According to the Supreme Court’s decision in Miranda v. Arizona, waiver of the
Miranda rights may be presumed either by silence following warnings or from an
eventual confession.
a. True
b. False
The Fourth Amendment:
a. has a specific provision that requires the exclusion of evidence gathered in violation
of the Amendment.
b. spells out all of the remedies available to defendants when evidence is illegally
gathered.
c. requires courts to exclude illegally gathered evidence.
d. does not mention any remedies available when evidence has been gathered in
violation of the Amendment.
Before formal proceedings begin, the _______Amendment gives police more flexibility
in interrogating suspects.
a. Sixth
b. Fifth
c. Fourteenth
d. Eighth
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
Voir direis the:
a. instructions given the jury by the judge as to how the jury should deliberate.
b. name given the prosecutor’s opening statement.
c. process of examining prospective jurors.
d. questioning of prospective jurors by a judge and attorneys in court.
What is needed to establish that government action is a search?
a. The societal recognition that a personal expectation of privacy is reasonable.
b. Societal recognition that a personal expectation of privacy is reasonable and the
exhibition of a personal subjective expectation of privacy.
c. Actual trespass into an area.
d. Mere governmental intent to conduct a search.
The term _________prosecution refers to prosecutorial discretion in determining which
cases are actively pursued in light of resource availability and priority of case
outcomes.
a. situational
b. indeterminate
c. selective
d. flexible
Payton v. New Yorkruled which of the following is NOT a restriction on home arrests?
a. Knock and announce rules
b. Reliable informants
c. Felonies and arrests made during the daytime
d. Stringent probable cause
In order to exclude identification evidence on due process grounds, defendants must
prove the identification procedure was unnecessarily suggestive and created a
substantial likelihood of misidentification:
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by clear and convincing proof.
d. beyond a reasonable suspicion.
A majority of U.S. Supreme Court justices have to vote to review a case before it can be
heard.
a. True
b. False
The Supreme Court has ruled that inventory searches are not Fourth Amendment
searches.
a. True
b. False
Until 1967, the U.S. Supreme Court defined searches mainly according to property law.
According to the ________, to qualify as a search, officers had to invade physically a
“constitutionally protected area.”
a. constitutionality doctrine
b. privacy doctrine
c. trespass doctrine
d. reasonable expectation of privacy doctrine
Officials who violate the Fourth Amendment by conducting an illegal search can still
receive qualified immunity for their actions.
a. True
b. False
The special need used to justify employee drug testing is directed mainly at:
a. employees who may endanger public safety while under the influence of illegal
drugs.
b. employees who may be smuggling and/or selling illegal drugs while employed.
c. preventative government civil liability.
d. criminal law enforcement in general.
After a police officer issues a stopped motorist a citation for a traffic offense, the officer
can search the stopped car without the motorist’s consent.
a. True
b. False
The first part of a writ of assistance, where royal agents can search anyone, anywhere,
anytime, is referred to as a _______warrant.
a. general
b. constitutional
c. privacy
d. specific
In U.S. v. White, involving incriminating statements heard by law enforcement because
of warrantless electronic eavesdropping of defendant White’s coconspirator, the
Supreme Court held that:
a. live participant monitoring was reasonable under the Fourth Amendment, but
electronic eavesdropping was not.
b. White had no reasonable expectation of privacy in his conversation with the
co-conspirator.
c. three-party bugging jeopardizes our sense of security and therefore was unreasonable.
d. the use of government informants in the respondent’s home violated the Fourth
Amendment.
What is another term used to describe probative evidence, or evidence that proves (or
helps to prove) defendants committed the crimes they are charged with?
a. Bad evidence
b. Good evidence
c. Bad methods
d. Exclusionary evidence
Police can never arrest someone for a minor traffic offense.
a. True
b. False
Probable cause deals with:
a. hunches and suspicions.
b. an exact degree of probability.
c. factual and practical considerations of everyday life.
d. having a specified number of facts.
What do the police need to articulate in order to obtain a “no-knock” warrant?
a. The consent of the person for whom the arrest warrant is for.
b. That the “Fair Warning” doctrine be employed.
c. The persons were armed with automatic weapons and explosives, otherwise a
no-knock warrant is not permissible.
d. That knocking (announcing their presence) would be dangerous, futile, compromise
the investigation, and allow for the destruction of evidence.
