Final Exam

Some law enforcement agencies have dealt with the resource intensive issue of double-blind lineups by utilizing _______________.

"Virtual" officers

Most juries in criminal cases consist of how many members?

12

An overly suggestive lineup violates:

14th Amendment

The duration of a stop is an issue that has been addressed by the Supreme Court a number of times. The Supreme Court has condoned stops lasting as long as:

16 hours

In challenges brought by defendants trying to assert the protection of the _______ Amendment, the Supreme Court has held that no one enjoys a reasonable expectation of privacy in characteristics that are exposed to the public.

4th

Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?

4th Amendment

Approximately ________ percent of criminal convictions in the United States result from plea bargaining.

90

How many federal district courts are there in the U.S.?

94

An example of a legal remedy is:

A citizen complaint A lawsuit The exclusionary rule ***All of the above

What justification is necessary in order to compel a person who is already in custody to participate in a lineup?

A mere hunch Probable cause Reasonable suspicion ***None of the above

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

A pat-down of the suspect's outer clothing.

Custody is defined by the Supreme Court as:

A person has been formally arrested. A person has been deprived of his freedom of action in any significant way. A reasonable man in the suspect's position would have understood he was in custody. ***All of the above

Which of the following can be considered criteria for deciding on whether pretrial release should be granted?

Ability to pay Dangerousness Flight risk ***All of the above

Which of the following are examples of ad hoc plea bargaining?

Accused is required to accept extraordinary condition of probation

For a guilty plea to be based in fact, it must be based on:

Actual criminal conduct.

Which standard of justification adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety?

Administrative justification

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

Affirms

Which of the following help ensure a reliable lineup?

All persons in the lineup have the same physical characteristics. At least five people appear in the lineup. The suspect should be permitted to choose his or her place in line. ***All of the above

Which of the following is NOT an argument in support of plea bargaining?

Allows the prosecution to "overcharge"

When a witness identifies the suspect for the first time in court, this is best known as:

An in-court showup.

What type of test has the Supreme Court relied upon in United States v. Mendenhall in order to distinguish stops from nonstops?

An objective test.

____________ is any unoccupied or undeveloped real property falling outside the curtilage of a home.

An open field

In the case of _______________ the US Supreme Court held that the 6th Amendment right to counsel applies in misdemeanor cases.

Argersinger v. Hamiln.

Person inventories are sometimes called:

Arrest inventories.

When is a probable cause hearing unnecessary?

Arrests with a warrant

Probable cause is always required in which of the following scenarios?

Arrests with warrants Searches and seizures of property without warrants Searches and seizures of property with warrants ***All of the above

Border checkpoints have been upheld:

At international borders. On the nation's waterways. At checkpoints well inside the nation's borders. ***All of the above

The Supreme Court in Carroll v. United States carved out a(n) ___________ exception to the Fourth Amendment's warrant requirement.

Automobile

Which of the following is NOT a reason articulated by the Supreme Court as a reason allowing automobile searches without a warrant:

Automobiles are not subject to the probable cause requirement.

In response to many defendants' inability to post bail, professional ________________ have stepped in.

Bail bonds agents

Probable cause was defined by the U.S. Supreme Court in ___________________________ as when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."

Beck v. Ohio

With regard to a search, when does justification need to be in place?

Before the search

In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right?

Benton v. Maryland

Which of the following is the "Christian burial" case in which the Supreme Court held that the police violated the suspect's Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information?

Brewer v. Williams

In the case of _________________ the US Supreme Court first applied the Fifth and Sixth Amendments to the states under the Fourteenth Amendments due process clause.

Brown v. Mississippi

In which case did the Supreme Court hold that "[G]arbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public?"

California v. Greenwood

Which of the following warrantless searches and seizures is a permissible exception to the warrant requirement of the 4th Amendment:

Certain automobile searches Searches based on the plain view doctrine. Searches incident to arrest. ***All of the above

If a suspect refuses to participate in a lineup, he or she can be:

Charged with contempt.

In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional?

City of Indianapolis v. Edmond

Currently, grand jury operations are:

Closely tied in with the prosecutor.

The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are:

Color of law and a constitutional violation.

The Fifth Amendment protects against:

Compelled self-incrimination.

A grand jury subpoena ad testificandum:

Compels a witness to appear before the grand jury to testify.

The plain view doctrine first emerged from the Supreme Court's decision in:

Coolidge v. New Hampshire.

At the state level, trial courts are usually referred to as:

Courts of general jurisdiction

Reasonable suspicion is a standard of justification:

Created by the Supreme Court.

Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

Custody

Which of the following can NOT be considered interrogation for Miranda purposes?

Custody followed by police inactivity.

Which of the following is NOT a legitimate reason for failing to prosecute?

Defendant's political connections

In ______________________ the Supreme Court held that law enforcement officials cannot randomly stop drivers for the purpose of checking their driver's licenses.

Delaware v. Prouse

In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with "articulable and reasonable suspicion?"

Delaware v. Prouse

"Evanescent evidence" refers to evidence that is likely to:

Disappear.

What term is used to describe the process by which both parties to a case learn of the evidence that the opposition will present?

Discovery

When a previous decision is not available for a court to refer to, it will:

Distinguish the present case.

At the federal level, trial courts are:

District courts.

The constitutionally guaranteed protection against __________________ is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once.

Double jeopardy

The Fifth Amendment protects against:

Double jeopardy. Self-incrimination. Due process violations. ***All of the above

When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. This is known as the:

Due process voluntariness approach.

According to the Supreme Court in Michigan v. Summers, why may police lawfully detain a person without probable cause during the service of a search warrant?

During the time that a search warrant is executed in the person's house

Which Supreme Court decision denounced the "silver platter doctrine?"

Elkins v. United States

In O'Connor v. Ortega the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting:

Evidence of work-related misfeasance.

Prosecutors are part of what branch of government?

Executive

Emergency situations allowing for searches without a warrant are referred to as:

Exigent circumstances.

In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have:

Expanded stops and frisks.

Which of the following can be considered a "characteristic of the accused" that may render a confession involuntary?

Fatigue Age Pain ***All of the above

Which constitutional amendment contains the double jeopardy clause?

Fifth

When a case is on appeal, the appellant is the party who:

Filed the appeal.

Which of the following can be considered interrogation for Miranda purposes?

Formal questioning. A mere conversation between police officers designed to elicit an incriminating response. Asking a question that is reasonably likely to elicit an incriminating response. ***All of the above

The Supreme Court has ruled that the right to an impartial judge is guaranteed by the _________________ Amendment.

Fourteenth

The exclusionary rule applies to violations of which United States Constitutional Amendment?

Fourth Fifth Six ***All of the above

Which of the following is NOT considered a restriction on frisks?

Frisks must not be conducted unless probable cause has been established.

The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the __________________ rule.

Fruit of the poisonous tree

Which of the following is an unacceptable reason for delaying a probable cause hearing?

Gathering additional evidence against the accused

In which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest?

Gerstein v. Pugh

Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?

Getting a warrant would be inconvenient and costly

The ____________ exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible.

Good faith

To define when a search takes place, which two important factors need to be considered?

Government action and reasonable expectation of privacy

The exclusionary rule does NOT apply in:

Habeas corpus proceedings. Grand jury investigations. Parole revocation hearings. ***All of the above

The right to counsel for persons accused in criminal prosecutions:

Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. Is mentioned in the Sixth Amendment. Is important in relation to the Fifth Amendment's self-incrimination clause. ***All of the above

Exceptions to the reasonable expectation of privacy test of the Fourth Amendment's warrant requirement:

Have been created by the Supreme Court.

Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court?

Hospital patient testing

Police officers act under color of law when they:

Identify themselves as officers.

The "armspan" rule applies to what type of search:

Incident to arrest

Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?

Inconvenient to obtain a warrant

A criminal charge filed by a grand jury is known as a(n):

Indictment

Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the:

Initial appearance.

Which of the following is NOT a characteristic of the crime control perspective?

Insistence on formality of due process rules

Grand jury proceedings are:

Intensely secretive.

Prosecution that impacts certain groups (e.g., minorities) only becomes selective when it is:

Intentional.

_____________ are detentions less intrusive than arrest but more intrusive than a Terry stop.

Investigative detentions

A "bright-line" decision may be helpful because:

It is subject to very little interpretation. It promotes consistency. It promotes clarity and predictability. **All of the above

Which of the following is NOT a requirement for a valid guilty plea?

It must be beneficial to the defendant

The exclusionary rule is:

Judicially created. A rule of exclusion. Not found in the US Constitution. ***All of the above

Which of the following can be considered "criminal proceeding"?

Juvenile delinquency hearing A trial Capital sentencing hearing ***All of the above

The Supreme Court has sanctioned school disciplinary searches for grades:

K-12

In which case did the Supreme Court hold that the Fourth Amendment "protects people, not places?"

