CRIJ 2323 TEST 2
In texas, a grand jury consists of ___ jurors.
12
At common law a grand jury consisted of ___ persons
23
In texas, a search warrant must be executed within __ days of its issuance.
3
Because an arrest is a "seizure" it is subject to the ____ amendment prohibition of "unreasonable searches and seizures."
4th
As a general rule, the Fourth Amendment requires police to obtain _ ________ before conducting a search or seizure.
A warrant
Which of the following often qualifies as a permissible warrant less search?
All of these
In ___ (1964) the supreme court recognized the right of suspects to have counsel present during interrogation.
Escobedo v. Illinois
T/F: A police officer must always first obtain a warrant before making a felony arrest.
False
In Texas, a taped statement does require the ______ _______.
Miranda Warnings
In Texas, a written statement must contain the ____ ______ to be admissible.
Miranda Warnings
Which one of the following statements is correct?
Most states have now adopted liberal rules allowing pretrial discovery in criminal cases.
Under a ___ strategy of conducting interrogations, one police officer is hard, rude, and aggressive, while another police officer appears friendly and sympathetic to the suspect.
Mutt and Jeff
Which one of the following statements is incorrect?
The U.S. supreme court has ruled that a defendant in a criminal case has a right to bail under the 8th amendment to the constitution.
Which one of the following statements represents a correct view of the law?
The supreme court has held that a plea of guilty containing a protestation of innocence can by made by a defendant who intelligently concludes that it is in his or her best interest.
T/F: The supreme court has held that persons charged with felonies have the right to represent themselves in court.
True
T/F: Any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the Fourth Amendment.
True.
T/F: In Texas, police may arrest a person without a warrant for a misdemeanor offense of assault involving family violence.
True.
The purpose of a "frisk" is to allow police to make a limited pat-down search for ______.
Weapons
The prosecution may be required to disclose the identity of ___ if that person was an active participant in the offense for which the defendant is being prosecuted.
a confidential informant
Which of the following is authorized to issue an arrest warrant?
a magistrate
In Texas, the exclusionary rule is created by:
a statute
The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ______.
a subpoena
Property that ownership has been relinquished is:
abandoned.
Routine inspections to enforce building codes and regulations are known as:
administrative searches
The supreme court has held that a suspect has a right to counsel at a lineup conducted______.
after formal charges have been made against a defendant.
Before ruling on a motion for a change of venue the trial judge would likely consider ____.
all of these
The fourth amendment protects a person's rights against the police, but generally does not apply to searches and seizures conducted by:
all of these
Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?
all of these
to establish probable cause to make an arrest, a police officer can consider___.
all of these
In determining whether a defendant's confession was voluntary, courts typically consider such factors as _____.
all of these.
Which of the following identification procedures have been upheld by the courts?
all of these.
A search warrant issued on information that at a future time evidence will come to a specified place is a _____ warrant.
anticipatory
The good-faith exception to the fourth amendment exclusionary rule recognized in United States v. Leon (1984) does not apply to cases where _____.
any of the above.
The deprivation of a person's liberty by someone with legal authority is called an:
arrest
In Miranda v. Arizona (1966), the supreme court held that police must advice suspects of thier right to _____ before subjecting them to custodial interrogation.
both a and c are correct.
An arrest by a private individual is termed a _____.
citizens arrest
Use of force by the police in making arrests can be challenged in:
civil suits
Before interrogating a suspect who is in custody, police must advice the suspect of the right to remain silent and the right to have ____ present during the questioning.
counsel
At common law, the concept of ________ was developed to afford the area immediately surrounding a house the same protection under the law of burglary as was afforded the house itself.
curtilage
Who is entitled to more discovery in texas?
defense
A police officer is vested with ___ to arrest, issue a ticket, or issue a warning.
discretion
As the 1995 O.J. Simpson murder trial demonstrates, defense lawyers can attack the methodology of ____ as well as the qualification of those administering them.
dna tests
the preliminary hearing in texas is called a:
examining trial
The ______ _________ is justified by the need to deter police misconduct, but it exacts a high price to society in that " the criminal is to go free because the constable has blundered."
exclusionary rule
Courts have held it to be a denial of due process if a prosecutor knowingly withholds _____ evidence from the accused.
exculpatory
The surrender of a person accused of a crime by one state to another is known as ___?
extradition
T/F: In Atwater v. City of Lago Vista (2001), the U.S. supreme court ruled that the 4th amendment forbids a warrant less arrest for a minor traffic offense such as a seat belt violation.
false
T/F: In Texas, a police officer can arrest you for speeding or an open container violation.
false
T/F: In Texas, a police officer must obtain a warrant before arresting an individual who has confessed to a felony offense to the officer.
