. an attempt to obtain oneparty's consent
d. a trap and trace device
The Constitution guarantees the right to bail, as well as prohibits excessive bail.
a. True
b. False
Which of the following is not a "critical stage" requiring the Sixth Amendment right to
counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications.
d. Investigation prior to suspect being charged.
Which of the following would not violate the right against double jeopardy?
a. A second prosecution for the same offense after acquittal.
b. More than one punishment for the same offense.
c. Independent trials for an offense in both state and federal courts.
d. Lesser-included offenses tried after initial trial.
Which of the following, by itself, can be used as reasonable suspicion to conduct a
stop?
a. anonymous tip
b. flight from police
c. general suspicion
d. existence of a wanted poster
When a person on the witness stand "pleads the Fifth," they are asserting their right
against selfincrimination.
a. True
b. False
The Supreme Court established its authority as the final interpreter of the Constitution
in the case of:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
A private party can be considered a government agent covered by the Fourth
Amendment if those of the search and asks the private party to conduct the search.
a. True
b. False
In order for a confession to be admissible it must be:
a. voluntary.
b. true.
c. independently corroborated.
d. in writing.
A "soft" Miranda warning recited less harshly and directly than is imprinted on most
Miranda cards is permissible if all four warnings are adequately conveyed to the
suspect.
a. True
b. False
Escobedo v. Illinois (1964) held that:
a. no Miranda warning is required during a stop and frisk.
b. Miranda does not need to be given by private police.
c. an individual being investigated by police may not be denied counsel.
d. indigent defendants are entitled to a lawyer when seeking an appeal.
Is there such a thing as reverse discrimination? If so, is it really necessary?
The Religious Freedom Restoration Act of 1993 was declared ________by the Supreme
Court.
In civil lawsuits, punitive damages are designed to punish a wrongdoer and act as a
warning to others not to engage in similar conduct. For example, an individual might
suffer $10,000 in compensatory damages because of lost wages or medical expenses,
but the jury could award $1 million to punish the defendant over and above
compensatory damages. The Eighth Amendment prohibits punishment by excessive
fines in criminal cases, but not in civil cases involving punitive damages. Therefore, the
$1 million judgment in the civil suit would, if imposed as a fine by a judge or jury in a
criminal court, likely violate the Eighth Amendment. Do you think this distinction is a
relevant one? Why should punishment by the government be considered different than
punishment by an individual?
Statements are not admissible in court if obtained without Miranda rights during
custodial __________.
The current Supreme Court is considered by many to be _________ .
Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004.
What are some concerns about the legislation?
Stare decisis is a common law doctrine requiring that _____ set in one case shall be
followed in all cases having the same or similar circumstances.
The ________is the belief that through hard work anyone can have success and ample
material possessions.
Some advocate that judges, even those on the United States Supreme Court, should be
strict constructionist's meaning a rigid reading and interpretation of the law. Take an
opposing view and justify your answer.
Opponents of judicial review contend that judges have too much power, while
supporters believe there must be some watchdog to maintain the constitutionality of
law. Which position do you most agree with? Justify your answer and give examples of
recent cases or controversies that support your view.
Police officers can legally tell and impound vehicles for many reasons, including
vehicles involved in accidents, parked in a tow-away zone, or abandoned on the
highway. When the police impound a vehicle for legitimate reason, they may lawfully
conduct an inventory search. Assume a police officer lacks probable cause but has a
"gut feeling" that a known malcontent from the community has marijuana in the trunk
of his car. The police officer follows the malcontent until she fails to stop completely at
a stop sign. The police officer pulls over at the malcontent and, after asking for license
and registration, finds out (as she already suspected) that the malcontent has a
suspended license. The police officer arrests the malcontent and puts her in the backseat
of her police car. She then calls the local tow company to impound the vehicle for the
owner's safety. The police officer is then happy to hear that during a normal inventory
inspection of the vehicle, marijuana is found and she promptly informs the district
attorney's office. If the police officer has done nothing that violates the law or the
Fourth Amendment, can you articulate an argument that challenges what the police
officer did?
A ________is a brief detention of a person based on specific and articulable facts for
the purpose of investigating suspicious activity.
The justices not only render decisions, they also __________the Constitution.
Police officers are allowed, without reasonable suspicion of any criminal acts, to
approach and detain citizens for _____________purposes.
The amount seized through asset forfeiture must bear some relation to the__________of
the illegal enterprise.
The Supreme Court has molded law enforcement from a job with complete discretion to
one that is highly standardized with virtually every action officers take today subject to
specific Supreme Court decisions. Is this a good thing for law enforcement? Why or
why not?
The 18th Amendment, passed in 1919, prohibited the sale and purchase of intoxicating
liquors. The 21st Amendment was ratified in 1933 and repealed the 18th Amendment
(Prohibition). Does this show that the constitutional amendment process is dangerous
and subject to capricious amendments based on flawed or opportunistic do- gooders?
When a reasonable person believes he or she is not free to leave, a(n) ________has
occurred.
