CRIJ 2323, Test 2
True or False: A police officer must always first obtain a warrant before making a felony arrest.
False
In Texas, a written statement must contain the _______ ________to be admissible. (Article 38.22, Texas Code of Criminal Procedure)
Miranda warnings
In Texas, a taped statement does require the (Article 38.22, Texas Code of Criminal Procedure)
Miranda warnings.
Which one of the following statements is correct?
Most states have now adopted liberal rules allowing pretrial discovery in criminal cases.
True or False: A tip from a confidential informant can give rise to probable cause to obtain a search warrant.
True
True or False: Any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the Fourth Amendment.
True
True or False: For a search to be valid under the Fourth Amendment, police officers must have "probable cause," or in certain instances "reasonable suspicion" to believe that a particular search will produce evidence of crime.
True
True or False: In 2004 the U.S. Supreme Court held that states are not precluded from using checkpoints to obtain motorists' assistance in locating the perpetrator of a crime involving a traffic accident.
True
True or False: In Texas, police may arrest a person without a warrant for a misdemeanor offense of assault involving family violence. (Article 14.03, Texas Code of Criminal Procedure.)
True
True or False: In Texas, the exclusionary rule applies to both police and private citizens. (Article 38.23, Texas Code of Criminal Procedure)
True
True or False: Many rules of evidence do not apply to grand jury proceedings.
True
True or False: Minor misdemeanors are often tried summarily before a judge or magistrate.
True
True or False: Police are permitted to temporarily detain persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.
True
True or False: Police have the right to ask the passenger to exit a vehicle on a traffic stop.
True
True or False: The Eighth Amendment of the U.S. Constitution prohibits the imposition of "excessive bail."
True
True or False: The Fourth Amendment to the U.S. Constitution has been extended to searches and seizures conducted by state and local law enforcement officers.
True
True or False: The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense.
True
True or False: The Supreme Court has held that persons charged with felonies have the right to represent themselves in court.
True
True or False: The Supreme Court has ruled that an indigent defendant may be assessed the costs of appointed counsel and that such costs may be collected later if the defendant becomes solvent.
True
True or False: The grand jury is a deeply rooted common-law institution and was comprised of twenty-three persons.
True
True or False: The grand jury proceeding is closed to the public and the defendant does not even have to be present.
True
In Texas, the exclusionary rule is created by (Article 38.23, Texas Code of Criminal Procedure)
a statute.
The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.
a subpoena
As a general rule, the Fourth Amendment requires police to obtain _ _______before conducting a search or seizure.
a warrant
To establish probable cause to make an arrest, a police officer can consider _____________.
all of these
A search warrant issued on information that at a future time evidence will come to a specified place is a(n) _____ warrant.
anticipatory
The Fourth Amendment protects a person's rights against the police, but generally does not apply to searches and seizures conducted by _____.
any of these
To conduct a "stop-and-frisk," police must have __________ _________ that criminal activity is afoot.
reasonable suspicion
A _____ occurs when government agents look for evidence in a manner that intrudes into a person's legally protected privacy.
search
A _______ occurs when the agents take possession or control of property or persons.
seizure
Which one of the following is not a component of the pretrial process?
sentencing of the defendant
The process by which police take an eyewitness to the crime scene to view a suspect shortly after an offense has been committed is called a ____________.
showup
To invoke the Fourth Amendment exclusionary rule, a person must have _________.
standing
Paying a premium to a third party that agrees to post the bond for the accused is called a ______ bond.
surety
A stun gun that shoots metal barbs attached to wires is a
taser
The Federal Rules of Criminal Procedure require that a search warrant must be executed within ___ days after it is issued.
ten
Routine searches of persons and automobiles crossing ___ _______ __ ___ ______ ______ are not prohibited by the Fourth Amendment.
the borders of the United States
Under a ___________ strategy of conducting interrogations, one police officer is harsh, rude, and aggressive, while another police officer appears friendly and sympathetic to the suspect.
