POLS4720E Final Exam

Which two events trigger Sixth Amendment safeguards under the Massiah rule regarding confessions?

After bail is posted Correct Response Commencement of adversarial criminal proceedings Correct Response Interrogations in pre-indictment scenarios Correct Response Deliberate elicitation of information from the defendant by governmental agents

The Equal Protection Clause of the Fourteenth Amendment has been interpreted to prohibit the exclusion of individuals from jury service for all except which of the following reasons?

Age

Which case tells us that anonymous tips are able to be used in establishing reasonable suspicion?

Alabama v White

A dynamite charge is also known as a ________ charge.

Allen

In which case does the SCOTUS articulate a "loss of liberty" rule?

Argersinger v Hamlin

This case is sometimes referred to as the "soccer mom case". We learn from this case that law enforcement have discretion to arrest any person for any crime, even those that are only citation-based offenses.

Atwater v City of Lago Vista

In which case did the U.S. Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race"?

Batson v KY

Which case best reflects the "involuntariness" of the confession shown in the clip below? L.A Confidential

Brown v MS

In which case did the SCOTUS identify that the right of cross-examination is implicit in the right of confrontation?

Chambers v MS

Which of the following rights is not found in the Sixth Amendment?

Doubly jeopardy

A defendant may have a successful challenge for ineffective counsel on the basis of untested legal strategies by his attorney.

False

According to CA v Greenwood, law enforcement may not search garbage that has been placed out for collection without a warrant.

False

All areas of a backyard are considered curtilage, as long as they are a fenced space.

False

An arrest may occur only when a warrant is involved.

False

Anonymous sources are not adequate for PC, no matter the circumstances.

False

Any emergency (exigent) circumstance permits law enforcement to proceed without a warrant in situations that might otherwise require one.

False

Chavez v Martinez clarified that Miranda warnings were a legally required rule of behavior for law enforcement rather than a rule to submit evidence at trial.

False

Closed courtrooms (from the press/ public) are fairly common.

False

IRS interviews require Miranda warnings to be read if testimonial evidence is to be collected.

False

In FL v Bostick, cocaine evidence was suppressed by the SCOTUS because Mr. Bostick was legally "seized" without reasonable suspicion.

False

Kyllo v US suggests that thermal imaging by law enforcement is permissible without a warrant, under special circumstances.

False

Law enforcement always need a warrant to search your garbage.

False

Law enforcement must always obtain a warrant if they want to use evidence from recorded conversations between friends/ acquaintances.

False

Miranda warnings must be given verbatim by law enforcement if confessions are to be legally obtained.

False

Once the Miranda right is waived, it may not be reasserted at a later time.

False

SCOTUS caselaw gives some hard and fast time limits for law enforcement encounters that may be considered stops (not arrests).

False

Strip searches are permissible in jails with just reasonable suspicion.

False

Strip searches are reasonable in schools with just reasonable suspicion.

False

The Constitution, specifically the Fourth Amendment, expressly lays out the exclusionary rule.

False

The Court upholds federal law that recognizes a "voluntary" exception to the Miranda requirement in Dickerson v US.

False

The SCOTUS recognized rule that describes when the right to trial by jury will apply includes both an incarceration time (+6 months), as well as fine amount (+$500). The fine amount is the more "important" of the two for the application of the rule.

False

The fact that a suspect responds to law enforcement is the appropriate measure of whether he/ she has been interrogated, as opposed to the intentions of law enforcement to obtain a response.

False

The ruling in Powell v AL is a broad finding regarding Sixth Amendment trial rights.

False

US v Leon deals with the "inevitable discovery" exception to the exclusionary rule.

False

Wiretapping has always been considered a search subject to the warrant requirement.

False

What does the SCOTUS decision in Katz v US (1967) tells us? Choose all that apply.

Fourth Amendment protects people Correct Response Fourth Amendment protects tangible and intangible Correct Response Fourth Amendment is based on a subject and objective reasonable expectation of privacy Correct Response Fourth Amendment wasn't intended to be used as a barrier to law enforcement

In which famous case did the petitioner submit his own petition for certiorari to the SCOTUS on prison stationary?

