CRJS 475 exam 2
Under the terms of the settlement, each individual who was subjected to an illegal search is entitled to claim an amount from ____________ to ____________.
$250; $22,000
What percentage of suspects invoke their Miranda warnings during custodial interrogations?
25 percent
What is a possible negative side effect of the exclusionary rule?
A police officer might give false testimony to make the procedure sound more proper.
As far back as the late 1700s, searches of ships did not require warrants, while searches of homes required warrants and probable cause. Which of the following statements explains why?
A ship's mobility allowed the owner to move it quickly out of reach of a search.
Which of the following statements explains the difference between actual authority consent and apparent authority consent?
Actual authority consent takes place when someone has the legal authority to consent to a search for another individual; apparent authority consent takes place when officers believe someone has legal authority to consent to a search for another.
Which of these situations would follow the intention of the good-faith exception to the exclusionary rule?
An officer gets a warrant to search a house and later finds that the warrant was invalid.
Of the following circumstances, which one would be considered the most reliable, taking into account the five Manson factors considered when weighing the reliability of eyewitness accounts?
An officer who has a personal encounter with the culprit and gives an accurate description of that person later that day to a composition artist.
To prove that their Fifth Amendment right against self-incrimination has been violated, what is one of the three elements that defendants must prove?
Compulsion
According to research by Ronald Huff, what is a factor that would have led Thompson to misidentify Cotton, although the sexual assault would have provided her a close look at her attacker?
Conditions of extreme stress can affect perception and memory.
What is the reason given as to why strip searches continued in New York City after they were ruled illegal by an appellate court in 1986?
Corrections officers and guards were not aware that the searches were deemed illegal.
What about the nature of the crime allowed the police to test DNA evidence?
DNA evidence is often only available in crimes like murder and rape.
Which amendment to the U.S. Constitution includes a clause that prevents individuals from being compelled in criminal cases to be witnesses against themselves?
Fifth Amendment
What is the purpose of psychologists' recommendation that the suspect and fillers in a lineup all could fit the original description of the eyewitness?
Fillers who don't match the description increase the chances of misidentification.
Defendants most often try to apply the exclusionary rule to which amendment?
Fourth Amendment
Why did James Woods report detective corruption directly to the police department rather than to the FBI?
He wanted to avoid the embarrassment of external review.
Compare how confession is treated by religion and by the law.
In religion, confession is the step toward forgiveness; in the eyes of the law, confession is proof of guilt that justifies punishment.
Why did the American Civil Liberties Union (ACLU) speaker criticize the court ruling that DNA cheek swabs are a legitimate police procedure?
It allows police to test the DNA in connection to crimes they have no reason to believe the arrested person is connected.
In the case Pletan v. Gaines et al. (1992), what was the reasoning given for why Sergeant Barrott was not found liable for Brian Pletan's death?
It could deter officers in the future from vigorously enforcing the law.
Why did Antonin Scalia dissent on the Court decision and call it a "terrifying principle"?
It could lead all arrests to be entered into a DNA database regardless of whether the suspect committed a crime.
Miranda v. Arizona (1966) resulted in what change to the way police question suspects?
It established a list of warnings that police are required to give suspects prior to custodial interrogation.
In a dissenting opinion for Herring, why does the justice say the potential deterrence is worth the cost it imposes on the courts and law enforcement?
It is crucial to keep accurate records so innocent people are not arrested.
What is one way the internal investigation of the detectives looking to sell heroin was mishandled?
It tipped off the detectives being investigated.
In Schneckloth v. Bustamonte (1973), how did the ruling affect the ideals of individual privacy and public safety?
It tipped the scales toward public safety.
What are the two assumptions SCOTUS makes about the exclusionary rule?
It will prevent future illegal search and seizures, and there is a social cost in letting criminals go free.
Because probationers have signed a contract of release that includes consent to searches and seizures, what is required of enforcement officers before undertaking a search of their persons, property, or containers?
Law enforcement is not required to do anything before searching a probationer.
What is one reason, according to Samaha, that a court would likely not find an officer guilty of a crime after they have committed misconduct?
Most prosecutors and juries don't want to prosecute officers.
In what case did SCOTUS establish the public safety exception to Miranda?
New York v. Quarles (1984)
If evidence that was excluded from the case-in-chief is presented during cross-examination, can it be used to prove the guilt of the defendant?
No, evidence can be used to undermine the defendant's credibility, but not prove guilt.
Does all evidence obtained or derived from illegal actions mean it is suppressed and excluded from court?
Not often, there are a number of exclusions that keep the evidence in court.
To what does the term blue wall of silence refer?