Katz v. United States

_________ are always preferable to showups.

Lineups

Administrative justification has been relied upon to justify searches in which of the following?

Mandatory drug testing of public and private employees Auto junkyards Gun dealerships ***All of the above

The exclusionary rule was made applicable to the states in:

Mapp v. Ohio.

After a suspect asserts his or her Miranda rights, questioning:

May continue under limited circumstances. Must cease as a general rule. Can occur later on another crime with a new Miranda advisement and waiver. All of the above

Which of the following is a remedy when alleged police misconduct does NOT involve constitutional rights?

Mediation

With regard to the right to confrontation, the defendant must be physically present and:

Mentally competent.

In which case did the Supreme Court sanction sobriety checkpoints?

Michigan Dept. of State Police v. Sitz

In which case did the Supreme Court hold that the prosecution "may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant..."?

Miranda v. Arizona

At which point in time past the crime will a showup usually be considered invalid?

More than sixty minutes after the crime.

Which of the following is NOT a valid plea that can be entered at arraignment?

Nolo prosequi

In which case did the Supreme Court first hold that police officers cannot make warrantless, nonconsensual entries into private homes for the purpose of making arrests?

Payton v. New York

For purposes of the warrantless exception for automobile searches, the term "automobile" includes which of the following?

Planes Boats Cars ***All of the above

Which of the following usually takes place after a pretrial release decision has been made?

Preliminary hearing

Which of the following statements is true concerning the right to counsel during the habeas corpus process?

Prisoners can help each other in preparing petitions.

Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

Pro se

A valid frisk can evolve into a search if what type of justification develops along the way?

Probable cause

The appropriate standard of proof associated with preliminary hearings is:

Probable cause.

Which of the following, by itself, will automatically render a confession involuntary?

Promises of leniency Deception Psychological pressures ***None of the above

Which of the following can be considered an impermissible inducement by the prosecution?

Prosecutor flagrantly deceives the defendant Prosecutor requires a donation to a local charity. Prosecutor threatens the defendant with increased charges against a third party ***All of the above

The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in:

Protecting public safety.

The ______________ exception to Miranda exists if a threat exists to third parties.

Public safety

Double jeopardy occurs when, for the same offense, a person is:

Re-prosecuted after conviction. Re-prosecuted after acquittal. Subjected to separate punishments for the same offense. ***All of the above

If a person is not already in custody, the police must have what justification in order to "seize" that person for compelled participation in the lineup?

Reasonable suspicion

In order for public school officials to "search" a student without a warrant, they must possess ________________ that the action will yield evidence that the student has violated or is violating the law or rules of the school.

Reasonable suspicion

Which standard of justification is necessary for stop and frisk activities?

Reasonable suspicion

Which of the following is NOT an exception to the Fourth Amendment's warrant requirement?

Reasonable suspicion search

If the defendant enters a plea of guilty, the trial judge may:

Refuse to accept the plea.

Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money?

Release on own recognizance

A ______________ provides a legally accepted method of rectifying police wrongdoing.

Remedy

Which of the following rights is enjoyed by people who are under grand jury investigation?

Right to be present Right to testify Right to counsel ***None of the above

Which of the following are rights enjoyed by people who are under grand jury investigation?

Right to testify Right to counsel Right to be present ***None of the above

Which of the following is a right commonly waived as a result of plea bargaining?

Right to trial by jury

Which of the following is NOT an argument against plea bargaining?

Saves judicial resources

Which of the following is a type of warrantless search or seizure?

Search incident to arrest

The _____________ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.

Selective

Which incorporation perspective has arguably "won out" over the others?

Selective incorporation

Which of the following statements is true concerning grand juries?

Several states require grand jury indictments for felonies.

If joinder is inappropriate, what is required?

Severance

________________ are sometimes desirable to facilitate prompt identification when time is of the essence, due to exigent circumstances.

Showups

In which case did the Supreme Court create the fruit of the poisonous tree doctrine?

Silverthorne Lumber Co. v. United States

The right to an impartial jury stems from which constitutional amendment?

Sixth

Which constitutional amendment gives the accused the right to a speedy and public trial?

Sixth

The Supreme Court sanctioned vehicle inventories in:

South Dakota v. Opperman.

Which of the following can be considered a separate sovereign for double jeopardy purposes?

State

A state prosecutor's decision NOT to file a case can be challenged by the:

State Attorney General

The term used to describe laws that provide lenient treatment in exchange for guilty pleas is:

Statutory inducements.

Which of the following is NOT considered an administrative search?