false
T/F: Police must have "probable cause" before subjecting a suspicious person to a "Stop-and-frisk"
false
T/F: Racial profiling is allowed in Texas.
false
T/F: The 4th amendment applies to all premises and property, even premises and property that have been abandoned.
false
T/F: The U.S. Supreme court has held that police may use whatever degree of force is necessary to apprehend a fleeing felon, even if the suspect is unarmed.
false
T/F: The U.S. supreme court has upheld drug checkpoints.
false
T/F: The fourth amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.
false
T/F: The same rules of evidence that apply to criminal trials apply to grand jury investigations.
false
T/F: The supreme court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.
false
T/F: in texas you have no right to a jury trial for a petty offense.
false.
In Daubert v. Merrell Dow Pharmaceuticals, inc. (1993), the supreme court held that the ____ govern the admissibility of scientific evidence in the federal courts.
federal rules of evidence
In texas, an indictment is signed by the:
foreman of the grand jury
the application of scientific principles to legal issues is referred to as ______ methods.
forensic.
The ___ __ ___ _____ ____ doctrine holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible.
fruit of the poisonous tree
For hundreds of years, english subjects were subjected to the abuse of the ______ ______, that is, a warrant authorizing searches of unspecified persons and places.
general warrant
The U.S. Supreme court has recognized a limited ___ -____ exception to the fourth amendment exclusionary rule.
good-faith
An indictment is a formal criminal charge handed down by a?
grand jury
In texas, an arrest warrant must be executed within __ days of its issuance.
no limit
In Whren v. U.S. (1996) the supreme court ruled that ____.
officers' motives in stopping a car are irrelevant if there is an objective basis for the stop.
In Terry v. Ohio, the U.S. Supreme Court upheld the authority of a plice officer to detain and conduct a ____ of an individual.
pat down
A ____ _____ is a device that allows the police to learn every number dialed from a specifically targeted telephone.
pen register
Which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?
plain view.
For any arrest, police officers must have:
probable cause
For a police officer to make an arrest he or she must have___.
probable cause to believe an individual has commited an offence
To conduct a "Stop-and-frisk", police must have ___ that criminal activity is afoot.
reasonable suspicion
A _____ occurs when government agents look for evidence in a manner that intrudes into a person's legally protected privacy.
search
A _____ occurs when the agents take possession or control of property or persons.
seizure
Which one of the following is not a component of the pretrial process?
sentencing of the defendant
The process by which police take an eyewitness to the crime scene to view a suspect shortly after an offense has been committed is called a _____.
showup
To invoke the 4th amendment exclusionary rule, a person must have ____.
standing
Paying a premium to a third party that agrees to post the bond for the accused is called a ___ bond.
surety
a stun gun that shoots metal barbs attached to wires is a?
taser
The federal rules of criminal procedure require that a search warrant must be executed within ___ days after it is issued.
ten
Routine searches of persons and automobiles crossing ___ _____ __ ___ ___ ____ are not prohibited by the 4th amendment.
the borders of the U.S.
When evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the _____.
totality of circumstances.
T/F the 8th amendment of the U.S. constitution prohibits excessive bail.
true
T/F: For a search to be valid under the fourth amendment, police officers must have "probable cause," or in certain instances "reasonable suspicion" to believe that a particular search will produce evidence of crime.
true
T/F: In 2004 the U.S. Supreme court held that states are not precluded from using checkpoints to obtain motorists' assistance in locating the perp of a crime involving traffic accidents.
true
T/F: In Texas, the exclusionary rule applies to both police and private citizens.
true
T/F: Police are permitted to temporarily detain persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.
true
T/F: Police have the right to ask the passenger to exit a vehicle on a traffic stop.
true
T/F: State laws cannot provide higher levels of protection than allowed by federal law.
true
T/F: the grand jury is a deeply rooted common-law institution and was comprised of twenty-three persons.
true
T/F: the supreme court has ruled that an indigent defendant may be assessed the costs of appointed counsel and that such costs may be collected later if the defendent becomes solvent.
true
T/F:Minor misdemeanors are often tried summarily before a judge or magistrate.
true
An indictment is also known as a?
true bill
T/F: A tip from a confidential informant can give rise to probable cause to obtain a search warrant.
true.
T/F: the Fourth Amendment to the U.S. constitution has been extended to searches and seizures conducted by state and local law enforcement officers.
true.
T/F: the supreme court has held that indigents accused of felonies have the right to be represented by counsel at public expense.
true.
Federal grand juries are authorized by statute to grant __ immunity to witnesses.
use
______ is the place of trial, usually where the offense was committed.
venue
Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is _______.
voluntary