Officers should never report a fellow officer for misconduct.
Under section 1983 of the U.S. Civil Rights Act, must an officer be liable for their actions every time they violate someone's constitutional rights?
Only if the officer's actions were deliberate and they do not have qualified immunity.
Of the following scenarios, which one makes the best case to apply the attenuation exception to the fruit of the poisonous tree doctrine?
Police illegally search a location and one of the people there freely offers up evidence after several days.
Which statement correctly explains the rules for searching individuals during traffic stops according to the decision in Terry v. Ohio (1968)?
Police may briefly detain, question, and conduct a limited pat down of a suspect during a traffic stop without a warrant or probable cause.
Does a large number of complaints against the police in a certain city mean there is a large amount of officer misconduct?
Possibly, but the increased number of complaints could also mean public confidence in review procedures.
Why do the crimes set up in experimental research mean researchers can accurately analyze witness errors?
Researchers control the setup and the variables of the crime.
How does SCOTUS's view compare to some circuit court's opinions on strip searching people arrested for minor offenses?
SCOTUS believes it is reasonable, but some circuit courts feel it is a violation of the Fourth Amendment.
What remains the biggest hurdle for Jennifer Thompson years after Cotton's release?
She has persisting guilt over her misidentification of him.
What Manson factor did Jennifer Thompson strongly have in her identification of Ronald Cotton?
She was confident, with no doubts about the identification she made.
What was the first case where SCOTUS considered due process as a reason to challenge eyewitness identification on constitutional grounds?
Stovall v. Denno (1967)
How do the Fifth and Sixth Amendments protect individuals during police interrogations?.
The Fifth Amendment guarantees the right not to incriminate oneself in a criminal case, while the Sixth Amendment guarantees the right to counsel in all criminal prosecutions.
When considering the Fourth Amendment, how do private school officials and public school officials differ?
The Fourth Amendment binds public college officials.
How did the Robinson rule clarify the rules of searches incident to arrests?
The Robinson rule clarified the scope of the search allowed as incident to arrest.
What is true of a police chief's role and how their recommendations for discipline compare to a direct supervisor's recommendation?
The chief has a department-wide view of misconduct and will make different recommendations about half the time.
What did the Court mean by stating the constitution contains negative liberties rather than affirmative liberties?
The constitution tells the government what it can't do, not what it has to do.
Currently, DNA cheek swabs are okay as long as the suspect was arrested for a serious crime. Why has this fueled debate?
The definition of a serious crime is not clearly defined.
How could a forensic ipse dixit statute potentially take away the defendant's constitutional rights in a courtroom if not for the Melendez-Diaz v. Massachusetts (2009) decision?
The forensic analyst would not be cross-examined, leading to careless procedure and higher rates of wrongful convictions.
Why are some police officers upset by the corruption being revealed in the hearings?
The hearings hurt public opinion of the police in general.
Under what circumstances might an individual lose a Bivens action even if the person can prove the officer acted with the appearance of power and violated one of the individual's constitutional rights?
The officer is able to prove qualified immunity.
The decision in Carroll v. U.S. (1925) created the vehicle exception to the warrant requirement. How did this decision change the requirements for searches of vehicles as compared to those of homes?
The warrant requirement was removed in vehicle searches, unlike the warrant required when searching homes.
What is a circumstance where evidence may still be suppressed even if the officer has a warrant?
The warrant was based on an affidavit with information that was deliberately misleading.
If an eyewitness noticed some of the details of their surroundings during a crime, what could police safely infer about their recollection of the attacker's face?
Their recollection would be worse because they were looking at other things.
Why did the U.S. Court of Appeals determine that the circumstances of Dwares v. City of New York (1993) fell under the state-created-danger exception and found in favor of the appellant?
There was implied approval from police officers of the violence that took place.
What is one of the reasons the majority denied the state-created-danger exception in the case Pinder v. Johnson (1995)?
There was no special relationship created by promises on the part of the officer.
What does it likely mean if police ask suspects for consent to search their vehicles?
They don't have probable cause to search.
Special needs searches differ from Fourth Amendment searches in which of the following ways?
They don't require warrants or probable cause.
When officers are in hot pursuit of a suspect for whom they have probable cause to arrest, and he enters a home, what are officers allowed to do that doesn't violate the Fourth Amendment?
They may enter and search as much as required to prevent the suspect from fleeing.
What's a reason law enforcement officials support the exclusionary rule and Fourth Amendment restrictions?
They receive training on those restrictions that promote professionalism.
What is one criticism leveled at experimental research processes, and how might it affect the results researchers get?
