In California v. Acevedo (1991), the Court ruled that officers with probable cause but
without warrants can search containers inside vehicles:
a. never ” this is not permissible.
b. only with apparent authority consent.
c. only with actual authority consent.
d. if the container isn”t an essential part of the vehicle.
The test for allowing a defendant to be jailed prior to trial is based on:
a. Clear and convincing evidence that the defendant either won”t appear or is a threat to
public safety.
b. If the victim has received death threats.
c. If the offense is a misdemeanor.
d. Only prior criminal history.
Who can military commissions try?
a. Any terrorist offenses
b. Noncitizens
c. Citizens
d. U.S. military personnel
A defendant’s motion to change venue does not waive the right to be tried in the state
and district where the crime was located.
a. True
b. False
In Graham v. O”Connor(1989), involving the arrest of a diabetic who was suffering
from an insulin reaction, the Supreme Court indicated that:
a. the use of excessive, non-deadly force in making arrests is not covered by the
Constitution.
b. the reasonableness of a particular use of force must be judged based on the benefit of
hindsight.
c. the question in excessive force cases is whether an officer’s actions are objectively
reasonable in light of the facts and circumstances confronting them, without regard to
his underlying intent.
d. asking whether an officer’s actions were “malicious and sadistic” is an important
inquiry.
What did the court rule regarding the reasonableness of drug testing?
a. Drug testing is reasonable only when one has given consent, and not under and other
circumstances.
b. Drug testing is reasonable because of the random nature of testing and the special
need of the government to protect public safety, which outweighs the minimal invasion
of privacy.
c. Drug testing is no longer allowed and is a direct violation of the Fourth Amendment.
d. Drug testing is only allowed in those circumstances where the employee consents to
submit to the specific tests of his/her urine, not of a random sampling of all employees.
Under the doctrine of respondeat superior, state and local governments and their
agencies are liable for their employees’ torts if the employee committed the tort during
the course of their employment.
a. True
b. False
The jury selection system that relies on recommendations from civic and political
leaders is called the _____________system.
a. fair-cross section
b. random selection
c. impartial jury selection
d. key-man
With regard to border searches, the U.S. Supreme Court has found that:
a. any kind of border search can be made without any justification whatsoever.
b. strip searches must be justified by probable cause.
c. body cavity searches are never justified.
d. the national interest in controlling the nation’s borders outweighs the invasion of
privacy caused by routine border searches.
The government is allowed access to voice mail and email communications under:
a. The Patriot Act.
b. The Crime Control and Safe Streets Act.
c. The Federal Intelligence Surveillance Act.
d. The Terrorist Surveillance Act.
The countervailing law enforcement interests against “noknock” entry requirements
identified by Justice Thomas in Wilson v. Arkansasinclude:
a. safety of officers and escape of the prisoner.
b. safety of officers and safety of occupants.
c. safety of occupants and destruction of evidence.
d. safety of officer, escape of the prisoner, and destruction of evidence.
Ordering a suspect to speak so that a witness may try to identify the suspect’s voice is
covered by the Fifth Amendment self-incrimination clause.
a. True
b. False
In Hurtado v. California (1884), involving the murder by Hurtado of his wife’s lover,
the Supreme Court ruled that the Fourteenth Amendment due process clause:
a. requires jury trials in all state courts.
b. requires states to provide a grand jury indictment in capital cases.
c. does not forbid states to use the death penalty because it does not define defendants
of a “fundamental right” in capital cases.
d. does not require states to provide a grand jury indictment in capital cases.
Judgments made by professionals based on their training and experience and unwritten
rules are known as:
a. formal decision making.
b. discretionary decision making.
c. applying the written rules in a flexible manner.
d. official discretion.
Prior to 1971, individuals were banned from suing _________for violations of their
constitutional rights, but that changed in Bivens v. Six Unnamed FBI Agents (1971).
a. the superiors of law enforcement officers
b. individual law enforcement officers
c. the government units in charge of officers and departments
d. law enforcement agencies
Urine testing of government employees for the presence of drugs is a search under the
Fourth Amendment.
a. True
b. False
When an officer makes an arrest, what can be legally searched incident to that arrest?
a. Any areas the suspect had frequented within the past 12 hours.
b. The suspect and the contents of his/her pockets.
c. Any surrounding vehicle, even if the suspect was not sitting in at the time of arrest.
d. The suspect’s person and the contents of the grabbable area.
The Fifth Amendment approach to confession applies:
a. after grand jury indictment.
b. after formal charges are filed against a person.
c. whenever a person is questioned by police about a crime.
d. only when the person being questioned is in custody.
The due process revolution occurred:
a. during the 16th and 17th centuries.
b. between 1781 and 1900.
c. in the new era of crime control between 1900 and 1960.
d. between 1960 and 1969.
