Most cases demand that arrest warrants identify the person to be arrested:
a. with absolute certainty.
b. in sufficient detail so that it leaves nothing to the discretion of the arresting officer.
c. with reasonable certainty.
d. by name.
A search warrant must specifically identify “the things to be seized.” This particularity
requirement may not be met by specifying an entire class of items.
a. True
b. False
Which of the following is an exception to enter a home without a warrant?
a. Exigent circumstances
b. The smell of drugs
c. A tip from a neighbor
d. A tip from an informant
A military commission is composed of:
a. a panel of civilian judges who decide war crime cases.
b. a panel of civilian judges and military officers who decide war crime cases.
c. a panel of military officers who decide war crime cases.
d. a panel of military officers who decide violations of the Uniform Code of Military
Justice.
The U.S. Supreme Court has relied on three justifications for throwing out good
evidence. Which of the following is NOT one of these three justifications?
a. Deterrence
b. Good faith
c. Judicial integrity
d. Constitutional right
According to the Supreme Court opinion in California v. Greenwoodinvolving
incriminating evidence found in defendant’s trash, citizens have a reasonable
expectation of privacy in their trash.
a. True
b. False
The border search exception does not allow the warrantless opening of mail coming
into the country.
a. True
b. False
The Articles of Confederation were written by former British colonists in response to
British tyranny.
a. True
b. False
The due process revolution in the 1960s:
a. emphasized the police power of the state to control individuals who were protesting
the government’s policies.
b. tilted the balance between results and means in criminal justice in favor of the state.
c. emphasized the needs of crime victims.
d. tilted the balance between results and means in criminal justice in favor of process
(means) and individual rights.
Sneak and peek warrants are a variation of no-knock entries.
a. True
b. False
According to rules issued by the Department of Defense in 2010 governing military
commission proceedings:
a. evidence derived from statements obtained by cruel, inhumane, and degrading
treatment can never be used.
b. evidence derived from statements obtained by cruel, inhumane, and degrading
treatment can be used in under circumstances.
c. evidence derived from statements obtained by cruel, inhumane, and degrading
treatment can be used if its use would otherwise be consistent with the interests of
justice.
d. evidence can be used only if it can also be used in federal courts.
The “means” side of the endmeans balance:
a. is committed towards fairness in dealing with defendants.
b. is devoted to giving government officials as much power possible.
c. is concerned that too many defendants go free on technicalities.
d. fosters the result side of the criminal justice process.
In comparing the decision to detain someone pending the filing of formal charges and
the decision to take the case on to trial:
a. the detention decision requires probable cause, while the trial decision requires
reasonable suspicion.
b. the detention decision requires reasonable suspicion, while the trial decision requires
probable cause.
c. both decisions require reasonable suspicion only.
d. both decisions require probable cause, but less probable cause is needed to justify the
detention decision than is necessary to justify the trial decision.
In Graham v. O’Connor (1989), involving the arrest of a diabetic who was suffering
from an insulin reaction, the Supreme Court held that claims of excessive force in the
course of making an arrest are to be analyzed under:
a. a substantive due process standard.
b. the Fourth Amendment’s “objective reasonableness” standard.
c. a “malicious and sadistic” standard.
d. a subjective standard that focuses on the intentions of the officer making the arrest.
The trend today in balancing results and means in criminal justice:
a. continues to be strongly in favor of individual rights by emphasizing process
(means).
b. has shifted away from process to results.
c. is impossible to determine because the Supreme Court has not made it clear.
d. is equally poised between process (means) and results.
The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a
search conducted pursuant to an arrest warrant that was later discovered to have been
recalled months earlier because:
a. there was reason to believe that the arresting officer who conducted the search should
have investigated whether the warrant was recalled
b. the officer did not honestly believe he was acting in good faith
c. negligent bookkeeping mistakes by law enforcement threaten individual liberty and
can be deterred by the exclusionary rule
d. probable cause was required to conduct the search
Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to
promote the interest in:
a. individual rights.
b. deterring illegal government conduct.
c. judicial integrity.
d. promoting equal justice for all citizens.
Equal protection of the law means that states must treat everybody alike.
a. True
b. False
The point at which an actual seizure occurs is when police:
a. physically grab a person with the intent to keep them from leaving.
b. display their authority by ordering a suspect to stop.
c. draw their weapons and announce that the person is under arrest.
d. stop an individual and hand-cuff them.
Hunches are never sufficient to guide decisions made by agents of crime control. This
principle can be described as:
a. good evidence.
b. using the best methods.
c. the objective basis requirement.
d. discretionary decisions.
Police are rarely charged or convicted of criminal misconduct.
a. True
b. False
During the 30 years from Brown v. Mississippi to Miranda v. Arizona, the U.S.
