Evidence

According to the Court, the primary reason for excluding identification evidence obtained through unnecessarily suggestive circumstances is: a. To protect the defendant's right to a fair trial b. To prevent victims from making unsubstantiated accusations that could forever impact the liberty and reputation of the accused c. To deter law enforcement's use of improper lineups, show-ups, and photo arrays d. To ensure a fair and expeditious trial process

c. To deter law enforcement's use of improper lineups, show-ups, and photo arrays

What is the purpose of using models or diagrams in a trial? a. To confuse the jury b. To support hypothetical theories c. To illustrate testimony d. To establish motive

c. To illustrate testimony

The Sixth Amendment right to counsel applies: a. To state agents only b. To federal officers only c. To state and federal officers d. To any government employee

c. To state and federal officers

What approach does the Court take use when assessing a Miranda waiver? a. Strict scrutiny b. Intermediate scrutiny c. Totality of the circumstances d. The reasonable person standard

c. Totality of the circumstances

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial: a. To impeach the defendant if the defendant takes the witness stand b. To refresh a witness's recollection of the events when the witness is on the witness stand c. Under no circumstances d. To support the testimony of the arresting officer

c. Under no circumstances

Which of the following is not one of the three stages of eye witness identification? a. You view the crime. b. You remember what happened. c. You organize and complete your memories. d. You recall the event and identify the perpetrator.

c. You organize and complete your memories.

A(n) _____________ under the Fourth Amendment occurs when an individual is lawfully taken into custody. a. detention b. investigative stop c. arrest d. interrogation

c. arrest

Under the due process test, the Court has adopted the ________________ test to determine the admissibility of identification evidence. a. strict scrutiny b. rational basis c. totality of the circumstances d. clear and convincing evidence

c. totality of the circumstances

A ________________ was issued by a judge or government official and authorized searches anywhere, at any time, and for anything. a. general warrant b. writ of execution c. writ of assistance d. no-knock warrant

c. writ of assistance

A search incident to an arrest must be contemporaneous with the arrest. This means that the search must occur: a. Immediately before the arrest b. At the same time of the arrest c. Immediately after the arrest d. All of the above

d. All of the above

According to the U.S. Supreme Court, probable cause is: a. Based on common sense b. Based on a practical evaluation of the totality of the facts c. Based on law enforcement's expertise learned from their experience on the streets d. All of the above

d. All of the above

Bob's handwriting can be authenticated by: a. Anyone familiar with Bob's handwriting b. Only a qualified handwriting expert c. A co-conspirator who saw Bob write the ransom note d. All of the above

d. All of the above

Challenges that can be raised when an opposing party attempts to introduce a photograph into evidence include: a. That the photograph is overly prejudicial b. That the photograph was taken in a manner that distorts the scene c. That the photograph was taken recently and not close in time to the event d. All of the above

d. All of the above

Confessions are important to the criminal justice process because: a. They help police solve crimes where there is an absence of scientific evidence and witnesses. b. Acknowledging guilt is the first step toward rehabilitation c. Confessions facilitate both criminal convictions and exoneration of the innocent d. All of the above

d. All of the above

Direct observation is one way a police officer can establish probable cause to arrest an individual. Other ways a police officer can establish probable cause for an arrest include: a. Hearing an incriminating remark made by the suspect b. Smelling marijuana c. Frisking an individual d. All of the above

d. All of the above

Factors that must be considered when assessing the legality of the seizure of a person based on a profile include all of the following, except: a. Courts will examine the profile to determine whether the factors constitute reasonable suspicion. b. The suspect's actions are characteristic of an individual engaged in illegal activity. c. The totality of the circumstances must justify the seizure. d. All of the above

d. All of the above

In 1886, the U.S. Supreme Court, adopted the property rights theory that: a. Protected persons against an actual physical entry into the home b. Protected persons against a physical examinations of an individual and his or her papers or possessions c. Protected persons, houses, papers, and personal effects d. All of the above

d. All of the above

In which of the following is there no reasonable expectation of privacy? a. The contents of a conversation that takes place between the host and several guests at a cocktail party at the host's home b. Comments that a person posts on a discussion forum on the office bulletin board c. Contents of a letter received by a party who shares the letter with the neighbor d. All of the above

d. All of the above

The U.S. Supreme Court has stated that motor vehicles have a reduced expectation of privacy, which justifies the warrantless search of a motor vehicle because: a. Vehicles travel on public highways b. The interior and the exterior of automobiles is easily observable by a plain view search c. Individuals rarely store their personal items in their vehicle d. All of the above

d. All of the above

The legal test for consent to search is that the consent must be voluntary and may not be the result of: a. Duress b. Express coercion c. Implied coercion d. All of the above

d. All of the above

The plain-feel doctrine: a. Expands Terry b. Is based on an officer's touch c. Requires that the object must be immediately apparent to the officer d. All of the above

d. All of the above

The right against self-incrimination applies to which of the following? a. Requiring a defendant to reveal identifying characteristics b. Requiring the defendant to provide a handwriting sample c. Requiring the defendant to give testimony at trial d. All of the above

d. All of the above

The source of privileges in today's courts includes: a. The Federal Rules of Evidence b. Common law c. Legislative enactments d. All of the above

d. All of the above

Which of the following are reasons why a document must be authenticated? a. To ensure that a document introduced at trial meets a minimum standard of reliability b. To ensure that a document introduced at trial is not a forgery c. To establish that a document does, in fact, exist d. All of the above

d. All of the above

Which of the following impact a person's memory, posing a danger to eye witness identifications? a. Memories fade and change with time. b. Memories can be modified through the power of suggestion. c. Human nature makes us want to forget painful memories. d. All of the above

