CL 11,12,13

Wiretaps are always unreasonable searches

false

Person convicted of a crime an appeals. If the appeals court agrees with the convicted person, what possible actions could it take?

Appeals court could order a new trial. Appeals court could order the person released and bar a new trial because under the circumstances a new trial would constitute double jeopardy.

A crime that punishes a person for mowing their lawn on Tuesdays, even on those Tuesdays occurring before the law was passed, is an example of a Bill of Attainder

False

DOJ's Petite Policy prohibits state prosecutors from prosecuting a defendant on state charges if the federal law violated in substantially similar to a state one, and the federal government has prosecuted the defendant on the same charges.

False

Searches are unreasonable if they unduly interfere with a person's expectation of privacy, such as a police officer's use of evidence that was in plain view

False

To obtain a search warrant, police must produce evidence showing guilt beyond a reasonable doubt

False

Under the 7th amendment, "all the charges against a defendant that grow out of a single act, occurrence, episode, or transaction" must be tried at the same time.

False

Which of the following is not true

If a search warrant is obtained and used, and later shown have been flawed in some way, the police may not use the evidence obtained even though they took that evidence in good faith

A hearing preparatory to admitting a confession into evidence where the prosecutor must prove that the confession was voluntary is a

Jackson Denno hearing

Person was tried for a murder 3 years ago and was acquitted. The police find new evidence showing the person was guilty. Can the person be charged for the same murder again?

No because to do so would be double jeopardy

What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant?

Other evidence collaborating the informant's information, whether the officers have used the informant in the past, and whether the informant's information has been reliable.

Select the option that does not describe a Terry stop, also called a "stop and frisk" stop

Police may stop and frisk a person who appears to be of Arab descent because the police officer thinks that he/she may be a terrorist based solely on that person's ethnic appearance.

Probable cause

Sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard required for the issuance of a search warrant.

Which of the following examples would be violation of the right to be free from unreasonable searches and seizures?

Thermal imaging device is aimed at a home by police officers who could not convince a judge to sign a warrant, as they try to detect heat lamps used to grow marijuana

4th amendment provides protection against unreasonable searches and seizures, as a way to protect citizens from overzealous law enforcement officers and judges eager to secure criminal convictions

True

A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.

True

Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial

True

It is possible for an act to have violated both federal and state laws

True

The greater the expectation of privacy, the more likely law enforcement personnel need a search warrant.

True

The right to remain silent is provided in the 5th amendment

True

A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges?

Yes. Double jeopardy does not attach until jury or judge acquits the defendant.

Which of the following is an example of an ex post facto law

anyone who has ever owned a vehicle that polluted the environment, beginning in 1950 until the current year, will be subject to a $200 fine for each year of vehicle ownership payable to the Environmental Protection Agency. This law shall take effect in 3 months from the time of passing through both legislative bodies.

money or other guarantee posted to assure a defendant who is released from custody pending trial or appeal will appear when called or forfeit the security posted

bail

document issued by a judge ordering law enforcement officers to arrest a specific person is a

bench warrant

a law that singles out a person or persons as the only individual affected is a

bill of attainder

an order moving jurisdiction from the court where the preliminary hearing took place to the trial court is a

binding

Act of admitting guilt or complicity to the commission of a crime is

confession

act of admitting guilt to a crime

confession

an exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant

consent once removed

an agreement between the prosecution and a defendant that spells out that the defendant will cooperate in the prosecution of others in the same or related criminal activity usually in exchange for a recommendation of leniency to the court

cooperation agreement

Rule that a person can only be tried once for the same offense

double jeopardy

Which of the following is an example of evanescent evidence

driver's BAL, illegal drugs in moving car, drugs in an apartment when police announce themselves and hear flushing sounds, skin under a murder suspects' fingerprints

A presumption that cannot be disproved regardless of the amount or quality of the evidence to the contrary is a

irrebuttable presumption

evidence that will change or evaporate in a manner that will destroy its evidentiary value

evanescent evidence

Police officer seeking a search warrant must present to the magistrate

evidence showing that it is more likely that a crime was committed, and evidence showing that it is more likely that the place to be searched is connected to the crime