"Mutt and Jeff"
In Texas, a grand jury consists of _______ jurors. (Article 19.26, Texas Code of Criminal Procedure)
12
In Texas, a search warrant must be executed within ____ days of its issuance. (Article 18.06, Texas Code of Criminal Procedure)
3
Because an arrest is a "seizure" it is subject to the _________Amendment prohibition of "unreasonable searches and seizures."
4th
Which of the following is authorized to issue an arrest warrant?
A magistrate
Which one of the following statements is correct?
A skip tracer is one who seeks out absconding defendants to assist sureties who have posted bonds guaranteeing a defendant's appearance before the court.
In determining whether a defendant's confession was voluntary, courts typically consider such factors as ________________.
All of these
Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?
All of these
Which of the following identification procedures have been upheld by the courts?
All of these
Which of the following often qualifies as a permissible warrantless search?
All of these
The good-faith exception to the Fourth Amendment exclusionary rule recognized in United States v. Leon (1984) does not apply to cases where _____.
Any of the above
The deprivation of a person's liberty by someone with legal authority is called an ______.
Arrest
Name the four types of encounters between citizens and police.
Arrest; Investigatory Detention; Roadblocks and Sobriety Checkpoints; Request of Information or Identification
Granting a defendant pretrial release is commonly referred to as granting ____.
Bail
In Miranda v. Arizona (1966), the Supreme Court held that police must advise suspects of their right to _________ before subjecting them to custodial interrogation.
Both a and c are correct. (have a counsel present during questioning, remain silent during questioning)
Before interrogating a suspect who is in custody, police must advise the suspect of the right to remain silent and the right to have _______ present during the questioning.
Counsel
At common law, the concept of _________was developed to afford the area immediately surrounding a house the same protection under the law of burglary as was afforded the house itself.
Curtilage
As the 1995 O. J. Simpson murder trial demonstrates, defense lawyers can attack the methodology of ______________ as well as the qualifications of those administering them.
DNA tests
Who is entitled to more discovery in Texas? (Article 39.14, Texas Code of Criminal Procedure)
Defense
In __________________ (1964) the Supreme Court recognized the right of suspects to have counsel present during interrogation.
Escobedo v. Illinois
True or False: In Atwater v. City of Lago Vista (2001), the U.S. Supreme Court ruled that the Fourth Amendment forbids a warrantless arrest for a minor traffic offense such as a seat belt violation.
False
True or False: In Texas, a police officer can arrest you for speeding or an open container violation. (Texas Penal Code, Section 49.031 and Texas Transportation Code, Section 543.004)
False
True or False: In Texas, a police officer must obtain a warrant before arresting an individual who has confessed to a felony offense to the officer. (Article 38.22, Texas Code of Criminal Procedure)
False
True or False: In Texas, you have no right to a jury trial for a petty offense. (Article 1.12 and 45.026, Texas Code of Criminal Procedure)
False
True or False: Police must have "probable cause" before subjecting a suspicious person to a "stop- and-frisk."
False
True or False: Racial profiling is allowed in Texas.
False
True or False: State laws cannot provide higher levels of protection than allowed by federal law.
False
True or False: The Fourth Amendment applies to all premises and property, even premises and property that have been abandoned.
False
True or False: The Fourth Amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.
False
True or False: The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.
False
True or False: The U.S. Supreme Court has held that police may use whatever degree of force is necessary to apprehend a fleeing felon, even if the suspect is unarmed.
False
True or False: The U.S. Supreme Court has upheld drug checkpoints.
False
True or False: The same rules of evidence that apply to criminal trials apply to grand jury investigations.
False
In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court held that the ___________ govern(s) the admissibility of scientific evidence in the federal courts.
Federal Rules of Evidence
In Texas, an indictment is signed by the:
Foreman of the Grand Jury
The application of scientific principles to legal issues is referred to as ___________________ methods.
Forensic
For hundreds of years, English subjects (and, later, American colonists) were subjected to the abuse of the _______ _______, that is, a warrant authorizing searches of unspecified persons and places.
General Warrant
Which one of the following statements is incorrect?