d. All of the above

Which of the following is true about an involuntary confession? a. It violates an individual's liberty to make a voluntary choice of whether to confess. b. It may ultimately lead to imprisonment. c. It may lead to a loss of liberty. d. All of the above

d. All of the above

Which of the following justifies grand jury secrecy? a. The confidentiality of proceedings protects the independence and free deliberations of the grand jury. b. The secrecy protects individuals required to testify before the grand jury and encourages witnesses to testify openly without fear of retribution. c. Confidentiality helps to ensure that individuals who may be indicted do not flee the jurisdiction to avoid impending criminal charges. d. All of the above

d. All of the above

Which of the following represent the Court's opinion as to when exigent circumstances justify making an arrest without a warrant? a. When the exigencies of the situation make the needs of law enforcement so compelling that that the warrantless search is objectively reasonable under the Fourth Amendment b. When a delay in the course of the investigation would gravely endanger their lives or the lives of others c. When speed is an essential element of police actions and acting without a warrant is imperative d. All of the above

d. All of the above

In the 1961 case Mapp v. Ohio, the U.S. Supreme Court took the following stance regarding the Exclusionary Rule and state courts: a. The Fourth Amendment right to privacy, through the Due Process Clause of the Fourteenth Amendment, is enforceable against the states by using the same sanction of exclusion that is used against the federal government. b. The exclusionary rule is "part and parcel" and is "an essential part "of the Fourth Amendment. c. The exclusionary rule is a safeguard because of its deterrent effect rather than a personal constitutional right of privacy. d. All of the above are correct.

d. All of the above are correct.

The legal standard for third party consent searches is: a. If police rely on an individual who possesses common authority over the premises to be searched, the consent is valid. b. If the police reasonable rely on consent from an individual who, in fact, lacks common authority, the consent is valid. c. The police may rely on the consent of individuals exercising actual authority as well as apparent authority. d. All of the above are correct.

d. All of the above are correct.

Under Federal Rule of Evidence 804, a witness is considered "unavailable" when: a. The declarant is exempted from testifying based on a privilege. b. The declarant is dead. c. The declarant cannot be located after a good faith search. d. All of the above are correct.

d. All of the above are correct.

Which of the following represents a true statement about the Court's approach to the length of Terry detentions? a. The Court uses the totality of the circumstance approach in evaluating this issue. b. The Court examines whether the police acted in a diligent and responsible manner in discharging their responsibilities. c. The Court examines the role the defendant played in the length of the detention. d. All of the above are correct.

d. All of the above are correct.

Prior statements by a witness that are not considered hearsay and are admissible as substantive proof include all of the following, except: a. Prior inconsistent statement b. Prior consistent statements c. Prior identifications d. All of the above are not considered hearsay.

d. All of the above are not considered hearsay.

Which of the following statements is true about testimonial privilege? a. The holder of the privilege can waive the privilege. b. The holder of the privilege can invoke the privilege and refuse to testify. c. The holder of the privilege can prevent the other party to the privilege from testifying. d. All of the above are true.

d. All of the above are true.

Which of the following statements is true about the silver platter doctrine? a. The silver platter doctrine was the process whereby evidence was "served" by state law enforcement officers to federal prosecutors on a "silver platter." b. The silver platter doctrine was used by federal agent to circumvent the exclusionary rule. c. The silver platter doctrine was ruled unconstitutional by the U.S. Supreme Court in 1960 in Elkins v. United States. d. All of the above statements are true.

d. All of the above statements are true.

A marital communication may not be privileged if: a. The communication was overheard by other persons b. The communications were read by other persons c. Other individuals had access to the communications d. All of the above.

d. All of the above.

Documents can be authenticated by: a. Witness testimony b. A lay opinion on the handwriting in the document c. A handwriting expert d. All of the above.

d. All of the above.

Reasonable suspicion can be based on: a. Police officer observations b. Information from a victim c. Information from a police bulletin d. All of the above.

d. All of the above.

In Chimel v. California, the Court stated three purposes for allowing a police officer to search a person who has been arrested. The reasons stated by the Court include: a. To seize weapons that may harm the officer, could be used to resist arrest, or used to flee b. To prevent the destruction or concealment of evidence c. To exert control over the suspect and limit his or her right to privacy d. Both a and b

d. Both a and b

__________ is a method created by the Court to limit the impact of the exclusionary rule. a. Standing b. Exceptions to the application of the exclusionary rule c. The silver platter doctrine d. Both a and b

d. Both a and b

Which of the following statements is correct? a. Once probable cause is established through aerial surveillance that contraband can be found in a person's yard, the officer does not need a warrant to enter the property and seize the contraband. b. Contraband that is discovered through aerial surveillance can be used to establish probable cause to obtain a search warrant to enter the property and seize the contraband. c. Aerial surveillance can be used to detect the existence of contraband in one's yard, but a warrant is still required to enter the property to seize the contraband. d. Both b and c are correct.

d. Both b and c are correct.

A search warrant requires particularity, meaning: a. The warrant must state the specific address of where the search will occur. b. The warrant must identify the specific objects that are likely to be found in the search. c. The warrant must identify the specific persons associated with the specific address and objects. d. Only a and b

d. Only a and b

Under which of the following circumstances is the communication between a physician and patient subject to privilege? a. When the communication is made to the doctor in search of a diagnosis for the illness b. When the communication is made by the patient during treatment for the ailment c. When the communication is made during an examination for insurance coverage d. Only a and b

d. Only a and b

The recognized privileges generally have certain common requirements. Which of the following represents a common requirement? a. The statement must have been made or communicated in confidence. b. The holder of the privilege may waive the privilege. c. Privilege ends with the death of one of the holders of the privilege. d. Only a and b are correct.

d. Only a and b are correct.

