CRJS 475

Which of the following is not an example of abandoned property?

A woman closes her purse but in doing so unknowingly drops her wallet out of it.

Drug Enforcement Agent Paul Markonni developed this tool to help identify drug smugglers. a. A drug courier profile. b. A DNA profile to screen for toxins. c. Handwriting exemplars of known drug smugglers. d. Physical and racial characteristics common to smugglers.

A. A drug courier profile

Who determines the ultimate legitimacy of a request for an arrest warrant? a. A neutral magistrate b. The district attorney c. The officer making the arrest d. The chief of police

A. A neutral magistrate

Illinois v. Rodriquez established this third party consent test under the Fourth Amendment. a. Apparent authority b. Mere authority c. Actual authority d. Constructive authority

A. Apparent authority

________ suspicion is directed at groups of people based on some shared quality or characteristic, such as living in the same neighborhood? a. Categorical b. Individualized c. Profile d. Reasonable

A. Categorical

Brown v. Texas (1979) considered what characteristic in relation to building reasonable suspicion? a. Criminal activity in a high crime neighborhood. b. A driver fails to look at a patrol car at night. c. The probable ethnicity of a "minority-looking" person. d. A passenger leaves an airplane looked suspicious.

A. Criminal activity in a high crime neighborhood.

What did the court rule regarding the reasonableness of drug testing? a. Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety, which outweighs the minimal invasion of privacy. b. Drug testing is reasonable only when one has given consent, and not under and other circumstances. c. Drug testing is only allowed in those circumstances where the employee consents to submit to the specific tests of his/her urine, not of a random sampling of all employees. d. Drug testing is no longer allowed and is a direct violation of the Fourth Amendment.

A. Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety, which outweighs the minimal invasion of privacy.

Which of the following is an exception to enter a home without a warrant? a. Exigent circumstances b. A tip from an informant c. The smell of drugs d. A tip from a neighbor

A. Exigent circumstances

This doctrine establishes the method in which Amendments are integrated into the states through case law.

A. Incorporation

In ________ the court held that students may be searched at schools based on reasonable suspicion rather than probable cause (due to the schools need to maintain a healthy learning environment). a. Board of Education v. Earls b. Vernonia School District v. Acton c. New Jersey v. T.L.O d. Commonwealth v. Nielson

A. New Jersey v. T.L.O

A batch of letter sized airmail envelopes from a county well known as a source of narcotics, that were bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S. Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be considered an illegal search and seizure? a. No, because it constitutes a "border search" and anything crossing the border falls within this exception. b. Yes, because there was no probable cause to link the envelopes to any specific crime; smuggling or not. c. No, but only because "probable cause" was not articulated nor was a search warrant obtained. d. No, it would only be admissible with a warrant or with consent, regardless of the border issue, since it involved the U.S. Mail.

A. No, because it constitutes a "border search" and anything crossing the border falls within this exception.

Which of the following statements is FALSE with regards to search and seizure rules? a. Officers can use thermal imagers without a warrant since there is no actual intrusion. b. An officer can make an arrest based on the smell of marijuana. c. Officers can use electronic eavesdropping device with warrants. d. Officers can enhance their ability to their natural senses by using binoculars, hearing devices and aerial surveillance.

A. Officers can use thermal imagers without a warrant since there is no actual intrusion.

As per Maryland v. Wilson (1997), police officers who have effected a traffic stop can choose to remove ________ from the stopped vehicle to maximize personal safety. a. passengers b. drivers c. weapons d. animals

A. Passengers

When a majority of the justices agree with the decision in a case but they cannot agree on the reasons, the opinion with the reasoning agreed to by the largest number of justices is called the ________ opinion. a. plurality b. dissenting c. concurring d. majority

A. Plurality

According to the text, minor offenders journey through Step 2 of the day-to-day decision point in the law of criminal procedure, which is: a. police stations b. prosecutor's offices c. public places d. trial courts

A. Police Stations

If the appellate court nullifies the lower court's judgment, the case has been: a. reversed b. affirmed c. dissented d. remanded

A. Reversed

In the case of Kyllo v U.S (2001), what was the key issue? a. That 'thermal imaging' requires a warrant based on probable cause because thermal imaging devices are not within general public use. b. That anything in the public view never requires a warrant, even when eavesdropping with electronic devices or pointing thermal imaging devices at one's home. c. The use of electronic eavesdropping without a warrant. d. That 'thermal imaging' did not require a warrant, since one's house or apartment is in public view.

A. That 'thermal imaging' requires a warrant based on probable cause because thermal imaging devices are not within general public use.

In Florida v J.L. (2000), what did the court decide with regards to an anonymous tip regarding a man with a gun? a. That an anonymous tip lacking any indications of reliability does not justify a stop and frisk, even though it did allege the illegal possession of a firearm. b. That the informant would have to identify themselves before the police could act. c. That as long as the police could verify the information, it a stop and frisk would be permissible. d. That a stop and frisk was justified in the interests of public safety.

A. That an anonymous tip lacking any indications of reliability does not justify a stop and frisk, even though it did allege the illegal possession of a firearm.

In criminal procedure class, the 'case-text method' primarily involves reading from: a. the U.S. Supreme Court b. federal trial courts (U.S. District Courts) c. state supreme courts d. state trial courts

A. The U.S. Supreme Court

Which of the following is NOT a characteristic of a custodial arrest? a. The police officer yells, "Stop police!" b. The suspect is put in a lineup. c. The suspect is taken to the police station. d. The suspect is placed in a jail cell.

A. The police officer yells, "Stop police!"

A discretionary order of the Supreme Court to review a lower court decision is called a writ of review or a writ of certiorari. a. True b. False

A. True

A dissenting opinion if the justices don't agree with the court's decision and/or reasoning, and write their own opinion. a. True b. False

A. True

A suspected criminal running from the police throws down some drugs and a gun as he's being chased. Because the intentional throwing away of property removes it from the protection of the Fourth Amendment, it is considered 'abandoned' property. a. True b. False

A. True

Arrests are reasonable without warrants except for arrests in homes. a. True b. False

A. True

Before Terry v. Ohio (1968), whenever a law enforcement office moved a suspect to another place, it was considered an "arrest," requiring probable cause to back it up. a. True b. False

A. True

Border searches are reasonable without either a warrant or probable cause if the special need to protect the integrity of international borders outweighs the invasion of privacy of the individual. a. True b. False

A. True

Consent searches do not require probable cause or a warrant in light of voluntariness. a. True b. False

A. True

Day-to-day criminal procedure is mainly the business of state and local governments. a. True b. False

A. True

In Kuha v. Minnetonka (2003), a federal appeals court found that the city's dog bite-and-hold policy was objectively reasonable. a. True b. False

A. True

Inventory searches are conducted to protect the belongings of arrestees as well as to provide protection of police officers for liability in lawsuits. a. True b. False

A. True

It is not a 'seizure' for a police officer to approach individuals on the street or in another public place and ask them questions. a. True b. False

A. True

Officers can use deadly force only if it's necessary to apprehend "dangerous" suspects, AND it doesn't put innocent people in danger. a. True b. False

A. True

Police officers can seize contraband without a warrant if the illegal items are the product of a plain view-related chance discovery that does not involve any use of special equipment (e.g. night vision or x-ray technology) to enhance visual senses. a. True b. False

A. True

Prisoners retain only a minimal right to privacy against searches made without either warrants or probable cause for the purposes of discipline, safety, and security. a. True b. False

A. True

Searches without warrants are permissible if there is reasonable belief that the destruction of evidence is imminent. a. True b. False

A. True

The Fourth Amendment protections against unreasonable search and seizure is wholly inapplicable to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the government or with the participation or knowledge of any government official. a. True b. False

A. True

The U.S. Constitution and provisions in every state constitution limit public officials power to control crime. a. True b. False

A. True

The U.S. Supreme Court created the two-prong evaluation of privacy expectations in Katz v. U.S. (1967). a. True b. False

A. True

The United States Constitution, state constitutions, federal and state court decisions, statutes, and sets of rules are the primary sources that regulate criminal procedure. a. True b. False

A. True

The assumption of risk source of third party consent authority deals with the fact that the consenting party takes the chance that someone else might consent on their behalf. a. True b. False

A. True

The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion. a. True b. False

A. True

The government's responsibility to ensure Homeland Security allows for routine stops at international border crossings without articulable suspicion. a. True b. False

A. True

The principle that all federal rights are incorporated by the due process clause is referred to as total incorporation. a. True b. False

A. True

The race of a person can be used by police officers, as long as other information is used as well, to develop reasonable suspicion. a. True b. False

A. True

There are so many exceptions to the warrant requirement (up to 30), that searches without warrants far outnumber searches with warrants. a. True b. False

A. True

U.S. v. Rodney (1992) upheld Rodney's conviction after finding that he had consented to a crotch search, which revealed hidden drugs. a. True b. False

A. True

In which case did the court say that regarding selective enforcement of drug laws the majority of elevated penalties fall on Blacks while the majority of users were white? a. U.S. v Armstrong b. U.S. v Weeks c. Miranda v Arizona d. Terry v Ohio

A. U.S. v Armstrong

Which of the following conditions would NOT constitute a coercive state action but would be strongly presumptive of forcing an involuntary confession? a. Using profanity in an interrogation protocol. b. Questioning a suspect for 48 hours with no interruption. c. Denying food and drink for 24 hours. d. Conducting an interrogation in a secluded warehouse.

A. Using profanity in an interrogation protocol.

Is shooting a suspect considered a "seizure" under the Fourth Amendment? a. Yes b. Yes, but only if the suspect is incapacitated c. No d. No, it is considered a stop

A. Yes

Can the police order the passengers out of a vehicle during a traffic stop? a. Yes they can, regardless of circumstance. b. No they cannot, as this would be a violation of the Fourth Amendment. c. No they cannot, unless the driver gives consent on behalf of all passengers in the vehicle. d. Yes they can, but only if all the passengers consent to their removal from the vehicle.

A. Yes they can, regardless of circumstance

Hudson v. Palmer (1984) outlined that prisoners have: a. a diminished expectation of privacy in their cells. b. an absolute expectation of privacy in their cells. c. a temporary suspension of privacy in their cells. d. every reason to expect that their cell includes a curtilage.

A. a diminished expectation of privacy in their cells.

Most misdemeanor offenders are issued a(n) ________ , but can be arrested under certain circumstances. a. citation b. injunction c. indictment d. writ of appearance

A. citation

The Mendenhall Test requires that in order for a person to be 'seized' by law enforcement, the individual must: a. feel that he/she is not free to leave the area. b. be physically restrained with handcuffs and/or in a police cruiser. c. have been verbally informed that he/she is under arrest. d. believe that he/she is considered a suspect in a crime.

A. feel that he/she is not free to leave the area.

According to the accusatory system rationale: a. forced confessions violate due process even if they are true, since the government has to prove guilt beyond a reasonable doubt. b. forced confessions are admissible as long as due process is not violated. c. forced confessions are admissible as long as no physical force is used. d. forced confessions are admissible to impeach testimony or to attack credibility.

A. forced confessions violate due process even if they are true, since the government has to prove guilt beyond a reasonable doubt.

There are two types of facts that officers can rely on to build reasonable suspicion: direct information (what the officer sees, hears, smells or touches), and: a. hearsay information provided by victims, witnesses or even anonymous people. b. information gained through improper means but with good intentions. c. circumstantial information. d. the officer's hunch.

A. hearsay information provided by victims, witnesses or even anonymous people.

The U.S. Supreme Court decided in Tennessee v. Garner (1985) that: a. police cannot shoot a fleeing suspect if he poses no imminent danger. b. lethal force is permitted against misdemeanor offenders. c. suspects can be engaged with deadly force in the presence of bystanders who could possibly be harmed. d. lethal force can be applied against non-dangerous criminal suspects.

A. police cannot shoot a fleeing suspect if he poses no imminent danger.

As per the Court's decision in Acevedo v. California (1991), an officer must have ________ to search a container in a stopped vehicle. a. probable cause but no necessary warrant b. clear and compelling evidence of crime concealment c. probable cause and a warrant justifying the need to search d. reasonable suspicion that a crime is afoot in the container

A. probable cause but no necessary warrant

The court considered all of the following in Board of Education v Earls (2002) except: a. the type of extra-curricular activity the tested students wanted to engage in. b. the character of the intrusion on privacy imposed by the testing policy. c. the ramifications of a failed UA on the student (for example, legal sanctions, academic discipline). d. the nature of the school's/government's concerns and the effectiveness of the drug testing policy in addressing those concerns.

A. the type of extra-curricular activity the tested students wanted to engage in.

In developing probable cause, officers rely on their ________ to make decisions regarding arrests without warrants. a. training and experience b. reasonableness and good faith c. luck and intuition d. good intentions

A. training and experience

The term 'collateral attack' refers to a review of the constitutionality of: a. using a two-tiered argument to prove guilt at trial b. a person's custodial detention in a jail or prison c. establishing guilt through the use of eyewitnesses d. the time frame in which defense counsel was appointed

B. A person's custodial detention in a jail or prison

When an appellate court upholds the lower court's judgment, it is said to ________ the decision. a. reverse b. affirm c. dispose d. remand

B. Affirm

Constitutionalism assumes which of the following statements to be TRUE? a. The constitution is never considered to be binding on the government in any way. b. Constitutions embody the core values and collective will of the people. c. Laws and constitutions are both considered to be sets of guidelines for behavior. d. Constitutions can never be changed under any circumstances once created.