Which of the following would NOT be considered an aggravating factor in a death
penalty case?
a. Prior conviction of a misdemeanor
b. Killing to avoid arrest
c. Felony murder
d. Killing during escape from lawful custody
Best guesses indicate that eyewitness misidentifications account for ______percent of
wrongful convictions of persons eventually exonerated by DNA.
a. 10
b. 25
c. 75
d. 90
If an arrested person does not receive a judicial determination of probable cause within
48 hours, the state bears the burden of proving that there has not been an unreasonable
delay.
a. True
b. False
According to the raise or waive doctrine, a defendant must make objections at trial in
order to preserve those issues for appeal. This is called the ________doctrine.
a. judicial economy
b. collateral consequences
c. habeas corpus
d. mootness
Federal law enforcement officers can phone or radio their affidavits seeking warrants to
federal magistrates under the:
a. Federal Criminal Code.
b. Federal Rules of Evidence.
c. Federal Code of Regulations.
d. Federal Rules of Criminal Procedure.
How a court disposes of a case is called the:
a. court’s judgment.
b. court’s opinion.
c. majority opinion.
d. case holding.
If an appellate court case has a majority of the justices agreeing with the result in the
case, but they cannot agree on the reasons for the result, the _______opinion is the
opinion with the reasoning agreed to by the largest number of justices.
a. dissenting
b. plurality
c. majority
d. concurring
Both the state and defense may move for changes of venue.
a. True
b. False
Whether police used excessive force in making a nondeadly force arrest is measured by
an objective standard.
a. True
b. False
Recent research into the exclusionary rule has demonstrated that the deterrent effects
are considerable.
a. True
b. False
In Demore v. Kim (2003), the Supreme Court ruled that:
a. mandatory detention for aliens who have been convicted of certain crimes pending
removal proceedings is not unconstitutional, even if the alien is a lawful permanent
resident.
b. mandatory detention for criminal aliens is unconstitutional.
c. mandatory detention for criminal aliens is not unconstitutional as long as the alien
was not admitted lawfully into the U.S.
d. the Immigration and Nationality Act requires immigration judges to exercise their
discretion in deciding if a criminal alien should be detained pending removal
proceedings.
Which of the following is NOT true about closing arguments?
a. Prosecutors can waive their right to make a closing argument and then save their
comments for rebuttal.
b. Prosecutors can raise new matters in rebuttal.
c. Appellate courts frequently reverse convictions for even one improper prosecution
comment in closing argument.
d. Prosecutors can express their personal beliefs about the defendant’s guilt.
Searches without warrants are permissible if there is reasonable belief that the
________of evidence is imminent.
Identify the characteristics of a full custodial arrest and contrast it with a stop.
Why are inventory searches reasonable even without a warrant or probable cause?
Identify the special needs satisfied by inventory searches, and what substitutes for
probable cause as the objective basis for an inventory search?
Does unprovoked flight + high-crime area = reasonable suspicion? Explain your
response.
Criminal justice personnel have limited limited with regard to torts under the defense of
____________.
The test used to determine whether an identification was reliable, even if unnecessarily
suggestive, is the ______of _______test.
The safety and security of travelers are the special needs that justify
__________________searches.
State the facts of the case and explain the significance of the U.S. Supreme Court case
New York v. Quarles.
Legislatures prescribe specific penalties that judges and administrative agencies cannot
alter in the ________ model.
Identify and provide details about the three elements of arrest warrants that satisfy the
requirements of the Fourth Amendment warrant clause.
Boilerplate jury instructions that fit most cases are called _____________.
Information received by the police from third persons is called __________.
Police can arrest a suspect in the suspect’s home without a warrant if there are
________circumstances that would justify such an arrest.
Identify and describe the three tiers of the surveillance system designed to balance
government power and individual privacy. Include in your description both government
powers and the limits on that power in each tier.
The _______ justification stems from an ancient legal saying, “There’s no right without
a remedy.”
Why don”t searches of probationers and parolees require warrants or probable cause to
be reasonable?