Criminal Procedure
The practice of police officers briefly stopping and frisking suspicious persons for weapons, leading to the landmark case of Terry v. Ohio, spiked in which decade?
1960s
The United States Supreme Court has held what in regards to the search of a suspect's crotch area?
Consent to search a person includes any outer area, but not the body cavities
Which of the following Amendments to the United States Constitution does not address issues of criminal procedure?
First Amendment
Which of the following is not true regarding inventory searches?
Officers are required to have reasonable suspicion to inventory the contents of a container.
Which organization has the legal authority to interpret and apply the rules established in the United States Constitution?
The United States Supreme Court
Which of the following best describes probable cause as it relates to the Fourth Amendment arrest requirements?
There exists a "fair probability" that the suspect committed the crime.
Which of the following would not be considered a "house" as interpreted by the Fourth Amendment?
a restaurant dining room
At which point in the criminal justice process does the responsibility for the case switch from the police to the prosecutor?
after a suspects arrest
The United States Supreme Court has held that _____ are entitled to the assistance of counsel.
all defendants sentenced to at least one day of incarceration
Common instances of suggestive lineups involve:
all of the above
In order to adequately represent a client in a criminal case, an attorney is required to:
all of the above
In order to deter police violations of constitutional rights, the public can rely on:
all of the above
What are some of the factors typically considered by the courts in evaluating voluntariness?
all of the above
Which of the following is one of the considerations on which the principle is established that the police have no legal obligation to intervene to protect the general public from harm?
all of the above
Which of the following is not one of the factors used by a judge to determine the reliability of a photographic identification?
all of the above factors are used
A suspect has a right to a lawyer during _____.
all post indictment lineups and confrontations
According to the ruling in Twining v. New Jersey, which reinforced the fundamental fairness approach to incorporation, a right must be _____ to be forced upon the states.
an immutable principle of justice
The United States Supreme Court has adopted which test to determine whether or not a custodial interrogation has taken place?
an objective test
Which of the following may a law enforcement officer enter without probable cause or a search warrant?
an unoccupied dressing room at a department store
A nonroutine border search involves a greater invasion of privacy than a routine search and thus requires _____.
articulable suspicion
Miranda warnings apply and are triggered by:
custodial interrogation
A law that criminalizes some act that was legal when it was committed is known as a habeas corpus law.
false
In Riverside County v. McLaughlin, the United States Supreme Court held that a two-day wait for a probable cause hearing was an unreasonable long time.
false
It is the responsibility of the chief prosecutor to inform defendants of the charges against them and their rights of silence and to counsel.
false
Officers are allowed to falsely claim possession of a warrant to obtain voluntary permission to search.
false
Police are required to corroborate at least some of the information provided by an informant before acting on the tip.
false
Police may not use the automobile exception to search an automobile that serves as either a temporary or permanent home.
false
State constitutions are allowed to remove some of the rights granted by the United States Constitution.
false
The Fourth Amendment holds that people shall be secure against unreasonable searches and seizures, meaning that searches and seizures must be carried out with the support of a warrant.
false
The United States Supreme Court has held that a showup following arrest but before the initiation of adversary criminal proceedings is a critical stage of criminal prosecution, and thus the right to counsel applies.
false
The United States Supreme Court has held that police have a legal obligation to take an individual accused of domestic violence into custody for the protection of the victim(s).
false
The United States Supreme Court has ruled that suspects must be allowed to access to evidence used to convict them if there is a reasonable chance that the DNA from this evidence may show their innocence.
false
The landmark case of Marbury v. Madison (1803) established the supremacy of the United States Constitution over state constitutions.
false
The standard by which probable cause is established varies depending on whether the warrant is for a search or for an arrest.
false
When arresting a suspect for a misdemeanor, the officer must have reasonable suspicion to believe the suspect is dangerous to conduct a search incident to arrest.
false
Due process stems from the _____ and Fourteenth Amendments.
fifth amendment
The original standard in the United States regarding law enforcement use of deadly force was known as the _____ rule.
fleeing felon
In which Amendment to the United States Constitution is the Due Process Clause?
fourteenth amendment
Illegally obtained evidence will be suppressed based on a timely filed motion to suppress, but if such evidence is nevertheless admitted the guilty verdict may be reversed unless the appellate court finds that the judge's admission of the evidence was:
harmless error
In which of the following situations does a person have a reasonable expectation of privacy?