B. Constitutions embody the core values and collective will of the people.

Which of the following is TRUE? a. Every state and the federal government now have statutes that mandate DNA testing of all those incarcerated of either a felony or a misdemeanor. b. Every state and the federal government now have statutes that mandate DNA testing of all incarcerated felons. c. Only the federal government has a statute mandating DNA testing for incarcerated felons. d. DNA testing of those incarcerated is on a state-by-state basis, and there is no statute at either the federal or state's level.

B. Every state and the federal government now have statutes that mandate DNA testing of all incarcerated felons.

A proceeding to review the constitutionality of detention or imprisonment is referred to as stare decisis. a. True b. False

B. False

A stop requires probable cause in order to be constitutionally acceptable. a. True b. False

B. False

Airport searches sometimes require probable cause, especially if there is a racial profiling element. a. True b. False

B. False

Historically, the English King was able to employ Writs of Certiorari to arbitrarily search private citizens anywhere and at any time. a. True b. False

B. False

Police can sometime neutralize non-dangerous offenders with lethal force if there is concern that the suspect could become dangerous in the future. a. True b. False

B. False

The U.S. Supreme Court does not recognize the need to allow for individual differences among states and between state and federal law enforcement, nor for local experimentation in criminal procedure. The law of the land must be inviolate. a. True b. False

B. False

The guarantee of a speedy trial for criminal defendants appears in the Fourth Amendment to the U.S. Constitution. a. True b. False

B. False

The landmark case that established the 'stop and frisk' rule was Mapp v. Ohio. a. True b. False

B. False

Warrants are sworn out by neutral magistrates convinced that sufficient facts amount to probable cause in a writ of petition. a. True b. False

B. False

The requirement that states treat students equally under the law is required by the ________ Amendment.

B. Fourteenth

Through which Amendment are the due process provisions of the Bill of Rights applied to state criminal procedure?

B. Fourteenth

Which doctrine defined the Fourteenth Amendment's due process provisions as applying to the states criminal procedures? a. Fundamental Fairness Doctrine b. Incorporation Doctrine c. The Habeas Corpus Doctrine d. The Selective Prosecution Doctrine

B. Incorporation Doctrine

________ of consent search are conducted in a given year, making it a powerful tool for law enforcement. a. Hundreds of thousands b. Millions c. Thousands d. Hundreds

B. Millions

Every time a police officer makes a decision to stop someone, use force, make an arrest, etc., they must articulate every fact to justify their actions since they are infringing on the rights of someone's individual liberties. A hunch or whim is never enough. This principle of justifying our legal actions is referred to as the: a. Miranda Rule b. Objective Basis Requirement c. Terry Rules d. Selective Enforcement Principle

B. Objective Basis Requirment

The ________ requirement assumes that the government must produce facts that support any intrusion upon personal freedom or liberty. a. compelling evidence b. reasonable invasion c. objective basis d. subjective impression

B. Objective basis

Which 1931 case indicated that the lack of an effective appointment of counsel was a denial of due process? Referred to as "The Scottsboro Boys Case," it involved 9 young black men who were arrested for a double rape case in which the victims recanted many years later. a. Terry v Ohio b. Powell v Alabama c. U.S. v Weeks d. Brown v Mississippi

B. Powell v Alabama

The portion of the case brief detailing the formal procedural steps that have occurred--from filing the indictment through the appellate courts - is called the: a. objective basis b. procedural history of the case c. constitutional question d. facts

B. Procedural history of the case

The presumption of ________ assumes that the government is acting lawfully unless there is clear evidence to the contrary.

B. Regularity

What do the police need to articulate in order to obtain a "no-knock" warrant? a. The persons were armed with automatic weapons and explosives, otherwise a no-knock warrant is not permissible. b. That knocking (announcing their presence) would be dangerous, futile, compromise the investigation, and allow for the destruction of evidence. c. That the "Fair Warning" doctrine be employed. d. The consent of the person for whom the arrest warrant is for.

B. That knocking (announcing their presence) would be dangerous, futile, compromise the investigation, and allow for the destruction of evidence.

What did the court decide regarding drug courier profiles in U.S. v. Sokolow (1989)? a. That police can only use a 'drug courier' profile if the purported courier submits and consents to being stopped and/or searched. b. That police are permitted to use a 'drug courier' profile to stop and search people suspected of being a drug courier. c. That police do not need any reasonable suspicion or probable cause as it concerns a customs violation and they can search or seize at will. d. That police can never use a 'drug courier' profile as a basis for stop and/or search.

B. That police are permitted to use a 'drug courier' profile to stop and search people suspected of being a drug courier.

Who can appeal a conviction? a. Either the defendant or the government b. The defendant c. Depends on the type of court the case is heard in d. The government

B. The defendant

In the case of Wilson v Arkansas (1995), what did the court decide? a. Officers can only "pat" someone down, and the pat-down can only be for weapons. b. The issue of allowing police to enter without knocking was reasonable but the state courts were remanded to determine reasonableness for the use of a "no-knock" entry. c. Searches of automobiles did not require probable cause because of the "mobility factor." d. The police can never enter a home to execute a warrant without knocking first.

B. The issue of allowing police to enter without knocking was reasonable but the state courts were remanded to determine reasonableness for the use of a "no-knock" entry.

In Robinson v. California (1962) the court articulated: a. the right to assistance of counsel b. the notion of cruel and unusual punishment c. the right of self-incrimination d. the exclusionary rule applied to state searches and seizures

B. The notion if cruel and unusual punishment

Chimel v. California (1969) created what important concept in criminal procedure? a. Knock and announce time frames b. The parameters of the grabbable area c. The scope of reasonable consent searches d. Exceptions to the warrant requirement

B. The parameters of the grabbable area

The Eighth Amendment guarantees which of the following? a. The right to an impartial jury. b. The right against cruel and unusual punishment. c. The right to be free from unreasonable searches. d. The right against double jeopardy.

B. The right against cruel and unusual punishment

When an officer makes an arrest, what can be legally searched incident to that arrest? a. Any surrounding vehicle, even if the suspect was not sitting in at the time of arrest. b. The suspect's person and the contents of the grabbable area. c. The suspect and the contents of his/her pockets. d. Any areas the suspect had frequented within the past 12 hours.

B. The suspect's person and the contents of the grabbable area.

According to U.S. v. Ramsey (1977), which of the following is TRUE regarding searches at international borders? a. Such a search is reasonable only with a warrant. b. These searches are reasonable even without a warrant or probable cause. c. Such a search is reasonable without a warrant, if there is probable cause. d. Such a search requires probable cause, followed by a warrant.

B. These searches are reasonable even without a warrant or probable cause.

The ________ doctrine refers to an 'intrusion' into a constitutionally protected space by a government agent. a. exceptional entry b. trespass c. privacy d. exclusion

B. Trespass

The Court has ruled that which of the following police-citizen contacts are NOT covered by the Fourth Amendment? a. Traffic stops b. Voluntary encounters c. Arrests d. Brief stops on the street

B. Voluntary encounters

Lawful stops authorize frisks for weapons. Officers who reasonably suspect that individuals are armed may pat them down - go over their outer clothing lightly - but only for: a. drugs b. weapons c. any contraband d. fruits of the crime

B. Weapons

In U.S. v. White (1971), the court had to answer the question of whether: a. both White and Jackson had an expectation of privacy in their conversation. b. White could exclude statements he made to Jackson which were taped by the police with Jackson's consent. c. wire-tapping the defendant's phone required the police to get a warrant. d. police had enough information to get a warrant which allowed them to surreptitiously tape Jackson and White's conversation

B. White could exclude statements he made to Jackson which were taped by the police with Jackson's consent.

The sworn statement by the police officer stating the objective basis they have to make an arrest is called a(n): a. probable cause statement b. affidavit c. notarization d. indictment

B. affidavit

A(n) ________ search occurs when vehicles are impounded, wallets/purses are searched, and/or people are booked into jail. a. inspection b. inventory c. public safety d. screening

B. inventory

An individual's presence in a high crime area: a. is sufficient by itself to give rise to probable cause to arrest. b. is insufficient by itself to give rise to reasonable suspicion to stop. c. is sufficient to constitute criminal profiling of suspects. d. is sufficient by itself to give rise to reasonable suspicion to stop.

B. is insufficient by itself to give rise to reasonable suspicion to stop.

In Arizona v. Johnson (2009), the U.S. Supreme Court ruled that: a. a passenger in a lawfully stopped vehicle can only be frisked if she/he is believe to possess a weapon. b. it is lawful to frisk a passenger in a lawfully stopped vehicle, even if she/he was not suspected of committing a crime. c. a passenger in a lawfully stopped vehicle can only be frisked with a warrant. d. a passenger in a lawfully stopped vehicle can only be frisked if she/he has been suspected of committing a crime.

B. it is lawful to frisk a passenger in a lawfully stopped vehicle, even if she/he was not suspected of committing a crime.

The "grabbable area" allows police to search: a. only the area where the suspect may have been present within the previous 12 hours. b. only the area within the suspect's immediate control or "arms length." c. only the areas in "plain view" of the police officer at the moment of arrest. d. only the area described the affidavit as likely to contain evidence of a crime.

B. only the area within the suspect's immediate control or "arms length."

Under Samson v. California (2006): a. parolees have less expectation of privacy than probationers. b. parolees have a greater expectation of privacy than probationers. c. parolee's homes can never be searched without a warrant. d. parolee's homes can always be searched without a warrant or probable cause.

B. parolees have a greater expectation of privacy than probationers.

The "bright line rule," is also referred to as the ________ rule. a. pro forma b. per se c. proper d. in forma pauperis

B. per se

In the case of Knowles v Iowa (1998), police thoroughly searched Knowles' car after they stopped him for speeding. The police discovered marijuana and charged Knowles with possession of marijuana. On appeal the court said: a. the police cannot search vehicle for any reason without either consent or a warrant. b. the police did not have reason to search the car when stopping him for speeding, thus no search was justified. c. the police may make a minimal intrusion upon a traffic stop and that includes a cursory search of the entire passenger compartment, for officer safety reasons if not anything else. d. the police did have enough reasonable suspicion to search the car and the marijuana charge was upheld.

B. the police did not have reason to search the car when stopping him for speeding, thus no search was justified.

In Berghuis v. Thompkins (2010), the U.S. Supreme Court held that criminal suspects who want to protect their right to remain silent have to speak up and ________ invoke and waive it. a. implicitly b. unambiguously c. via counsel d. in writing

B. unambiguously

Which of the following represents first-hand information immediately available to officers trying to establish probable cause? a. Tips from a usually reliable informant b. Discussions between police officers c. A finger print match from the crime lab d. An anonymous call to a police hotline

C. A finger print match from the crime lab

The 'brief duration' requirement of a stop must not exceed what length of time? a. 20 minutes b. 5 minutes c. As long as is reasonable and necessary. d. 10 minutes

C. As long as is reasonable and necessary.

Which of the following is NOT one of the three theories to support the reduced expectations of privacy by probationers and parolees? a. Consent b. Custody c. Authority d. Balancing

C. Authority

What type of rule did the U.S. Supreme Court apply in Miranda v. Arizona (1966)? a. Voluntary admissibility rule b. Interrogational relief rule c. Bright line rule d. Custodial clarity rule

C. Bright line rule

Which of the following activities can NOT be conducted as a matter of routine at an international border stop? a. dog sniff b. wallet check c. cavity search d. pocket check

C. Cavity search

When judges agree with the result of a decision but for varied reasons, they write a ________ opinion. a. plurality b. dissenting c. concurring d. majority

C. Concurring

Which of the following is NOT a source of criminal procedural law? a. Judicial opinions set forth in case law b. U.S. Constitution c. Criminal laws d. State constitutions

C. Criminal laws

The case of Michigan v. Sitz (1990) challenged the constitutionality of: a. Courier profiles b. Stop and frisk c. DUI checkpoints d. Frisk without a warrant

C. DUI checkpoints

Which of the following types of searches is NOT considered an exception to the warrant requirement? a. Searches incident to arrest b. Consent searches c. Dwelling searches d. Vehicle searches

C. Dwelling searches

Which of the following is NOT considered a special-needs search? a. Dormitory inspection at a college b. Inventory search c. Exigent circumstances search d. High school drug testing

C. Exigent circumstances search

Which amendment deals with search and seizure issues? a. Eighth b. Fifth c. Fourth d. Sixth

C. Forth

The Bostick Standard deals with which issue? a. Wire-tapping b. Search in plain view c. Freedom of movement d. Third party consent

C. Freedom of movement

The landmark cases Powell v. Alabama and Brown v. Mississippi collectively supported the creation of what historical doctrine associated with due process? a. 'Good Faith' Doctrine b. Selective Due Process Doctrine c. Fundamental Fairness Doctrine d. Incorporation Doctrine

C. Fundamental Fairness Doctrine

The first part of a writs of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a: a. specific warrant b. constitutional warrant c. general warrant d. privacy warrant

C. General warrant

Besides notification of charges against the accused, what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine? a. Timely sentencing upon conviction b. Right to appeal if found guilty c. Hearing of the facts before sentencing d. Presence of effective defense counsel at trial

C. Hearing of the facts before sentencing

The case that expanded third-party consent to include apparent authority to consent was: a. Tennessee v Garner b. Wyoming v. Houghton c. Illinois v. Rodriguez d. Arizona v Miranda

C. Illinois v. Rodriguez

According to the text, what effect has the Fourth Amendment search and seizure conditions had on American criminal procedure? a. It has guaranteed that law enforcement can act arbitrarily to gather facts. b. It has given the police unrestricted abilities to conduct searches. c. It has assisted in protecting a notion of privacy for individuals. d. It has greatly limited personal expectations of liberty in public places.

