A person has filed a lawsuit on equal protection grounds claiming racial discrimination.
Which standard of review will be used to resolve the issue of law?
a. Fair and adequate notification test
b. Strict Scrutiny
c. Intermediate scrutiny
d. Rational Basis Test
What rule of law can potentially work to admit illegally obtained evidence that might
otherwise be excludable?
a. fruit of the poisonous tree doctrine
b. preponderance of evidence
c. probable cause
d. good faith exception
Police observe a suspect carrying a brown paper package leave an apartment that is
known to sell marijuana. The package is the same size as packages of marijuana they
had seen earlier that day. The individual under observation places the bag in the trunk of
his car and starts to drive away. Fearing the loss of evidence, officers stop him. To
proceed within legal limits, officers who wish to search the car for marijuana _____.
a. may immediately search the whole car including all containers
b. may immediately open the trunk and search the package
c. may search the package only if they arrest the driver
d. cannot do so
The preference that a search and/or seizure be authorized by a warrant is based on the
idea that _____.
a. judgments should be made by a neutral and detached individual
b. police are not qualified to make probable cause determinations
c. courts may force police to take action when they otherwise would not
d. prosecutors may inadvertently encourage less than honest behavior
In the majority of states, arrest warrants are required for misdemeanors that do not
occur in the officer’s presence.
a. True
b. False
In determining the admissibility of identification evidence, the most important factor is
whether _____.
a. procedural due process rights were violated
b. substantive due process rights were violated
c. the evidence is reliable
d. police abuses were incidental or intentional
When a person has witnessed a violent crime that involves a weapon, he pays very
close attention to his surroundings and his level of accuracy in recalling these events is
much higher than in normal circumstances.
a. True
b. False
For an item to be validly seized during a search incident to arrest, the police must have
probable cause to seize the item, but they do not need to immediately recognize the
item’s evidentiary value.
a. True
b. False
The first phase of searches of Electronically Stored Information (ESI) includes _____.
a. entering the place(s) housing the devices on which data are stored
b. seizing the devices on which the data may be stored as well as devices linked via
networks
c. examining the seized devices for the data described in a warrant
d. providing the devices to forensic computer specialists who search for data described
in a warrant
Which of the following statements is true?
a. In some situations consent obtained through threat of force may be deemed
voluntarily given.
b. Police do not need to first tell a person that they are “free to go” before a consent can
be deemed voluntarily given.
c. Voluntary consent to search must be given orally.
d. Voluntariness of consent is not affected by the physical, mental, or emotional
condition and the intelligence or educational level of the person giving consent.
A person’s mere absence from premises does not establish abandonment unless other
factors show that the person intended to abandon the premises.
a. True
b. False
The _____ states that at a pretrial, post indictment lineup, the suspect has a right to
assistance of counsel.
a. Stovall v. Denno case
b. U.S. v. Wade case
c. Yerkes-Dodson rule
d. Wade-Gilbert rule
Officers lawfully arrested the occupants of an auto and, after impounding it, began an
inventory of the contents of the vehicle. One officer picked up a jacket on the front seat
where an occupant had been sitting and noticed on the seat a burned cigarette which
appeared to the officer to be marijuana. How are the courts most likely to view the
officer’s action?
a. a valid search under the Carroll doctrine.
b. an illegal warrantless search
c. justifiable as a plain view seizure during an inventory
d. valid because of exigency
Officers executing a lawful search warrant for stolen guns have located all the weapons
listed in the search warrant. An officer is admiring the suspect’s beer mug collection and
takes down a mug from a shelf and discovers marijuana inside it. The officer should
_____.
a. replace the marijuana and go get another warrant
b. justify the seizure of the marijuana as plain view
c. call the judge to amend the warrant
d. realize that the marijuana is inadmissible under the plain view doctrine
Under the open fields doctrine, without a warrant, an officer may _____.
a. trespass onto open land to search for and seize evidence
b. not trespass onto open land to search for and seize evidence if the land is posted
c. trespass onto the land to search for and seize evidence only if the land is not posted
d. not trespass onto the land of a person without probable cause
Many courts have upheld requirements that forensic analysis of the computers had to be
conducted within 90 days of the physical search.
a. True
b. False
If an officer has probable cause to believe that a movable vehicle contains illicit
contraband somewhere within it, but is unsure of exactly where, what is the officer
legally entitled to search?
a. the entire vehicle and any unlocked containers within it that are capable of holding
the object of the search
b. the entire vehicle and any containers, locked or unlocked, that are capable of holding
the object of the search
c. the passenger compartment and unlocked glove compartment only
d. the passenger compartment and trunk but no containers
A plea of nolo contendere is an admission of guilt, but cannot be used against the
defendant in a civil action.
a. True
b. False
Foils should be chosen for their dissimilarity to the witness’s description of the
perpetrator, with the suspect standing out from the foils.
a. True
b. False
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 does not apply to
the use of electronic devices emitting signals that enable law enforcement officials to
track the location of objects and persons. Why?
a. Title III only covers incidental interception of communication.
b. By their very nature, the devices are mobile and this not covered.
c. These devices are incapable of transmitting speech.
d. The devices were not in existence in 1968.