holding a conversation with an actual friend in a rented apartment
Which of the following is not one of the three goals established by the suggested identification process by the U.S. Department of Justice and the American Bar Association.
minimize the possibility of one eyewitness influencing another eyewitness
What level of proof is required for schools to compel student athletes to drug testing?
no proof whatsoever
Administrative inspections are typically carried out by whom?
non police public agents
A search incident to arrest requires that police officers have:
none of the above
According to the United States Supreme Court, police have an affirmative duty to intervene to protect which of the following from acts of private individuals?
none of the above
The immunity from § 1983 suits enjoyed by state governments has been extended to _____.
none of the above
Which of the following is required for the police to act on a tip from an informant?
none of the above
The requirement that warrants must specify what area is to be searched for which items (or item) or person is to be seized is known as the _____ requirement.
particularity
The mechanism by which widespread police misconduct are addressed is known as a(n) _____.
pattern or practice decree
The United States Supreme Court justified the use of a stop and frisk by stating that requiring an officer to wait until he or she developed probable cause would _____.
place society at risk of harm
Some United States Supreme Court justices have said that even though they personally oppose abortion and would overturn Roe v. Wade if given the opportunity, they would not outlaw abortion, but leave that decision up to the states. This point of view is an example of judicial _____.
restraint
The United States Supreme Court established the aptly-named "shocks the conscience" standard in which case?
rochin v. california
Which of the following would constitute a violation of the expectation of privacy of the curtilage to a home as it applies to the Fourth Amendment?
running a fiber optic camera under a fence surrounding the curtilage
Which of the following methods of eyewitness identification is thought to produce the most accurate identification?
sequential presentations
Which of the following is not one of the critical considerations of the test established by the United States Supreme Court to determine the veracity of the information provided by the informant?
severity of the crime being reported
Several state legislatures have passed laws loosening the requirements for warrantless arrests for misdemeanors, allowing a warrantless arrest even if the officer did not necessarilty observe the offense. Which of the following offenses is most likely to fall into this category of exceptions?
shoplifting
The concept of precedent, central to Supreme Court decision-making, is based on which legal principal?
stare decisis
Which of the following is the primary source of criminal procedure?
the United States constitution
According to the Fourth Amendment, what remedy exists should a person's Fourth Amendment rights be violated?
the amendment does not address this issue
United States Supreme Court eras are typically named after _____.
the chief justice that court
Which of the following events in United States history served as a major turning point in the application of the Bill of Rights to the states?
the civil war
Evidence obtained unlawfully may be used at trial to impeach the credibility of _____.
the defendant
The primary purpose of bail is to ensure _____.
the defendants appearance at trial
After the United States Supreme Court decided the case of District of Columbia v. Heller in 2008, the individual right to possess a firearm in the home for self-defense only applied to _____.
the district of Columbia and other federal jurisdictions
The key element that differentiates a Terry stop from an arrest is _____.
the duration of the stop
Which of the following best lends credence to a tip provided by an anonymous informant?
the level of detail provided by the informant
Who is responsible for appointing federal judges, including Justices of the United States Supreme Court?
the president with the approval of the senate
If a criminal defendant pleads guilty to an offense he or she cannot later appeal the case on the grounds of police misconduct.
true
If a suspect flees from the police, officers can consider that act when determining whether or not reasonable suspicion exists to perform a Terry stop.
true
If the defense is able to sufficiently show that a photographic identification was suggestive, the burden then shifts to the prosecution to demonstrate the reliability of the result.
true
Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.
true
Which of the following is not one of the three aspects of informant information to be considered as established in Illinois v. Gates?
trustworthinesss
The act or statement of withdrawal of consent must be:
unequivocal
In order to determine whether a Terry stop was lawful, the courts focus on all of the following areas except:
violent nature of the suspect
To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?
well informed
The Fourth Amendment prohibits _____ searches without a warrant.
"unreasonable"
During which decade did the United States Supreme Court decidedly shift from the fundamental fairness doctrine to total incorporation?
1960s
A suspect subjected to custodial arrest can be held for no more than _____ before he or she must be formally charged with a criminal offense.
48 hours
In which of the following scenarios can an officer not conduct a search incident to arrest/citation?
A seemingly violent man is issued a citation for speeding
Which of the following is not considered a special-needs search?
