The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality
is not liable for a Brady violation unless _____.
a. the prosecutor knowingly violated office policy
b. the District Attorney’s Office knowingly drafted a policy that violated Brady
c. there the individual defendant was clearly damaged in some way
d. there was a pattern of violations
The Wade-Gilbert cases held that a post-indictment pre-trial lineup is a “critical stage”
of a criminal prosecution that triggers the right to counsel. The logic of the Court in
reaching this conclusion was that the presence of the defense attorney will _____.
a. prevent suggestive techniques that could lead to wrongful convictions
b. allow the suspect to assert his or her right to not participate in the lineup
c. let the suspect control the process that are implemented by police
d. allow effective cross-examination of the witness during the lineup
Although there is inherent tension between the crime control and due process models,
_____.
a. criminal justice has consistently focused more on crime control
b. criminal justice has consistently focused more on due process
c. the relative emphasis on crime control or due process has shifted over time
d. activities during the 1960s caused a marked shift towards crime control
Probation officers need _____ that a probationer is engaged in criminal activity before
conducting a search of a probationer’s home.
a. a warrant based on probable cause
b. reasonable suspicion
c. probable cause
d. a warrant based on reasonable suspicion
Based on the California v. Acevedo decision, the scope of a warrantless search of an
automobile is defined by the _____.
a. nature of the container in which the contraband is secreted
b. object of the search and the places in which there is probable cause to believe that it
may be found
c. object of the search, but not by the places in which there is probable cause to believe
that it may be found
d. places in which there is probable cause to believe that the object may be found, but
not by the object of the search
Which statement about plea bargaining is true?
a. A plea agreement is not a contract.
b. If the defendant breaches a plea agreement, the prosecution can pursue charges, but
cannot pursue more serious charges than originally planned.
c. Very few cases are resolved through plea bargaining.
d. If the prosecution breaches a plea agreement, the defendant may be allowed to
withdraw a guilty plea.
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is often referred to
as the _____.
a. Digital Act
b. Wiretap Act
c. Electronics Act
d. Surveillance Act
An administrative search is an inspection of a home or business with the specific
purpose of determining compliance with various statutes and regulations.
a. True
b. False
A suspect has been injured while resisting arrest. Select the best strategy below for
officers to obtain a valid consent from the suspect?
a. Give him Miranda warnings.
b. Remove any restraints.
c. Just ask him, since the injuries were his fault and they have no bearing.
d. Advise him he does not have to consent.
A high school principal summons the police to be present when the locker of one of the
students is opened. The student was suspended for stealing from other students and the
principal wants to see if there is any stolen property in the locker. How should the
officer advise the principal?
a. to get permission from the student before opening it.
b. to get consent from the student’s parent’s.
c. to open the locker immediately, because no consent is needed.
d. to open the locker only if the principal has probable cause.
If evidence of criminal activity is discovered during the course of a valid administrative
search and the evidence is readily viewable by the inspector, the evidence _____.
a. cannot be seized even if a warrant is obtained
b. cannot be seized without first obtaining a warrant
c. may be immediately seized because probable cause is not necessary in an
administrative search
d. may be immediately seized under the plain view doctrine
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 refers to a “person
who was a party to any intercepted” wire or oral communication or “a person against
whom the interception was directed” as _____.
a. suspect
b. aggrieved
c. felonious
d. victimized
Police are in the initial stages of investigating a suspect for involvement in a criminal
offense. The suspect has not been indicted. Police arrange for a lineup, but don”t
provide counsel for the defendant. In the course of conducting the lineup, police
followed certain procedures that were highly suggestive to the witness called upon to
participate in the lineup. Given this scenario, _____.
a. no constitutional violation occurred
b. a Sixth Amendment violation occurred, because police failed to provide an attorney
c. a Fifth Amendment violation occurred, because of the suggestive nature of the
process
d. both Fifth and Sixth Amendment violations occurred
The issuance of a traffic citation alone is not a lawful custodial arrest sufficient to
justify a search incident to arrest.
a. True
b. False
Which of the following would constitute a seizure tantamount to arrest?
a. when a person is detained, however briefly, for any reason.
b. when a person is asked to appear at the station for questioning.
c. when a person is under the impression that they are under arrest.
d. when a person is involuntarily taken to the police station for questioning.
Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that
officers could seize non-threatening contraband, such as drugs, if its identity as
contraband is immediately apparent to the sense of touch. What is this exception more
commonly known as?
a. reasonable grasp motion.
b. plain touch exception.
c. plain view doctrine.
d. one-motion grasp exception.
He modern fresh pursuit doctrine allows an officer to pursue and arrest outside his
jurisdiction for which of the following? Select the most accurate option.
a. all offenses, felonies, misdemeanors and violations.
b. felonies.
c. felonies and misdemeanors.
d. felonies and breaches of the peace.
