In a situation where an officer acts in reckless disregard for the truth when applying for
a warrant: _____.
a. the entire warrant will automatically be deemed constitutionally defective
b. some clauses from the deficient parts of the warrant may be severed or redacted
c. the officer will automatically be civilly liable in any Section 1983 claim that is filed
d. the admissibility of the evidence will not be impacted because the exclusionary rule
does not apply to this situation
Which of the following most accurately describes appropriate method(s) of serving a
summons?
a. only by handing it to the person named.
b. by handing it to the person named or by leaving it at their dwelling.
c. by handing it to the person named, leaving it at their dwelling, or by leaving it with a
responsible person at the defendant’s dwelling.
d. by handing it to the person named, leaving it at their dwelling, leaving it with a
responsible person at the defendant’s dwelling, or by mailing it to their dwelling.
Which of the following is not a factor to be considered when determining curtilage?
a. the proximity of the area claimed to be curtilage to the home
b. the history of having allowed visitors to the residence to have access to the area
c. the nature of the uses to which the area is put
d. the steps taken by the resident to protect the area from observation by passers by
Which of the following is the least (if at all) important consideration in justifying the
search of a vehicle under the Carroll doctrine?
a. the type of vehicle
b. that a vehicle seldom serves as a residence
c. that a vehicle is often taken into police custody for public interests
d. that the vehicle is registered and the driver is licensed by the state
When faced with the possibility of impounding a vehicle, the officer has a constitutional
requirement to choose a less intrusive means if it is available.
a. True
b. False
Miranda warnings are required to be given anytime a person is arrested.
a. True
b. False
The Department of Justice cautions that limitations on search methodologies have the
potential to seriously impair the government’s ability to uncover electronic evidence.
a. True
b. False
Which statement most accurately describes the authority afforded a county sheriff’s
deputy in hot pursuit outside his county?
a. the same authority to arrest as an ordinary citizen.
b. the same authority to arrest as within his county if he is on duty.
c. the same authority to arrest as within his county even if he is off duty.
d. the same authority to arrest as a bondsman.
Some states use sentencing guidelines to determine a criminal sentence. These
guidelines are generally legislatively created presumptions in the form of a spreadsheet
based on offense seriousness and prior record. What term is applied when a judge does
not sentence in accordance with the presumed sentence?
a. sentencing anomaly
b. determinate sentence
c. indeterminate sentence
d. sentencing departure
Article III of the Constitution establishes the structure and power of the federal court
system.
a. True
b. False
Curtilage typically includes _____.
a. the fenced area immediately surrounding a house
b. the area enclosed by a fence even if it is not near the house
c. the fenced area around a house and the immediately adjacent posted fields
d. the fenced area around a house and anywhere from which the house can be seen
A police officer lawfully pats down a suspect’s outer clothing, feels an object, and the
contour or mass of the object makes its identity immediately apparent that the item is a
bag of cocaine. It is true that _____.
a. the only way the officer can seize the item is to gain the consent of the suspect
b. the officer is legally justified to reach into the suspect’s clothing to retrieve the item
c. the officer is not legally justified to reach into the suspect’s clothing to retrieve the
item
d. the officer can only detain the suspect and wait for a warrant to be issued
Given the causes of misidentification, the United States Supreme Court has held that
identifications that occur under questionable circumstances should _____.
a. be reviewed carefully by the courts for admission
b. not be admitted in court
c. always undergo a pretrial discovery hearing process
d. be admitted regardless in court for a jury to decide the validity of same
During the initial stages of a frisk, an officer feels a soft object about the size of a
quarter in the suspect’s coat pocket. Realizing that it is not a weapon and unable to
conclude that the item is contraband, courts have ruled that without further probable
cause the officer should:
a. proceed on with the search.
b. call for a narcotics officer and get his expertise.
c. cease and desist with the search once he realizes that it is not a weapon.
d. use the feel of the item as probable cause to obtain a warrant.
To establish that an article or object has been abandoned, what must the police show?
a. only that it was the intent of the suspect to abandon the property
b. that it was the intent of the suspect to abandon the property and that the abandonment
was voluntary
c. only that the abandonment was voluntary
d. that it was the intent of the suspect to abandon the property, that the abandonment
was voluntary, and that the abandonment benefited the suspect
The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can
attempt to repair a brake light to avoid a ticket. The driver opens the trunk and attempts
a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes
the weapon and arrests the driver. At the suppression hearing, how is the court likely to
hold” the search?
a. invalid because the driver failed to give affirmative consent to opening the trunk.
b. invalid because the officer failed to warn the driver that he did not have to open the
trunk.
c. valid because the driver’s actions indicate voluntariness.
d. valid because the driver was not under arrest.
Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral
and detached judicial officer.
a. justice of the peace
b. clerk of the court
c. state attorney general
d. magistrate
Which of the following are needed for an officer to make a warrantless arrest for a
felony?
a. the officer must have a separate witness.
b. the offense must be committed in the officer’s presence.
c. the officer must have verbal approval from a court to arrest.
d. the officer must have probable cause that the offense was committed.