An inspection of a business to ensure enforcement of safety regulations
The Sixth Amendment right to counsel attaches to all critical steps of the prosecution which has been defined as:
Any phase of the prosecution that may negatively impact the defendant
It is important that precedent be set properly, for once it has been set, it cannot be overturned.
False
In which landmark case did the United States Supreme Court abolish the old "special circumstances" test and hold that the right to counsel for indigent defendants applied to all individuals charged with felonies?
Gideon v. wainwright
In which case did the United States Supreme Court establish the precedent allowing civilians to bring suit against local law enforcement officers and other local government employees under 42 U.S.C. §1983?
Monroe v. pape
Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle where can they look to find the drugs?
On the suspect's person and in the bag in the trunk
In which case did the United States Supreme Court establish the requirement of "effective" counsel for both indigent and nonindigent defendants?
Strickland v. Washington
When police interrogate a suspect using the question first and warn later technique, which statements are admissible at trial?
The statement after the warning is admissible, if the suspect understands that the initial statements are not
If there is no precedent, federal Circuit Courts of Appeals may look to rulings from other courts for advice, in the form of persuasive authority.
True
State constitutions are allowed to provide more rights than are granted by the United States Constitution.
True
The Attorney General and the United States Attorneys have broad discretion to enforce criminal laws. This power is granted to them by _____.
United States constitution, article II section 3
The result of a violation found via an administrative inspection typically is _____.
a civil fine
In which of the following scenarios is it most likely that voluntary consent to submit to a search will not be found?
a suspect is taken into custody and then consents to a search of his vehicle
Which of the following is not a feature that distinguishes curtilage from open fields.
access
At which of the following stages in the criminal process does the right to counsel not attach?
bail setting
Which of the following is the standard by which the prosecution must prove guilt in a criminal trial?
beyond a reasonable doubt
United States Supreme Court decisions that create general rules to guide the police or lower courts are generally referred to as _____.
bright line rules
Police have an affirmative duty to protect which individual?
citizens whom they have a special relationship
The United States Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that the police _____.
clearly inform the suspect of his or her rights
The test of scientific technique in which judges are asked to study the research and expert views to reach their own conclusions as to whether a technique will be applicable and helpful is known as the _____ test.
daubert
Preventative detention is designed to hold for trial all but which of the following?
defendants who cannot afford to post bail
Any evidence that is discovered as a result of any other evidence is known as _____.
derivative evidence
The method of eyewitness identification in which neither the administrator nor the eyewitness is aware of the identity of the suspect is known is a(n) _____ administration.
double blind
Which of the following is not a requirement regarding motor vehicle checkpoints?
drivers must be given the opportunity to turn back
The rule that allows that an individual may be prosecuted for an offense both in state court as well as federal court is known as the _____ rule.
dual sovereignty
Which Amendment to the United States Constitution provides immunity for state governments and agencies from § 1983 suits?
eleventh amendment
In Weeks v. United States, the United States Supreme Court held that _____.
evidence seized in an unlawful search was to be excluded in federal courts
Situations in which officers must urgently take immediate action are known legally as _____.
exigent circumstances
Scientific identification techniques are useful for eliminating innocent suspects, also known as _____.
exoneration
Overturning the old standard, the United States Supreme Court adopted which new Fourth Amendment test in Katz v. United States.
expectation of privacy test
Which of the following is the primary cause of false convictions?
eyewitness misidentification
A physical seizure occurs when a law enforcement officer blocks the path of a suspect.
false
A warrantless arrest of a suspect is only allowed in circumstances where it would be impossible for the officer to obtain the warrant and then make the arrest.
false
By means of the Sixth Amendment right to counsel, an indigent defendant charged with any non-traffic offense is entitled to counsel.
false
Courts may be reluctant to interfere with prosecutorial discretion, but an increase in charges against a defendant after exercising his or her rights is a clear sign of prosecutorial misconduct.
false
Due to the relatively light sentence for such an offense, an officer need not obtain a warrant to arrest a suspect for a misdemeanor.
false
Generally, the Daubert test will allow scientific techniques that the Frye test will not.
false
If a person abandons a locked suitcase, the suitcase itself can be examined, but not the items inside.
false
DNA is unique to all individuals except _____.
identical twins
In order to pass constitutional muster, border searches must be conducted _____.
in a routine fashion
Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting _____.
in good faith
In Adams v. Williams, the United States Supreme Court held that a tip from an informant must contain _____.
indica of reliability
Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the _____ rule.