Which of the following reflects the U.S. Supreme Court's view on police reliance on technology to obtain a warrant? a. Technology may be used without a search warrant to enhance observation of an area or object already in plain view. b. Technology may not be used without a warrant founded on probable cause to engage in the surveillance of the interior of a home in order to detect activity that otherwise would not be revealed without physically entering the home. c. Technology cannot be used without a search warrant to enhance any object located in the home or curtilage. d. Only a and b are correct.

d. Only a and b are correct.

In 1928, in Olmstead v. United States, the U.S. Supreme Court examined the issue of whether evidence gathered through warrantless wiretaps of home and business telephone lines was obtained in violation of the Fourth Amendment. The majority of the justices found that: a. The evidence—conversations—was heard and did not amount to a search and seizure of a physical object. b. The defendant had no reasonable expectation of privacy when transmitting information over telephone lines that he did not own. c. While the telephone lines did enter the home, the wiretaps were placed outside of his home and thus did not amount to an intrusion into the home. d. Only a and c

d. Only a and c

Which of the following must an arrest warrant describe with "particularity?" a. The name of the person to be arrested b. A description of the person to be arrested c. The time and place that the offense took place d. Only a and c

d. Only a and c

All of the following explain why admissions are an exception to the hearsay rule, except: a. An admission is typically reliable. b. The party making the statement can stake the stand and testify. c. The Federal Rules do not categorize admissions as hearsay. d. People should not be held responsible for their statements that are not tested for truthfulness.

d. People should not be held responsible for their statements that are not tested for truthfulness.

In the last 3 decades, the U.S. Supreme Court has relied on the good faith exception to the exclusionary rule to uphold the constitutionality of searches in five circumstances. These include all of the following, except: a. Reliance on a warrant b. Reliance on assurance by a judge that the warrant meets the Fourth Amendment standards c. Reliance on the apparent authority of a third party to consent d. Reliance on a statute that had been declared unconstitutional before the warrant was issue

d. Reliance on a statute that had been declared unconstitutional before the warrant was issue

In Wolf v. Colorado, the U.S. Supreme was called on to address whether evidence seized in violation of the Fourth and Fourteenth Amendments could be used in state court and held that: a. The exclusionary rule that applied to defendants in federal court also applied to defendants in state court. b. The exclusionary rule was an explicit requirement of the Fourth Amendment and equally applicable to the state and federal courts. c. The exclusionary rule was a judiciary creation to expedite the trial process. d. State courts were not required to exclude from trial evidence that was seized in violation of the Fourteenth Amendment.

d. State courts were not required to exclude from trial evidence that was seized in violation of the Fourteenth Amendment.

How did the Court apply their holding in Belton when asked in Thornton v. United States to decide whether the police could search an individual's vehicle when the individual had exited the vehicle before being approached by the police officer and placed under arrest? a. The Court held that Belton applied only to those situations where the individual was in the vehicle at the time the police officer made the initial contact and was subsequently placed under arrest. b. The Court held that Belton applied to persons who had exited their vehicle prior to any contact with the police office and was subsequently placed under arrest. c. The Court overturned Belton, holding that once the person is outside of the vehicle and under arrest there is little risk that the individual could access weapons or contraband that was inside the vehicle. d. The Court modified Belton¸ permitting search of the passenger compartment of a vehicle only in those situations in which the car might contain evidence relevant to the crime for which the individual was arrested.

d. The Court modified Belton¸ permitting search of the passenger compartment of a vehicle only in those situations in which the car might contain evidence relevant to the crime for which the individual was arrested.

Which of the following is true about consent to search? a. The burden is on the individual to prove that consent was not given voluntarily. b. The burden of proof required to show the voluntariness of consent is beyond a reasonable doubt. c. The Court developed a bright line test to assess if consent was given voluntarily. d. The burden is on the prosecution to establish the voluntariness of consent.

d. The burden is on the prosecution to establish the voluntariness of consent.

What two interests were balanced by the U.S. Supreme Court in the establishment of the reasonable suspicion standard? a. The letter of the law and the spirit of the law b. The "temporary" detention, which is not protected by the Fourth Amendment and an arrest, which is covered by the Fourth Amendment. c. The rights of society at large to be safe from criminal activity and the rights of a police officer to protect society from harm d. The need for swift action by the police to investigate and detect crime and the modest intrusion on individual privacy

d. The need for swift action by the police to investigate and detect crime and the modest intrusion on individual privacy

Which of the following describes the conditions that need to be met under the Aguilar-Spinelli test? a. The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the informant's information must be consistent with law enforcement's knowledge of the alleged criminal activity. b. The police officer must indicate how the informant obtained knowledge of the criminal activity, and the officer is able to corroborate a significant number of the details. c. The informant's information must be consistent with law enforcement's knowledge of the alleged criminal activity, and the officer is able to corroborate a significant number of the details. d. The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the police officer must indicate how the informant obtained knowledge of the criminal activity.

d. The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the police officer must indicate how the informant obtained knowledge of the criminal activity.