Supreme Court relied on various interpretations of the Fourteenth Amendment due
process clause to invalidate as involuntary 40 confessions in state trials.
a. True
b. False
The Supreme Court has held that guilty pleas are:
a. unconstitutional.
b. constitutional, so long as they are made voluntarily, knowingly, and intelligently.
c. unconstitutional when they are obtained as a result of plea bargaining.
d. constitutional even if the prosecution cannot present enough evidence to establish
that there is a factual basis for the guilty plea.
In U.S. v. Martinez-Fuerte(1976), the Supreme Court held:
a. police can constitutionally stop a vehicle at a fixed check point for brief questioning
of the occupants even though they have no reason to believe the vehicle contains illegal
aliens.
b. it violates the Fourth Amendment for police to stop vehicles at a fixed checkpoint
without reasonable suspicion that the vehicle contains illegal aliens.
c. the Fourth Amendment requires that police have probable cause to believe a vehicle
contains illegal aliens before they can stop it at a fixed checkpoint.
d. it is constitutional for police to stop a vehicle at a fixed checkpoint and they can
search the entire vehicle and its occupants without reasonable suspicion or probable
cause.
The Supreme Court has specifically rejected the rationale that the exclusionary rule is a
constitutional right.
a. True
b. False
According to the Crime Control and Safe Streets Act’s serious crime exception:
a. law enforcement officials can intercept electronic communications without a court
order.
b. the U.S. Attorney alone can approve the interception of electronic communications.
c. a federal judge must approve the interception of electronic communications.
d. no electronic communications can be intercepted while they are taking place.
The first question to ask in Fourth Amendment cases is whether the:
a. officer action was a stop and frisk.
b. officer action was unreasonable.
c. fruit of the police action (what is obtained from its action) should be excluded.
d. police were investigating a serious crime.
The Boggs Act (1951) signaled a shift to what type of sentences?
a. Sentences based on sentencing guidelines
b. Indeterminate sentences
c. Mandatory minimum sentences
d. Determinate sentences
As per the decision in U.S. v. Knights(2001), search abilities were expanded to include
_______officers who might be required to conduct a search.
a. probation
b. parole
c. police
d. corrections
Sentences determined under sentencing guidelines are based primarily on a
combination of the:
a. seriousness of the crime and the offender’s age.
b. seriousness of the crime and the harm caused to the victim.
c. offender’s criminal history and whether the crime was violent.
d. seriousness of the crime and the offender’s criminal history.
What type of offenses were sneak and peak searches mainly used for originally?
a. Counterfeiting
b. Homicides
c. All felonies
d. Drug offenses
Most plaintiffs who file civil lawsuits against police officers are seeking:
a. monetary damages.
b. injunctions.
c. declaratory judgments.
d. an apology.
If an officer was specifically patting down a suspect for weapons, but came across an
item in the person’s pocket that was in a shape consistent with contraband, such as
narcotics, would the officer be able to seize the item and arrest the person?
a. No, they can never seize evidence unless they in fact know what the item is in
advance.
b. Yes, but only if the person consents to the removal of the objects.
c. No, the officer can only seize the item if it was in fact a weapon.
d. Yes, under the plain feel” doctrine, the officer can seize the item.
Searches of private places without the consent or knowledge of the occupants are called
_________and _________searches.
The method of analysis that considers the Fourth Amendment’s two clauses as being
separate and addressing different problems is the ______ ______ _______
The formal name for the place where a trial is held is the __________.
Summarize the five main empirical findings on the effectiveness of mandatory
minimum sentences.
Looking through abandoned property is not a Fourth Amendment search. For property
to be considered abandoned, there must be _______to throw the property away and acts
that prove this.
The statement that the Fourth Amendment protects persons, not places, when those
persons have a reasonable expectation of privacy describes the _____doctrine.
The period of criminal process when police shift from a general investigation to
building a case against a particular suspect is known as the _______stage.
Can you sue a judge or a prosecutor for damages resulting from actions performed in
their official capacities? Explain.
Describe the history of criminal procedure, and explain why it is described as a
pendulum swing.
Government inspections and other searches not conducted to gather criminal evidence
are known as________searches.
Forced confessions are not admissible as evidence at trial because they are not
trustworthy describes the ________ for due process.
A lawyer paid for by the client is called _________counsel.
Stop and frisk law focuses on the application of the ________ Amendment to law
enforcement practices.
A ________arrest occurs when an officer uses a legal justification to stop a vehicle to
search for evidence of an unrelated serious crime for which he did not have the
probable cause necessary to support the stop.
The power of courts to declare laws and government actions unconstitutional is called
_________.
Officers who violate the constitutional rights of private individuals commit a/n
__________.