C. It has assisted in protecting a notion of privacy for individuals.

In times of war, the balances reflected in a constitutional democracy: a. tend to shift and emphasize fairness b. remain unchanged c. lean heavily toward community safety d. tend to shift and emphasize individual autonomy

C. Lean heavily toward community safety

In the case of Tennessee v Garner, was the use of force (by way of shooting a juvenile in the back) justified? a. Yes it was justified, because the officer was alone at night, and the suspect was known to be armed and dangerous, even though he was only 15 years old. b. No it was not justified, because the officer was attempting to fire a warning shot, and unfortunately hit Garner in the back of the head, fatally wounding him. c. No, it was not justified and this case essentially threw out the "fleeing felon" rule that existed up to this point. d. Yes it was justified, because the officer yelled "Police! Halt!" and when the juvenile did not comply, the officer shot him in the back.

C. No, it was not justified and this case essentially threw out the "fleeing felon" rule that existed up to this point.

According to Michigan v. Sitz (1990), do DWI roadblocks constitute unlawful stops? a. Yes, they are unlawful based on the Fourth Amendment 'unreasonable' test. b. Yes, they are unlawful stops unless the individual stopped has already demonstrated some subjective symptoms of driving while under the influence. c. No, they are not unlawful because there is a compelling interest related to public safety. d. No, they are not unlawful as long as the police have a warrant to search 'all vehicles' suspected of DWI suspects.

C. No, they are not unlawful because there is a compelling interest related to public safety.

The part of a case brief which sets forth the reasoning of the court is called the: a. holding b. title c. opinion d. facts

C. Opinion

An officer who is searching a car and sees the butt of a gun under the seat would be able to search and seize the weapon under which doctrine? a. Plain Touch Doctrine b. Permissible Security Doctrine c. Plain View Doctrine d. Public Safety Doctrine

C. Plain View Doctrine

Which of the following is the rule that detection by means of the ordinary senses is not a Fourth Amendment search? a. Curtilage doctrine b. Visual sweep doctrine c. Plain view doctrine d. Open area doctrine

C. Plain view doctrine

As per the decision in U.S. v. Knights (2001), search abilities were expanded to include ________ officers who might be required to conduct a search. a. parole b. probation c. police d. corrections

C. Police

Payton v. New York ruled which of the following is NOT a restriction on home arrests? a. Knock and announce rules b. Stringent probable cause c. Reliable informants d. Felonies and arrests made during the daytime

C. Reliable informants

The "functional equivalent of a question test" was developed in what Supreme Court decision? a. Brewer v. Williams b. Escobedo v. Illinois c. Rhode Island v. Innis d. Miranda v. Arizona

C. Rhode Island v. Innis

International border searches are based on a compelling interest held by the U.S. government to maintain security. Which of the following statements accurately describes this issue? a. Border searches do not apply to Americans returning to the U.S. from vacation. b. Probable cause is routinely required to conduct stops and searches at the border. c. Stemming the flow of drugs into the U.S. is one rationale for border searches without reasonable suspicion. d. Border stops are always unconstitutional if they involve vehicle searches.

C. Stemming the flow of drugs into the U.S. is one rationale for border searches without reasonable suspicion.

The two-pronged test of privacy to determine whether or not a police action is actually a 'search' is referred to as the: a. Habeas Corpus and the Corpus Delicti tests b. Moral and Legal Privacy tests c. Subjective and Objective Privacy tests d. Prosecutorial and Defense Privacy tests

C. Subjective and Objective Privacy tests

The "equal protection of the laws" clause in the Fourteenth Amendment requires: a. That racial characteristics are used to build suspicion only as a last resort. b. That all state and federal laws are 100% harmonious and in agreement. c. That the expectation of fair process applies to all individuals in criminal matters. d. That criminal investigations are conducted reasonably.

C. That the expectation of fair process applies to all individuals in criminal matters.

Which of the following statements is true with regard to police officers entering a person's home to make an arrest? a. They can never enter a house without a warrant. b. The police may be hot pursuit to chase someone, but they still cannot enter a house while in that hot pursuit without either a warrant or consent. c. The police must be in hot pursuit, have consent, have a warrant, or have exigent circumstances. d. They can enter a house while in hot pursuit but only within "arms length" of a suspect's reach, no further without a warrant.

C. The police must be in hot pursuit, have consent, have a warrant, or have exigent circumstances.

The Fourth Amendment guarantees which of the following? a. The right to an impartial jury. b. The right against excessive bail. c. The right to be free from unreasonable searches. d. The right against self-incrimination.

C. The right to be free from unusual searches

What was the key issue in the case of Brown v. Mississippi (1932)? a. Brown had another inmate beat him badly and then blamed the sheriff. b. The sheriff and prosecutor conspired to plant false evidence on Brown. c. The sheriff had beaten a confession out of Brown and he was convicted solely on the basis of the confession. d. The sheriff had befriended Brown and gave him special privileges in jail.

C. The sheriff had beaten a confession out of Brown and he was convicted solely on the basis of the confession.

In view of the heightened sense of security at airports and train stations, what has the court maintained in regards to passenger searches using metal detectors, x-ray machines and even physical searches? a. The passengers must submit a Pre-Travel Permission to Search Form at all public transportation centers. b. The passenger must fit a "terrorism" profile before he/she can be searched in any way. c. The special needs to prevent terrorism outweigh the minimal invasion of privacy, and therefore these searches are permitted. d. The police have to articulate probable cause to search an individual while they are passing through a metal detector, etc.

C. The special needs to prevent terrorism outweigh the minimal invasion of privacy, and therefore these searches are permitted.

Commonwealth v Dunlap (2007) dealt with which of the following issues? a. The collateral verification of hearsay evidence b. The reliability of anonymous tips to police officers c. The totality of the circumstances test d. The validity of suspect statements in building probable cause

C. The totality of the circumstances test

If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person? a. No, the officer can only seize the item if it was in fact a weapon. b. No, they can never seize evidence unless they in fact know what the item is in advance. c. Yes, under the 'plain feel' doctrine, the officer can seize the item. d. Yes, but only if the person consents to the removal of the objects.

C. Yes, under the 'plain feel' doctrine, the officer can seize the item.

With regard to a prisoner's expectation of privacy, the court has ruled that prisoners have: a. absolutely no rights to privacy whatsoever. b. rights to privacy equal to a free man. c. a substantially reduced expectation of privacy. d. only those rights that are given at the discretion of the prison administration.

C. a substantially reduced expectation of privacy.

According to Bell v Wolfish (1979), searches of prisoners, such as full body, strip and even body cavity searches, without either warrants or probable cause in a prison setting: a. are never allowed due to violations of the Fourth Amendment. b. are only allowed with a warrant from a Federal Judge . c. are considered reasonable following contact with visitors who might pass on weapons or contraband to the prisoners. d. are only allowed with consent.

C. are considered reasonable following contact with visitors who might pass on weapons or contraband to the prisoners.

Both direct and ________ information can establish probable cause. a. polygraph b. anonymous c. hearsay d. informant

C. hearsay

New York v Belton (1981) extended the Chimel rule to: a. dwelling searches incident to arrest when the seizure occurs in the front yard. b. any area that the arrestee can "see" from where they are at the time of the arrest. c. interior vehicle searches when the individual arrested is outside the car. d. searches of passengers in the context of an otherwise lawful arrest.

C. interior vehicle searches when the individual arrested is outside the car.

In arrests made with less than deadly force the court uses the ________ test to evaluate the manner of arrest. a. subjective standard of reasonable force b. the excessive force standard c. objective standard of reasonable force d. the Garner standard of reasonable force

C. objective standard of reasonable force

In Wilson v. Arkansas (1995), the Supreme Court held that: a. there is no expectation of privacy in one's home when illegal acts are performed inside the dwelling. b. damage done to a physical structure by law enforcement gaining entry to execute a warrant is permissible. c. police officers can forego "knock and announce" to prevent destruction of evidence. d. "knock and announce" practices are not a part of the Fourth Amendment.

C. police officers can forego "knock and announce" to prevent destruction of evidence.

Vernonia School District v. Acton (1995) ruled that: a. drug testing for students voluntarily participating in the school district's athletic program was totally unreasonable. b. drug testing for students voluntarily participating in the school district's athletic program could only take place with parental consent. c. random (without individualized suspicion) drug testing of all students voluntarily participating in the school district's athletic programs was reasonable. d. only drug testing that involved individualized suspicion was reasonable for students voluntarily participating in the school district's athletic programs.

C. random (without individualized suspicion) drug testing of all students voluntarily participating in the school district's athletic programs was reasonable.

Which of the following activities can NOT be conducted as a matter of routine at an international border stop?

Cavity search

U.S. v. Montoya de Hernandez ruled that: a. Up-close dog sniffs require a warrant. b. Airport strip searches do not require warrants. c. Examination of purses, wallets, and pockets in an airport requires probable cause. d. A 16-hour detention of a suspected "balloon swallower" was reasonable.

D. A 16-hour detention of a suspected "balloon swallower" was reasonable.

Habeas corpus is ________ that reviews the constitutionality of the petitioner's detention or imprisonment. a. either a criminal or civil action, depending on the initial case b. a criminal action c. an action relevant only for death penalty cases d. a civil action

D. A civil action

In Florida v. Bostick (1991), the court had to address when a person was 'stopped' when the person involved was: a. a traveler in a public airport terminal. b. a passenger in a car stopped pursuant to a traffic stop. c. the driver of a car stopped pursuant to a traffic stop. d. a passenger on a public bus boarded by police agents.

D. A passenger on a public bus boarded by police agents.

Which of the following is NOT a necessary component of an arrest warrant application? a. A neutral and detached magistrate b. The name of the person to be arrested c. An affidavit setting forth probable cause that the individual committed a crime d. An affidavit stating that none of the informants were paid

D. An affidavit stating that none of the informants were paid

The use of a roadblock to screen drunk drivers on a public roadway is an example of a Show of ________ seizure. a. Force b. Purpose c. Intention d. Authority

D. Authority

In which of the following situations have the courts found a use of unreasonable force? a. Police dog grabbed and held a defendant's arm until the police arrived. b. Using a single application of the taser gun. c. Use of pepper spray on an armed suspect. d. Binding a suspect's ankles to his wrists behind his back (hog-tying).

D. Binding a suspect's ankles to his wrists behind his back (hog-tying).

In Hurtado v. California the defendant complained that his Fifth Amendment rights were violated because he was not properly indicted by a grand jury. The Supreme Court ruled against him because ________ a. he confessed, so due process was irrelevant. b. the California grand jury had properly indicted him. c. his crime wasn't a capital or otherwise infamous crime. d. California, unlike the federal government, could use an information rather than a grand jury indictment to charge Hurtado.

D. California, unlike the federal government, could use an information rather than a grand jury indictment to charge Hurtado.

State v. Patino (2012) was built largely on what type of evidence? a. Drugs seized after a dog sniffing test b. Evidence from thermal imaging c. Evidence from a third party d. Cell phone text messages

D. Cell phone text messages

The ________ is the protected Fourth Amendment space immediately surrounding one's home that requires a warrant to search it. a. corroborate b. cartilage c. cartridge d. curtilage

D. Curtilage

In Palko v. Connecticut (1937), what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states? a. Fundamental fairness b. Ineffective counsel c. Excessive bail d. Double jeopardy

D. Double jeapody

The case which limited a spouse's ability to consent to the search of a common a. Georgia v. Randolph b. U.S. v. Rodney c. Schnecklothe v. Bustamente d. Illinois v. Rodriguez

D. Illinois v. Rodriguez

Frisks are localized searches of the individual that are conducted to: a. Secure contraband without a warrant b. Protect police officers c. Develop probable cause to arrest d. Inconvenience suspects

D. Inconvenience suspects

Criminal procedure law reflects a balance between: a. the police and the prosecutor b. state and federal governments c. the lower courts and the appellate courts d. individual autonomy and community safety

D. Individual autonomy and community safety

What did the Supreme Court say about the use of air surveillance being used to spot marijuana plants in a protected fenced in area? a. Only if the police have 'probable cause' to fly over someone's house would it be a legal search under the Fourth Amendment. b. It was considered a search under the Fourth Amendment. c. A warrant was always required to fly over private property. d. It was not considered a search under the Fourth Amendment.

D. It was not considered a search under the Fourth Amendment.

Stare decisis is a legal principle that is applied by which of the following actors in the criminal justice system? a. Prosecutors b. Police officers c. Jurors d. Judges

D. Judges

The U.S. Supreme Court is granted the final word and ultimate say on matters of criminal procedure due to which of the following terms? a. Supervisory power b. Separation of powers c. Constitutional supremacy d. Judicial review

D. Judicial review

Draper v. U.S. established that an anonymous tip can ________ be used in and of itself to establish probable cause. a. sometimes b. always c. selectively d. never

D. Never

What case decision allowed for the extraction and storage of DNA in the case of incarcerated felons? a. Commonwealth v. Neilsen b. Nix v. Williams c. Kennedy v. Hardiman d. Padgett v. Donald

D. Padgett v. Donald

What is NOT a particular balancing interest in inventory searches? a. Prevention of terrorism. b. Punishing inmates through the use of regular, yet unpredictable searches. c. The need to maintain a germ-free environment for police officers. d. Protection of an individual's belongings while that person is in custody.