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant. a. voluntarily b. knowingly c. intelligently d. all of the above

d. all of the above

in United States v. Wade, the U.S. Supreme Court held that an individual had no right to an attorney to observe _____________. a. the taking of fingerprints b. the taking of a hair sample c. the taking of blood samples d. all of the above

d. all of the above

The following statement is not a correct statement about the collateral proceedings exception: a. The collateral proceedings exception excludes unlawfully seized evidence from all criminal proceedings associated with the charges, up to and including the formal trial. b. The collateral proceedings exception permits the use of unlawfully seized evidence in all criminal proceedings, excluding it only from the formal trial. c. The collateral proceedings exception is rooted in the belief there is an interest in a full presentation of the facts. d. Excluding evidence from proceedings other than the formal trial provides little additional deterrence from police misconduct.

a. The collateral proceedings exception excludes unlawfully seized evidence from all criminal proceedings associated with the charges, up to and including the formal trial.

A police officer conducted an unlawful search of Fred's vehicle. When the police office momentarily stepped away from the vehicle, Fred sped away. With the police officer in pursuit, Fred opens the window in the vehicle and voluntarily throws narcotics out the vehicle's window. The drugs are subsequently seized by the police in Fred's arrest for possession of narcotics. Fred files a motion to suppress the narcotics. Applying the attenuation exception, how would the court rule on Fred's motion? a. The court would deny Fred's motion. b. The court would grant Fred's motion. c. The court would defer a decision on Fred's motion pending the outcome of the trial. d. The court would dismiss Fred's motion for lacking standing.

a. The court would deny Fred's motion

Which of the following represents the rationale for carving exceptions out of the exclusionary rule? a. The exclusionary rule is a constitutional rule intended to deter the police and protect the integrity of the court. b. The exclusionary rule is a judge-made remedy designed to deter unreasonable searches and seizures. c. There are times when the amount of deterrence gained from excluding evidence from trial is outweighed by the cost to society that results from the exclusion. d. Both b and c

a. The exclusionary rule is a constitutional rule intended to deter the police and protect the integrity of the court.

Which of the following statements are true about the clergy-penitent privilege? a. The holder of the privilege is the penitent. b. The clergy can claim the privilege on behalf of the penitent if the clergy is called to testify. c. The clergy can refuse to testify in some circumstances even when the penitent has waived the privilege. d. All of the above statements are true.

a. The holder of the privilege is the penitent.

Which of the following statement is true regarding authentication of a document? a. The party introducing the document bears the burden of authenticating the document. b. The party against whom the document is offered has the burden of disproving the authenticity of the document. c. Once authenticated, the jury adjudicating the defendant's guilt or innocence must accept the document as fact. d. Once authenticated, the opposing party cannot question the document's contents.

a. The party introducing the document bears the burden of authenticating the document.

Which of the following statements is true about the physician-patient privilege? @ Cognitive Domain: Understanding; Answer Location: p. 232; Question Type: MS a. The physician-patient privilege was first recognized in a 1928 New York statute. b. The physician-patient privilege is recognized by the federal courts. c. The physician-patient privilege is a product of common law. d. Both a and c are correct.

a. The physician-patient privilege was first recognized in a 1928 New York statute.

Which of the following statements is true about the physician-patient privilege? a. The privilege belongs to the patient. b. The doctor cannot assert the privilege at trial if the patient is not present at the trial. c. If the patient waives the privilege, the physician can exercise the privilege and cannot be compelled to testify. d. The privilege applies when an outside, nonessential third party is present during the conversation with the doctor.

a. The privilege belongs to the patient.

19. One of the key arguments in support of the exclusionary rule is that the exclusionary rule deters the police, thus serving to prevent future violations, not repair past violations. a. True b. False

a. True

An adoptive admission occurs when a person through words or actions accepts the statement of another person. a. True b. False

a. True

Compelling an accused to produce a handwriting exemplar does not violate the accused's right against self-incrimination. a. True b. False

a. True

In the so-called false friend cases, the Court took the position that a person assumes the risk that the person he or he is communicating with may be working as a government agent or informant. a. True b. False

a. True

Most arrests take place without a warrant. a. True b. False

a. True

Police officers need no warrant or probable cause to enter an open field. a. True b. False

a. True

Prior consistent statements made by a witness are admissible to rehabilitate the witness at trial. a. True b. False

a. True

Probable cause is a matter of probabilities and not certainties. a. True b. False

a. True

Race may be considered a factor in determining whether there is reasonable suspicion. a. True b. False

a. True

The issue before the Court in Katz was whether Katz had a reasonable expectation of privacy when making a call from a glass-enclosed telephone booth. a. True b. False

a. True

The primary purpose of searches and seizures of law enforcement officers is to collect items that will assist law enforcement in the investigation of unlawful activity. a. True b. False

a. True

The 1963 case Wong Sun v. United States tested which exception the exclusionary rule? a. Collateral proceedings b. Attenuation c. Good faith exception d. Inevitable discovery exception

b. Attenuation

The ____________________ of the Sixth Amendment limits the use of hearsay. a. double jeopardy clause b. Confrontation Clause c. right to an attorney d. right against self-incrimination

b. Confrontation Clause

______________ is evidence that is discovered as a result of the unlawfully seized items. a. Direct evidence b. Derivative evidence c. Relevant evidence d. Admissible evidence

b. Derivative evidence

The U.S. Supreme Court has identified four factors to help a police officer distinguish curtilage from open fields. Those four factors are: a. Enclosure, size, distance, and function b. Distance, enclosure, function, and protection c. Enclosure, function, size, and protection d. Function, purpose, size, and enclosure

b. Distance, enclosure, function, and protection

Lineups, show-ups, and photographic identifications are examples of: a. Witness verification b. Eye witness identification c. Seizures under the Fourth Amendment d. Entrapment

b. Eye witness identification

A declarant, as defined by the hearsay rule, is a person who makes an out-of-court statement. a. True b. False

