Final Final Finals Criminal Procedure
in 2005, the U.S. Supreme Court held that a dog sniff conducted during a lawful traffic stop that reveals no information other than the location of an illegal substance that no individual has any rights to possess a. fourth amendment b. fifth amendment c. sixth amendment d eight amendment
Fourth Amendment
which of the following is not a reason Miranda warnings are not required for traffic stops: a.. there is n o custodial interrogation in a traffic stop b. detention of motorist pursuant to a traffic stop is presumptively temporary and brief c. a motorist does not feel free to leave in a typical traffic stop d. circumstances associated with the typical traffic stop are not such that the motorist feels completely at the mercy of the police
a motorist does not feel free to leave in a typical traffic stop
if a suspect in a lineup has not been formally charged with an offense (and therefore has no right to a lawyer), this means which of the following has not taken place? a. an indictment b. an information c. a preliminary hearing d. any of these
a preliminary hearing
abandonment implies giving up which of the following? a. possession b. ownership c. reasonable expectation of privacy d. all of the above
all of the above
which of the following enjoy full fourth amendment protection? a. arrest b. plain view c. open fields d. abandonment
arrest
In Florida v. Riley (1989), the Court said that aerial observation is valid a. as long as the police are flying at an altitude at which Federal Aviation Administration regulations allow members of the public to fly b. as long as the police are flying at an altitude above which Federal Aviation Administration regulations allow members of the public to fly c. as long as the police are flying at an altitude below which Federal Aviation Administration regulations allow members of the public to fly d. as long as the police are flying private aircraft
as long as the police are flying at an altitude at which Federal Aviation Administration regulations allow members of the public to fly
an officer has made a valid stop of an automobile. which of the following is not automatically authorized? a. asking for consent to search b. asking the driver to produce driver's license and registration c. locating and examine the VIN d. searching the vehicle for contraband
asking for consent to search
the process for brain fingerprinting involves a. assessing a suspects' responses to determine whether or not they exhibit criminal characteristics linked with the crime b. assessing a suspects responses while they are under hypnosis to determine whether or not they recall committing the crime c. assessing a suspects responses to stimuli associated with a crime or on alibi d. assessing a suspect's response to begin questioning about a crime
assessing a suspects responses to stimuli associated with a crime or an alibi
one way in which search warrants are different from arrest warrants is that search warrants: a. do not have to be based on probable cause b. can only be approved by judges of courts of record c. can expire d. can be based on stale information
can expire
in Delaware b. Prouse, the U.S. Supreme Court held that vehicle stops a. may not be made randomly or on less than a reasonable suspicion b. may not be based on reasonable suspicion ; probable cause is required c. must be supported by a warrant d. cannot be based solely on the race of the driver
cannot be based solely not he race of the driver
a warrantless search of a vehicle must be based on: a. reasonable suspicion b. probable cause c. clear and convincing evidence d. racial profiling
clear and convincing evidence
the minimum requirement for an officer to arrest the passengers of a car along with the driver is: a. probable cause b. a warrant c. reasonable suspicion d. clear and convincing evidence
clear and convincing evidence
which of the following have undiminished constitutional rights a. college students b. high school students c. elementary school students d. parolees
college students
which of the following is not generally considered a part of curtilage? a. barns b. garages c. common areas of apartments buildings d. fenced areas
common areas of apartment buildings
which of the following is not a recognized exception to the search warrant requirement? a. exigent circumstances b. administrative search c. search incident to lawful arrest d. crime scene
crime scene
The area to which extends the intimate activity associated with the "sanctity of a man's home, and the privacies of life" is known as a. open fields b. opens spaces c. curtilage d. common area
curtilage
open fields begin where ? ends a. abandonment b. curtilage c. plain view doctrine d. none of these
curtilage
police use of Cleary visible cameras in public places to monitor traffic and other possible criminal activity a. is lawful only if a warrant is obtained b. does not violate the Fourth Amendment c. violates the Fourth amendment d. requires probable cause to believe the area monitored is the location of frequent crimes
does not violate the Fourth Amendment
which of the following is not a constitutionally valid type of roadblock? a. general law enforcement b. drunk driving c. illegal aliens d. driver's license check
driver's license check
under the fourth amendment which of the following is not a valid purpose for setting up a roadblock? a. immigration law enforcement b. detecting drunk drivers c. checking for drivers licenses, registration, etc d. drug detection
drug detection
the totality of the circumstances test is used to determine if a pretrial identification procedure has violated which right? a. the right to an attorney b. the privilege against self incrimination c. the fourth amendment due process
due process
for trial court judges, the importance of Miranda lies in the shift from the old voluntariness test to a new and clear standard that is a. harder to apply b. difficult to apply c. easier to apply d. easier to understand
easier to understand
which of the following is not a special needs search? a. pubic school students b. probationers and parolees c. airport security d. exigent circumstances
exigent circumstances
if the circumstances are conducive to a suspect making a statement, but no questions are asked, the court will deem this to be a. substantive analog b. functional equivalent c. procedural equal d. equivalent form
functional equivalent
Miranda has drawn a "bright line" rule for the admissibility of confession by making them automatically inadmissible unless, prior to questioning, the suspect a. satisfies the voluntariness rule b. has an attorney present c. has waived the attorney-client -privilege d. has been given certain warning and waives his or her rights
has been given certain warnings and waivers his or her rights
in California v. Carney (1985), the U.S. Supreme Court held that if police want to search a motor home that is capable of being driven away, police must: a. have a search warrant because the vehicle is equivalent to a home b. have a reasonable suspicion because the automobile (exception) exception applies c. stop if at a checkpoint or roadblock d. have probable cause, but are not required to have a warrant
have probable cause, but are not required to have a warrant
