The essence of “due process” is best described as _____.
a. fairness
b. adversarial
c. timely notice
d. equal protection
If an officer has probable cause to believe that contraband is contained within a
briefcase that is in the passenger compartment of an automobile, what is the officer
legally entitled to search?
a. only the briefcase
b. the entire vehicle
c. the entire vehicle and any containers therein
d. the entire passenger compartment
A search warrant can become invalid because the probable cause upon which it is based
has become stale.
a. True
b. False
To date, on each instance that an appellate court has considered the constitutionality of
DNA testing statutes, the court has ruled the statutes to be _____.
a. an unconstitutional violation of the 4th Amendment
b. an unconstitutional violation of the 5th Amendment
c. an unconstitutional violation of the 6th Amendment
d. constitutional
Vernonia was expanded to include all students participating in extracurricular activities
by the Supreme Court decision in Board of Education of Ind. School District 92 of
Pottawatomie County v. Earls, (2002). On what did Ginsburg, in part, base her dissent?
a. Students who participate in extracurricular activities are significantly less likely to
develop substance abuse problems than are their less involved peers
b. Students who participate in extracurricular activities must already incur substantial
financial costs, and drug testing would incur even more.
c. Extracurricular activities already have enough of their own rules and procedures to
which the student body as a whole is not subjected.
d. While such testing might be acceptable for students who participate in competitive
activities such as band contests, it is not appropriate for others.
In some situations, the defense counsel could elect to wait until the prosecutor has
presented the government’s evidence before giving an opening statement, thereby
concealing the defense strategy until the government has disclosed its case.
a. True
b. False
If a police officer lawfully pats down a suspect’s outer clothing and feels an object and
the contour or mass of the object makes its identity immediately apparent, there has
been no invasion of the suspect’s privacy beyond that already authorized by the officer’s
search for weapons.
a. True
b. False
An officer arrests the driver of a vehicle, handcuffs the driver, and places him/her in the
backseat of the police car. The arrest is for a crime in which no evidence of the alleged
offense could be located in the driver’s vehicle. Select the appropriate option for the
officer.
a. the officer may apply Belton and search the entire car.
b. the officer may apply Belton and Carroll and search the entire car.
c. the officer may apply Belton and search the passenger compartment of the car.
d. the officer may not search the car; the Gant decision prevents the search of the car.
The neutral and detached requirement for the issuing authority means that the issuer
must not _____.
a. have anything to gain or lose in the outcome
b. be related to the officer
c. have had business relations with anyone involved in the case
d. care about the probable cause
A law enforcement officer’s authority to frisk is limited and narrowly drawn.
a. True
b. False
When an appellate court reviews questions of fact resolved by a lower court, when can
the appellate court disturb the decision of the lower court?
a. only if the lower court applied the correct law and still made a mistake
b. only after providing deference to the lower court and finding plain error
c. only after conducting a de novo review and finding clear error
d. only after providing deference to the lower court and finding clear error
The _____ restricts the establishment of any government-sponsored religion.
a. proportionality clause
b. symbolic speech clause
c. free exercise clause
d. probable cause clause
In every jurisdiction, the judicial officers authorized to issue a search warrant are the
same officers authorized to issue an arrest warrant.
a. True
b. False
Under the _____ exception, victims of computer attacks by hackers can authorize law
enforcement officials to intercept wire or electronic communications of a computer
trespasser, if specific statutory requirements are satisfied.
a. computer trespasser
b. provider
c. public access
d. exceptional privilege
A criminal informant’s credibility (veracity/truthfulness) must always be established by
a statement of underlying facts and circumstances.
a. True
b. False
Police convenience and safety are deemed reasonable justification for the plain view
doctrine because _____.
a. current jurisprudence favors law enforcement over the rights of citizens
b. the doctrine does not allow for intrusion into privacy and thus protects citizen’s
Fourth Amendment rights
c. the Fourth Amendment probable cause requirements are met by the doctrine
d. the burden of proof is on the police and prosecutor
What is curtilage?
