criminal procedure

Most juries in criminal cases consist of how many members

12

the supreme court has condoned stops lasting as long as

16 hours

the basic constitution protection against unreasonable searches and seizures is contained in the

4th amendment

Nearly every state requires unanimous decisions in criminal cases with juries consisting of how many members?

6

The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case

6

Custody is defined by the Supreme Court as:

A person has been deprived of his freedom of action in any significant way.

The right to speedy trial applies once the suspect has been:

Accused.

With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?

All of the above

Which term is used to describe the defendant's explanation to the judge concerning his or her guilty plea?

Allocution

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

An in-court showup.

he police may search ________ during the course of a vehicle inventory.

Any container discovered

Once a person has been formally charged, he or she will be

Arraigned.

Person inventories are sometimes called:

Arrest inventories.

When is a probable cause hearing unnecessary?

Arrests with a warrant

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

Bail bonds agents

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

Benton v. Maryland

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

Cited 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

Nowadays, grand jury operations are

Closely tied in with the prosecutor.

A grand jury subpoena ad testificandum

Compels a witness to appear before the grand jury.

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.

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

Custody

which of the following is the leading supreme court case concerning station house detentions

Davis v mississippi

in which case did supreme court hold that police officers can stop and detain motorist in their selected vehicles with articulate and and reasonable suspicion

Delware vs Prouse

In which recent case did the Supreme Court reaffirm Miranda?

Dickerson v. United States

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

Dismissal.

The accused enjoys ________ during identification procedures

Due process protections

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.

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

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

Fourteenth

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

The Sixth Amendment right to counsel was incorporated in:

Gideon v. Wainwright.

The Supreme Court has:

Held that license and safety checkpoints could be constitutional.

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

Hospital patient testing

Double jeopardy protection applies

In criminal proceedings.

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 can be considered administrative searches?

Inspections

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

Intentional

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

The appropriate standard of proof associated with preliminary hearings is:

Probable cause.

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

The prosecution is only bound to disclose exculpatory evidence that would have what probability of changing the outcome of the case?

Reasonable

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

Reasonable suspicion

Discovery that ʺwork both waysʺ is known as:

Reciprocal discovery.

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

If a prosecutor's decision to bring charges is discriminatory in nature, this is known as

Selective prosecution.

The Supreme Court in Yick Wo v. Hopkins addressed the issue of:

Selective prosecution.

The Fifth Amendment protects against:

Self-incrimination.

If joinder is inappropriate, what is required?

Severance

Which of the following is NOT type of identification procedure?

Social media page array

Identifications resulting from illegal searches and seizures are:

Sometimes admissible

The Supreme Court sanctioned vehicle inventories in:

South Dakota v. Opperman

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

State Attorney General.

Which of the following is NOT considered a regulatory search?

Stop and frisk

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

Stovall v. Denno

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 landmark case which first created the knock and announce rule was

Tennessee v garner

The right to a grand jury can be found in which constitutional amendment?

The Fifth

Which Constitutional amendment is most applicable to interrogations and confessions?

The Fifth

An overly suggestive lineup violates

The Fourteenth Amendment.

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

The Fourteenth Amendment.

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

The Sixth

Which of the following constitutional provisions place(s) restrictions on identification procedures?

The Sixth Amendment

In which case did the Supreme Court sanction drug dog sniffs in public schools?

The U.S. Supreme Court has not provided an opinion on drug dog sniffs in public schools

Which of the following is NOT about the preliminary hearing?

The accused does not have the right to counsel.

The preliminary hearing serves as a check on:

The prosecutor's charging decision.

Which of the following is NOT true about a public trial?

The public cannot view the trial.

Showups consist of

The suspect.

Which of the following is an argument against speedy trials?

They may not give the defense adequate time to prepare.

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

They protect the vehicle owner's property.

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 an illegally conducted lineup does NOT invalidate later identifications resulting from an ʺindependent sourceʺ?

United States v. Wade

________ 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.

warrants must be issued by

a neutral and detached magistrate

concerning the scope of a frisk the supreme court has required that the frisk be limited to

a pat down the suspects outer clothing

media presence during the service of search warrants

acceptable if a legitimate law enforcement objective is served`

Which of the following help ensure a reliable lineup?

all of the above

which of the following is the leading drug courier profiling case

all of the following is a leading drug courier profiling cases

what type of test has the supreme court relied upon in order to distinguish stops from nonstops

an objective test

____ is any unoccupied or undeveloped real property falling outside the cartilage of a home

an open field

for fourth amendment purposes houses are

any structures that a person uses a residence on either temporarily or long term bases

with regard to the scope of a search warrant police can look

anywhere the item sought could reasonably be found

a frisk must be supported by reasonable suspicion that the suspect is

armed and dangerous

the ___ rule announced in chimel provides that pursuant to a valid arrest the police may search the area within the immediate control of the arrestee

armspan

which of the following is not a reason articulate by the supreme court as a reason allowing automobiles searches without a warrant

automobile are not subject to the probable cause requirements

with regard to a search when does justification need to be in place

before the search

for the fourth amendment purposes papers are

business records, letters, diaries, and memos

in which case did the supreme court hold that garbage bags on the side of a public street are readily accessible to the animals children scavengers snoops and other members of the public

california v greenwood

the use by several cities of strategically located video cameras to look for crime is

constitutionally permissible

possessions of property without physical contact is know as

constructive possession

the plain view doctrine first emerged from the supreme court case

coolidge v New Hampshire

resonable suspicion is standard justification

created by the supreme court

Appeals are most commonly filed by the:

defense

evanescent evidence refers to evidence refers to evidence that is likely to

dissapear

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 jepordy

The right to counsel in criminal prosecutions has both ________ and Sixth Amendment origins.