D. Protection of an individual's belongings while that person is in custody.

Which of the following is NOT one of the requirements to satisfy the Fourth Amendment's warrant requirement? a. Probable cause affidavit b. Knock-and-announce rule c. Particularity requirement d. Reasonable suspicion

D. Reasonable suspicion

This rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life. This is referred to as the ________ rationale. a. Miranda b. Forced Confessions c. States Rights d. Reliability

D. Reliability

If the appellate court sends the case back to the lower court for further action, the case has been: a. reversed b. affirmed c. dissented d. remanded

D. Remanded

Officers can always search anyone they are authorized to take into custody. This is a "bright line" rule, and is referred to as the: a. Rehnquist Rule b. "Dirty Harry" Rule c. Warren Rule d. Robinson Rule

D. Robinson Rule

Which evidence is protected by the Fifth Amendment? a. Appearance in a lineup b. Fingerprints c. Weapons d. Statements

D. Statements

The ________ Clause in Article VI together with judicial review establishes that all criminal procedures have to answer to the U.S. Constitution, and courts determine which procedures are in line with the Constitution.

D. Supremacy

In Mapp v. Ohio (1961) the court articulated:

D. The exclusionary rule applied to state searches and seizures

U.S. v. McCargo (2006) involved which of the following scenarios? a. The detention of a suspicious person at a sobriety check-point. b. The stop and search of a vehicle at an international border crossing. c. The stop of an African American male in a known gang neighborhood. d. The frisk of an individual before he was placed into a police cruiser.

D. The frisk of an individual before he was placed into a police cruiser.

The particularity requirement commands law enforcement officers to include what information in a search warrant? a. The specific charges associated that will be filed against the suspect. b. The specific time of day that the warrant will be executed. c. The specific reasons supporting probable cause to secure the warrant. d. The specific location of the physical area to be searched.

D. The specific location of the physical area to be searched.

In Graham v Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically "roughed up" by the police. The court said: a. The use of force was not excessive and upheld the conviction for being drunk in public. b. The police were justified in "roughing up" Graham and denying him any sugar or orange juice because it would have been "unreasonable" for the police to stop in the middle of an arrest and get him relief. c. The police were justified in using force but should have given him the juice. However, the conviction stood. d. The use of force was excessive and the case was remanded back to the lower court.

D. The use of force was excessive and the case was remanded back to the lower court.

What does the Supreme Court consider to be the primary exigent circumstance related to warrantless vehicle searches? a. Vehicles are frequently used to contain items which may be deemed contraban(d) b. Police officers place themselves at great risk if they can't search a vehicle without a warrant. c. It is inconvenient for police officers to secure a warrant during traffic stops. d. The vehicle is mobile and can be moved in the time it takes to get a warrant.

D. The vehicle is mobile and can be moved in the time it takes to get a warrant.

A writ of review issued by the Supreme Court to have a lower court send their court records up for review is referred to as a: a. writ of mandamus b. writ of corpus delicti c. writ of habeas corpus d. writ of certiorari

D. Writ of certiorari

When police stop a person for a very minor traffic violation intending to see if they can discover a more serious crime, this is called a ________ stop. a. probable cause b. corpus delicti c. "small fry" d. pretext

D. pretext

In Illinois v. Caballes (2005), the court held: a. that dog sniffs are never searches. b. that dog sniffs are stops and thus require reasonable suspicion. c. that a dog sniff of a car's exterior is a 'search' and thus requires a warrant. d. that a dog sniff of a car during a lawful traffic stop does not violate the Fourth Amendment.

D. that a dog sniff of a car during a lawful traffic stop does not violate the Fourth Amendment.

Atwater v. City of Lago Vista (2201) held that: a. citations are the sole way for law enforcement to deal with misdemeanor offenders. b. deadly force can be used for misdemeanor offenders. c. arrests are permitted only for felony offenses, with no exceptions. d. the Fourth Amendment authorized a police officer to make a full custodial arrest for committing a fine-only criminal offense in his presence.

D. the Fourth Amendment authorized a police officer to make a full custodial arrest for committing a fine-only criminal offense in his presence.

In Florence v. Board of Chosen Freeholders (2012), the court said that: a. a strip search of Florence should only have occurred with reasonable suspicion. b. a strip search of Florence should only have occurred with probable cause. c. a strip search of Florence should only have occurred with a warrant. d. the strip search before Florence entered the general jail population was reasonable.

D. the strip search before Florence entered the general jail population was reasonable.

The key test of the use of consent to search is the: a. minimal amount of force used. b. time element. c. use of corroboration. d. voluntariness of the consent.

D. voluntariness of the consent.

What did the court rule regarding the reasonableness of drug testing?

Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety, which outweighs the minimal invasion of privacy.

Stop and frisk law focuses on the application of the ______ Amendment to law enforcement practices.

Fourth

The U.S. Supreme Court has relied on three justifications for throwing out good evidence. Which of the following is NOT one of these three justifications?

Good faith

Which of the following would NOT justify an emergency search?

Inconvenient location to wait with suspect for a warrant.

U.S. v. Moscatiello (1985) involved police use of plain view at a physical location where they had no right to be (a warehouse). Although they observed contraband in the form of marijuana, they maintained surveillance and secured a warrant without using the drug observations as part of their probable cause. This decision created what exception to the exclusionary rule?

Independent source exception

In which case did the court rule that a person's right to privacy outweighed their location? That is, the person's expectation of privacy as opposed to the place that would have an expectation of privacy? a. Miranda v Arizona b. Mapp v Ohio c. Tennessee v Garner d. Katz v U.S.

NOT TENNESSESS

In ___________, the court held that students may be searched at schools based on reasonable suspicion rather than probable cause (due to the schools' need to maintain a healthy learning environment).

New Jersey v. T.L.O.

According to Michigan v. Sitz (1990), do DWI roadblocks constitute unlawful stops?

No, they are not unlawful because there is a compelling interest related to public safety.

For Fourth Amendment purposes, privately owned land not included within the area immediately surrounding the home is called ________.

Open Fields

According to the text, a vast majority of citizens never go further than which of the following legs of the criminal procedure road map?

Public places

Which of the following types of police questioning are excluded from the Miranda requirement?

Questioning at the scene of a crime, volunteered statements of any kind, questioning individuals in the fact-finding process, and questioning that is part of an investigatory stop.

Which of the following is NOT one of the requirements to satisfy the Fourth Amendment's warrant requirement?

Reasonable suspicion

_______________________ is when eyewitnesses are shown persons or objects and asked whether they are involved in the crime>

Recognition

What is needed to establish that government action is a search?

Societal recognition that a personal expectation of privacy is reasonable and the exhibition of a personal subjective expectation of privacy

In Florida v J,L. (2000), what did the court decide with regards to an anonymous tip regarding a man with a gun?

That an anonymous tip lacking any indications of reliability does not justify a stop and frisk, even though it did allege the illegal possession of a firearm.

In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture of three black suspects to obtain a confession, what were the findings of the court?

The Supreme Court relied upon the Fourth Amendment due process clause as well as held that forced confessions were not admissible as evidence.

Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and evidence weakens sufficiently?

The attenuation exception

Which of the following is NOT a direct exception to the exclusionary rule?

The case-in-chief part of the trial.

In the case of Wilson v Arkansas (1995), what did the court decide?

The issue of allowing police to enter without knocking was reasonable but the state courts were remanded to determine reasonableness for the use of a "no-knock" entry.

Which of the following places is/are not likely to be considered part of the curtilage?

Warehouses on the same property

Which of the following is NOT one of the five factors in the "totality of circumstance: that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?

Witness age at the time of the crime.

The first case to hold that unreasonable searches and seizures by state police violate defendants' due process rights (Fourteenth Amendment) but did not say how the states had to enforce it was:

Wolf v. Colorado

A petition for a writ of habeas corpus is:

a civil case that reviews the constitutionality of a petitioner's detention.

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court found that:

a misdemeanor exception to Miranda would pose too many administrative problems for courts and police.

In Florida v. Bostick (1991), the court had to address when a person was "stopped" when the person involved was:

a passenger on a public bus boarded by police agents.

What percent of defendants whose characteristics and behavior qualify them for mandatory minimum sentences actually receive a mandatory minimum sentence? a. 41% b. 97% c. 26% d. 2%

a. 41%

In County of Riverside v. McLaughlin, the court used ________ hours as the dividing line for when a probable cause to detain determination was presumptively timely or not. a. 48 hours b. 72 hours c. 24 hours d. 12 hours

a. 48 hours

What is the Supreme Court's most recent declaration on unanimous juries? a. A 10-2 verdict is "good enough" to support conviction. b. All verdicts in felony cases must be unanimous (12-0). c. There is no tolerance for jurors producing split decisions. d. Unanimous juries are only required in misdemeanor cases.

a. A 10-2 verdict is "good enough" to support conviction.

Which of the following is NOT a source of criminal procedural law? a. Administrative agency regulations b. State court opinions c. State rules of criminal procedure d. Model Code pf Pre-Arraignment Procedure.

a. Administrative agency regulations

The Fourteenth Amendment due process clause is applicable at which stages of the criminal process? a. At all stages of the criminal process b. Only after custodial interrogation begins c. Only at arrest d. Only after formal charges have been filed

a. At all stages of the criminal process

Constitutional torts against individual federal law enforcement officers are referred to as: a. Bivens actions b. due process torts c. corpus delicti actions d. habeas corpus actions

a. Bivens actions

A habeas corpus proceeding which is a separate civil action that does not challenge the guilt of the defendant, but instead the lawfulness of the defendant's imprisonment is referred to as a: a. Collateral Attack b. Collateral Estoppel c. Injunction d. Writ of Error

a. Collateral Attack

Sneak-and-peak search warrants were most frequently granted for what type of offenses in 2010? a. Drugs b. Fraud c. Weapons d. Terorism

a. Drugs

Through several case decisions the U.S. Supreme Court has held there is a right to counsel in all critical stages of the criminal justice system. Which of the following is NOT considered a critical stage? a. First appearance b. Pretrial hearings c. Bail determinations d. Arraignment

a. First appearance

In 1976 the U.S. Supreme Court made clear that it is a ________ Amendment seizure to stop a deportable alien for suspect immigration law crimes. a. Fourth b. First c. Second d. Fifth

a. Fourth

Boumediene v. Bush (2008) found that: a. there is no problem rank ordering enemy combatants in regard to their value to interrogators. b. Guantanamo detainees have a right to petition for a habeas corpus review. c. wireless surveillance of individuals thought to be training terrorists is permissible without a warrant. d. Guantanamo detainees do not have the rights afforded American citizens.

a. Guantanamo detainees have a right to petition for a habeas corpus review.

In U.S. v. Wade (1967), it was found that the law enforcement had violated the defendant's Sixth Amendment rights for what reason? a. He was placed in a lineup after being indicted without counsel present. b. Eyewitnesses were encouraged by police officers to select him from a line-up. c. There was insufficient clarity in a photograph used to identify him in a photo array. d. DNA samples were taken without consent from his attorney.

a. He was placed in a lineup after being indicted without counsel present.

________ are vested with the sole authority in determinate sentencing schemes. a. Legislators b. Prosecutors c. Parole officers d. Judges

a. Legislators

The 1961 case that reversed Wolf v Colorado and made the states follow the exclusionary rule was: a. Mapp v Ohio b. Mapp v Weeks c. Terry v Ohio d. Miranda v. Arizona

a. Mapp v Ohio

Which of the following is NOT considered to be a function of the first appearance? a. Negotiating plea bargains with the judge b. Appointing counsel for indigent defendants c. Informing defendants of the charges against them d. Setting and/or restricting bail and its conditions

a. Negotiating plea bargains with the judge

In which case did the court hold that there are no constitutional barriers to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his/her innocence? a. North Carolina v. Alford b. Mapp v. Ohio c. U.S. v. Weeks d. Terry v. Ohio

a. North Carolina v. Alford

________ tests the sufficiency of the government's case against defendants. a. Preliminary hearings b. Arraignment c. Pretrial motion hearing d. Deposition

a. Preliminary hearings

About 20% of defendants charged with petty offenses are released with a written promise to appear in court, which includes the charges and the court date, which the defendant signs, without admitting guilt. This is referred to as: a. R.O.R. (Released on Recognizance) b. Waiver of Bail Release c. Unsecured Bond Release d. Conditional Ticket Release

a. R.O.R. (Released on Recognizance)

Snyder v. Louisiana (2008) involved what issue that was successfully argued in a. Race-based peremptory challenges in the selection of a jury. b. Irregular jury deliberation and consequent fears of railroading the defendant. c. Improper jury instructions that excluded necessary elements. d. Lacking compulsory process guarantees with difficult to locate witnesses.

a. Race-based peremptory challenges in the selection of a jury.