Gideon v Wainwright

In Oliver v US, what measures did Oliver take to make sure that his field remained private? Choose all that apply.

Guard dogs Correct AnswerCorrect Response Posted no trespassing signs Correct Response Security cameras

In this case, the court approves "stop and identify" laws.

Hiibel v NV

Defendants are guaranteed a right to appointed counsel through what stage of the trial process?

Through first appeal as of right

A defendant may have a successful challenge for ineffective counsel if his attorney has inadequately prepared or investigated his case.

True

A key difference between Miranda rights for confessions and Sixth amendment rights for confessions is that Miranda applies only to pre-indictment interrogation, while Sixth Amendment rights apply to many stages of the trial process.

True

A long-lasting impact of the Gideon decision is the creation of the public defender system in the states.

True

Faretta v CA articulates a standard for waiver of right to counsel.

True

Federal criminal juries are required to both consist of 12 members and to bring back 100% unanimous verdicts in order to constitutionally reach a verdict.

True

In a clear case of jury nullification, there is nothing a judge may do in response to correct it.

True

Individuals may waive their right to counsel and represent themselves, if they so choose.

True

Irwin v Dowd (1961) was a unanimous opinion on the consequences of extreme pre-trial publicity, and the possible due process violation.

True

It is difficult for a defendant to prove a Sixth Amendment fair trial violation has occurred based on trial publicity.

True

It is legal to use evidence that would otherwise be subject to the exclusionary rule in grand jury proceedings.

True

Most states, unlike the federal courts and particularly SCOTUS, allow cameras in the courtroom- even at the trial stage of criminal procedure.

True

Once Miranda rights are invoked, law enforcement should not question a suspect unless the suspect (or attorney) initiate contact.

True

Part of the SCOTUS logic for not incorporating the exclusionary rule in Wolf v CO (1949) was that it is a procedural rule, not constitutional law.

True

Per CA v Hodari, an officer's actions must indicate to a person that he is not free to leave before a "seizure" takes place. Thus, if actions don't indicate seizure, none has taken place- no matter a person's response.

True

Ronald Reagan spoke out specifically about his dislike of the exclusionary rule by telling a story about a diaper.

True

Searches at border crossing can be conducted without a warrant, and may include disassembling an automobile if law enforcement feel it necessary.

True

Silence by a defendant is not sufficient to invoke Miranda rights.

True

Sixth Amendment cross-section claims for juries differ from Fourteenth Amendment Equal Protection claims for juries because they affect the venire, or jury pool, rather than the voir dire process itself.

True

Social scientific evidence suggests that there is not much difference in the decision-making abilities of six-person juries as compared to 12-person juries.

True

States may decide for themselves whether to require a warrant for UAV surveillance by local law enforcement.

True

The SCOTUS considers the right to an attorney in interrogations as a function of Sixth Amendment right to counsel in Escobedo v IL.

True

The SCOTUS recognizes that law enforcement themselves may cause an exigent circumstance, and have made exceptions to the warrant requirement when this happens.

True

The classic definition of a "seizure", according to the SCOTUS, is shaped by whether a reasonable person feels free to leave an encounter with law enforcement.

True

The logic of Miranda is that the "voluntariness" of confessions is completely and procedurally safeguarded.

True

The question of whether a trial is "speedy" primarily is based on the time that has elapsed between the accusation against the defendant and the defendant's trial, taking into consideration the totality of the circumstances surrounding the case.

True

There is no legal justification required for regular law enforcement encounters with public citizens.

True

Ultimately, it is up to the judge in a case to decide whether a Batson challenge can overrule the use of a peremptory strike.

True

Wong Sun v US is an example of the "purged taint" exception.

True

In which case does the SCOTUS articulate a standard for ineffective counsel?

US v Chronic

Which of the following was a unanimous decision?

US v Jones

Which case established the "good faith" exception to the exclusionary rule?