Grand juries frequently reject requests for indictment by prosecuting attorneys.
If you are unable to hire an attorney, you are ________.
Indigent
The federal law that provides that after a witness testifies, the government, on request of the defense, must produce the portion of any statement or report that relates to the matter as to which the witness has testified is known as the ______ Act.
Jencks
List four pre-trial motions which the defense can file:
Motion to dismiss; Motion to determine the competency of the accused to stand trial; Motion to supress evidence obtained through unlawful search or seizure; Motion to suppress a pre-trial identification of the accused.
Release of an accused pending trial on the accused's written promise to appear at all required court proceedings is a mode of pretrial release known as the accused's ________ ____________.
Personal Recognizance
The singling out of an individual for prosecution based on that person's race or religion is known as _________ prosecution.
Selective
Which one of the following statements represents a correct view of the law?
The Supreme Court has held that a plea of guilty containing a protestation of innocence can be made by a defendant who intelligently concludes that it is in his or her best interest.
Which one of the following statements is incorrect?
The U.S. Supreme Court has ruled that a defendant in a criminal case has a right to bail under the Eighth Amendment to the Constitution.
_______ is the place of the trial, usually where the offense was committed.
Venue
The prosecution may be required to disclose the identity of ___________ if that person was an active participant in the offense for which the defendant is being prosecuted.
a confidential informant
Property that ownership has been relinquished is
abandoned.
Routine inspections to enforce building codes and regulations are known as
administrative searches.
The Supreme Court has held that a suspect has a right to counsel at a lineup conducted ____________.
after formal charges have been made against a defendant
Before accepting a defendant's plea of guilty or nolo contendere, the Federal Rules of Criminal Procedure (and most state rules) require a trial judge to ascertain _______________.
all of the above
Before ruling on a motion for a change of venue the trial judge would likely consider _____.
all of these
An arrest by a private individual is termed a _____________.
citizen's arrest
Use of force by the police in making arrests can be challenged in:
civil suits.
A police officer is vested with _______ to arrest, issue a ticket, or issue a warning.
discretion
The preliminary hearing in Texas is called a(n) (Article 16.01, Texas Code of Criminal Procedure)
examining trial.
The 8th Amendment states bail may not be _________.
excessive
The ____________ ____is justified by the need to deter police misconduct, but it exacts a high price to society in that "the criminal is to go free because the constable has blundered."
exclusionary rule
Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.
exculpatory
The surrender of a person accused of a crime by one state to another is known as _________.
extradition
The surrender of a person accused of a crime by one state to another is known as:
extradition
The _____ __ ___ _________ ____doctrine holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible.
fruit of the poisonous tree
The U.S. Supreme Court has recognized a limited ___-_____exception to the Fourth Amendment exclusionary rule.
good-faith
An indictment is a formal criminal charge handed down by a ________________.
grand jury
Prosecutors are immune from civil actions for malicious prosecution, this is called:
immunity.
In Texas, an arrest warrant must be executed within ___ days of its issuance. (Article 15.16, Texas Code of Criminal Procedure)
no limit
In Whren v. United States (1996) the Supreme Court ruled that _________________.
officers' motives in stopping an automobile are irrelevant if there is an objective basis for the stop
In Terry v. Ohio, the U.S. Supreme Court upheld the authority of a police officer to detain and conduct a(n) ____ of an individual.
pat down
A ___ ________is a device that allows the police to learn every number dialed from a specifically targeted telephone.
pen register
Which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?
plain view
For any arrest, police officers must have
probable cause
For a police officer to make an arrest he or she must have ___________.
probable cause to believe an individual has committed an offense
When evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the _______ __ _____________.
totality of circumstances
An indictment is also known as a(n) ________________.
true bill
At common law a grand jury consisted of ________ persons.
twenty-three
Federal grand juries are authorized by statute to grant _______ immunity to witnesses.
use
Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is _______________.
voluntary
The purpose of a "frisk" is to allow police to make a limited pat-down search for ___P____.
weapons