During which of the following stages of the criminal process does an individual NOT have a right to counsel? a. Search following arrest b. Pretrial hearings c. Custodial interrogation d. Arraignment

a. Search following arrest

In California v. Hodari D. (1991), a juvenile dropped the drugs he was carrying before actually being 'seized' by police. What was the key issue in this case? a. That he was 'not' actually seized under the Fourth Amendment until he had actually been subdued or submitted to the police, thus the drugs were not admissible. b. That the recovery of the drugs was considered 'constructive possession.' c. The prosecution said since the defendant was being pursued chased by the police, the chase itself constituted a 'seizure' under the Fourth Amendment. Thus charging them with possession of the drugs was legitimate. d. That the real issue was that officers had actually seen him throw the drugs away.

a. That he was 'not' actually seized under the Fourth Amendment until he had actually been subdued or submitted to the police, thus the drugs were not admissible.

Which of the following is TRUE about NSLs? a. The Patriot Act did not create NSLs. b. NSLs are National Subpeona Limitations. c. The Patriot Act created NSLs. d. NSLs are the same as business records subpoenas.

a. The Patriot Act did not create NSLs.

Which of the following is NOT a direct exception to the exclusionary rule? a. The case-in-chief part of the trial b. Knock-and-announce c. Cross-examination d. Nontrial proceedings

a. The case-in-chief part of the trial

Which is true regarding suits against city agencies? a. The city/agency may be sued when their policies or customs result in injuries that the agency is responsible for under section 1983. b. There are no restrictions on suing any government agency or its agents. c. Police officers can never be sued under the Police Officer's Bill of Rights. d. A local government can be sued for an injury inflicted solely because of the individual actions by its employees or agents, whether on or off-duty.

a. The city/agency may be sued when their policies or customs result in injuries that the agency is responsible for under section 1983.

Manson v. Brathwaite (1977) sets up uniform use of what test to determine whether or not identification procedures were unduly prejudicial? a. The reliability test of eyewitness evidence b. The permissiveness test c. The descriptive capacity test d. The substantiality test of eyewitness evidence

a. The reliability test of eyewitness evidence

Between 1900 and the 1950's, what happened to the use of mandatory minimum sentences? a. They fell into disuse. b. They were merged into mandatory maximum sentences. c. They were banned in the U.S. d. They were legally declared illegal and outlawed.

a. They fell into disuse.

Which of the following is INCORRECT about juries? a. They must be 12 in number. b. They must be made up of a fair cross section of the community. c. Jury members cannot be excluded based on race, color, religion, sex, national origin or economic status. d. They are drawn from tax rolls, telephone books, voter's registration, and driver's license lists.

a. They must be 12 in number.

Which of the following is TRUE regarding the knock-and-announce exception? a. This exception permits the admission of evidence seized during searches of homes, even when officers violate the knock-and-announce rule. b. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule can be excluded from trial, but only at the discretion of the prosecutor. c. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is excluded from trial if a judge determines knock-and-announce was violated through a special suppression hearing. d. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is automatically excluded from trial.

a. This exception permits the admission of evidence seized during searches of homes, even when officers violate the knock-and-announce rule.

A military commission is also sometimes referred to as a military tribunal. a. True b. False

a. True

A review of the official data regarding complaints against officers reveals that consistently racial minority males are represented disproportionately among complainants. a. True b. False

a. True

An example of a pretrial motion is suppression of evidence. a. True b. False

a. True

An example of a voluntary false confessions is when a suspect confession due to a desire for notoriety. a. True b. False

a. True

Arresting and successfully establishing criminal liability against police officers is difficult to accomplish because it is hard to prove intent in many cases. a. True b. False

a. True

Criminal procedures are the rules government must follow in enforcing the criminal law. a. True b. False

a. True

DNA exonerations have proven that about 25 percent of the wrong convictions were due to innocent people confessing to crime they did not commit. a. True b. False

a. True

Defendants who did not commit the crime but may plead guilty are referred to as factually innocent, but legally guilty. a. True b. False

a. True

Falsely claiming citizenship is an offense that qualifies an alien for mandatory detention during deportation proceedings a. True b. False

a. True

Frisks are searches. a. True b. False

a. True

From 1986 through 2005, the U.S. Supreme Court took a very narrow view of habeas corpus and effectively limited the circumstances under which the defendant can file the writ. a. True b. False

a. True

General questioning at crime scenes, questioning during investigative stops, and questioning during booking are not considered custodial interrogation. a. True b. False

a. True

If police officers have probable cause to search, and they reasonable believe that evidence is in imminent danger of destruction, they can search without a warrant. a. True b. False

a. True

In Herring v. U.S. (2009) the court held that if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment but evidence obtained during a search incident to the unlawful arrest is admissible in court. a. True b. False

a. True

In the selection of a jury, some states exclude some occupations from jury participation. a. True b. False

a. True

Internal review consists of intake, investigation, deliberation, and disposition. a. True b. False

a. True

Lineups are more reliable than show-ups, and both are more reliable than photographic arrays. a. True b. False

a. True

One reason for the repeal of mandatory minimum penalties for drug law offenses was that they alienated youths from the general society. a. True b. False

a. True

Prisoners convicted by false forensic evidence can sue for their release. a. True b. False

a. True

Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment seizure. a. True b. False

a. True

Show-ups are less reliable than lineups.

a. True

Stovall v. Denno (1967) introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment. a. True b. False

a. True

The Bush Administration declared that most of the detainees captured in the war in Afghanistan were unlawful enemy combatants. a. True b. False

a. True

The Detainee Treatment Act of 2005 amended the Habeas Corpus Act to strip federal courts of jurisdiction over habeas petitions filed by Guantanamo Bay detainees. a. True b. False

a. True

The Fifth Amendment of the constitution bans double jeopardy. a. True b. False

a. True

The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution. a. True b. False

a. True

The balance between result and process never rests at a point that satisfies everyone. a. True b. False

a. True

The greater the limits the government places on an individual's autonomy, the more facts must back up the government's actions. a. True b. False

a. True

The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement conduct is called the deterrence justification. a. True b. False

a. True

The public safety exception to issuing Miranda warning was created in New York v. Quarles (1986). a. True b. False

a. True

The raise or waive doctrine relates to the principle of judicial economy in limiting criminal appeals. a. True b. False

a. True

The rule that sets a superior as liable for a subordinate's torts within the scope of employment is called the doctrine of respondeat superior. a. True b. False

a. True

The supreme court has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms.

a. True

U.S. v. Leon (1984) was a U.S. Supreme Court opinion that expended the good faith exception. a. True b. False

a. True

Under sentencing guidelines, Black and Hispanic defendants are less likely to receive a downward departure and more likely to receive upward departures than Whites. a. True b. False

a. True

Under the moral seriousness standard, even crimes which are punishable by less than six months incarceration can warrant a trial by jury because of their moral quality. a. True b. False

a. True

the Fourth Amendment does NOT prohibit all "no-knock" entries. a. True b. False

a. True

In which case did the court say that regarding selective enforcement of drug laws the majority of elevated penalties fall on Blacks while the majority of users were white? a. U.S. v Armstrong b. Terry v Ohio c. U.S. v Weeks d. Miranda v Arizona

a. U.S. v Armstrong

The "Christian Burial Speech" became infamous as the motivation for Robert Williams leading police officers to the body of a child he murdered. The decision in Nix v. Williams (1984) created the inevitable discovery rule because: a. a search party was converging on the area where the body was located and it would have been found without the assistance from Williams. b. murder suspects have no expectation of equitable treatment in the case of child killings. c. there was a snowstorm coming and weather overrode the Constitution. d. it was the just and decent thing for Williams to do in giving up the information.

a. a search party was converging on the area where the body was located and it would have been found without the assistance from Williams.

Judges enjoy ________ immunity from civil liability while on the bench and can therefore act without overwhelming constraints on their judicial decision-making for fear of lawsuits. a. absolute b. exclusive c. unqualified d. unrestricted

a. absolute

In order to secure a criminal conviction, the state is obligated to present evidence that is: a. beyond a reasonable doubt b. persuasive and compelling c. clear and convincing d. absolutely certain

a. beyond a reasonable doubt

The ________ approach was NOT an approach used by the U.S. Supreme Court in analyzing interrogation and confession cases? a. coercion b. self-incrimination c. due process d. right to counsel

a. coercion

The landmark Supreme Court case of Tennessee v. Garner (1985) involved the authority of police to use deadly force to stop fleeing felons. a. deadly force could be used only if the officers using deadly force had probable cause to believe the fleeing felon posed a physical danger to himself or others. b. deadly force could be used only if the officer using it had reasonable suspicion that the fleeing felon posed a physical danger to himself or others. c. deadly force could be used by the officer only if there was no other means reasonably available to stop the fleeing felon d. the Constitution does not address such situation.

a. deadly force could be used only if the officers using deadly force had probable cause to believe the fleeing felon posed a physical danger to himself or others.

Prosecutors enjoy ________ immunity. a. functional b. unqualified c. qualified d. dependent

a. functional

What type of immunity was established in Imbler v. Pachtman (1976), Burns v. Reed (1991), Buckley v. Fitzsimmons (1993), and Kalina v. Fletcher (1997)? a. functional immunity b. unqualified immunity c. qualified immunity d. dependent immunity

a. functional immunity

U.S. v Leon (1984) created the: a. good-faith exception b. deterrence justification c. distinction between good evidence and bad evidence d. exclusionary rule

a. good-faith exception

Sentencing that places the power to sentence in the hands of judges and parole boards, is referred to as: a. indeterminate sentencing b. determinate Sentencing c. judicial discretion d. penal prerogative

a. indeterminate sentencing

Criminal procedure refers to the methods the government can use to: a. investigate, prosecute, convict, and punish criminals. b. investigate and prosecute criminals. c. investigate, prosecute, and convict criminals. d. investigate criminals.

a. investigate, prosecute, convict, and punish criminals.

President Bush's order creating military courts after 9/11 limits their jurisdiction only to: a. non-citizens b. U.S. citizens c. illegal immigrants d. military personnel

a. non-citizens

The person who initiates a civil action in court is referred to as the: a. plaintiff b. defendant c. penitent d. respondent

a. plaintiff

Law enforcement officers have a defense called ________ , wherein individual officers cannot be held personally liable for official action if their action meets the test of objective legal reasonableness. a. qualified immunity b. the Bivens umbrella c. the good faith defense d. the law enforcement exception

a. qualified immunity

The term ________ prosecution refers to prosecutorial discretion in determining which cases are actively pursued in light of resource availability and priority of case outcomes. a. selective b. situational c. flexible d. indeterminate

a. selective

District Attorney's Office for the Third Judicial District and others v. William G. Osborne (2009), ruled that: a. there is no constitutional right of access to forensic evidence. b. there is a constitutional right of access to forensic evidence only in sexual assault and death penalty cases. c. there is a constitutional right of access to forensic evidence if the defendant as the means to pay for the forensic testing. d. there is a constitutional right of access to forensic evidence, without restriction.

a. there is no constitutional right of access to forensic evidence.

The __________ exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough.

attenuation

What percentage of terrorism cases in federal courts were acquittals from September 2001 through June 2009? a. 60% b. 9% c. 31% d. 86%

b. 9%

Which is TRUE with regard to appeals? a. Defendants only have one formal Constitutional right; to appear to the U.S. Supreme court. b. Although defendants do not have a constitutional right to appeal, every jurisdiction provides a statutory right to appeal to an intermediate appellate court, and a discretionary right to appeal to the state or U.S. Supreme Court. c. Defendants may appeal at any time for any reason; this is the essence of due process and is a Constitutional right that cannot be denied d. Defendants have a constitutional right to appeal every case as far as the state supreme court.

b. Although defendants do not have a constitutional right to appeal, every jurisdiction provides a statutory right to appeal to an intermediate appellate court, and a discretionary right to appeal to the state or U.S. Supreme Court.

In Lockyer v. Andrade (2003), the majority of the court found that: a. 25 years to life is a disproportionate sentence for stealing a golf club. b. Andrade's sentence of 50 years for shoplifting $150 worth of videos was not cruel and unusual punishment under California's three strikes law. c. the Eighth Amendment's narrow proportionality requirement only applies to death penalty cases. d. California's three strikes mandatory sentencing scheme violates the Eighth Amendment disproportionality aspects of cruel and unusual punishment.

b. Andrade's sentence of 50 years for shoplifting $150 worth of videos was not cruel and unusual punishment under California's three strikes law.

Suspected terrorists can be tried in ordinary courts or special military courts. The ordinary courts are alternatively referred to as: a. military review task forces b. Article III courts c. constitutional courts d. surveillance courts

b. Article III courts

Which case addressed the question of whether Guantanamo Bay detainees are guaranteed the constitutional right to habeas corpus unless Congress suspends the writ under the suspension clause? a. Hamdan v. Rumsfeld b. Boumedience v. Bush c. Rasul v. Bush d. Padilla v. United States

b. Boumedience v. Bush

________ bargaining refers to bargaining for a reduction in either the number or severity of criminal charges. a. Plea b. Charge c. Sentence d. Fact

b. Charge

The test for allowing a defendant to be jailed prior to trial is based on: a. Only prior criminal history b. Clear and convincing evidence that the defendant either won't appear or is a threat to public safety. c. If the offense is a misdemeanor d. If the victim has received death threats

b. Clear and convincing evidence that the defendant either won't appear or is a threat to public safety.