due process

according to the supreme court in Michigan v summers why may police lawfully detain a person without probably cause during the service of a search warrant

during the first time that a search warrant is executed in a person house

emergency situation allowing for searches without a warrant are reffered to as

exigent circumstance

in the wake Terry v. Ohio the supreme court has handed down a number of decisions that have

expanded stops and frisks

a search occurs when a government actor interferes with someone's possessory property interest

false

a seizure cannot occur apart from a search

false

which of the following is not recognized as a reason for a warantless search based on exigent circumstances

getting a warrant would be inconvenient and costly

to define when a search takes place which two important factors need to be consider

government action and reasonable expectation of privacy

for an item to be lawfully seized under the plain doctrine it must be immediately apparent to the officer that the item is subject to be seized this means that the office must

have probable cause that the item is contraband

in which case did the supreme court declare the inadvertency is not a requirement for a valid plain view seizure

horton vs California

for fourth amendment purposes a hotel room is considered a

house

the requirement that a plain view seizure be based in part on probable cause that the item can be seized is known as the ____ requirement

immediately apparent

in horton vs california the supreme court dispensed with the

inadvertency requirement for plain view seizures

which of the following is not a type of exigent recognized by the courts that authorized the police to act without a warrant

inconvenient to obtain a warrant

for fourth amendment purposes government officials always included

insurance inspectors

a search warrant must be supported by probable cause that the

items to be seized are connected with criminal activity

in what case did supreme court declare that the use of thermal imagers by the police constitutes a search

kyllo v. united states

a valid pursuit must originate from a ____ starting point

lawful

for the fourth amendment purposes effects are

likely anything that is not a person, house, or paper

________ are always preferable to showups.

lineups

title 3 restricts the interception of

oral communication in a private places

in which case did supreme court first hold that police officers cannot make warantless non consensual entries into private homes for the purpose of making an arrest

payton v new york

in which case did supreme court hold that police officers with reasonable suspicion can order drivers our of their car

pennsylvania vs mimms

a valid frisk into a search if what type can evolve into a search if what type type of jurisdiction develop along the way

probable cause

a search occurs when the government actors in activity that infringes on one's

reasonable expectation of privacy

which standard of justification is necessary for stop and frisk activities

reasonable suspicion

the ____ clause of the 4th amendment prescribes unreasonable searches and seizures

reasonableness

stops and frisks are considered ___ acts

seperate

Which of the following Amendments does NOT include constitutional rights for the defendant during the sentencing phase?

seventh

________ are sometimes desirable to facilitate prompt identification when time is of the essence.

showups

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

states

terry vs ohio dealt with

stop and frisk

in which case did the supreme court rule that addition to the suspicion required to justify a stop the officer must have reasonable suspicion that the person is armed and dangerous before a frisk is conducted

terry vs ohio

in which landmark case did supreme court create the standard of the reasonable suspicion

terry vs ohio

which of the following is not correct about plain view searches

the doctrine applies all situations

Which constitutional amendment contains the double jeopardy clause?

the fifth

for the fourth amendment purposes, person are

the individual as a whole both internally and externally

in determining what a level of sensory enhancement is appropriate the courts generally consider which of the following factors

the nature of the activity surveilled

the fourth amendment contains which two basic clauses

the reasonableness and warrant clauses

a warrantless search for evanescent evidence is permissible when

the search is conducted in a reasonable manner

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

the sixth

the court consider which is the following factors when distinguishing between the open fields and curtilage

the use to which the land/property is being put

a warrant that permits interception of the electronics communications is knowns as a ____ warrant

title 3

which of the following can be considered characteristics of drug couriers

travel to and from major drug imports centers

a search occurs when a government actor interferes with someone's reasonable expectation of privacy

true

a uniformed police officer acting in his or her official capacity can be considered a government actor

true

an otherwise private search may turn into a government search when the government recipient of the items seized by the private party subjects the evidence to additional scrutiny

true

justification needs to be in place before a person or evidence is sought to in an area protected by the 4th amendment

true

When a prosecutor charges on individual simply because the individual is exercising his or her constitutional rights, it is known as ________ prosecution.

vindictive

the supreme court first permitted warrantless hot pursuit searches in

warden vs hayden

frisks must be directed at discovering

weapons

when may the police uses deadly force while serving an arrest warrant

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

in what case did the supreme court rule that a search warrant was necessary before police could cause remove remove a bullet surgically removed from a subject

winston v lee

Which of the following is NOT an essential element of the Miranda warnings?

ʺYou have the right to stop answering questions at any time."

The reasons for grand jury secrecy include each of the following, EXCEPT to:

Preserve testimony for trial.

The question of whether joinder is appropriate is usually best resolved ________ trial

Prior to

For which of the following crimes would release on recognizance most likely be ordered?

Petty thefts

For defense counsel to be considered ineffective, the defense attorney must:

Prejudice the defendant.

A(n) ________ is intended to prevent ʺhasty, malicious, improvident, and oppressive prosecutions.ʺ

Preliminary hearing

The initial appearance is sometimes called a(n)

Presentment.

The Supreme Court has sanctioned school disciplinary searches for grades:

K-12.

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 sanction fire inspections?

Michigan v. Tyler

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

Miranda v. Arizona

With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?

More than six hours

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

More than sixty minutes after the crime

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

No justification is necessary

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

Nolo prosequi

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

None of the above

ccording to the Supreme Court, at pretrial release hearings the accused enjoys the right to:

None of the above

Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is:

Not obtained in violation of the Fifth Amendment.

Which of the following is NOT an appropriate consideration in setting bail?

Offsetting court costs