US v Leon

Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?

US v Leon

Which case created a BRIGHT LINE RULE about automobile searches incident to arrest?

US v Robinson

In which case did SCOTUS establish the False Friend Rule?

US v White

Which of the following is NOT a consideration in determining curtilage?

Visibility

Which case illustrates the "hot pursuit" exception to the warrant requirement?

Warden v Hayden

1. Can Hank (DEA agent) search the RV as he insists without a warrant and with PC only? Yes or No 2. What case tells you this?

Yes CA v Carney

US v Hensley tells us that information found on_______are a source for reasonable suspicion.

a wanted flyer

The Cronic Standard does NOT recognize the following as proof for ineffective counsel:

challenge to strategic decisions

Which of the following is NOT a rationale for the legality of the exclusionary rule?

constitutional law expressly mandates this rule

After the prosecution has questioned a witness for the prosecution, the defense may question the witness. This second questioning is referred to as _____.

cross-examination

In Mapp v. Ohio, the U.S. Supreme Court held that _____.

evidence seized in an unlawful search was to be excluded in state courts

In what two places in the Constitution are the protections that shape trial publicity found?

first and sixth amendment

A deadlocked jury is also known as what kind of jury?

hung jury

In the Wong Sun case, the fact that the second agent had clearly let Wong Sun know his rights before he re-interviewed him is an example of what condition? This is necessary for recognizing purged taint.

intervening events

Which of the following does not require reasonable suspicion to perform a warrantless search?

jails

What case, in your opinion, guides the FAA in it's treatment of drone surveillance by law enforcement? In other words, which case is most closely tied to the legality of low-flying aerial surveillance without a warrant?

Florida v Riley

Which case established the "open field" doctrine?

Hester v US

Which of the following cases deals primarily with the "knock and announce" rule?

Hudson v MI

In which of the following cases does the SCOTUS deal with searches involving automobiles (in some capacity)?

Michigan v Dept of State Police v Sitz Correct Response California v Acevedo Correct Response Warden v Hayden Correct Response Arizona v Gant

Which case helped establish the "independent source" doctrine?

Murray v US

Which of the following cases involves a search that is NOT based on reasonable suspicion given by informants, but instead is based on reasonable suspicion gathered by law enforcement observation?

Terry v OH

The silver-platter doctrine was ruled unconstitutional in which case?

Elkins v US

"No Trespassing" signs are a clear indication to law enforcement that you expect privacy on your property, and thus a warrant would be required for a search to occur.

False

A nodded head is explicit enough for law enforcement to gauge a Miranda waiver.

False

In Georgia, law enforcement officers may NOT use "stop and identify" responses as a factor in arrest

False

In US v Mendenhall, consent was the main explanatory factor in the SCOTUS conclusion.

False

It is not a violation of Fourth Amendment rights for states to require that persons with a driver's license who refuse to submit to a blood alcohol tests may be criminally prosecuted.

False

In which case is the SCOTUS asked whether the reliability of anonymous tips are acceptable PC?

Illinois v Gates

In what case does a "reasonable expectation of privacy" become the standard to assess whether a search has occurred?

Katz v US

A "police-created" exigency is the subject of which case?

Kentucky v King

Which of the following identifies the "public safety exception" to the Miranda requirement?

NY v Quarles

In what case was wiretapping NOT considered a search, subject to Fourth Amendment protections?

Olmstead v US

Escobedo differs from Miranda in that the right to counsel referenced in Escobedo is derived from what right?

Sixth Amendment

In what case did the SCOTUS rule that psychological coercion by law enforcement makes a confession "involuntary"?

Spano v NY

Which of the following represents the "involuntariness" of the confession in the clip shown below? The Untouchables

Spano v NY

Which of the following was NOT a reason that the SCOTUS gave for not requiring Miranda warnings at traffic stops?

They involve automobiles so different rules apply

The general limit for all exigent circumstance exceptions has to do with:

Time

An individual may be stopped and searched with reasonable suspicion IF AND ONLY IF it is related to safety.