inevitable discovery
Of the following, on whose information solely can probable cause typically not be established?
informants
Arrests with a warrant are preferable to warrantless arrests because magistrates are thought to be more _____ than an officer in the heat of the moment.
informed and deliberate
In what way is the concern of abusive police interrogations dealt with most frequently?
interrogations are videotaped
If a suspect makes a confession that results from drugs administered from the police that overpowers the subject's rational intellect and free will, the confession is said to be _____.
involuntary
In which case did the United States Supreme Court establish a limited right to appointed counsel for indigent defendants?
powell v. alabama
By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights?
preponderance of the evidence
The United States Supreme Court has repeatedly stated that probable cause is a matter of _____.
probabilities
What level of proof need be established to obtain a warrant?
probable cause
What standard of proof is required for police to search an automobile using the automobile exception?
probable cause
Which of the following is not used to determine whether or not reasonable suspicion existed to justify a Terry stop?
probable cause
Which of the following are not granted absolute immunity against § 1983 lawsuits?
probation officers
Which actor in the criminal justice system is required to prove voluntariness of consent?
prosecutor
Which of the following was not addressed in the original United States Constitution (excluding the Bill of Rights)?
protection against excessive bail
What level of proof is required for school officials to search the property of students for contraband?
reasonable suspicion
When determining the new test in Illinois v. Gates, the United States Supreme Court stated that the components of the Aguilar-Spinelli test should be considered _____.
relevant considerations
Which test for entrapment focuses on the predisposition of the defendant?
the subjective test
Which of the following states that the United States Constitution and laws passed by Congress eclipse state constitutions and state laws?
the supremacy clause
By what standard do the courts determine whether reasonable suspicious existed to justify a Terry stop?
the totality of circumstances
On what do judges rely to determine whether or not a stop of a citizen constitutes a seizure?
the totality of circumstances
On what do judges rely when determining whether or not an item has been legally "abandoned"?
the totality of circumstances
Which of the following is not one of the factors considered in regards to the constitutionality of airport screening?
the training of those conducting the search
In Payton v. New York, the United States Supreme Court stressed that _____ is "the chief evil which the Fourth Amendment is directed."
the unjustified entry into the home
Which of the following is not required for officers to invoke the public safety exception to Miranda?
there must be innocent bystanders in the immediate area
Which of the following is not one of the primary reasons that confessions play an important role in the criminal justice system?
they are easier to obtain than physical evidence
The courts approve intrusive techniques of detention during Terry stops when the police reasonably believe:
they are facing a violent suspect
Each of the following Amendments to the United States Constitution have been incorporated at least partially except which?
third amendment
Under the objective standard regarding a Terry stop, the police may not rely on the following, except:
third party information
Warrants are obtained for all but which of the following purposes?
to press charges
Which of the following is not one of the inherent purposes of the voluntariness test?
to solidify community officer relations
The individual against whom a tort action is filed is known as a _____.
tortfeasor
Which of the following is the only crime mentioned by name in the United States Constitution?
treason
A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.
true
As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.
true
During a Terry stop, a suspect cannot be moved against his or her will (barring safety concerns).
true
Police are allowed to enter a home and make an arrest without a search warrant or an arrest warrant in order to prevent the imminent destruction of evidence.
true
Police may make a warrantless arrest if they reasonably believe that to fail to do so would place the public safety in jeopardy.
true
Prisoners retain only those Constitutional rights that are not incompatible with the objectives of incarceration.
true
Profiles tend to be based on careful analysis of the behavior of known criminals.
true
Prosecutors decide to plea bargain a case.
true
The Fifth Amendment has been only partially incorporated to the states.
true
The Fourteenth Amendment was drafted and passed primarily to grant citizenship and protection to former slaves.
true
The United States Supreme Court has held that if a defendant faces the possibility of even one day of incarceration as part of a sentence, he or she is entitled to counsel.
true
The equivalent to a § 1983 suit when a federal official is the tortfeasor is known as a Bivens suit.
true
An individual who is released on recognizance has been released _____.
without being required to post any bail
An officer stops an individual for the purposes of a Terry stop; he has reasonable suspicion to do so. During the frisk he finds a small handgun, for which the person has a valid license to own and permit to carry. He also finds a small baggie of cocaine. Can he seize the cocaine and use it as evidence at trial?
yes, according to the "plain touch" rule it is admissable