They use mostly college students, who outperform other groups and can skew results.
What happened to James Woods and James Dowd after they reported the case of detective corruption?
They were both questioned by internal affairs.
Which case determined that there is no constitutional right to have restraining order enforced by the state?
Town of Castle Rock v. Gonzalez (2005)
How does the accusatory system rationale compare with the free will rationale?
Under the accusatory system rationale, forced confessions (true or false) violate due process, while the free will rationale states that involuntary confessions are coerced if not given of a rational intellect and free will.
The Miranda ruling came after several rationales put forth by SCOTUS to examine confessions. How does the accusatory system rationale compare with the free will rationale?
Under the accusatory system rationale, forced confessions (true or false) violate due process, while the free will rationale states that involuntary confessions are coerced if not given of a rational intellect and free will.
In the absence of an arrest, what is the difference between searches of containers in vehicles before and after SCOTUS' ruling in California v. Acevedo (1991)?
Until 1991, officers could only perform warrantless searches of containers in vehicles if they had separate probable cause to search both the vehicle and the container; after 1991, officers with probable cause could perform warrantless searches of containers in vehicles.
What case created the exclusionary rule that ensured federal procedure would not accept evidence derived from unreasonable searches and seizures?
Weeks v. U.S. (1914)
If evidence has been excluded from the government's case-in-chief in a trial, can it be presented elsewhere in the trial?
Yes, it can be used during cross-examination of defense witnesses.
The new SCOTUS ruling allows the police to take DNA samples without what document that could raise more debate?
a warrant
What has SCOTUS adopted to determine whether suspects truly have waived their rights?
an implied waiver based on the totality of circumstances
The courts have determined that schools and universities must balance what two issues when determining whether a search is an invasion of privacy?
an individual student's right to privacy and a desired campus environment
The accusatory stage of the criminal process begins when ____________.
an investigation focuses on a specific individual.
SCOTUS has ruled that strip and body cavity searches in correctional facility settings ____________.
are reasonable to ensure security, safety, and discipline
In the video, the mayor and law enforcement officials for the city of New York ____________ strip searches for all detainees, regardless of the level of their offenses.
argue in support of
Medical University of South Carolina established a program in the late 1980s to help protect the unborn children of crack cocaine users. After unknowingly being tested for crack cocaine, those women who recently gave birth and tested positive were ____________.
arrested and prosecuted for drug use
In Norris v. Premier Integrity Solutions, Inc. (2011), Norman Norris was required to undergo a highly intrusive drug test ____________.
before his guilt or innocence was determined
As a result of the decision in Miranda v. Arizona (1966), SCOTUS ruled that a suspect's claim to remain silent ____________.
can begin at any time, even if the suspect has already started talking
Following World War II, to what position did President Truman appoint Supreme Court Justice Jackson?
chief prosecutor at the Nuremberg Trials
When an individual confesses to avoid an uncomfortable situation, this is called a ____________ false confession.
compliant
SCOTUS has ruled that the Fourth Amendment ____________ applies to school searches, and has also ruled that these searches are ____________.
does; reasonable
Which of the following sources of information is likely to be the MOST factually reliable form of evidence?
excluded evidence
The courts have adopted three justifications for applying the balancing test to searches in student dormitories. They include the "special relationship" between students and schools, the school's duty to provide the appropriate environment for learning, and ____________.
exigent circumstances that require immediate action
In a courtroom, what is the most effective way to show eyewitness identification can be flawed?
expert testimony
According to most experts what causes the greatest conviction of the innocent?
eyewitness testimony
What overarching societal fear in the early 1900s led SCOTUS to expand the Fourth Amendment interpretation to include reduced expectations of privacy in vehicles?
fear of alcohol-related crimes
Which of the following disciplinary actions is considered the most severe?
fines
In consent searches, individuals ____________.
give officers who don't have probable cause or a warrant permission to search their persons, belongings, and homes
The term that describes where officers are permitted to search when making an arrest is called the ____________.
grabbable area
What do courts weigh when attempting to balance the use of the exclusionary rule in society?
how much social harm will result from the exclusionary rule
What is the biggest unanswered question left after the SCOTUS's decision according to the last interview in the segment?
how this broadest possible federal statute will apply to personal rights in the future
Justice Jackson believed that rights against uncontrolled searches and seizures were ____________.
indispensable freedoms
If an illegal search action uncovered evidence and it can be proven that a lawful search was going to find that evidence eventually, what exception to the fruit of the poisonous tree doctrine would apply?
inevitable discovery exception
What is it called when officers knock on a door, announce their presence and that they have a search warrant, and then enter the premises?