b. False

An arrest triggers the defendant's entitlement to counsel if the police opt to do any lineups, show-ups, or photographic identification procedures. a. True b. False

b. False

Identification procedures must comply with the Fourth, Fifth, and Fourteenth Amendments. a. True b. False

b. False

Reasonable suspicion is assessed from the subjective viewpoint of the police officer. a. True b. False

b. False

The U.S. Supreme Court prohibits police reliance on photographs of suspects despite the risk of misidentification. a. True b. False

b. False

The process for the issuance of an arrest warrant is an adversarial process. a. True b. False

b. False

The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial. a. True b. False

b. False

The first step taken when challenging the reasonableness of a search is: a. Resist arrest b. File a pretrial motion challenging the search c. Flee the court's jurisdiction until a judicial determination is made on the constitutionality of the evidence d. File a civil suit to recover the illegally seized evidence

b. File a pretrial motion challenging the search

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect. a. Express questioning b. Functional equivalent of express questioning c. Incriminating questioning d. Investigative questioning

b. Functional equivalent of express questioning

The psychotherapist-patient privilege would not prevent a therapist from testifying: a. About communications between the psychotherapist and the patient during the patient's diagnosis b. In a court-ordered mental exam c. Without a waiver of the privilege by the patient d. About communications made by the patient during the treatment of the patient's emotional disorder

b. In a court-ordered mental exam

The primary cause of false convictions is: a. An improper lineup b. Misidentification of a suspect c. Refusal to identify a suspect d. Misleading lineups

b. Misidentification of a suspect

The Fifth Amendment protection against self-incrimination encompasses all of the following, except: a. Trial testimony b. Participation in a lineup c. Oral confessions d. Personal documents

b. Participation in a lineup

Evidence, such as oral testimony, that a party seeks to rely on to prove the contents of an original document is: a. Inadmissible evidence b. Secondary evidence c. Hearsay evidence d. Immaterial evidence

b. Secondary evidence

Once an individual is stopped pursuant to a Terry stop, which of the following can occur without the stop amounting to an arrest? a. The stopped individual can be taken to police headquarters for questioning. b. The stopped individual can be placed in a police interrogation room for questioning. c. The stopped individual can be moved involuntarily to protect his or her safety and security. d. The suspect cannot be moved from the stop location without being arrested.

c. The stopped individual can be moved involuntarily to protect his or her safety and security.

Which of the following is not one of the functions that identifications serve in the criminal justice process? a. They narrow the range of individuals under investigation. b. They eliminate suspects from being under investigation. c. They are conclusive proof at trial that the person charge is the person who committed the offense. d. They can lead to formal charges being filed against an individual.

c. They are conclusive proof at trial that the person charge is the person who committed the offense

To meet the constitutional requirements, how must a police officer recite the Miranda warnings? a. The officer must recite the warnings exactly as written on the card provided by his or her agency. b. There is no specific manner so long as a reasonable person would understand the essential information being conveyed. c. There is no specific manner so long as the warnings viewed in their totality convey the essential information to the suspect. d. There is no specific manner so long as the suspect acknowledges that he or she understood the essential information being conveyed.

c. There is no specific manner so long as the warnings viewed in their totality convey the essential information to the suspect.

People innocent of the particular offense who are recruited by police to participate in a lineup include: a. Fillers, foils, and distractors b. Foils, distractors, and impersonators c. Distractors, impersonators, and stand-ins d. Impersonators, stand-ins, and fillers

a. Fillers, foils, and distractors

The warrant requirement is found in the ________ Amendment. a. Fourth b. Fifth c. Sixth d. Fourteenth

a. Fourth

How did the Court distinguish a Terry stop from a custodial arrest? a. A Terry stop is conducted for a narrow investigative purpose and creates a limited intrusion on individual liberty. b. A Terry stop is not subjected to the protections of the Fourth Amendment by its very nature, which is to delay an individual until the police can secure a warrant. c. A Terry stop is, in essence an arrest, which the police terminate as soon as they can establish that the individual is not involved in criminal activity. d. A Terry stop is conducted on the street and not at the police station, and the person is free to end the encounter without any police action.

a. A Terry stop is conducted for a narrow investigative purpose and creates a limited intrusion on individual liberty.

In which of the following places can the police enter without a warrant? a. A business that is open to the public b. The employee break room of a business that is open to the public c. The employee offices of a business that is open to the public d. None of the above can be entered without a warrant.

a. A business that is open to the public

Which of the following persons would qualify to give testimony concerning the detection of erasures or modifications to a document that is being introduced in trial? a. A handwriting expert b. A forensics document examiner c. A lay person who is familiar with the author's handwriting d. None of the above.

a. A handwriting expert

Which of the following statements is correct? a. A person has the highest expectation of privacy in his or her own home. b. A person has the same expectation of privacy in his or her home as he or she does in the area immediately surrounding the home. c. A person has no reasonable expectation of privacy on his or her front porch that is open to the street. d. A person has a reasonable expectation of privacy in all the land the he or she owns surrounding his or her home.

a. A person has the highest expectation of privacy in his or her own home

In New York v. Belton, the Court applied their ruling in Chimel, to an automobile search and held that: a. Articles within the passenger compartment are within the area in which an individual might reach to grab a weapon or evidence of a crime. b. When arresting an individual in an automobile, the officer may search the passenger compartment of the automobile so long as the search is conducted contemporaneously with the arrest. c. Containers within the individual's reach may be searched so long as the search is conducted contemporaneously with the arrest. d. All of the above

a. Articles within the passenger compartment are within the area in which an individual might reach to grab a weapon or evidence of a crime.