Owners or renters of a vehicle, and those riding with them, have standing under the
Fourth Amendment to challenge a search of a vehicle they recently occupied.
a. True
b. False
The day after a robbery, the police bring the victim to the station to view a group of a
half-dozen people in hopes the victim can identify the perpetrator. What is the most
specific term for this procedure?
a. lineup
b. showup
c. confrontation
d. identification
Fourth Amendment protections do not apply to abandoned property.
a. True
b. False
A “due process” clause is found in the _____ Amendments.
a. Second and Fourth
b. Fifth and Eleventh
c. Fourth and Fourteenth
d. Fifth and Fourteenth
Like most constitutional democracies, the justice system in the United States
continually experiences a tension between the need to _____ and the need to _____.
a. respect individual rights; maintain public order
b. balance power; maintain public order
c. limit power; allow certain governmental intrusion
d. limit public rights; broaden individual rights
Officers legitimately stopped an auto and had probable cause to believe that itcontained
narcotics inside the passenger area. During the search of the car theofficer found a
closed paper bag and a zippered leather pouch. To lawfully searchfurther, the officer
_____.
a. needs to get a warrant
b. may immediately open the bag but not the pouch
c. may immediately open both the bag and the pouch
d. must arrest the occupants and only then search without a warrant
An officer has arrested a driver on a busy city street for driving while intoxicated. To
lawfully have the vehicle towed from the scene, the officer _____.
a. needs a warrant
b. must first determine if the driver wants it left at the scene
c. must first determine if there is some less intrusive alternative to impoundment
d. needs no other authority or justification than department policy
There is _____ at any U.S. borders or their functional equivalents, such as airline
terminals or cruise ship terminals.
a. no reasonable expectation of privacy
b. reasonable expectation of privacy
c. little use for the Constitution
d. greater expectations of privacy
The primary significance of the Marbury v. Madison decision is that it _____.
a. created the judicial branch of government and asserted its independence
b. declared that it is the duty of the judiciary to expound and interpret the law
c. established the power and authority of the Chief Justice position on the Court
d. applied the provisions in the Bill of Rights to state proceedings
Stop and frisk procedures are serious intrusions on a person’s privacy and are governed
by which of the following Amendments to the Constitution?
a. First
b. Third
c. Fourth
d. Fifth
The judicial branch of law expounds and interprets the law.
a. True
b. False
The plain view rule applies only to those things which can be seen without any
mechanical or electrical aids to assist in observing items of evidence.
a. True
b. False
The Sixth Amendment’s deliberate elicitation standard is broader than the protections
afforded suspects under the Fifth Amendment because it prohibits authorities from
engaging in conduct that would not be considered “interrogation” or its functional
equivalent under Miranda.
a. True
b. False
A seizure of property occurs when there is some __________ with an individual’s
possessory interests in that property.
A ___________ of property occurs when there is some meaningful interference with an
individual’s possessory interests in that property.
Stop and frisk procedures are serious intrusions into a person’s privacy and are
governed by the ______________ Amendment.
Congress created a special Article III court to review FISA applications called the
__________.
For the automobile exception to be met regarding a search, two criteria must be met.
First, the officer must believe that the automobile must contain illegal contraband, and
secondly, the vehicle must be readily__________ such that it can be moved to
__________.
The term “__________” is a broad term meaning simply any oral or written declaration
or assertion.
Identify and describe three different rules of evidence.
Answer:Answers will vary.
Name three of the five factors in Neil v. Biggers, 1972, that the court stated should be
considered in evaluating the likelihood of misidentification.
Answer:Answers will vary.
Describe the sequence of events that take place at trial. Begin with the opening
statement and end at the point that the jury reads the verdict.
Answer:Answers will vary.
Outline the process of applying for a search warrant. Include the considerations a law
enforcement officer must be aware of if (s)he is to be successful in obtaining a search
warrant.
Answer:Answers will vary.
Describe the required circumstances that must be present in determining whether or not
a consent search is truly voluntary?
Answer:Answers will vary.
A search incident to arrest is authorized by __________.
Criminal process against a felony defendant begins formally with the filing of a
______________.
Describe the plain touch or plain feel doctrine.
Answer:Answers will vary.
Explain the “focus of investigation test” of Escobedo v. Illinois, 1964, that preceded the
Miranda decision.
Answer:Answers will vary.