knock-and-announce
In the four cases decided by SCOTUS that provided functional immunity for prosecutors, which of the following instances did the Court see as actions performed by an advocate?
knowingly giving false evidence in trial
The totality of circumstances test that SCOTUS applies when determining the scope of consent favors which of the following?
law enforcement
What is one feature of forensic analysis that could cause an unconscious bias in the forensic investigator?
learning information about the crime and suspect beyond the scope of what they are asked to analyze
What pretrial identification procedure did police follow in identifying Cotton as the culprit of the sexual assault?
live lineup
In research into officers' and untrained college students' abilities to identify videotaped false confessions, ____________.
neither officers nor students had a high rate of accuracy in identifying false confessions
When applying the voluntariness test of consent to search, courts focus on whether a(n) ____________.
officer reasonably believed a suspect consented voluntarily
SCOTUS's intention in Miranda v. Arizona was to ____________.
prevent police coercion while still allowing police to put pressure on suspects
One of the purposes of an inventory search is to ____________.
protect law enforcement, suspects, and offenders from bombs, weapons, and illegal drugs
SCOTUS has determined that the airport searches are required to ____________.
protect the safety and security of all air travelers
The one exception to admitting incriminating statements in a trial that were made without administration of the Miranda warning is called the ____________.
public safety exception
In Skinner v. Railway Labor Executive Association (1989), SCOTUS ruled that testing blood, breath, and urine was ____________.
reasonable without warrants for some employees
In California v. Acevedo (1991), SCOTUS ruled that searching containers in vehicles ____________.
requires no warrant when there is probable cause
In pretext arrests, officers arrest individuals where probable cause exists in order to ____________.
search for evidence of more serious crimes
Emergency searches are best described as ____________.
searches executed without warrants due to the impracticality or danger in requiring officers to obtain warrants before they search
Searches of lawfully arrested individuals conducted without additional probable cause are called ____________.
searches incident to arrest
What factor would probably improve an observer's recollection of a suspect, particularly a suspect that the observer was close enough to see?
seeing the culprit with an unobstructed view
According to Wells and Quinlivan, which of the following is a change in context that could cause witnesses to change their retrospective self-report?
social desirability that they help put the defendant away for their crimes
Special needs searches attempt to balance what two things?
special government needs and individual privacy
In deciding if the state-created-danger exception applies, what action would an officer have to take to be most likely found liable for their actions?
taking an action that increases someone's danger when they have been threatened with serious physical injury
Which justification for the exclusionary rule is meant to act as a way to prevent officers from illegally obtaining evidence future searches?
the deterrence justification
After an event has taken place, when does memory fade the most quickly?
the first few hours after it occurs
The border search exception states that international border searches are reasonable without warrants or probable cause because ____________.
the need to control what and who enters the country outweighs personal privacy
The particularity requirement of the Fourth Amendment requires that a warrant must specify ____________.
the particular person and location to be searched
What circumstance does the Court NOT take into account when considering the strength of an eyewitness identification?
the psychological state of the witness and their trustworthiness
In its ruling supporting strip searches in jails, against what does SCOTUS balance against a potentially innocent individual's right to privacy?
the special need to maintain security, safety, and discipline in jail
In Miranda, how did SCOTUS outline how to determine what defined "custody"?
the totality of the circumstances
What is the purpose of a "double-blind" lineup or photo array?
to make sure the administrator can't influence the witness's decision
According to the SCOTUS ruling in Wilson v. Arkansas (1995), which of the following is a circumstance that makes a no-knock entry reasonable?
to prevent suspects from escaping
In South Dakota v. Opperman (1976), the Vermillion, South Dakota, police claimed that they performed an inventory search of the vehicle ____________.
to protect the contents of the vehicle from theft while in police custody
People who confess due to a need for self-punishment to remove guilty feelings make ____________.
voluntary false confessions
In what situation did untrained college students do better than police officers in identifying false confessions?
when listening to audiotaped confessions
According to the Monell (1978) decisions, under what circumstances is a local government liable for the actions of its employees?
when the employee has violated rights by following written policy
In Pennsylvania v. Mimms (1977), SCOTUS ruled that officers could order drivers out of cars during traffic stops without violating the Fourth Amendment under what circumstance?
when the motor vehicle has been lawfully detained
The Sixth Amendment "Deliberately Eliciting a Response" Test is used to determine ____________.
whether law enforcement took any incriminating statements from suspects without a lawyer present once the prosecution started
Which of the following is NOT a circumstance that SCOTUS uses to determine whether a confession was given voluntarily after a suspect has waived Miranda rights?
whether public safety is at stake
