Criminal Procedure Exam 1

At the federal level, the most common statute for holding police officers criminally liable is: 18 U.S.C. Section 242. 18 U.S.C. Section 1983. 18 U.S.C. Section 1982. 18 U.S.C. Section 243.

18 U.S.C. Section 242.

This term refers to more than bare suspicion; it exists when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense." Reasonable suspicion Justification Probable cause Administrative justification

Administrative justification

When an appellate court agrees with a lower court's decision, it _____ that decision. reverses affirms remands vacates

Affirms

In which of the following scenarios can the seizure of a person occur? When a police officer simply questions a person When a police officer is in pursuit of a person When he or she is arrested and taken to the police station for questioning All of the above

All of the above

Probable cause may be established in many ways. Which of the following would be an example? Flight from the scene Suspicious conduct Incriminating evidence All of the above

All of the above

The Fourth Amendment protects which of the following from unreasonable searches and seizures? Persons Houses Papers and effects All of the above

All of the above

The theory world and real world can differ for which of the following reasons? The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time. The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies. What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system. All of the above.

All of the above

There are three nonjudicial remedies available for police misconduct. Which are of the following is/are NOT one of them? Internal review Civilian review Mediation All of the above

All of the above

Who are considered government officials within the meaning of the Fourth Amendment? Uniformed police officers Fire inspectors Public school teachers All of the above

All of the above

There are three concerns that make the incorporation debate significant. Which of the following is NOT one of them? Incorporation may threaten federalism. Most contact between police and citizens takes place at the federal level. Incorporation protects separation of powers. All of these are concerns.

All of these are concerns.

In which case did the Supreme Court find that respondents could have no reasonable expectation of privacy for abandoned property? California v. Greenwood United States v. On Lee Hoffa v. United States Katz v. United States

California v. Greenwood

Which is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief? Internal review Civilian review Mediation Judicial review

Civilian review

According to the Supreme Court, which of the following is the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"? Open field Curtilage Physical presence Venue

Curtilage

Which of the following is the most frequently discussed remedy in criminal procedure? Constitutional law Exclusionary rule Criminal law Legal remedies

Exclusionary rule

There are two types of remedies: Extralegal and legal. Illegal and interlegal. Legal and intralegal. Extralegal and illegal.

Extralegal and legal.

There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most often-cited source of rights in criminal procedure? Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment

Fourth Amendment

Which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search? Bad faith rule Silver platter rule Purged taint Fruit of the poisonous tree

Fruit of the poisonous tree

Which exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible? Parole Revocation Good faith Impeachment

Good faith

To define when a search takes place, which two important factors need to be considered? Government action and probable cause Government action and objective reasonableness Government action and reasonable expectation of privacy Probable cause and reasonable expectation of privacy

Government action and reasonable expectation of privacy

Which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis? Dwelling House Residential structure Unit

House

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand? Independent source exception Purged taint exception Inevitable exception Questionable procedure exception

Independent source exception

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway? Independent source exception Purged taint exception Inevitable exception Questionable procedure exception

Inevitable exception

Which of the following is NOT a characteristic of the crime control perspective? Assembly-line justice Quantity over quality Insistence on formality of due process rules Faith in the courts

Insistence on formality of due process rules and Faith in the courts

Which statement is true of the Fourteenth Amendment? It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It protects from cruel and unusual punishment.

It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

Which statement is true of the Eighth Amendment? It protects from cruel and unusual punishment. It protects from unreasonable searches and seizures. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

It protects from cruel and unusual punishment.

Which statement is true of the Fourth Amendment? It protects from cruel and unusual punishment. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It protects from unreasonable searches and seizures.

It protects from unreasonable searches and seizures.

Which statement is true of the Sixth Amendment? It protects from unreasonable searches and seizures. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights. It protects from cruel and unusual punishment. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Which statement is true of the Fifth Amendment? It protects from unreasonable searches and seizures. It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes. It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel. It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes

Which of the following is necessary for the police to engage in actions that trigger the Fourth Amendment? Examples include probable cause and reasonable suspicion. Justification Standard recognition Validation Authentication

Justification

Legal guilt is determined by whether a person is guilty according to the: police. judge. law. jury.

Law

Which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence? Papers and effects Evidence Records Items

Papers and effects

Which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes? Person Individual Effects Entities

Person

Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act? Independent source exception Purged taint exception Inevitable exception Questionable procedure exception

Purged taint exception

Which of the following are NOT one of the concepts underlying the due process perspective? The criminal process looks, or should look, something like an "obstacle course." Quantity is better than quality. Formality is preferred over informality. A great deal of faith is put in the courts.

Quantity is better than quality.

The Fourth Amendment contains which two basic clauses? Probable and reasonable suspicion clauses Reasonableness and warrant clauses Reasonableness and probable cause clauses Search and seizure clauses

Reasonableness and warrant clause

Which of the following occurs when a police officer-by means of physical force or show of authority-intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave? Seizure of property Seizure of a person Seizure Search

Seizure of a person

Which incorporation perspective has arguably "won out" over the others? Total Incorporation Selective Incorporation Total Incorporation Plus Case-by-Case Incorporation

Selective Incorporation

Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others. Total Incorporation Selective Incorporation Total Incorporation Plus Case-by-Case Incorporation

Selective Incorporation

A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as: Res Gestae. Scire Feci. Stare Decisis. Suo Motu.

Stare Decisis.

In which case did the Supreme Court state that a seizure has occurred if the officer's conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave? Terry v. Ohio Dunaway v. New York California v. Hodari D Brinegar v. United States

Terry v. Ohio

The total incorporation perspective can be best described as the view that: the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights. certain protections listed in the Bill of Rights should be incorporated. not just the whole Bill of Rights, but other rights (e.g., privacy) should be incorporated. fundamental rights should be incorporated.