The scope of the clergy-penitent privilege includes: a. Communications made while seeking spiritual guidance b. Communications made during marriage counseling c. Communications made during religious education sessions d. Both a and b

a. Communications made while seeking spiritual guidance

___________ is evidence that is obtained as a result of an unreasonable search. a. Direct evidence b. Derivative evidence c. Relevant evidence d. Admissible evidence

a. Direct evidence

The ______________ is a practice where federal agents rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court. a. Exclusionary rule b. Fruit of poisonous tree doctrine c. Silver platter doctrine d. Alternate source doctrine

a. Exclusionary rule

The Miranda warning is intended to protect individuals from what the Court called the "inherently coercive" pressures of police interrogation. Which of the following describes an "inherently coercive" pressure that was of concern to the Court? a. Individuals in detention are isolated from family, friends, and lawyers in unfamiliar surroundings. b. Police manuals instruct officers how to minimize the seriousness of the offense during interrogation. c. Police use of "false lineups" and fictitious witnesses against persons under investigation. d. All of the above

a. Individuals in detention are isolated from family, friends, and lawyers in unfamiliar surroundings.

Under the Federal Rules of Evidence, a prior consistent statement: a. Is admissible to rehabilitate a witness on redirect examination after the witness has been impeached on cross-examination b. Is admissible only if the prior consistent statement was made under oath or under penalty of perjury c. Is considered a waste of the court's time and is therefore inadmissible d. Is irrelevant and serves to confuse the jury and is therefore inadmissible

a. Is admissible to rehabilitate a witness on redirect examination after the witness has been impeached on cross-examination

One criticism of testimonial privilege is: a. It inhibits the truth. b. It is easily abused. c. It is difficult to invoke. d. It can be overruled by the court.

a. It inhibits the truth.

Which of the following represents the Court's position on third-party consent when the premise is co-occupied? a. Police cannot rely on the consent to a search by one co-tenant when the other co-tenant objects to the search. b. Police may remove a co-tenant from the premises in order to prevent him or her form objecting to a search. c. Police are required to seek out a co-tenant of a premises to determine if he or she approves or objects to a search. d. If a co-occupant is in custody at the time the consent to search is requested, that co-occupant loses his or her right to approve or object to the search.

a. Police cannot rely on the consent to a search by one co-tenant when the other co-tenant objects to the search.

Potential problems and challenges of confessions for the criminal justice system include: a. Police officers may use coercive psychological or physical methods to extract confessions. b. The danger of a false confession resulting in a true confession is virtually nonexistent. c. Wealthy and educated persons are more likely to talk to the police, thus benefitting from lesser charges of lighter sentences agreed to during plea bargaining. d. It speeds up the adversarial process of the criminal justice system, expediting convictions.

a. Police officers may use coercive psychological or physical methods to extract confessions.

A Terry stop is based on: a. Reasonable suspicion b. Probable cause c. Clear and convincing evidence d. Beyond a reasonable doubt

a. Reasonable suspicion

Addressed by the Court in Hiibel, the stop-and-identify statutes: a. Required individuals to present identification during a reasonable suspicion stop b. Authorized police officers to make random stops of individuals to obtain identification as part of police efforts to arrest persons with outstanding warrants c. Authorized police officers to check a person's identity near U.S. borders to help enforce U.S. immigration laws d. Required police officers to detain a person who does not have identification on his or her person until such time as the person' identity can be established

a. Required individuals to present identification during a reasonable suspicion stop

Which of the following is not one of the three constitutional provisions relied on by the judiciary to ensure that convictions are obtained through fair procedures? a. The Fourth Amendment right to privacy clause b. The Fifth Amendment self-incrimination clause c. The Sixth Amendment right to counsel d. The Fourteenth Amendment due process clause

a. The Fourth Amendment right to privacy clause

The oldest privilege protecting the confidentiality of communication is: a. The attorney-client privilege b. The clergy-penitent privilege c. The physician-patient privilege d. The husband-wife privilege

a. The attorney-client privilege

A death certificate is considered self-authenticating only when: a. The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original. b. The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is the original document. c. The certificate bears the official seal of the relevant government agency, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity. d. The certificate is signed by an authorized government official indicating that the document is the original document, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity.

a. The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original.

Which of the following statements is true about voice communication as evidence? a. Voice communications must be authenticated when a party wants to establish that a statement was made by a specific person. b. Voice communications are inadmissible as evidence as unreliable evidence. c. Voice communications are admissible only when the person who was recorded authenticates the communication. d. Voice communications must be authenticated by the opposing party before being introduced into any legal proceeding.

a. Voice communications must be authenticated when a party wants to establish that a statement was made by a specific person.

The U.S. Supreme Court used the following rationale to justify how the search of the passenger compartment of a vehicle can fall under the scope of a Terry frisk for weapons: a. When a police officer possesses a reasonable belief that the suspect is potentially dangerous and may gain immediate control of weapons b. When, following the initial inquiry permissible under Terry, the officer establishes probable cause that the driver of the vehicle has weapons inside the vehicle c. The Court held that such actions are an unconstitutional search under the Fourth Amendment since they require the officer to exceed the detention period permissible under Terry. d. When a police officer obtains consent from the owner of the vehicle and conducts a search of the vehicle that is minimally intrusive

a. When a police officer possesses a reasonable belief that the suspect is potentially dangerous and may gain immediate control of weapons

At what point during a police encounter is Miranda triggered? a. When the individual is under police control and is questioned in an isolated and unfamiliar environment. b. When the individual is questioned as a person of interest or person with knowledge of a crime c. During any investigative questioning in the field d. When engaged in general questioning of an individual present at the crime scene

a. When the individual is under police control and is questioned in an isolated and unfamiliar environment.