Which of the following stages occurs before the others in a criminal trial? a. Jury deliberations b. Closing arguments c. Jury instructions d. Verdict

b. Closing arguments

________ is the start of formal court proceedings. a. Booking b. Decision to charge c. Sentencing d. Arrest

b. Decision to charge

Which is NOT one of the three most common methods of eyewitness identification? a. Lineups b. Describing a suspect to a sketch artist c. Picture ID d. Show-ups

b. Describing a suspect to a sketch artist.

The exclusionary rule is intended to accomplish which of the following goals? a. Evading loopholes that allow criminals to gain an acquittal on technicalities. b. Enforcing good conduct requirements for law enforcement officers conducting search and seizure activities. c. Enabling judges to better evaluate the character of the defendant by excluding any possible defense objection at trial. d. Encouraging police misconduct in favor of arrests and prosecutions by selectively excluding evidence sharing requirements in discovery.

b. Enforcing good conduct requirements for law enforcement officers conducting search and seizure activities.

A bench trial is a trial with a jury. a. True b. False

b. False

A federal grand jury consists of 12 jurors. a. True b. False

b. False

A military commission is the same as a military courts martial. a. True b. False

b. False

According to legal and social science research, forensic error is very rare. a. True b. False

b. False

According to research by sociologist Richard Leo, most police interrogations were coercive.

b. False

According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment's protection from illegal searches and seizures to solutions other than the exclusionary rule had been effective.

b. False

According to the privacy doctrine, the Fourth Amendment protects places, not persons. a. True b. False

b. False

Habeas corpus is also called the "great writ of freedom." a. True b. False

b. False

If a defendant is indicted or bound over, the next step in the criminal process is the preliminary hearing. a. True b. False

b. False

In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violations of the exclusionary rule even if officers have a valid warrant to search a home. a. True b. False

b. False

Information received from anonymous informants is always considered equal in quality to that received from known informants in providing reasonable suspicion for a stop. a. True b. False

b. False

Instructions to the jury come before closing arguments in a trial. a. True b. False

b. False

Internal affairs review involves review of complaints against police officers with participation by individuals who are not sworn police officers. a. True b. False

b. False

Officers who prompt a suspect who has explicitly invoked his right to remain silent to reconsider because there could be "consequences" for refusing to cooperate are acting appropriately as long as no physical violence is used. a. True b. False

b. False

Pre-1967, the courts had a very "hands-on" approach to admitting evidence of lineups and show-ups. a. True b. False

b. False

Special-needs searches can never result in prosecution and conviction.

b. False

The Supreme Court has not applied the Fourth Amendment to "special needs" that aren't directly related to criminal law enforcement. a. True b. Fasle

b. False

The court may not exclude a criminal defendant from his own trial even if he is obstructing the trial procedure due to the Sixth Amendment right to confrontation. a. True b. False

b. False

The exclusionary rule has been firmly articulated in the Constitution. a. True b. False

b. False

The open fields doctrine protects land from intrusion where owners have put up "no trespassing" signs. a. True b. False

b. False

Victims and witnesses are the source of most hearsay information the police obtain. a. True b. False

b. False

When a suspect is arrested in a car or other vehicle, police as part of the search incident to arrest may search the vehicle's trunk. a. True b. False

b. False

In this process, the defendant is informed of the charges, advised of their rights, bail is set, and an attorney is appointed for indigent defendants. This is called the: a. Pretextual adjudication b. First appearance c. Grand jury hearing d. Preliminary hearing

b. First appearance

Which case allowed the right to counsel for "indigents" for felonies? a. Terry v Ohio b. Gideon v Wainwright c. Bell v Wolfish d. Mapp v Ohio

b. Gideon v Wainwright

U.S. v. Moscatiello (1985) involved police use of plain view at a physical location where they had no right to be (a warehouse). Although they observed contraband in the form of marijuana, they maintained surveillance and secured a warrant without using the drug observations as a part of their probable cause. This decision created what exception to the exclusionary rule? a. Public safety exception b. Independent source exception c. Good faith exception d. Inevitable discovery exception

b. Independent source exception

Which is true about deoxyribonucleic acid (DNA)? a. It can only identify suspects, it cannot exclude suspects. b. It can both identify and exclude suspects. c. It can neither identify nor exclude suspects, it can only match suspects. d. It cannot identify suspects, but it can exclude suspects.

b. It can both identify and exclude suspects.

Which of the following is NOT a type of false confession? a. Internalized false confession b. Media-induced false confession c. Voluntary false confession d. Compliant false confession

b. Media-induced false confession

Is there a minimum number of individuals who must comprise a lineup? a. Yes, there must be at least 7 people in a lineup for felony cases. b. No, there is no minimum and the number of people in the lineup is less important than consistency in the lineup. c. No, there is no minimum, but there is a requirement that there should be a 50-50 racial split. d. Yes, there is a minimum, but this is only applicable when the suspect has committed a violent crime.

b. No, there is no minimum and the number of people in the lineup is less important than consistency in the lineup.

Can U.S. citizens be detained indefinitely if they are suspected of aiding terrorists? a. Yes, under any circumstances. b. No. c. No, not unless they consent to be held indefinitely. d. Yes, if there is reasonable suspicion to connect them to a hostile foreign government.

b. No.

Which of the following is NOT a correct component of sentencing guidelines? a. Uniformity - similar offenses should receive similar punishments b. Rehabilitation of offender c. Certainty and truth in sentencing d. Retribution, deterrence and incapacitation

b. Rehabilitation of offender

Which of the following is NOT one of the three established justifications for the exclusionary rule? a. Deterrence justification b. State's rights justification c. Judicial integrity Justification d. Constitutional justification

b. State's rights justification

Which of the following is TRUE with regard to bail? a. The Eighth Amendment states that citizens have a Constitutional right to bail. b. The Judiciary Act of 1789 provides that a person charged with a non-capital offense shall be permitted to bail. c. The Judiciary Act of 1789 did NOT provide that a person charged with a non-capital offense shall be permitted bail. d. The Judiciary Act of 1789 and the Eighth Amendment provides that a person charged with any offense shall be permitted bail.

b. The Judiciary Act of 1789 provides that a person charged with a non-capital offense shall be permitted to bail.

Which of the following is FALSE regarding the Patriot Act compared to an ordinary grand jury? a. The Patriot Act requires minimization procedures to protect the privacy of innocent Americans. b. The Patriot Act has a broader scope. c. The Patriot Act provides for judicial review. d. The Patriot Act provides for robust congressional oversight.

b. The Patriot Act has a broader scope.

In private Bail Bonds, the bond agency charges usually 10%. Which of the following is TRUE? a. The defendant's bail deposit is returned if they appear in court. b. The defendant forfeits the 10% upon appearance, but forfeits the whole amount if they do not appear. c. The defendant must pay the 90% balance upon sentencing. d. The defendant must pay the 90% balance prior to trial.

b. The defendant forfeits the 10% upon appearance, but forfeits the whole amount if they do not appear.

Which of the following statements is TRUE with regard to the Miranda warning? a. The warnings are inherent in the self-incrimination clause of the Fifth Amendment. b. The warnings are not inherent in the self-incrimination clause of the Fifth Amendment. c. Officers must also advise suspects that when they exercise their right against self-incrimination, they can be penalized for remaining silent as it infers guilt. d. The warnings are not valid for federal offenses.

b. The warnings are not inherent in the self-incrimination clause of the Fifth Amendment.

Which of the following is NOT one of the five factors in the "totality of circumstances" that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification? a. Witness opportunity to observe. b. Witness age at the time of the crime. c. Witness level of certainty when identifying the suspects during the ID procedure. d. Witness degree of attention at the time of the crime.

b. Witness age at the time of the crime.

The first case to hold that unreasonable searches and seizures by state police violate defendant's due process rights (Fourteenth Amendment) but did not say how the states had to enforce it was: a. Mapp v Ohio b. Wolf v Colorado c. U.S. v Miranda d. U.S. v Weeks

b. Wolf v Colorado

When an official takes a person into custody and holds him for anywhere between a few hours to a few days to answer for a criminal charge, the official has conducted: a. a stop b. a custodial arrest c. a detention d. imprisonment

b. a custodial arrest

Retrieval errors are: a. either errors of omission or errors of commission b. always errors of commission c. intentional d. always errors of omission

b. always errors of commission

The ________ exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough. a. deterrence b. attenuation c. ethical d. constitutional

b. attenuation

A ________ administrator is one who should be used to conduct lineups, to ensure that neither party knows who the suspect is and therefore cannot influence the identification. a. shielded b. blind c. spotter d. feigned

b. blind

The Patriot Act ________ provision creates a national security equivalent of grand jury subpoenas. a. safeguard b. business records c. lone wolf d. white collar

b. business records

Under The Patriot Act, the government can do all of the following EXCEPT: a. cannot ever access 'stored' wire and electronic communications, only 'live' communications b. capture e-mail messages and headers. c. access information stored within 6 months or longer with a warrant. d. can access information related to any criminal investigation, not just acts of terrorism.

b. capture e-mail messages and headers.

Heightening the possibility of a successful Bivens action requires the plaintiff to prove that: (1) an officer was acting under the color of the law; and (2): that the officer: a. used reasonable force to arrest but nonetheless injured the person. b. deprived that person of a constitutional right. c. produced an observable physical injury to the claimant. d. willfully neglected the request of a private citizen for help because of having to prioritize other calls for service.

b. deprived that person of a constitutional right.

You not only have the right to counsel, but also the right to: a. affordable counsel b. effective counsel c. comparative counsel d. reasonable counsel

b. effective counsel

When issuing mandatory minimum sentences, judges: a. should only apply this to "three strikes" offenders on the third offense. b. have the discretionary ability to sentence offenders to greater than the minimum sentence. c. can alter the sentence to be less than the minimum for mitigating factors. d. must give the exact sentence laid out in the sentencing guidelines.

b. have the discretionary ability to sentence offenders to greater than the minimum sentence.

According to the Supreme Court in Powell v. Alabama, the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train: a. the due process clause requires states to follow all of the federal government's rules of criminal procedure. b. in the severe circumstances of this case, the state was required under federal Constitution to provide counsel for the defendants. c. the entire Bill of Rights applies to state criminal procedure. d. all criminal defendants are entitled to a lawyer in every criminal case free of charge.

b. in the severe circumstances of this case, the state was required under federal Constitution to provide counsel for the defendants.

The court has applied the ________ exception to the exclusionary rule for scenarios in which police violate the Constitution looking for evidence, and then, in a totally separate action get the same evidence lawfully. a. public safety b. independent source c. good faith d. inevitable discovery

b. independent source

Town of Castle Rock v. Gonzalez (2005) ruled that: a. individuals have a constitutional right to have restraining orders enforced. b. individuals have no constitutional right to have restraining orders enforced. c. individuals have a constitutional right to have restraining orders enforced if the underlying allegation would be a felony. d. individuals have no constitutional right to have restraining orders enforced, unless a previous action (not just threats) has occurred.

b. individuals have no constitutional right to have restraining orders enforced.

The fundamental fairness doctrine of due process requires states to provide: a. notice to defendants of the charges against them, an attorney at state expense of they cannot afford one, and a hearing on the facts before conviction and punishment. b. notice to defendants of the charges against them and hearing on the facts before conviction and punishment. c. notice to defendants of the charges against them, a grand jury proceeding, and a hearing on the facts before conviction and punishment. d. a grand jury proceeding only.

b. notice to defendants of the charges against them and hearing on the facts before conviction and punishment.

There is no right to a jury trial if you commit a: a. felony. b. petty offense punishable by less than 6 months imprisonment. c. misdemeanor. d. capital offense.

b. petty offense punishable by less than 6 months imprisonment.

A protective procedure against violations of constitutional rights is referred to as a ________ rule. a. irreversible error b. prophylactic c. non-violate d. pro se

b. prophylactic

Grounds to reverse the trial court's decision of guilt is referred to as ________ errors. a. unforeseen b. reversible c. collective d. irreversible

b. reversible

According to the U.S. Supreme Court, there is an exception to the no-duty-to-protect-rule, referred to as the: a. good faith exception. b. special relationship exception. c. danger exception. d. total immunity exception.

b. special relationship exception.

In Hamdan v. Rumsfeld (2006), the Supreme Court found that: a. the establishment of a permanent border checkpoint was unconstitutional. b. the DTA did not apply to petitions filed prior to its enactment. c. the DTA applies to petitions filed both before and after its enactment. d. there is no reason to consider that illegal immigrants can be stopped with reasonable suspicion.

b. the DTA did not apply to petitions filed prior to its enactment.

The sources of American criminal procedure law include a. federal rules of criminal and state court opinions. b. the U.S. Constitution, U.S. Supreme Court decisions, federal rules of criminal procedure, and state court opinions c. the U.S. Constitution d. U.S. Supreme Court decisions and federal rules of criminal procedure.

b. the U.S. Constitution, U.S. Supreme Court decisions, federal rules of criminal procedure, and state court opinions

In order to determine whether a guilty plea is voluntary, the court looks at: a. whether the defendant has complained of coercion. b. the totality of the circumstances. c. an affidavit by the defense attorney. d. the plea petition.

b. the totality of the circumstances.

