Criminal Law CHPT 11

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

"Stop and frisk" searches are unconstitutional because officers lack probable cause.

false

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

Officers must quickly obtain a search warrant to obtain evanescent evidence.

false

Polygraph test results are always admissible in court.

false

T/F: 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

The Department of Justice'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

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

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

false

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

false

Wiretaps are always unreasonable searches.

false

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 not to testify against their own interests when accused of a crime

right to remain silent

The act of giving testimony against one's penal interest

self-incrimination

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

It is possible for an act to have violated both federal and state laws at the same time.

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 Fifth Amendment

true

A document issued by a magistrate or judge authorizing the search of a place or the arrest of a person is a _______________.

warrant

The act of admitting guilt or complicity to the commission of a crime is a __________________.

confession

The act of admitting guilt to a crime.

confession

Which of the following searches does not violate the Fourth Amendment? A) A search is taking place at a roadblock where an accident had occurred, and the police are looking for a specific suspect or information that could help them find him. B) Infrared cameras are being used to find greenhouses growing marijuana. C) A GPS device is attached to a suspect's car to see where he goes. D) A search for drugs is conducted on every car at a roadblock on a route where police believe there is heavy drug traffic. E) A warrantless search of a residence is conducted where the resident is not a terror suspect.

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

Select which of the following is an example of an ex post facto law. A) 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 three months from the time of passing through both legislative bodies. B) Anyone owning a vehicle that pollutes the environment will be subject to three months in prison. This law shall take effect in three months from the time of passing through both legislative bodies. C) Anyone who murders another person with malice aforethought will be punished by a fine of $4,000 payable to the nearest family member of the victim. This law shall take effect in three months from the time of passing through both legislative bodies. D) Anyone who murders another person with malice aforethought will be punished by four years of imprisonment. This law shall take effect in three months from the time of passing through both legislative bodies. E) Anyone who commits three felony violations will be sentenced to lifetime imprisonment, so long as the third felony violation occurred after the time of this bill's passing.

A: 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 three months from the time of passing through both legislative bodies.

Which of the following does NOT describe the exclusionary rule? A) It provides police with an opportunity to search your home without major limitations. B) It is also known as "the fruit of the poisonous tree" doctrine. C) It allows evidence that was obtained illegally, but in good faith, to be used in trial. D) It is used to discourage the use of unreasonable searches in criminal investigations. E) It prohibits the use of evidence obtained illegally in trial.

A: It provides police with an opportunity to search your home without major limitations.

Define "exigent circumstance." A) a situation that requires urgent action, sufficient to excuse a delay in obtaining a warrant. B) a situation in which a police officer violates a general rule or standard C) a situation in which a criminal violates general rules or standards D) an extraordinary circumstance that cannot be explained by the normal rules of physics E) a circumstance in which a police officer is in hot pursuit of a burglar caught in the act

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

Which of the following is an example of a Bill of Attainder? A) Bed linens sold within the United States must first be inspected by storeowners for purity of the materials. B) Members of the KKK shall not be permitted to purchase bed linens at any store. C) No store shall sell bed linens to customers on Saturdays or Sundays. D) A store shall charge the same price for the same bed linens, regardless of who the customer might be. E) There shall be no protest events held within twenty feet of the entrance of any store that sells bed linens.

B: Members of the KKK shall not be permitted to purchase bed linens at any store.

A person was tried for a murder three 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? A) No, because the evidence must be excluded as 'fruit of the poisonous tree.' B) No, because to do so would be double jeopardy. C) No, because to do so would constitute a bill of attainder. D) Yes, because there is no statute of limitations on murder. E) No, because evidence discovered that long after the crime would be evanescent evidence.

B: No, because to do so would be double jeopardy.

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? A) No. Doing so would violate the Constitution's ban on double jeopardy. B) No. Doing so would constitute a Bill of Attainder. C) Yes. Jeopardy does not attach until a jury or judge acquits the defendant. D) No. The evidence from the trial would now be excluded under the exclusionary rule. E) Yes, but the charges must be filed at the federal level

C: Yes. Jeopardy does not attach until a jury or judge acquits the defendant

Which of the following examples would be violation of the right to be free from unreasonable searches and seizures? A) A police officer is searching an office computer owned by an accounting firm for kiddie porn. He does not have a warrant, but he has permission from the president of the accounting firm to do so. B) A police officer bags a severed bloody finger that she found in your basement after obtaining a warrant to search your home as part of a murder investigation in which you are the prime suspect. C) A police officer enters Apartment B with a valid warrant in search of an escaped convict who may be hiding there. D) A 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. E) A police officer pulls over a speeding vehicle and notices that the driver has a bag of cocaine sitting on his dashboard. The officer arrests the driver on a drug charge.

D: A 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.

