The right against unreasonable searches and seizures is limited to criminal suspects.
a. True
b. False
Which of the following is TRUE regarding the knock-and-announce exception?
a. This exception permits the admission of evidence seized during searches of homes,
even when officers violate the knock-and-announce rule.
b. Evidence seized during searches of homes wherein the officers violated the
knock-and-announce rule can be excluded from trial, but only at the discretion of the
prosecutor.
c. Evidence seized during searches of homes wherein the officers violated the
knock-and-announce rule is automatically excluded from trial.
d. Evidence seized during searches of homes wherein the officers violated the
knock-and-announce rule is excluded from trial if a judge determines
knock-and-announce was violated through a special suppression hearing.
Most misdemeanor offenders are issued a(n) _______, but can be arrested under certain
circumstances.
a. citation
b. indictment
c. writ of appearance
d. injunction
The major objection to internal review of police misconduct is:
a. police officers do not trust the officers conducting the investigation of misconduct.
b. a police department has to divert resources away from fighting crime.
c. the police should not be policing themselves.
d. external review is less expensive and better received by the media.
The U.S. Attorney General must take into custody and detain during removal
proceedings any alien who has committed certain detailed criminal offenses according
to:
a. the Illegal Immigration Reform and Immigrant Responsibility Act.
b. the Immigration Act.
c. a recent presidential Executive Order.
d. the Supreme Court’s decision in U.S. v. Martinez-Fuerte.
Historically, the English King was able to employ Writs of Certiorari to arbitrarily
search private citizens anywhere and at any time.
a. True
b. False
According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a
pretrial detention center or jail:
a. due process entitles all persons not convicted of crimes a single cell.
b. strip searches violate the constitutional rights of persons not yet convicted of crimes.
c. double bunking amount to unconstitutional punishment.
d. prison administrators should be accorded wide ranging deference in the adoption of
jail policies.
The Patriot Act significantly expanded government surveillance power beyond the
Crime Control and Safe Streets Act.
a. True
b. False
In the current debate about how to try foreign terrorist suspects:
a. the “terrorism as war” advocates support the use of federal courts.
b. the “terrorism as crime” advocates support the use of federal courts.
c. the “terrorism as crime” advocates support the use of military commissions.
d. there is no middle course ” it’s an either/or decision.
The plain view doctrine does not allow the use of ordinary technological enhancements
that are widely available, i.e. flashlights or magnifying glasses.
a. True
b. False
It has been is the national policy of the U.S. for many years to limit immigration into
the country.
a. True
b. False
U.S. v Leon (1984) created the:
a. good faith exception.
b. knock-and-announce rule.
c. exclusionary rule.
d. distinction between good evidence and bad evidence.
A brief description of the steps and judgments made by each court that has heard a case
is called the:
a. courts’ judgments.
b. courts’ decisions.
c. courts’ opinions.
d. procedural history of the case.
Failure to recall a detail about a crime or recognize the perpetrator is considered:
a. an error of commission.
b. faulty acquisition.
c. an error of omission.
d. retention failure.
The Supreme Court in Rochin v. California, involving police officers who forced a
stomach pumping in order to retrieve swallowed narcotics, held that the:
a. Fifth Amendment applies to the states.
b. Fourth Amendment applies to the states.
c. Fifth Amendment due process clause does not apply to the states.
d. police conduct shocked the conscience and violated due process.
In U.S. v. Wade (1967), it was found that the law enforcement had violated the
defendant’s Sixth Amendment rights for what reason?
a. DNA samples were taken without consent from his attorney.
b. He was placed in a lineup after being indicted without counsel present.
c. There was insufficient clarity in a photograph used to identify him in a photo array.
d. Eyewitnesses were encouraged by police officers to select him from a line-up.
In Graham v Conner (1989), Graham was a diabetic who was essentially stopped and
arrested after police thought something was wrong when Graham left a convenience
store abruptly. As it turned out, he was trying to find some sugar for his diabetic
condition, but the line was too long, so he left. Appearing drunk (due to the
hypoglycemic condition), he was arrested and denied sugar or orange juice, and was
basically “roughed up” by the police. The court said:
a. The use of force was not excessive and upheld the conviction for being drunk in
public.
b. The police were justified in using force but should have given him the juice.
However, the conviction stood.
c. The use of force was excessive and the case was remanded back to the lower court.
d. The police were justified in “roughing up” Graham and denying him any sugar or
orange juice because it would have been “unreasonable” for the police to stop in the
middle of an arrest and get him relief.
Which are examples of total war?
a. The Vietnam War and World War II
b. World War I and the Korean War
c. The Vietnam War and the Korean War
d. World War I and World War II
The current test used to evaluate the effectiveness of counsel only requires a defendant
to show that their attorney’s performance was not reasonably competent.
a. True
b. False
The “functional equivalent of a question test” was developed in what Supreme Court
decision?
a. Rhode Island v. Innis
b. Escobedo v. Illinois
c. Brewer v. Williams
d. Miranda v. Arizona
The Fifth Amendment requires that juries represent a fair cross section of the
community.
a. True
b. False
According to the Supreme Court in U.S. v. Montoya de Hernandez, involving a
detention at the border for drug investigation:
a. even routine customs searches at the border require reasonable suspicion.
b. any detention at the border that lasts more than 15 minutes is unreasonable.
c. detention beyond the scope of a routine customs search and inspection is always
unreasonable.
d. the Fourth Amendment’s balance of reasonableness is qualitatively different at
the international border than in the interior of the country.
The balance between result and process never rests at a point that satisfies everyone.
a. True
b. False
In re National Security Letter (2013) involved a San Francisco U.S. District Court
which held that:
a. an NSL cannot be used for internet providers.
b. issuing an NSL did not violate the First Amendment.
c. the First Amendment is not an issue with regard to NSLs.
d. issuing an NSL violated the First Amendment.
In Manson v. Braithwaite (1977), for determining the admissibility of witness
identification, the majority of the Supreme Court endorsed what became known as the:
a. per seapproach.
b. blind administration test.
c. the totality of the circumstances approach.
d. the better use approach.
Since stops and frisks take place in public, they may shape the public view of police
power more than more intrusive invasions such as arrest and searches that take place
out of sight.
a. True
b. False
The U.S. Supreme Court created the two-prong evaluation of privacy expectations in
Katz v. U.S. (1967).
a. True
b. False
The following are all examples of emergency search situations EXCEPT:
a. following a suspect they are chasing into a home.
b. searching crates off a boat after the police have received word that a shipment of
drugs will be contained in the crates.
c. entering and searching a house when police have received a call for help from
someone in the house.
d. entering a house on fire to search for anyone potentially inside.
In Knowles v. Iowa, concerning an instance where a driver had been given a citation for
speeding but had not been arrested, the Supreme Court:
a. said that the officer issuing the citation could still do a search incident to arrest.
b. believed that the same concern for officer safety that was present in a full custodial
arrest situation was present in every traffic stop.
c. said that police could not automatically do a search incident to arrest when only a
citation is given the driver, as opposed to when an arrest occurs.
d. said the police could automatically do a search incident of the driver’s person, but not
of the vehicle.
A majority of the U.S. Supreme Court Justices agree that the principle of
proportionality applies to:
a. death sentences.
b. sentences leading to imprisonment.
c. death sentences and sentences leading to imprisonment.
d. sentencing leading to imprisonment and probation.