Stop and frisk

The US Supreme Court case of Terry v. Ohio dealt with:

Stop and frisk.

Which of the following can be said about stop and frisk?

Stops always precede frisks. Stops do not automatically give rise to frisks. Stops and frisks are separate acts. ***All of the above

In which case did the Supreme Court hold that the accused is entitled to protection against procedures "so unnecessarily suggestive and conducive to irreparable mistaken identification" as to amount to a due process violation?

Stovall v. Denno

In the case of _____________ the Supreme Court created a two-prong test that is to be used to determine whether defense counsel was ineffective.

Strickland v. Washington

Which of the following is NOT an exception to the Fourth Amendment's warrant requirement?

Suspicion search

Which of the following is an unconstitutional checkpoint?

Suspicionless checkpoints for detecting illegal drugs

If an in-court identification is influenced by an out-of-court identification, it is called a(n):

Tainted identification.

The case that established the leading Supreme Court precedent concerning the use of deadly force to apprehend fleeing felons is:

Tennessee v. Garner

In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is "armed" and "dangerous" before a frisk can be conducted?

Terry v. Ohio

In which landmark case did the Supreme Court create the standard of "reasonable suspicion?"

Terry v. Ohio

Which of the following best describes the Supreme Court's view on plea bargaining?

The Court supports it but requires that certain procedures be followed

_________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

The Federal Rules of Criminal Procedure

Interrogations and confessions are protected by which of the following constitutional amendments?

The Fifth The Sixth The Fourteenth ***All of the above

If the prosecution fails to disclose exculpatory evidence, it violates:

The Fourteenth Amendment.

Which of the following is a relevant constitutional amendment in criminal procedure?

The Fourth Amendment The Fifth Amendment The Sixth Amendment ***All of the above

Which of the following statutes has restricted or continues to restrict electronic surveillance?

The Patriot Act Title III of the Omnibus Crime Control and Safe Streets Act of 1968 Electronic Communications Privacy Act ***All of the above

Which of the actions below may be taken at an arraignment?

The accused may plead not guilty and request a jury trial. The accused may plead guilty. The judge will advise the accused of the charges. ***All of the above

Concerning the scope of a search incident to arrest, a police officer may search:

The area within the immediate control of the arrestee.

Which of the following is a requirement for a valid search incident to arrest?

The arrest must be lawful. Probable cause must be in place in advance of the arrest. The search should take place soon after the arrest. ***All of the above

Plea bargaining can have which of the following effects on the defendant?

The defendant can face a reduced sentence The defendant may be required to testify against a co-defendant The defendant can be forced to waive certain rights ***All of the above

The most frequently discussed remedy in criminal procedure is:

The exclusionary rule.

Legal guilt is concerned with whether a person is guilty according to:

The law

Which of the following is NOT a factor the Supreme Court has considered in determining the appropriate duration of a stop?

The physical location of the stop

A plain view seizure is authorized when:

The police are lawfully in the area where the evidence is located. The items are immediately apparent as subject to seizure. Neither of the above ***Both of the above

Which of the following is a common time constraint with regard to the service of search warrants?

The police must obtain another warrant if they want to search again after they have left. The search cannot last indefinitely. The service of the warrant should take place promptly after its issuance. ***All of the above

The preliminary hearing serves as a check on:

The prosecutor's charging decision.

The Fourth Amendment contains which two basic clauses?

The reasonableness and warrant clauses

The Sixth Amendment provides for:

The right to a public trial.

A photographic array consisting of one picture may be sanctioned if:

The witness's description is accurate. The witness paid special attention to the suspect. The witness had ample time to view the suspect. ***All of the above

Which of the following is NOT true about the preliminary hearing?

There is no constitutional right for an accused to use compulsory process to make witnesses come to court to testify.

Which of the following is an example of enhancement device?

Thermal imagers Flashlights Binoculars ***All of the above

Which of the following is NOT a reason in support of vehicle inventories?

They protect against theft of the vehicle.

A warrant that permits interception of electronic communications is known as a ___________ warrant.

Title III

Stare decisis is a Latin term that means:

To abide by or to adhere to decided cases

The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used:

To attack the credibility of a criminal defendant's testimony.

In the absence of a full-blown arrest, the US Supreme Court has held that __________ do not involve custody for Miranda purposes.

Traffic stops

Which of the following is a criticism of plea bargaining?

Undermines the integrity of the judicial system Gives too much discretion to prosecutors Most defendants plead guilty anyway ***All of the above

In which case did the Supreme Court hold that warrantless searches of probationers are permissible not only for probation-related purposes, but for investigative purposes as well?