Factors considered by the court in determining whether or not property was abandoned include: a. Where the property was found b. The condition of the property c. The type of property d. All of the above

a. Where the property was found

What question does a court typically ask when determining if a person is under arrest? a. Whether the police officer announced that the person was under arrest b. Whether a reasonable person would feel free to leave c. Whether the person felt free to leave d. Whether the police encounter took place in pubic or in private

a. Whether the police officer announced that the person was under arrest

in ________________ the U.S. Supreme Court, held that the requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment, and therefore unreasonable searches and seizures by state officials were prohibited. a. Wolf v. Colorado b. Weeks v. United States c. Elkins v. United States d. Terry v. Ohio

a. Wolf v. Colorado

If the government can prove, by a preponderance of the evidence, that without a doubt the evidence would have been discovered in the same condition in a lawful fashion, the evidence may be admitted into evidence as the _______________ exception to the exclusionary rule. a. inevitable discovery b. independent source c. good faith d. attenuation

a. inevitable discovery

A warrant is issued based on ____________. a. probable cause b. reasonable suspicion c. the totality of the circumstance d. the need to control crime

a. probable cause

What is the U.S. Supreme Court's position on a police officer requiring the driver and the passengers of a vehicle to get out of the vehicle during a Terry stop? a. Such acts are never permissible because the acts exceed the level of intrusion into a person's liberty that is permissible under Terry. b. Such acts are permissible because the concerns for officer safety outweigh the di minimis intrusion of the liberty of the vehicle's occupants. c. Removing a passenger from a vehicle is permissible only when the officer reasonable believes that the passenger poses a threat. d. Removing a passenger from a vehicle is permissible only when the police officer has reasonable suspicion to order the passenger out of the vehicle.

b. Such acts are permissible because the concerns for officer safety outweigh the di minimis intrusion of the liberty of the vehicle's occupants.

The U.S. Supreme Court has divided a person's home and the land surrounding one's home into three separate categories. Which of the following is not one of the three categories? a. The home b. The detached garage c. The curtilage d. The opens fields

b. The detached garage

If evidence was seized from a warrantless search, which of the following statements is true? a. The defendant bears the burden of proving that the evidence was seized without probable cause. b. The law enforcement officers bear the burden of proving that the search constituted an exception to the search warrant requirement. c. The evidence is automatically suppressed if seized without a warrant. d. Both a and c are correct.

b. The law enforcement officers bear the burden of proving that the search constituted an exception to the search warrant requirement.

Typical explanations for knock and announce rule include all of the following, except: a. The rule protects against individuals thinking that their home is being burglarized and responding to the perceived threat in self-defense. b. The rule provides police with the opportunity to execute the warrant in a nonhostile environment and to obtain more evidence with the cooperative home owner. c. The rule allows the home owners time to prepare for the police to enter their homes and avoid embarrassment had the police just walked in on them without notice. d. The rule gives the home owner time to open the door rather than have police destroy his or her property to gain entry into the home.

b. The rule provides police with the opportunity to execute the warrant in a nonhostile environment and to obtain more evidence with the cooperative home owner.

Under Chimel, if Tom is arrested in his home pursuant to an arrest, what is the permissible scope of a search that can be conducted by the police officers once the arrest warrant is executed? a. The search area is limited to Tom's person. b. The search area includes Tom's person and the area of Tom's immediate control. c. The search area extends to Tom's person and to all areas of the home where Tom had access or exercised dominion and control. d. None of the above are correct.

b. The search area includes Tom's person and the area of Tom's immediate control.

To determine if an interaction between a police officer and a civilian is an encounter or a seizure, the courts apply the ____________ test. a. Clear and convincing evidence b. Totality of the circumstances c. Preponderance of the circumstances d. Reasonable suspicion

b. Totality of the circumstances

The exclusionary rule was established by the U.S. Supreme Court in in 1914 in ______________. a. Wolf v. Colorado b. Weeks v. United States c. Elkins v. United States d. Terry v. Ohio

b. Weeks v. United States

Under the Court's ruling in Atwater v. City of Lago Vista, the Court addressed the question of whether the Fourth Amendment prohibits a custodial arrest for an offense that is not punishable by jail when there is no immediate need for detention of the suspect. The Court held: a. When officers have an option, as they did in Atwater, to make an arrest or issue a citation, the Fourth Amendment dictates that the officers employ the least intrusive method of deterring the criminal activity. b. When officers have probable cause to believe that an individual has committed even a minor criminal offense in their presence, they may make an arrest without violating the Fourth Amendment. c. Officers bear the burden of knowing which statutes permit the issuance of a citation and required, under the Fourth Amendment, to be sufficiently trained to make that determination in the heat of the moment. d. Officers are required by the Fourth Amendment to balance the rights of the individual offender against the need to protect society before making a determination if a minor criminal offense committed in their presence warrants an arrest.

b. When officers have probable cause to believe that an individual has committed even a minor criminal offense in their presence, they may make an arrest without violating the Fourth Amendment.