The Fourteenth Amendment's due process clause incorporates the entire Bill of Rights.

The most important source of rights applying to criminal procedure is/are: court decisions. the U.S. Constitution. State constitutions. statutes.

The U.S. Constitution

Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt? The exclusionary rule The fair examination rule The indoctrination rule The prior criminal procedure rule

The exclusionary rule

Which of the following is a criticism of the exclusionary rule? The rule excludes reliable evidence. The rule does very little to deter police misconduct. The rule creates public cynicism towards the judicial system. The rule deters police misconduct.

The rule excludes reliable evidence.

Which of the following is an argument in support of the exclusionary rule? The rule is beneficial because it helps innocent people. Innocent people have been subjected to more unconstitutional searches. The exclusionary rule is disproportionate in terms of its consequences. The exclusionary rule fails to serve as a general deterrent.

The rule is beneficial because it helps innocent people.

In several arrest cases, the courts have considered what sources of information meet the probable cause burden. Three main sources of information have been examined. Which of the following is NOT one of them? Informants and other third parties Undercover agent information First hand knowledge Information that turns out, after the fact, to be mistaken but is reasonably relied on

Undercover agent information

To be held liable under Section 242, a law enforcement officer must: negate a person's rights without forethought. unintentionally deny an individual his or her rights. act with specific intent to deprive a person of important constitutional (or other federal) rights. inadvertently impose restrictions on a person's constitutional rights.

act with specific intent to deprive a person of important constitutional (or other federal) rights.

Exceptions to the fruit of the poisonous tree doctrine include: purged taint. independent source. inevitable discovery. all of the above.

all of the above

The exclusionary rule does NOT apply in: habeas corpus proceedings. parole revocation hearings. grand jury investigations. all of the above.

all of the above.

42 U.S.C Section 1983 is used for: criminal liability. civil liability. misdemeanor charges. none of the above.

civil liability

In order for criminal liability to be imposed under Section 242, a(n) ____________ right must be clearly established. constitutional inalienable legal ethical

constitutional

The primary purpose of criminal procedure is to maintain the proper balance between: controlling crime and due process. dictatorship and democracy. servitude and equality. protection and procedure.

controlling crime and due process.

Typically, the lowest-level court(s) in a given state is/are: courts of general jurisdiction. the state supreme court. intermediate appellate courts. courts of limited jurisdiction.

courts of general jurisdiction. and courts of limited jurisdiction.

In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) generally has to prove that the defendant officer intended for the violation to occur is referred to as: liability credibility accountability culpability

culpability

When a decision does not apply to the current facts, a court will _________, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way. distinguish the case use case precedent judge decision enact case law

distinguish the case

At the federal level, the lowest-level trial court is referred to as: U.S. Supreme Court. U.S. courts of appeals. district courts. trial courts.

district courts

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: surveillance equipment. enforcement weapons. enhancement devices. combat tactical.

enhancement devices.

One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is: free to post bail. speak to an attorney. free to decline the officer's requests. none of the above.

free to decline the officer's request

Police officers act under color of law when they: fail to file official documents. wear plain clothes during off-duty hours. identify themselves as officers. settle a personal vendetta.

identify themselves as officers.

In the Section 1983 context, the theory that the officer who allegedly committed the constitutional rights violation should be held liable is referred to as: individual liability. criminal liability. culpability. civil liability.

individual liability

A nonjudicial remedy in which the police investigate on their own complaints against officers is: internal review. civilian review. mediation. judicial review.

internal review

A method of alternative dispute resolution in which a neutral third party renders disciplinary decisions is referred to as: internal review. civilian review. mediation. judicial review.

mediation

If the police activity in question does not involve a person, house, paper, or effect: Fourth Amendment protections are decided on a case-by-case basis. no Fourth Amendment protections exist. Fourth Amendment protections still exist. no Fifth Amendment protections exist.

no Fourth Amendment protections exist.

When an appellate court reverses a lower court's decision, it: nullifies or sets aside a trial verdict. sends the case back to the trial level for further action consistent with the appellate decision. sets the defendant free. adjudicates the case.

nullifies or sets aside a trial verdict.

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as: curtilage. range. open field. house.

open field

The due process clause consists of two types of due process: substantive and procedural. Substantive due process refers to: procedural fairness. protection from arbitrary and unreasonable action on the part of state officials. exemption from complicity by government officials. None of the above.

protection from arbitrary and unreasonable action on the part of state officials.

A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force, is referred to as: public duty defense. immunity defense. injunctive relief defense. exception defense.

public duty defense

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's: reasonable expectation of privacy. subjective thoughts of privacy. objective determination of behavior. knowing exposure.

reasonable expectation of privacy

The first part of the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . ." is referred to as the: reasonableness clause. probable clause. warrant clause. procedural clause.

reasonableness clause

Extralegal remedies are: remedies made available by the law, by court decisions, or by a police policy or procedure. remedies made through government action. remedies conducted outside the legal process. remedies that follow a formal process.

remedies conducted outside the legal process.

When there is some meaningful interference with an individual's possessory interest in that property, it is defined as a: seizure of property. seizure of persons. seizure. search.

seizure of property

Each state has its own highest court, typically referred to as: superior courts. intermediate appellate courts. state supreme courts. courts of limited jurisdiction.

state supreme courts.

When people __________ convey information or provide material to third parties, they cannot have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities. unwillingly involuntarily easily voluntarily

voluntarily

The second part of the Fourth Amendment, ". . . no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" is referred to as the: probable clause. reasonableness clause. warrant clause. seizure clause.

warrant clause

In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a: lex loci. jus cogens. certiorari. writ of certiorari.

writ of certiorari.