Most courts will not throw out faulty lineup identifications, believing the average person can discern the correct person in a lineup, and that the jurors can decide for themselves whether the identification was faulty. Research however, shows that: a. eyewitnesses are consistently accurate and three of four identifications are correct, therefore the courts are correct in letting jurors decide. b. this trust is misplaced since most eyewitnesses are not that accurate, thus jurors may believe up to three of four misidentifications as fact. c. eyewitness identification has improved with the advent of laser eye surgery. d. eyewitness identification has improved with the advent of more television shows and movies about forensics.

b. this trust is misplaced since most eyewitnesses are not that accurate, thus jurors may believe up to three of four misidentifications as fact.

The process of selecting a jury to sit on a criminal trial is called: a. vendre dire b. voir dire c. venire d. nullification

b. voir dire

The Supreme Court's decision in Weeks v. U.S. in 1914 is significant because it:

began the Fourth Amendment's annexation of the exclusionary rule.

According to Schmerber v. California (1966), the U.S. Supreme Court decided that:

blood extraction without consent was permissible to produce a sample that could be analyzed for evidentiary use.

What type of instruction given to witnesses actually improves the accuracy of line up identifications? a. "The suspect is definitely in the group." b. "We think the suspect is in the group." c. "The suspect may or may not be in the group." d. "If you think the suspect is one of the people in the line up, that's good enough for us."

c. "The suspect may or may not be in the group."

Which of the following is NOT part of the jury instructions by the judge? a. The presumption of innocence. b. The prosecution bears the burden of proving guilt beyond a reasonable doubt. c. A commentary on the defendant's guilt. d. The definition of all the elements of the crimes charged.

c. A commentary on the defendant's guilt.

Stovall v. Denno dealt with the admissibility of a show up in the context of what activity? a. Police canvassing a neighborhood with the witness in a cruiser. b. A chance encounter with a photo array while discussing an unrelated crime. c. A witness making identification during an emergency hospitalization. d. An accidental run-in with a suspect in a courthouse.

c. A witness making identification during an emergency hospitalization.

To claim successfully that their Fifth Amendment right against self-incrimination was violated, defendants have to prove three elements. Which of the following is NOT one of these three elements? a. Testimony b. Incrimination c. Abuse by law enforcement officers d. Compulsion

c. Abuse by law enforcement officers

Diversion involves which of the following activities? a. Ensuring that parolees are able to divert funds into a savings account for paying fines. b. Assigning 24 hour oversight of offenders with a history of two or more offenses because of jail overcrowding. c. Diverting suspects into treatment programming as a measure to avoid trial and it may involve a conditional dropping of charges. d. Sending the convicted offender to jail by diverting him first to a work program.

c. Diverting suspects into treatment programming as a measure to avoid trial and it may involve a conditional dropping of charges.

In Strickland v. Washington, the Court created a two-prong test to evaluate which aspect of the criminal defendant's experience? a. Likelihood of prejudice warranting a change of venue b. Appropriate construction of a jury at voir dire c. Effectiveness of counsel in criminal proceedings d. Reasonableness of accommodations in pretrial detention

c. Effectiveness of counsel in criminal proceedings

Which case linked the Fifth and Sixth Amendments (self-incrimination and right to counsel)? a. Miranda v Arizona b. Terry v Ohio c. Escobedo v Illinois d. Mapp v Ohio

c. Escobedo v Illinois

The exclusionary rule is a vehicle to protect the ________ Amendment. a. Eighth b. Fourteenth c. Fourth d. First

c. Fourth

Which of the following is NOT one of the reforms aimed at reducing the false confession problem? a. Record interrogations and confessions b. Eliminate police use of false information during interrogation c. Limiting the Miranda warning d. Reduce the length of time in custody and interrogation

c. Limiting the Miranda warning

Which form of sentencing requires judges to impose a non-discretionary amount of prison time that all prisoners must serve? a. Judicial discretionary sentences b. Victim based sentences c. Mandatory minimum sentence d. Administrative segregation (Ad Seg) sentences

c. Mandatory minimum sentence

Which of the following stripped all federal courts of jurisdiction over all habeas petitions filed by Guantanamo Bay detainees regardless of when they were filed. a. Authorization for the Use of Military Force b. Presidential Proclamation 7463 c. Military Commissions Act of 2006 d. Military Order of November 13, 2001

c. Military Commissions Act of 2006

________ consists of a panel of military officers acting under military authority to try enemy combatants for war crimes. a. Article III review b. Military courts martial c. Military commission d. Specialized community review

c. Military commission

Which of the following is NOT an offense that qualifies an alien for mandatory detention during deportation proceedings? a. Treason b. Failure to register as a sex offender c. Misdemeanor d. Domestic violence

c. Misdemeanor

________ is the attorney's opportunity to tell the jury what the case involves. a. Closing statements b. Voir dire c. Opening statements d. Jury instructions

c. Opening statements

Lockyer v. Andrade (2003) dealt with which of the following constitutional questions? a. Proportionality of a death sentence in a child rape and assault case. b. Acceptability of sentencing a convicted felon in absentia. c. Permissibility of a 50 year sentence for shoplifting under a "three strikes" law. d. Denial of a duly filed habeas corpus petition seeking judicial relief.

c. Permissibility of a 50 year sentence for shoplifting under a "three strikes" law.

The process for allowing judges to deny bail to dangerous defendants is referred to as: a. Judicial prerogative b. Selective enforcement c. Preventive detention d. Selective incapacitation

c. Preventive detention

The rule that allows the police to ask someone where a weapon might be, so as not to endanger citizens, without giving the Miranda warning, is referred to as the: a. Fleeing Felon Rule b. Wharton Rule c. Public Safety Exception d. Bright Line Rule

c. Public Safety Exception

Under ________ , state and local governments are liable for the torts of their employees, only if the employees committed the torts during the course of their employment. a. Caveat Emptor b. Habeas Corpus c. Respondeat Superior d. In Flagrente Delicti

c. Respondeat Superior

The act that allows individuals to sue state and local governments, their agencies, and agents for Civil Rights violations, falls under the: a. Civil section of each state's Civil Procedure code only b. Title 41, U.S. Code Conspiracy Against Citizens, section 3D c. Section 1983 actions, Chapter 42, Section 1983, U.S. Code d. Local state's Penal Code

c. Section 1983 actions, Chapter 42, Section 1983, U.S. Code

The right to a trial by jury is found in the ________ Amendment to the a. Eighth b. Fifth c. Sixth d. Fourteenth

c. Sixth

The guarantee that defendants can confront and cross-examine prosecution witnesses represents the fruit of what court case? a. Johnson v. Louisiana b. Nix v. Williams c. Smith v. Illinois d. Brady v. U.S.

c. Smith v. Illinois

What is the term used for warrants that allow officers to enter private places without the owner/occupant consenting or even knowing about it? a. Knock and peak warrants b. Knock and announce warrants c. Sneak-and-peek search warrants d. Peek and announce warrants

c. Sneak-and-peek search warrants

When was the first time that the 'sneak and peek' warrants became part of statutes? a. The Warren Commission b. The Civil Rights Act of 1964 c. The Patriot Act d. The Crime and Justice Act of 1990

c. The Patriot Act

Coker v. Georgia (1977) dealt with which of the following issues? a. Jury nullification in a domestic violence homicide b. Suspended sentencing that doubled time served for good behavior c. The death sentence for raping an adult woman being "grossly disproportionate" d. Refusal of a habeas corpus petition by a federal court

c. The death sentence for raping an adult woman being "grossly disproportionate"

Which of the following is NOT part of the forensic proof process under the lpse dixit statutes. a. The lab doing the testing prepares a report of the conclusion. b. The lab report proves the chain of command. c. The defense attorney hires a private lab to conduct one or more forensic tests. d. The lab report follows the statute's requirements.

c. The defense attorney hires a private lab to conduct one or more forensic tests.

Which is true in analyzing a case brief such as Bostick v State, 554 So. 2nd 1153 (Fla. 1989): a. The name of the prosecutor is Bostick b. The second number, 1153, is the volume of the set of published legal reports c. The first number, 554, is the volume of the set of published legal reports d. 554 is the page number of the citation

c. The first number, 554, is the volume of the set of published legal reports

What did the court decide with regards to show-ups where the police typically bring one person by for the victim or witness to identify? a. The police can only use a show-up if the suspect consents. b. The police can no longer use show-ups unless they have at least two or more suspects. c. This process is highly suggestive and widely condemned, but it does not deny due process and is therefore permitted. d. Since the process is highly suggestive and widely condemned, it violates due process and therefore cannot be used.

c. This process is highly suggestive and widely condemned, but it does not deny due process and is therefore permitted.

The U.S. Supreme Court gave birth to the exclusionary rule in what landmark 1914 decision? a. Silverthorne Lumber Co. v. U.S. b. Wolf v. Colorado c. Weeks v. U.S. d. Mapp v. Ohio

c. Weeks v. U.S.

Examples of direct evidence that police can use to build probable cause include: a. a tip from a reliable informant and a suspect fleeing an officer b. a suspect fleeing an officer and a suspect making furtive movements. c. a DNA profile, a suspect fleeing an officer, and a suspect making furtive movements. d. DNA profile.

c. a DNA profile, a suspect fleeing an officer, and a suspect making furtive movements.

Courts that have allowed the state-created danger exception apply it in one of two ways. The first way requires (a) a special relationship between the government and the victim, plus (b): a. a danger created by the plaintiff b. an affirmative defense c. a danger created by the state d. a plaintiff who committed only a minor offense

c. a danger created by the state

The text refers to ________ as police actions and procedures that violate any of the five constitutional rights. a. good methods b. good evidence c. bad methods d. bad evidence

c. bad methods

The Miranda warnings were intended to remove ________ from police custodial interrogations? a. the use of lies to elicit confessions b. all pressure on the criminal suspect c. coercion d. using informants

c. coercion

In ________ cases, prosecutors agree to drop the case before formal judicial proceedings begin, on the condition that suspects participate in and complete a program. a. validated b. discretion-laden c. diversion d. selective

c. diversion

The first U.S. ________ case was DeShaney v. Winnebago County Department of Social Services (1989). a. qualified immunity b. good faith exception c. duty-to-protect d. vicarious official immunity

c. duty-to-protect

The application of scientific methods and techniques to investigate crimes is referred to as: a. digital evidence science b. DNA science c. forensic science d. forensicology

c. forensic science

The ________ bans not only evidence illegally obtained directly but also evidence derived from the illegally obtained evidence. a. constitutional justification b. ethical doctrine c. fruit of the poisonous tree doctrine d. deterrence justification

c. fruit of the poisonous tree doctrine

In re National Security Letter (2013) involved a San Francisco U.S. District Court which held that: a. the First Amendment is not an issue with regard to NSLs. b. issued an NSL did not violate the First Amendment. c. issuing an NSL violated the First Amendment. d. an NSL cannot be used for internet providers.

c. issuing an NSL violated the First Amendment.

The total incorporation doctrine: a. would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty." b. leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine. c. means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure. d. means that the equal protection clause incorporates the provisions in all of the Bill of Rights relating to criminal procedure.

c. means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure.

Jury nullification occurs when jurors: a. pointedly refuse to return a verdict because of indecision. b. deadlock and are unable to come to a conclusion regarding guilt. c. produce an acquittal in the face of evidence beyond a reasonable doubt. d. deliberate for such a lengthy time that the judge must intervene.

c. produce an acquittal in the face of evidence beyond a reasonable doubt.

A punishment assigned to a convicted criminal defendant that is deemed to be "grossly disproportionate" to the offense committed does NOT meet the demands of the: a. determinate sentencing mandates b. Cruel and Unusual Punishment Law c. proportionality principle d. Truth in Sentencing guidelines

c. proportionality principle

When a prosecutor acts as an administrators or investigator, they are entitled to ________ immunity, unless their misconduct violated clearly established law that a reasonable prosecutor would have known. a. functional b. unqualified c. qualified d. dependent

c. qualified

In police complaints, if an officer is disciplined for his/her actions resulting from the complaint, this means that the complaint was: a. exonerated b. non-sustained c. sustained d. unfounded

c. sustained

Generally, police are under no affirmative duty to protect, meaning they cannot be sued for failing to take action which would protect a citizen. However, there is an exception to this rule when: a. the police fail to prevent a crime that leads to an injury. b. the police fail to arrest when they have probable cause to make an arrest. c. the police take an individual into custody against their will and put them in a situation where they cannot protect themselves. d. the citizen is in the witness protection program after acting as a state witness.

c. the police take an individual into custody against their will and put them in a situation where they cannot protect themselves.

Categorical suspicion:

can be one of the factors in the entire picture of reasonable suspicion.

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:

cause the witness to have greater confidence in the accuracy of their identification.

According to the waiver test of consent:

consent search is valid only if the person consenting voluntarily and knowingly waives her Fourth Amendment rights.

according to the Court of Appeals decision in United States v. Rodney:

consent to search a person includes consent t frisk the groin area.

Who determines the ultimate legitimacy of a request for an arrest warrant? a. The officer making the arrest b. The district attorney c. The chief of police d. A neutral magistrate

d. A neutral magistrate

The decision in Manson v Brathwaite (1977) revolved around statements by an undercover officer who did not know Brathwaite, and: a. A photo lineup with 5 white suspects, except the defendant, who was a black male. b. A show-up on the street where Brathwaite was the only suspect. c. A lineup where the suspect was picked out of a group of similar looking individuals. d. A single photograph shown to the officer of the suspect two days after the sale of narcotics took place.

d. A single photograph shown to the officer of the suspect two days after the sale of narcotics took place.