Which statement about the concept of reasonableness, as it applies to Fourth
Amendment inquiries, is true?
a. The term “correctness” can be substituted for “reasonableness.”
b. Reasonableness is determined on a case-by-case basis.
c. Reasonableness is conservatively construed by the courts.
d. Reasonableness is the least important consideration.
Other Fourth Amendment considerations, such as warrants, reasonableness, exigency,
and good faith, are factors that are considered subservient to probable cause.
a. True
b. False
In the Wade-Gilbert cases, the Court extended the Sixth Amendment right to counsel to
all pretrial identification procedures.
a. True
b. False
A _____ is the least intrusive type of seizure of a person under the Fourth Amendment.
a. frisk
b. pat-down
c. stop
d. pursuit
Even at the borders of the United States, there is a reasonable expectation of privacy
that has to be observed by the government.
a. True
b. False
The Yerkes-Dodson law posits perception and memory are at their best when the person
is experiencing a(n) _____ level of stress.
a. extremely high
b. high
c. medium
d. low
Many things can affect the reasonableness of a police initiated stop. According to the
text and the most recent case law, usually a case that involves a stop of _____ is
probably outside an acceptable time limit.
a. five to ten minutes
b. ten to fifteen minutes
c. twenty to twenty-five minutes
d. thirty to thirty-five minutes
Police attempt to interrogate a criminal suspect at the police station prior to any court
appearance. The suspect states unequivocally that he wants an attorney present during
the questioning. Given the scenario, select the true statement.
a. Police can legally attempt to coerce or badger the suspect into waiving his previously
asserted Miranda rights while held in uninterrupted Miranda custody since the first
refusal to waive.
b. If the suspect is released from Miranda custody and returned to his normal life for
some time, generally 14 days, police are legally permitted to attempt the interrogation
again.
c. Police can ignore the request for an attorney if the suspect has not been placed under
formal arrest.
d. Police cannot attempt an interrogation of the suspect under any circumstances.
The ‘special needs” doctrine is an exception to the warrant requirement of the Fourth
Amendment, but not the probable cause requirement.
a. True
b. False
Which description lacks sufficient particularity to satisfy the Fourth Amendment?
a. Various obscene books, magazines and video tapes
b. Various instruments and tools used in perpetrating burglary, which were
instrumentalities of such crime
c. All marijuana located on the premises lities of such crime
d. Homemade pipe bomb
Which document preceded the current U.S. Constitution in governing the first thirteen
states?
a. Articles of Confederation
b. Bill of Rights
c. Magna Carta
d. Declaration of Independence
The term _____ transfer refers to a transfer containing the human voice at any point
between, and including, the point of origin and the point of reception?
a. aural
b. electronic
c. intercept
d. oral
What is the process of questioning jurors to determine if they are prejudiced regarding a
particular case called?
a. voir dire
b. venire
c. challenge for cause
d. peremptory challenge
Explain how the courts have defined reasonableness, as the concept relates to stops and
to frisks.
Answer:answers will vary
Briefly describe the history and purpose of the origination of the Geneva Conventions.
To protect public safety, governmental entities have sometimes required their
employees to submit to drug testing. The Supreme Court has allowed these practices
under circumstances that satisfy the requirements of the __________.
Briefly relate the history of the early English Common Law, illustrating how it laid the
foundation for the United States Constitution.
Answer:Answer will vary.
Explain the difference between search warrants in colonial America and search warrants
that are issued today.
Answer:Answers will vary.
Although the plain view doctrine does not allow a law enforcement officer to conduct a
further search of an object to determine its incriminating nature, it has been established
that an officer may use ____________________ or ____________________ aids to
assist in observing items of evidence.
The lowest level of criminal court in the federal system is the ______________.
Write a brief paragraph describing what takes place during voir dire.
Answer:Answers will vary.
A valid inventory search requires neither __________ nor a(n) __________.
Detail the reasoning of the court regarding the search of a container found in a vehicle
in the case of California v. Acevedo, 1991.
Answer:Answers will vary.
Provide an example in which double jeopardy might attach” in a jury trial and a nonjury
trial.
Answer:Answer will vary.
Can a person who is intoxicated give consent to search his/her property? Why or why or
why not?
Answer:Answers will vary.
Physical searches of students and their possessions may be conducted by school
officials without a warrant based merely on __________ grounds.
In __________ v. California the court ruled that forcibly pumping a suspect’s stomach
by the police was conduct that shocks the conscious, whereas, in __________ v.
California the Court held that the practice of drawing blood from a person arrested for
drunk driving by a physician in a hospital environment according to accepted medical
practices, was constitutionally permissible.
In a protective sweep, police are looking for __________.
If an officer has probable cause to search only a particular container placed in a vehicle
or a particular area of the vehicle, the officer may search that container or area without
a warrant, but may not search the __________.
What are the benefits of a consent search to the law enforcement officer? The person
being searched?
Answer:Answers will vary.