A(n) ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. a. present sense impression b. excited utterance c. statement against one's interest d. a party-opponent admission

b. excited utterance

Miranda warnings are required only for felonies. a. True b. false

b. false

An opposing lawyer's attack on a witness's credibility during cross-examination is called ___________. a. an objection b. impeachment c. insurrection d. narrative

b. impeachment

A(n) ____________________ occurs when law enforcement officers demonstrate their authority through conduct that would lead a reasonable person not to feel free to leave or terminate the encounter. a. physical seizure b. show of force seizure c. use of force seizure d. official command seizure

b. show of force seizure

A border search is an example of a(n) _____________ search. a. administrative b. special-needs c. special-exception d. national security

b. special-needs

In assessing the voluntariness of confessions, the courts apply the _____________ test. a. subjectively reasonable person b. totality of the circumstances c. objectively reasonable person d. bright-line test

b. totality of the circumstances

In Payton v. New York, the Court answered the question of whether an individual can be arrested in his or her home without an arrest warrant. Which of the following represent the Court's response to this question? a. A person can be arrested in his or her home without an arrest warrant under exigent circumstances. b. A person can be arrested in his or her home without an arrest warrant if the person consents to the arrest. c. Absent exigent circumstances or consent, a person cannot be arrested in his or her home without an arrest warrant if the police officer has probable cause and has reason to believe the person is inside his or her home. d. All of the above represent the Court's response to this question.

c. Absent exigent circumstances or consent, a person cannot be arrested in his or her home without an arrest warrant if the police officer has probable cause and has reason to believe the person is inside his or her home.

Under the Wade-Gilbert rule, a suspect has a constitutional right to an attorney: a. At any lineup, whether a suspect or not b. At any post-arrest lineup c. At any post-indictment lineup d. At any lineup where he or she is a prime suspect

c. At any post-indictment lineup

A review of the constitutionality of the use of non-deadly force to effectuate an arrest is: a. Based on the rational basis test b. Based on whether the officer's actions were subjectively reasonable under the totality of the circumstances c. Based on whether the officer's actions were objectively reasonable under the totality of the circumstances d. Based on the two-prong Aguilar-Spinelli test

c. Based on whether the officer's actions were objectively reasonable under the totality of the circumstances

Areas of inquiry by a court when assessing issues of use of force by police when making an arrest include: a. Was it reasonable for the police to have used physical force in making the arrest? b. How much force was reasonable for the police to have used under the circumstances? c. Both a and b d. Either a or b

c. Both a and b

The Court looks at which of the following in assessing whether or not reasonable suspicion existed for a stop? a. Whether the officer had specific and articulable facts, that together with a rationale inference drawn from those facts, reasonably suggest that a person has committed or is about to commit a crime b. Whether a reasonable person, looking at the facts the officer relied on, would determine that the facts reasonably suggest that a person has committed or is about to commit a crime c. Both a and b d. Neither a nor b

c. Both a and b

What challenges can be raised to question the validity of a warrant that was issued? a. Lack of probable cause to support the issuance of the warrant b. Proper procedures were not followed in issuing the warrant c. Both a and b d. None of the above

c. Both a and b

A statement describing or explaining an event or condition made while or immediately after the declarant perceived it is called a(n): a. Admission by an agent b. Prior consistent statement c. Present sense impression d. Identification

c. Present sense impression

According to the US Supreme Court, identification of a suspect must comply with: a. The Fourth, Fifth, and Sixth Amendments b. The Fourth, Fifth, and Fourteenth Amendments c. The Fifth, Sixth, and Fourteenth Amendments d. The Fourth, Sixth, and Fourteenth Amendments

c. The Fifth, Sixth, and Fourteenth Amendments

Which of the following is true about the news media privilege? a. The privilege was recognized at common law as the journalist shield law. b. The U.S. Supreme Court has held that the First Amendment mandates the news media privilege. c. The U.S. Supreme Court has rejected the notion that the First Amendment mandates the news media privilege. d. The U.S. Supreme Court has held that journalist have a right to not reveal their confidential sources.

c. The U.S. Supreme Court has rejected the notion that the First Amendment mandates the news media privilege.

If a client plans to take the witness stand at his or her trial and deny committing the crime he or she is charged with despite having confessed to his or her attorney that he or she has committed the crime, which of the following actions can his or her attorney take? a. The attorney can reveal to the court that the client has or is about to commit perjury. b. The attorney has a duty to reveal to the court that the client will be committing perjury. c. The attorney has an obligation to try to convince the client to testify truthfully or to withdraw from the case. d. The attorney can refuse to question the client when the client is on the witness stand and turn the client over to the prosecution without allowing the client to testify.

c. The attorney has an obligation to try to convince the client to testify truthfully or to withdraw from the case.

Which of the following statement is true about the attorney-client privilege? a. The privilege only applies in a criminal matter. b. If the client confesses to a crime, the attorney is not bound by the privilege. c. The client must waive privilege for either the client or the attorney to disclose confidential information stemming from their professional relationship d. Under common law, the attorney-client privilege did not recognize the privilege if the attorney was court-appointed.

c. The client must waive privilege for either the client or the attorney to disclose confidential information stemming from their professional relationship

Police officers may open and search containers found inside a vehicle when: a. The officer has probable cause to believe that the vehicle contains contraband b. The officer has reasonable suspicion that the closed containers contain contraband c. The officer has probable cause to believe that the container houses the object of the search d. The officer has a reasonable suspicion that the container houses the object of the search

c. The officer has probable cause to believe that the container houses the object of the search

Which of the following is incorrect about a Terry stop? a. A Terry stop is permitted for a narrow purpose. b. The police can make the stop based on reasonable suspicion. c. The police may detain the person until they can establish probable cause. d. A Terry stop in considered a minimal intrusion on one's right to privacy.

c. The police may detain the person until they can establish probable cause.

For the marital communication privilege to attach, all of the following are true, except: a. The marital communications were made in confidence during the marriage. b. The marriage is legally recognized under state law. c. The privilege attaches to couples who have resided together as husband and wife for at least 10 years. d. All of the above are true.

c. The privilege attaches to couples who have resided together as husband and wife for at least 10 years.