Which of the following is NOT true? A) Only in cases that would create a manifest injustice if the defendant were allowed to go free, does the federal government prosecute an individual who has already been tried and convicted or acquitted of an act that is a state crime and also a federal crime. B) Defendants can be compelled to provide some forms of physical evidence that can be used against them at trial. C) Police who have obtained a valid warrant may search property on tribal lands. D) If a search warrant is obtained and used, and later shown to have been flawed in some way, the police may not use the evidence obtained even though they took that evidence in good faith. E) To meet Constitutional standards, a search warrant must describe specifically "the place to be searched and the persons or things to be seized."

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

An officer arrests a person for an open bench warrant. During the arrest, he notices drug paraphernalia in the car. He files additional charges against the individual. The individual then notifies 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 rule? A) The court would exclude the evidence as per the exclusionary rule, and drop the additional charges. B) The court would allow the evidence, but note the objection as a basis for appeal. C) The person would have the basis for a civil suit against the municipality for failing to keep their warrant database up-to-date D) The evidence would be allowed in if the police proved they were acting in good faith when they made the discovery. E) The evidence would be allowed in if the police could independently produce corroborating evidence.

D: The evidence would be allowed in if the police proved they were acting in good faith when they made the discovery.

Which one of the following options does NOT describe the Right to Privacy? A) It was first discussed by Justice Brandeis in 1927 as "the right to be left alone." B) It is not explicitly given in the U.S. Constitution. C) It is derived from the combination of other Constitutional Amendments and previous case law. D) It is provided for directly in the Fourteenth Amendment. E) It has provided the legal basis for combating laws that discriminate against homosexuals.

D: it is provided for directly in the fourth amendment

Probable cause is; A) sufficient evidence that it is more likely than not that the allegations are true, and the standard of proof for conviction in a criminal case. B) sufficient evidence that it is very likely that the allegations are true and the standard required for the issuance of a search warrant. C) sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard of proof for conviction in a civil case. D) 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. E) the general suspicion that we all have about our neighbors.

D: 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.

A police officer seeking a search warrant must present to the magistrate: A) evidence showing that it is more than likely that a crime was committed. B) evidence showing that it is more than likely that the place to be searched is connected to the crime. C) evidence showing conclusively that a crime has been committed. D) evidence showing conclusively that the place being searched is connected to the crime. E) A and B.

E: A and B

Which of the following is/are true concerning probable cause? A) It is the standard of proof needed to arrest someone, pull over a vehicle, or get a search warrant. B) It is more than a suspicion, but less than what is needed to convict. C) It is the same standard as beyond a reasonable doubt. D) A, B, and C E) A and B only

E: A and B only

Select the option below that does NOT describe a Terry stop, also called a 'stop and frisk' stop. A) The name of the stop is based on a case in Ohio, in which a police officer stopped and frisked two men who seemed to be "casing" stores at night. B) A person who is stopped by a police officer cannot refuse to give the officer his/her name. C) A police officer may stop and frisk a person who appears to be of Arab descent because the police officer believes that he/she matches a description of a suspected terrorist from an All Points Bulletin. D) A police officer may stop and frisk a person who had done specific acts that made the police officer suspicious that he/she committed a crime. E) A police officer 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.

E: A police officer 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.

What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant? A) the informant's name and address B) other evidence corroborating the informant's information C) nothing, since magistrates tend to take the police at their word when issuing search warrants D) whether the officers have used the informant in the past, and whether the informant's information has been reliable E) B and D

E: B and D

Double Jeopardy is: A) prohibited by the Third Amendment. B) legal in the U.S. if a person has violated a federal law. C) a person being re-tried after the declaration of a mistrial. D) a person being tried in civil court after a previous criminal court ruled the person innocent concerning the same act. E) a person facing criminal charges after a previous criminal court ruled the person innocent concerning the same act.

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

Which of the following are exceptions to Mirandizing a suspect? A) statements the suspect volunteers including confessions B) routine questions such as age, name, address, etc. C) questions asked in the interest of public safety D) undercover officers E) all of the above

E: all of the above

Which of the following is an example of evanescent evidence? A) a driver's blood alcohol levels B) illegal drugs in moving car C) drugs in an apartment when police announce themselves and hear flushing sounds D) skin under a murder suspect's fingernails E) all of the above

E: all of the above

A person is convicted of a crime and appeals. If the Appeals Court agrees with the convicted person, what possible actions could it take? A) The Appeals Court could order a new trial. B) The Appeals Court could order the person released and bar a new trial, because under the circumstances a new trial would constitute double jeopardy. C) The Appeals Court always orders a new trial when it agrees with the convict's appeal. D) The Appeals Court always orders the person released and bars a new trial when it agrees with the convict's appeal E) either A or B

E: either A or B

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

bail

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

bill of attainder

The rule that a person can only be tried once for the same offense is _______________.

double jeopardy

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

evanescent evidence

The 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

The '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

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

false

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

irrebuttable

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

jackson-denno

The 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___________________ presumption.

rebuttable

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

rebuttable presumption

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

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

T/F: The Fourth 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