United States v. Knights

In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups? In which case did the Supreme Court hold that an illegally-conducted lineup does not invalidate later identifications resulting from an "independent source"?

United States v. Wade

The Fourth Amendment protects against:

Unreasonable searches and seizures.

The Supreme Court has _________ the validity of plea bargaining.

Upheld

The right to compulsory process provides that the accused can:

Use subpoenas to obtain witnesses. Use subpoenas to obtain documents. Use subpoenas to obtain objects helpful to the defense. ***All of the above

____________ are permissible if, among other requirements, they follow standard departmental operating procedures.

Vehicle inventories

If a prosecutor's charging decision is motivated by revenge, this is known as:

Vindictive prosecution.

Frisks must be directed at discovering:

Weapons.

The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was:

Weeks v. United States

When may the police use deadly force while serving an arrest warrant?

When the suspect attempts to flee and will likely inflict harm on other people or police officers

Warrantless vehicle inventories are permissible:

When they are not pretextual. When they follow standard operating procedures. Following a lawful impoundment. ***All of the above

According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?

When two separate criminal acts are tied together in some fashion When the charges arise from the same criminal event When two criminal acts are "the same or similar in character" ***All of the above

Factual guilt is concerned with:

Whether a person committed the crime with which he or she is charged.

A factor that may elevate a nonstop to a stop is:

Whether the suspect attempted to leave. Display of weaponry. The number of officers present. ***All of the above

In the case of _______________ the Supreme Court dealt with the issue of whether the police can bring members of the media along during the service of an arrest warrant.

Wilson v. Layne

In what case did the Supreme Court rule that a search warrant was necessary before police could cause remove a bullet to be surgically removed from a suspect.

Winston v. Lee

With regard to discovery, prosecution or defense "strategy" is also referred to as:

Work product.

Warrants must be issued by:

a neutral and detached magistrate.

Media presence during the service of search warrants is:

acceptable if a legitimate law enforcement objective is served.

The phrase "neutral and detached" means that the judge should not:

accompany the police when they serve the warrant. serve a prosecuting function. have a financial interest in the case. ***All of the above

The police may search ____________ during the course of a vehicle inventory.

any container discovered.

With regard to the scope of a search warrant, police can look:

anywhere the item sought could reasonably be found.

A _______________ sentence in one in which the defendant serves individual sentences separately, one after the other.

consecutive

Fire inspections must be _________________ in relation to the timing of the fire.

contemporaneous

The right to a jury trial applies in:

criminal cases in which the penalty for a single offense exceeds six months.

According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is:

dismissal.

The Supreme Court has only addressed stationhouse detentions involving the following:

fingerprinting

The Fourth Amendment provides that the right of the people to be secure in their:

houses. persons. effects. ***All of the above

For a guilty plea to be _________________, the defendant must understand the nature of the charges, the possible sentences associated with the charges and the rights be or she may waive if a guilty plea is entered.

intelligent

For a waiver of a jury trial to be valid, it must be:

intelligent. express. voluntary. ***All of the above

A search warrant must be supported by probable cause that the:

items to be seized are connected with criminal activity.

The list of potential jury members is known as the:

jury list. jury pool. master jury wheel. ***All of the above

In order for a search incident to arrest to be justified the arrest must be ______________.

lawful

Which one of the following is NOT a factor used to distinguish between an arrest and a stop?

location

When all of the essential Miranda information is communicated to a suspect, simple departures will _________________.

not render a confession inadmissible.

For Fourth Amendment purposes, government officials can include:

private security guards used in place of the police. police officers. regulatory officials. ***All of the above

A search occurs when government actors engage in activity that infringes on one's:

reasonable expectation of privacy.

Which of the following is NOT a requirement for potential jurors in most states:

registered voter.

Which of the following are activities governed by the Fourth Amendment?

searches with warrants arrests with warrants arrests without warrants ***All of the above

In a public school setting, random, suspicionless searches of student lockers are generally permissible, assuming _____________.

students have been given notice in advance that lockers are subject to inspection at anytime.

During voir dire, ____________ asks questions of the prospective jurors.

the defense counsel the judge the prosecutor ***All of the above

When evaluating claims of entrapment, the US Supreme Court has opted to focus on ______________.

the subjective predisposition of the defendant.

The execution of search warrants is subject to ___________ constraints.

time manner scope ***All of the above

The requirement that a guilty plea be free from coercion, threats, or physical abuse is known as the _______________ requirement.

voluntariness