a. the area around a dwelling but not the dwelling
b. the open fields
c. the open fields and the area around them
d. the dwelling and the area close around it
A police officer pursues a suspect he believes, based on a hunch, possesses drugs. The
officer has neither probable cause nor reasonable suspicion to justify the pursuit. Just
before the officer tackled the suspect, the suspect discarded a small bag containing
drugs. In this situation, how would the courts most likely view the seizure?
a. The seizure of the suspect was illegal; the abandonment of the bag was not the result
of unlawful police behavior; and the drug evidence is admissible.
b. The seizure of the suspect was legal; the abandonment of the bag was not the result
of unlawful police behavior; and the drug evidence is admissible.
c. The seizure of the suspect was illegal; the abandonment of the bag was the result of
unlawful police behavior; and the drug evidence is inadmissible.
d. The seizure of the suspect was legal; the abandonment of the bag was the result of
unlawful police behavior; and the drug evidence is inadmissible.
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 _____.
a. requires authorization by a judge in the location of the tapped telephone
b. allows the issuance of interception orders for any felony offense
c. permits taps even when ordinary investigative procedures have not been exhausted
d. requires that the order be executed “as soon as practicable”
In Tennessee v. Garner (1985), the Supreme Court decided that the common law fleeing
felon rule violated which Amendment?
a. First Amendment.
b. Fourth Amendment.
c. Fifth Amendment.
d. Eighth Amendment.
Substantive criminal law establishes legal prescriptions and proscriptions, whereas
procedural criminal law sets forth the mechanisms through which substantive criminal
laws are implemented.
a. True
b. False
What is the essential reason why the right to counsel under the Fifth Amendment is less
restrictive on the role of the police than the right to counsel under the Sixth
Amendment?
a. The right to counsel under the Fifth Amendment can be waived, but the right cannot
be waived under the Sixth Amendment.
b. The Sixth Amendment is part of the Bill of Rights; the Fifth Amendment is not.
c. The Sixth Amendment concerns rights after criminal charges have been formally
filed.
d. The “due process” provisions of the Fifth Amendment are less enforceable in court
than the provisions of the Sixth Amendment.
To have a valid waiver of a person’s Miranda rights, the waiver must _____.
a. be voluntarily made and must be made in front of a non “law enforcement officer
witness
b. be voluntarily made and must be made with full awareness of the consequences of
the waiver
c. be acknowledged by a judge and must be made with full awareness of the
consequences of the waiver
d. only be voluntarily made.
Which of the following is most consistent with the principles of the crime control
model?
a. a strong appellate court system with multiple layers of appeals
b. confidence in the police and prosecutors’ judgments
c. a skepticism toward the decisions of police and prosecutors
d. opposition to additional resources to build more prisons
If an accused requests assistance of his or her own counsel at a confrontation, how does
this impact the process?
a. The confrontation must be delayed until the accused’s attorney is present regardless
of how long that may take.
b. The confrontation must be delayed until an attorney familiar with the case is present.
c. The confrontation may proceed without delay if the accused’s attorney cannot be
present in time.
d. The confrontation must be delayed until substitute counsel can be present if the
accused’s own attorney cannot be present.
A criminal suspect is arrested and subsequently confesses to a crime. The court
determines that the Miranda requirements were violated during the interrogation, but
that the statements were given voluntarily. At trial, which of the following legal
limitations are placed on the prosecution?
a. The prosecution cannot reference any statements from the confession for any reason.
b. The prosecution cannot reference any statements to impeach the defendant’s
testimony, but can reference the confession during the prosecution’s case-in-chief.
c. The prosecution can reference any statements from the confession to impeach the
defendant’s testimony, but cannot reference the confession during the prosecution’s
case-in-chief
d. The prosecution can reference the confession during its case-in-chief and to impeach
testimony by the defendant.