Who determines the ultimate legitimacy of a request for an arrest warrant?
a. A neutral magistrate
b. The officer making the arrest
c. The chief of police
d. The district attorney
Which of the following best describes the purpose of opening statements?
a. Outline the case the two sides hope to prove.
b. They are intended to prove the government’s case.
c. Must prove the defendant’s theory of the case.
d. May include references to evidence that the lawyer making the opening statement
knows is probably inadmissible.
Joan Smith is entering the United States at the Canadian border. Officers have
reasonable suspicion to believe she is smuggling drugs. Which of the following
searches of Joan may the officers lawfully conduct?
a. Routine border search, a strip search of her person, a search of her handbag, and a
body cavity search.
b. Only a routine border search and a search of her handbag.
c. Routine border search, a strip search of her person, and a search of her handbag.
d. Only a routine border search.
The First World War and the rise of fascism:
a. gave rise to a stronger faith in government in America.
b. had little or no effect on American criminal procedure.
c. led to calls for the abolition of the Fourteenth Amendment.
d. revived traditional American fears of arbitrary government.
The criminal process is a blend of the formal law of criminal procedure and the
informal influences that enter the process by way of discretion.
a. True
b. False
Which of the following is NOT an exception to the warrant requirement approved by
the U.S. Supreme Court?
a. Informant tip based search
b. Consent search
c. Container search
d. Vehicle search
Police ordinarily seek consent to search:
a. when they do not have probable cause and cannot get a warrant.
b. after a judge has refused to issue a warrant.
c. when they think the person is intoxicated.
d. when they are dealing with teenagers.
The Patriot Act expanded the permitted use of pen registers.
a. True
b. False
The prohibition against double jeopardy prohibits all of the below, except:
a. a second prosecution for the same offense after conviction.
b. multiple punishments for the same offense.
c. a second prosecution for the same offense after acquittal.
d. multiple punishments for multiple crimes stemming from the same act(s).
According to the Supreme Court in North Carolina v. Alford, regarding a plea of guilty:
a. defendants’ plea of guilty when they believe they are innocent can never constitute a
voluntary guilty plea.
b. the only constitutional requirement is that the plea be voluntary.
c. guilty pleas must consist of both a waiver of trial and an express admission of guilt.
d. to pass constitutional muster, guilty pleas must be voluntary and intelligent.
The police have heard vague rumors of unknown reliability that Smith is growing
marijuana in a field on his farm. The field is not visible from Smith’s house or from any
public road. To reach the field, the police climb over a fence with “No Trespassing”
signs on it. They find marijuana growing in a field on Smith’s farm. They had no search
warrant. This search is constitutional under the open fields doctrine.
a. True
b. False
Which case linked the Fifth and Sixth Amendments (self-incrimination and right to
counsel)?
a. Escobedo v Illinois
b. Mapp v Ohio
c. Terry v Ohio
d. Miranda v Arizona
The balance between society and individual and between ends and means is tested most
seriously:
a. during wartime.
b. during depression.
c. during natural disasters.
d. during civil rights movements.
A jury that cannot reach a verdict after lengthy deliberations is a/an ___________jury.
Interrogation that takes place after the police take suspects into custody is known as
___________.
Searches of persons and property at the border of the United States to control who and
what comes in and goes out are know as ________searches.
Describe and explain the significance of the U.S. Supreme Court decision Batson v.
Kentucky(1986).
Why is there no reasonable expectation of privacy in open fields? Why does the open
fields doctrine apply even when owners post a “No Trespassing” sign?
The process of informal decision making by professionals based on their training and
experience, rather than written rules, is called ______ ________ ________.
Explain five exceptions to the exclusionary rule.
Challenges to a prospective juror based on the showing that allowing the juror to serve
would deny either side a fair trial are called ______________.
________false confessions occur when vulnerable suspects confess under highly
suggestive interrogation methods in order to end them, and come to believe they
actually committed the crime.
When individual government employees are immune for their actions, criminal justice
agencies can likewise escape liability under _________.
The principle by which the government stands in the place of parents is
__________________.
According to eyewitness expert Elizabeth Loftus, _______shapes what a witness will
remember and recall during the identification process.
Compare the definition of reasonable suspicion with probable cause. What two interests
does probable cause balance?
Parole boards and prison administrators determine the exact release date within
sentences prescribed by judges and legislatures in the __________model.
A witness’s identification is susceptible to ________, a powerful contributor to
mistaken identity during memory retrieval.
Review of complaints against police officers by participants who themselves are not
police officers is called ________.
The right against cruel and unusual punishment is guaranteed by the
______Amendment.
Identify the two conditions that can turn an encounter with the police into a Fourth
Amendment seizure.
Identify two elements plaintiffs in 1983 actions against state and local law enforcement
officers have to prove. Identify and describe two limits placed by the U.S. Supreme
Court in 1983 actions against state and local officers.
Devices used to record outgoing telephone numbers for a particular telephone are called
_________.