If a portion of a warrant is deficient with respect to the probable cause and particularity
requirements then the entire warrant will be judged to be constitutionally invalid.
a. True
b. False
If police require a person in custody to appear in a lineup over his objection, there is
_____.
a. no violation of any rights
b. a violation of Fourth Amendment right to privacy
c. a violation of Fifth Amendment privilege against self-incrimination
d. violation of both the Fourth and Fifth Amendments
The prosecutor attempting to introduce into court evidence obtained as a result of a
consent search must show beyond a reasonable doubt that the consent was voluntary.
a. True
b. False
The USA Patriot Act has broadened the government’s power to detain individuals
within the United States for long periods of time on apparently nothing more than
reasonable suspicion once such persons have been classified by the U.S. government as
an enemy combatant.
a. True
b. False
The decision in Illinois v. Gates (1983) completely overruled the Aguilar-Spinelli
criteria for establishing probable cause based on informant information .
a. True
b. False
In the case of Olmstead v. United States, the Court decided that the practice of
wiretapping was not covered by the Fourth Amendment, primarily because _____.
a. the person had no reasonable expectation of privacy in the home
b. the evidence was obtained only by hearing (and did not involve tangible items) so the
interception of a conversation could not qualify as a seizure
c. the Fourth Amendment protects people, but not places
d. there was no legitimate remedy for the alleged violation at the time, as the
exclusionary rule did not yet exist yet
The accused is placed in jeopardy (i.e., jeopardy attaches) when _____.
a. (s)he is indicted
b. (s)he is arraigned and enters a plea to the indictment
c. the jury is sworn or, in cases tried without a jury, when the judge begins hearing
testimony
d. the jury returns a verdict
A limited search of a person is most accurately described as a(n) ______.
a. seizure.
b. arrest.
c. frisk.
d. stop.
To properly apply the ‘special needs” doctrine, which circumstance must be present?
a. Probable cause must exist.
b. The search must not be undertaken with the goal of criminal prosecution.
c. A warrant must be issued authorizing the search.
d. There must be clear evidence of life and death circumstances.
The approach to sentencing that permits the judge to tailor the sentence to each
offender, with the goal of changing the offender’s behavior, is called determinate
sentencing.
a. True
b. False
Violations of Miranda rights produce fewer consequences compared to those that are
normally triggered by other violations of constitutional criminal procedure rights.
a. True
b. False
If officers make an arrest within a premises, they may make a protective sweep of other
rooms within the premises to search for an accomplice under what circumstance(s)?
a. without further justification.
b. with articulable facts on which to base reasonable suspicion that others may be
present.
c. with probable cause that others may be present.
d. never.
The _____ Amendment emphasizes that the Constitution did not intend, by expressly
guaranteeing certain rights of the people, to grant the government unlimited power to
invade other rights of the people.
a. Ninth
b. Third
c. Seventh
d. Tenth
Relate the Court’s decision in the Ferguson v. Charleston (2001) case. What was the
essential problem with the hospital’s policy?
Answer:Answers will vary.
Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court
(FISC).
Answer:Answers will vary.
A suspect brakes abruptly and pulls into a private driveway while extinguishing his
headlights before getting to a sobriety road check in order to avoid being questioned by
the police. These acts would best be described as ______________ gestures.
Describe the first stage of the memory acquisition, or encoding, process.
Answer:Answers will vary.
Compare and contrast direct evidence and circumstantial evidence. Provide an
illustration of how a single piece of evidence can be direct evidence in one instance and
circumstantial evidence in another instance.
Answer:Answers will vary.
Name at least three different scenarios that the courts have ruled that it is within the
authority of the police to impound a vehicle.
Answer:Answers will vary.
Describe the amount of force that law enforcement officers may use when searching a
person. In what way(s) is the common law definition of resisting arrest different from
the modern definition?
Answer:Answers will vary.
Name three mechanical aids or electrical devices that courts have ruled on for plain
view searches and what, if any, limitations are placed on those devices.
Answer:Answers will vary.
Not all drivers and passengers have an expectation of privacy in terms of the items
contained in a vehicle. Under the Fourth Amendment these vehicle occupants would be
said to lack __________ to challenge a particular vehicle search by police.
Courts treat abandoned garbage differently for Fourth Amendment purposes depending
on whether it is __________ the curtilage of a particular residence.
Provide at least two situations where a third-party may give consent to search property
even though they are not the person against whose interest the search is being
conducted.
Answer:Answers will vary.
In the case of __________, the court upheld Customs Service regulations requiring
employees seeking transfers or promotions to certain sensitive positions within the
agency to submit to urinalysis testing .
Compare and contrast a fresh pursuit and a hot pursuit. Give examples.
Answer:Answers will vary.
Name two indicators of criminal activity that alone support probable cause. Compare
and contrast these two indicators of criminal activity with some other indicators that,
taken alone, do not support probable cause.
Answer:Answers will vary.
List a minimum of three forms of wiretaps. Describe each.
Answer:Answers will vary.
Fire investigations often require both __________ searches and __________ searches
because they serve several different purposes and present varying degrees of
emergency.