If a show of authority by a law enforcement officer does not result in a halting or
submission by the person being confronted, there is _____ under the Fourth
Amendment.
a. no seizure
b. seizure
c. limited seizure
d. an arrest
Officer Brewer stops a vehicle because it does not have brake lights. However, he is
using this reason for a traffic stop because he believes the subjects in the vehicle may be
involved in illegal activity involving drugs and wants to check them out. Which of the
following most accurately describes this scenario?
a. illegal stop
b. Terry stop
c. pretextual stop
d. procedural stop
A court with only appellate jurisdiction has the authority to _____.
a. retry a case
b. review the evidence to determine facts
c. review the legal issues of a case
d. review only plain error
If a prospective juror, from watching television news, admits during examination that
he has already formed an opinion that the defendant is not guilty, how should that juror
be treated?
a. considered fit for service
b. peremptorily challenged
c. challenged for cause
d. polled
To obtain a valid anticipatory search warrant, _____
a. there must be a fair probability that specific contraband will be found if the triggering
event occurs and a fair probability that the triggering event will in fact occur
b. the police must have corroborated information from at least two different informants
c. police must have sufficient basis to believe that the evidence cannot be obtained any
other way
d. the police must have established reasonable suspicion
A police officer legally enters a place and observes what he believes to be stolen
merchandise. The officer can pick the item up to more closely examine it and then make
a determination as to whether the item is evidence of a crime.
a. True
b. False
In determining whether a vehicle is readily mobile, courts look to whether _____.
a. the vehicle is inherently capable of movement
b. the vehicle is actually mobile at a particular moment in time
c. the vehicle was recently moved by the owner
d. he person controlling the vehicle has ready the tools needed to make the vehicle
capable of movement
Constitutional guarantees against self-incrimination are primarily covered by which
amendment?
a. First
b. Fourth
c. Fifth
d. Eighth
While searching the relevant computer files pursuant to a search warrant for the crime
of distribution of child pornography, officers find reference to a “customer ledger.”
After this information is discovered, an officer observes a notebook lying on the kitchen
counter with the words “customer ledger” written on the front cover. The officers may
legally _____.
a. seize and open the notebook immediately without obtaining a warrant.
b. seize the notebook immediately, but will need a warrant before opening the
notebook.
c. not seize or search the notebook without obtaining a new warrant.
d. seize the notebook, but cannot open it unless instructed to do so by a judge
Once an administrative search focuses on gathering evidence for a(n) __________, a
search warrant must be obtained or the search must satisfy an exception to the warrant
requirement.
What is the purpose and rationale underlying the concept of an anticipatory search
warrant?
Answer:Answers will vary.
Briefly explain what is meant by the term warrantless arrest authority?
Answer:Answers will vary.
In terms of applying the privacy right that exists under the Fourth Amendment, the
amendment is said to protect __________, not __________.
The authority that justifies third-party consent to search based on mutual use of the
property by those who have joint access or control for most purposes is called
__________.
Probable cause to search means that there is a __________ probability that contraband
or evidence of a crime will be found in a particular place.
The final, authoritative determination or decision of a court upon a matter within its
jurisdiction is called __________.
Information on which probable cause is to be based may come to a law enforcement
officer’s attention in two possible ways: through the __________ own perceptions or
through the perceptions of a(n) __________who relays the information.
What is meant by sealing/putting under seal and why this is done?
Answer:Answers will vary.
Assume that a regulatory inspector is conducting a justified, routine inspection of a
tightly regulated business. The inspector, while standing in a spot that he has a legal
right to be in and without moving anything, sees evidence of criminal activity. What are
the options of the inspector?
Answer:Answers will vary.
Describe how the events of September 11, 2001 impacted government use of the
‘special needs” doctrine to justify intrusions of individual privacy.
Answer:Answers will vary.
Select an item within the room you are currently in. Write a description sufficient to
satisfy the particularity requirement of the Fourth Amendment.
Answer:Answers will vary.
Searches conducted using wiretaps, bugs, or other devices to overhear conversations or
obtain other kinds of information are collectively referred to as __________
surveillance.
The strictness (or level of deference) with which an appellate court will review the
actions of a lower court is called __________.
Describe the difference between a standard of review for clear error and a de novo
standard of review.
Answer:Answers will vary.