An officer arrests a person for an open bench warrant. During the arrest, he notices drugs in the car. He filed additional charges against the individual. The individual then notices the judge that the warrant had expired, and showed being open on the police system in error. He claims since the officer had no valid probable cause, the drug paraphernalia should be excluded under the exclusionary rule. What will the court most likely do?

evidence would be allowed in if the police proved they were acting in good faith they made the discovery

Rule that a person cannot be charged a crime that became a crime after he committed the act made illegal is

ex post facto law

fruit of the poisonous tree doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial

exclusionary rule

situations that require urgent action, sufficient to excuse delay to get a warrant

exigent circumstances

Historically, French control over the lives of the people in the American colonies led to the establishment of Constitutional prohibitions against "unreasonable searches and seizures" and the arrest of citizens except "upon probable cause"

false

Polygraph test results are always admissible in court

false

Stop and frisk searches are unconstitutional because officers lack probable cause

false

The consent once removed doctrine means that a resident who revokes consent to be searched may evict the police, and any evidence they obtained cannot be used against the resident

false

if a state changes the interval between parole hearings, it violates the Constitution's prohibition on ex post facto laws

false

officers must quickly obtain a search warrant to obtain evanescent evidence

false

is the written accusation claiming that a specific person committed a specific crime or crimes

indictment

the court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the

initial appearance

Which of the following options does not describe the right to privacy

it is provided for directly in the 14th amendment

Which of the following is true concerning probable cause

it is the standard of proof needed to arrest someone, pull over a vehicle, or get a search warrant. It is more than a suspicion, but less than what is needed to convict.

Which of the following does not describe the exclusionary rule

it provides police with an opportunity to search your home without major limitations

group of men and women selected from community to determine the truth

jury

or great charter guaranteed noblemen under king jon's jurisdiction 'life, liberty, and property'

magna carta

motion for a new trial must be based upon

new evidence or a procedural flaw

Double jeopardy

person facing criminal charges after a previous criminal court ruled the person innocent concerning the same act

Amount of proof required before an officer can obtain a search warrant is

probable cause

A presumption that can be overcome by presenting evidence to the contrary is a

rebuttable presumption

presumption that can be overcome by presenting evidence to the contrary

rebuttable presumption

the limited right to be released from prison pending trial after posting enough security to assure appearance at the time of trial is the

right to bail

The constitutional right to not testify against one's own interest when charged with a crime is called the

right to remain silent

the right to not testify against their own interest when accused of a crime

right to remain silent

Which of the following searches does not violate the 4th amendment

search is taking place at a roadblock where an accident had occurred, and the police are looking for specific suspect or information that could help find him.

The act of giving testimony against oneself in court

self incrimination

The right embodied in the Fifth amendment that allows an accused person to remain silent is the right

self incrimination

a motion for judgement notwithstanding the verdict asks the judge to

set aside the verdict

exigent circumstance

situation that requires urgent action, sufficient to excuse a delay in obtaining a warrant.

is the basis for ensuring defendants the right to a trial by jury

sixth amendment

Which of the following are exceptions to Mirandizing a suspect?

statements the suspect volunteers including confessions, routine questions such as age/name/address, questions asked in the interest of public safety, undercover officers.

police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation

stop and frisk

the most beneficial type of immunity for a defendant is

transactional immunity

in medieval england, the winner in a ____ won the lawsuit

trial by battle

an alternative to a trial by jury

trial by judge

the accused was given a difficult task to perform often involving physical injury

trial by ordeal

A person can be tried for the same act if it violates both state and federal laws

true

a limited form of immunity were the person's testimony cannot be used as evidence ageists him or her is

use immunity

Document issued by a magistrate or judge authorizing the search of a place or the arrest of a person is a

warrant

rule that protects material produced by an attorney in preparation for a trial or the work product from discovery is the

work product rule