Criminal Procedure Mid-Term

An example of a legal remedy is:

A lawsuit A citizen complaint The exclusionary rule

What type of test has the Supreme Court relied upon in order to distinguish stops from nonstops?

An objective test

The _____ Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Fifth

Warrantless vehicle inventories are permissible:

Following a lawful impoundment. When they follow standard operating procedures. When they are not pretextual.

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

Fourth Fifth Sixth

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

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

Reasonable suspicion

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

The Supreme Court sanctioned vehicle inventories in:

South Dakota v. Opperman

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.

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

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

The Fourth Amendment The Fifth Amendment The Sixth Amendment The Fourteenth Amendment

The most frequently discussed remedy in criminal procedure is:

The exclusionary rule.

A warrantless search based on a hot pursuit exigency will be upheld if:

The police have probable cause to believe the person they are chasing committed a crime. The pursuit originates at a lawful point. The underlying offense is "serious."

The Preamble to the U.S. Constitution lists the following purposes of government EXCEPT

The pursuit of happiness.

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

They protect the vehicle owner's property.

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

Vehicle inventories

The Supreme Court first permitted warrantless hot pursuit searches in:

Warden v. Hayden

Warrants must be issued by:

a neutral and detached magistrate

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

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

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

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

items to be seized are connected with criminal activity

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

persons. houses. papers. effects

For Fourth Amendment purposes, government officials can include:

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

The Fourth Amendment includes a:

reasonableness clause.

The Fourth Amendment deals with:

searches. seizures. searches and seizures of persons.

The execution of search warrants is subject to ___________ constraints.

time scope manner

Which of the following are NOT sources of rights?

Police department policies

Which of the following are types of remedies?

Legal and extralegal

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

Mediation