True

Avoidance behavior may establish reasonable suspicion.

True

Because a front porch is considered curtilage, law enforcement may NOT use a drug sniffing dog there without a warrant.

True

Being passenger in an automobile that contains contraband is enough PC for arrest, whether the contraband belongs to you or not.

True

Broad discretion is given to law enforcement in terms of what crimes they may arrest individuals.

True

Congress immediately passed statutory law that made Miranda moot in 1968.

True

Custodial interrogation may occur in non-police station scenarios, such as in a home or on a public sidewalk.

True

Federal Rules of Criminal Procedure outline protocols for warrant execution, but also allows that mistakes may be made without Fourth Amendment protections being implemented.

True

Illinois v Caballes tells us that drug-sniffing dogs are NOT considered a search subject to the warrant requirement.

True

In Brewer v Williams, the SCOTUS clarifies whether comments designed to elicit confessions are to be considered interrogations, even when they are not presented in question form.

True

In Florence v Board of Chosen Freeholders of County of Burlington, the SCOTUS decided that there was no requirement of reasonable suspicion for strip searches in jails, even for those taken in for unpaid fines.

True

In some capacity, "profiling" may be used to establish reasonable suspicion.

True

Interrogations may involve the use of casual conversation and are not considered strictly in question-style format.

True

What is the most difficult kind of source for law enforcement to prove as reliable PC?

anonymous information

Which of the following requires PC for a search without a warrant?

automobile searches

Brinegar v US (1949) tells us that with PC, we are dealing with _____________.

probabilities

What do the following refer to? specific and articulable facts more than a hunch not a neat set of legal rules case-by-case determination

reasonable suspicion

In which of the following scenarios is testimony collected by non-Mirandized suspects NOT allowed in legal proceedings?

statements collected after Miranda is given that are related to earlier statements before Miranda is given

Which "test" for PC is the most supportive of law enforcement discretion?

totality of circumstances

In Silverthorne Lumber Co. v US (1920), identify the terms used by the Court for: a) the primary evidence b) the secondary evidence

tree fruit

Which of the following is not one of the individual interests of a speedy trial identified by the U.S. Supreme Court?

Limited exposure to public criticism

In Florida v Jardines, the majority opinion veers from a traditional "privacy" right, and instead focuses on this right.

Property rights

What remedies were proposed in Sheppard v Maxwell regarding limiting the effects of pretrial publicity?

Limiting the number of reporters in the courtroom Change of venue options Insulating witnesses/ jurors from the press

In which case did Justice O'Connor write a majority opinion that explained the Confrontation Clause's preference (not RULE) for in-person confrontation?

MD v Craig

In which case did the SCOTUS first recognize that certain kinds of indigent defendants must be provided counsel or denied Fourteenth Amendment due process rights?

Powell v AL

According to our caselaw examples, which of the following does NOT indicate reasonable suspicion?

Race

Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire?

Race

In which case did the SCOTUS overturn Hoyt v FL?

Taylor v LA

The SCOTUS has held that while states are not required to use juries of 12 members, any jury must have at least how many members?

6

According to the U.S. Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?

A 10-member jury voting 9-1

Which of the following cases does NOT involve a suspect who is fleeing or resisting cooperation with law enforcement?

IL v MacArthur

In which case did the U.S. Supreme Court establish that the standard of establishing criminal guilt beyond a reasonable doubt is a fundamental component of due process?

In re Winship

What kind of cases are we primarily concerned with for Sixth Amendment right to counsel guarantees?

Indigent defendants

The Fourth Amendment gives us what criteria for search and seizure procedure? Choose all that apply.

Searches must not be unreasonable Correct Response Searches must be performed in a timely manner Correct Response Searches should involve a warrant Correct Response Searches and warrants should be based on probable cause

What kind of remedy to mitigate the effect of trial publicity has the SCOTUS proposed?

Sequestration of jurors Limits on the numbers of reporters in courtrooms Gag orders