In which of these situations would an individual be considered "in custody"? a. A probationer attends a routine meeting with their probation officer. b. An individual is detained during a routine traffic stop. c. An individual is detained during the execution of a search warrant. d. An individual is unable to leave, and there is a significant restraint of their freedom of movement.

d. An individual is unable to leave, and there is a significant restraint of their freedom of movement.

The 2000 case that brought an end to the "hands off" approach used by the U.S. Supreme Court when it came to reviewing sentencing decisions is: a. Arizona v. Ring b. U.S. v. Booker c. Blakely v. Washington d. Apprendi v. New Jersey

d. Apprendi v. New Jersey

According to the American Bar Association, all of the following actions by a prosecutor would be considered improper EXCEPT? a. Expressing personal beliefs or opinions about the truth or falsity of the evidence or the defendant's guilt. b. Intentionally misstating the evidence or misleading the jury. c. Making arguments to inflame the juror's passions and prejudices. d. Arguing that the evidence shows defendant's guilt.

d. Arguing that the evidence shows defendant's guilt.

Which of the following circumstance have been found sufficient by themselves to amount to reasonable suspicion?

d. At 2:15 a.m., a person approached an officer in his police vehicle in a high crime area and told him a person seated in a nearby car had illegal drugs and a gun at his waist.

Which case addressed the issue of whether "pretrial" conditions before convictions constituted "punishment"? a. Terry v Ohio b. Mapp v Ohio c. U.S. v Leon d. Bell v Wolfish

d. Bell v Wolfish

The Fifth Amendment prohibits what type of self-incriminating statements? a. Voluntary b. Unsolicited c. Compulsory d. Compelled

d. Compelled

Which of the following is least most likely to lead to a wrongful conviction, based on the first 239 DNA exonerations? a. Forensic evidence b. Informants c. False confession d. Eyewitness misidentification

d. Eyewitness misidentification

Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the : a. Federal Code of Regulations b. Federal Criminal Code c. Federal Rules of Evidence d. Federal Rules of Criminal Procedure

d. Federal Rules of Criminal Procedure

Lawsuits against the federal government are possible because of which of the following? a. The Civil Rights Act of 1863 b. United States Plaintiff Relief Fund c. Webster Bivens Memorial Law d. Federal Tort Claims Act (FTCA)

d. Federal Tort Claims Act (FTCA)

Besides notification of charges against the accused, what is the other procedural element that was required to satisfy the definition of a "fair trial" under the Fundamental Fairness Doctrine? a. Presence of effective defense counsel at trial b. Right to appeal if found guilty c. Timely sentencing upon conviction d. Hearing of the facts before sentencing

d. Hearing of the facts before sentencing

Which of the following is NOT a suggestion for lineups by legislatures and law enforcement agencies, based on psychological research? a. Use a double blind procedure b. Present the suspect and the fillers sequentially rather than simultaneously c. Assess eyewitness confidence immediately after identification d. Include police officers in the line-up

d. Include police officers in the line-up

Which of the following is NOT a reason for flawed forensic tests? a. Monopoly b. Poor quality control c. Information sharing d. Lack of financial resources

d. Lack of financial resources

According to your text, what percent of all criminal cases will be dismissed because the police seized evidence illegally? a. 5 percent b. 10 percent c. 1 percent d. Less than one-tenth of 1 percent

d. Less than one-tenth of 1 percent

Offenders who have completed some defined term of sentence or finished a prescribed course of punishment are banned from mounting any form of appeal whatsoever under the: a. Collateral Consequences Doctrine b. Ex Post Facto Doctrine c. Raise-or-Waive Doctrine d. Mootness Doctrine

d. Mootness Doctrine

In order to accept a guilty plea, the judge is required to find all of the following EXCEPT: a. There is a factual basis for the plea b. The plea was voluntarily made c. The plea was knowingly made d. No bargains or promises were made in exchange for the plea

d. No bargains or promises were made in exchange for the plea

Which of the following is NOT a legitimate sentencing model? a. Administrative Sentencing Model b. Legislative Sentencing Model c. Judicial Sentencing Model d. Police Sentencing Model

d. Police Sentencing Model

Which of the following is TRUE regarding the ability of police officers to be held criminally liable for willful misconduct? a. Police officers are above the law and therefore cannot be arrested like private citizens. b. Police officers can only be arrested if that outcome is deemed necessary by Internal Affairs units. c. Police officers can be arrested but are never prosecuted because prosecutors extend a shield of protection to law enforcement officials in the form of immunity. d. Police officers can be arrested, charged, and prosecuted for criminal offenses, including serious violation of constitutional rights.

d. Police officers can be arrested, charged, and prosecuted for criminal offenses, including serious violation of constitutional rights.

A grand jury is composed of a group of which of the following individuals? a. Police officers b. Defense attorneys c. Trial judges d. Private citizens

d. Private citizens

What 2007 case concluded that a District Court judge's discretionary sentencing decision that falls within recommended ranges in the U.S. Sentencing Guidelines is presumptively reasonable? a. Apprendi v. New Jersey b. Stone v. Powell c. U.S. v. Booker d. Rita v. U.S.

d. Rita v. U.S.

Which has been found to be true with regards to the application of the death penalty? a. The Supreme Court has held that statistical evidence establishes the death penalty as de facto cruel and unusual punishment. b. Statistics indicate an evenly split sentencing pattern with the death penalty between blacks and whites. c. Statistics indicate no racial disparity in death sentences. d. Statistics indicate a pronounced racial disparity in death sentences.

d. Statistics indicate a pronounced racial disparity in death sentences.

Which of the following is NOT mentioned in the Constitution? a. The right to counsel b. Unreasonable search and seizures c. The right to face your accuser d. The exclusionary rule

d. The exclusionary rule

Which of the following is NOT a common scenario involving a show-up. a. Witnesses accidentally run into suspects at the courthouse. b. Witnesses identify suspects during emergencies. c. Witnesses identify suspects while they are loose and being pursued by police. d. Witnesses are brought to the station by police with the purpose to see if they can identify the perpetrator.

d. Witnesses are brought to the station by police with the purpose to see if they can identify the perpetrator.

According to Schmerber v. California (1966), the U.S Supreme Court decided that: a. vaginal swabs could be taken from a suspect in custody without a warrant in order to build a character-based profile. b. saliva samples could be taken from a used water bottle without violating a person's right not to be "compelled" to bear witness against himself. c. DNA samples could be taken against a person's will without violating his/her Fifth Amendment protections. d. blood extraction without consent was permissible to produce a sample that could be analyzed for evidentiary use.

d. blood extraction without consent was permissible to produce a sample that could be analyzed for evidentiary use.

The ________ justification stems from an ancient legal saying, "There's no right without a remedy." a. prophylactic rule b. poisonous tree c. deterrence d. constitutional right

d. constitutional right

In building probable cause, police officers may rely on: a. direction information only b. direct information and hearsay only c. direct information, hearsay, and corroborates anonymous tips only. d. direct information, hearsay, corroborated anonymous tips, and tips from informants.

d. direct information, hearsay, corroborated anonymous tips, and tips from informants.

Which of the following acts is statistically the single greatest cause of injury to women in America? a. homicide by strangers b. drinking and driving c. sexual assault d. domestic violence

d. domestic violence

In Blakely v. Washington the U.S. Supreme Court: a. held that Washington State's sentencing guideline scheme was not implicated under the facts of this case in that it dealt only with a maximum not a minimum sentence. b. upheld the defendant's sentence, stating it complied with the ruling set forth in Apprendi v. New Jersey. c. in essence upheld Washington State's sentencing guideline scheme. d. in essence, struck down Washington State's sentencing guideline scheme.

d. in essence, struck down Washington State's sentencing guideline scheme.

Brady v. U.S. (1970) ruled: a. the regulations concerning the use of peremptory challenges. b. the specifics of adequate jury instructions. c. the necessity of unanimous jury decisions. d. that bargained pleas are constitutional.

d. that bargained pleas are constitutional.

In U.S. v Leon, evidence that is obtained when officers rely on a search warrant that they feel is proper, but then turns out to be flawed, is referred to as: a. the bad faith exemption b. fruit of the poisonous tree c. the public safety exception d. the good faith exception

d. the good faith exception

The U.S. Supreme Court has increasingly denied petitions for writ of certiorari thus reducing the number of cases it will review. The following two doctrines limit the scope of state appellate review: a. the raise-or-waive doctrine and the collateral consequences doctrine. b. the mootness doctrine and the plain-error rule. c. the mootness doctrine and the collateral doctrine. d. the mootness doctrine and the raise or waive doctrine.

d. the mootness doctrine and the raise or waive doctrine.

Demore v. Kim (2003) ruled that: a. the no-bail civil detention requirement of the Immigration Nationality Act did violate the due process rights of Kim, a lawful permanent resident alien. b. the no-bail civil detention requirement of the Immigration Nationality Act did not violate the due process rights of Kim, despite the fact that he was an illegal alien. c. the no-bail civil detention requirement of the Immigration Nationality Act did violate the due process rights of Kim, despite the fact that he was an illegal alien. d. the no-bail civil detention requirement of the Immigration Nationality Act did not violate the due process rights of Kim, a lawful permanent resident alien.

d. the no-bail civil detention requirement of the Immigration Nationality Act did not violate the due process rights of Kim, a lawful permanent resident alien.

In developing probable cause, officers rely in their ________ to make decisions regarding arrests without warrants. a. reasonableness and good faith b. good intentions c. luck and intuition d. training and experience

d. training and experience

A peremptory challenge is: a. used to strike potential jurors with implied bias. b. unlimited in number. c. used to strike potential jurors with express bias. d. used to strike potential jurors for any reason except on the basis of race, gender, or ethnicity.

d. used to strike potential jurors for any reason except on the basis of race, gender, or ethnicity.

When a court decides that a prior court decision does not apply to a current case because the facts of the previous case are different, the court is said to:

distinguish the previous case.

according to State v. Ellis, searches of college dormitory rooms:

do not require a warrant or probable cause when conducted by university residence hall staff officials for health and safety reasons.

Weeks v. U.S. gave birth to the ____________________ in 1914.

exclusionary rule

Specifically saying that you give up your rights is called a(n) ___________ waiver.

express

The procedural history of the case refers to the:

formal procedural steps the case has taken.

The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a _______ warrant.

general

Jail detainees, not yet convicted of a crime:

have the diminished Fourth Amendment rights and can be searched without probable cause.

The idea that evidence that has been illegally obtained, but would have eventually been found through constitutional means should thus not be excluded by virtue of the exclusionary rule is called the __________.

inevitable discovery

New York v Belton (1981) extended the Chimel rule to:

interior vehicle searches when the individual arrested is outside the car.

A ________ opinion is NOT a type of opinion that can be issued by an appellate court, whether federal or state.

judgment

The right to remain silent can be traced back in history to the:

laws of Moses embodied in the Talmudic law.

Experts theorize that the greatest threat to an innocent person being convicted is:

mistaken identification of strangers.

The _____ of the person to be arrested must be listed in the arrest warrant.

name

According to the Supreme Court in Michigan v. Sitz, involving sobriety checkpoints, detaining a car briefly at a sobriety checkpoint requires:

no individualized suspicion because of the importance of the State's interest in addressing the drunk driving problem.

An officer who uses a flash light to look inside the front seat of a locked, illegally parked automobile on a public street and notices a bag of marijuana on a front seat has:

not conducted a search at all and his actions are not in violation of the Fourth Amendment because the marijuana was in plain view.

What goes on during interrogation:

occurs in private and hence is not widely known.

In a constitutional democracy, when enforcing the criminal law:

officials are restricted by the law of criminal procedure.

The point at which an actual seizure occurs is when police:

physically grab a person with the intent to keep them from leaving.

A special need that justifies airport searches is:

protection for air travelers.

According to U.S. v. Ramsey (1977), searches at international borders are:

reasonable even without a warrant or probable cause.

In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not been arrested, the Supreme Court:

said that police could not automatically do a search incident to arrest when only a citation is given the driver, as opposed to when an arrest occurs.

Identification of a single suspect by a witness is called a(n):

shop-up

A witness's identification is susceptible to ___________, a powerful contributor to mistaken identity during memory retrieval.

suggestion

According to eyewitness expert Elizabeth Loftus, _______________ shapes what a witness will remember and recall during the identification process.

suggestion

In Maryland v. Wilson, the case where police removed and detained a passenger from l lawfully stopped vehicle, the Supreme Court held:

that the practice of ordering all drivers and passengers stopped in a traffic stops out of their vehicle as a matter of course was reasonable.

According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to rape following police interrogation:

the Fifth Amendment protects suspects during custodial police interrogation.

Perry v. New Hampshire (2012) ruled that:

the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police.

In regard to school searches, the Supreme Court has declared:

the legality of the search of a student should depend on the reasonableness, under all circumstance, of the search.

Hunches are never sufficient to guide decisions made by agents of crime control. This principle can be described as:

the objective basis requirement.

What did the court decide with regards to show-ups where the police typically bring one person by for the victim or witness to identify?

this process is highly suggestive and widely condemned, but it does not deny due process and is therefore permitted.

the due process revolution in the 1960's:

tilted the balance between results and means in criminal justice in favor of process (means) and individual rights.

The basic idea behind the due process approach to confessions is _______

voluntariness