an exception to the usual rule requiring individualized suspicion before stopping a vehicle is for certain types of: a. checkpoint b. motor homes c. hight speed pursuits d. high performance motor vehicles
high performance motor vehicles
the U.S. Supreme Court ruled in United States v. Dunn that determining whether an area is considered a part of the curtilage and therefore covered by the Fourth Amendment protections rest on four factors. which of the following is not one of those factors? a. illegal activity in the area b. the proximity of the area to the home c. the nature and uses of the area d. the steps taken to conceal the area from public view
illegal activity in the area
in Indianapolis v. Edmond (2000), the U.S. Supreme Court invalidated a law enforcement checkpoint program aimed at: a. illegal aliens b. drunk drivers c. ilegal border intrusions d. drugs
illegal border intrusions
the due process requirement of fairness is violated if identification procedure has violated which right? a. conducted in private b. carried out more than 72 hrs after the crime c. impermissibly suggestive d. conducted without the suspect's attorney
impermissibly suggestive
the Fourth Amendment protection against unreasonable searches and seizures does not apply: in vehicles b. in immigration and border searches c. in public d. in homes
in public
In Kyllo v. United States (2001), the Court held that using a technological device to explore the details of a home that would previously have been unknowable without physical intrusion a. is a search and is presumptively unreasonable without reasonable suspicion b. is a search and is presumptively unreasonable without a probable cause c. is a search and is presumptively unreasonable without a warrant d. is a search and is presumptively unreasonable without exigent circumstances
is a search and is presumptively unreasonable without a warrant
an officer makes a valid traffic stop an issues a valid ticket (citation) the officer has no intention of making an arrest or taking the person into custody. without consent or probable cause the officer searches the vehicle. under the Fourth Amendment this search a. is a lawful version of a search incident to a lawful arrest b. is invalid because vehicle searches require warrants c. is invalid because there is not probable cause or consent d. is valid because there is a risk to officer safety
is invalid because there is not probable cause or consent
the term contraband generally means a. items which are illegal for anyone to possess b. fruits of crime c. instruments of crime d. evidence
items which are illegal for anyone to possess
which of the following would indicate abandonment of an item? a. setting a package on the front porch to be picked up by the post office b. hanging clothing on the line to dry c. denying ownership of a wallet confiscated by police d. leaving jewelry in a hotel room
leaving jewelry in a hotel room
Foreigners seeking entry for the first time into the United States have a. no Fourth Amendment rights at the border b. limited Fourth Amendment rights at the border c. Fourth Amendment rights at the border d. extra Fourth Amendment rights at the border
limited Fourth Amendment rights at the border
an officer makes a valid stop of an automobile and wants to ask the driver questions about his travel plans and what is in the vehicle. these questions: a. must be preceded by Miranda warnings b. may be asked routinely as part of the stop c. may be asked only if the officer has a reasonable suspicion of wrongdoing d. may be asked only if the officer has probable cause to believe there is criminal activity
may be asked only if the officer ahas a reasonable suspicion of wrongdoing
under the fourth Amendment, consent to search: a. must be knowing to be valid b. must be preceded by Miranda warnings c. can be revoked d. can be implied from silence when asked
must be knowing to be valid
items that are abandoned and those that are in plain view are similar in that a. neither can be seized without reasonable suspicion b. neither is protected by the Fourth Amendment c. neither can be searched without a warrant d. neither can be seized without a warrant
neither is protected by the Fourth Amendment
which of the following procedures would violate a suspect privilege agains self incrimination a. being forced into giving voice exemplars or samples b. being required to submit to photographing c. nonconsensual drawing of blood, alive, or other types of physycal evidence
nonconsensual drawing of blood, saliva, or other types of physical evidence
airport searches require which of the following: a. mere suspicion b. reasonable suspicion c. probable cause d. none of these
none of these
the exception for exigent circumstances applies to when there is some kind of emergency® situation t hat makes ?? dangerous , useless, or unnecessary a. a warrantless search b. obtaining a search warrant c. having probable cause d. obtaining a consent in writing
obtaining a search warrant
which of the following is a Fourth Amendment for a plain view search and seizure? a. inadvertence b. reasonable suspicion to seize c. officer is lawfully in the location d. probable cause to search
officer is lawfully in the location
which of the following is not true of the open field doctrine? a. the seizable item may not be located in a house b. the seizable item may not be located within a curtilage c. only items in a n open space may be seized d. only items in open view may be seized
only items in open view may be seized
if there has been a lawful impoundment of a vehicle, police may conduct an inventory search: a. automatically, if there is not bad faith on the part of the police and to do so is authorized by department policy b. only on reasonable suspicion c. only on probable cause, but no warrant is required d. only on probable cause supported by a warrant
only on reasonable suspicion
Which doctrine states items that are within the sight of an officer who is legally in the place from which the view is made may properly be seized without a warrant---as long as such items are immediately recognizable as subject to seizure? a. open fields b. abandonment c. plain view d. curtilage
plain view
the ? doctrine states that items that are within the sight of an office who is lawful in the place from which the view is made may properly be seized without a warrant as long as such items are immediately recognized as being subject to seizure a. abandonment b. open fields c. inadvertence d. plain view
plain view
which of the following situations is covered by the Fifth Amendment a. plain view b. open fields c. abandoned property d. all of these
plain view, open fields. abandoned property, all of these
which of the following procedures is not admissible in court? a. DNA test results polygraph test results hair sample tes results breathalyzer test results
polygraph test results
what are the two basic factors in determining whether property is abandoned or not? a. proximity and use b. possession and expectation of privacy c. possession and proximity d. location and intent
proximity and use
generally police officers may do which of the following after a valid stop of a vehicle? a. order the driver and passenger out off the car b. ask to see thee driver's license c. question the vehicle's occupants d. all of these
question the vehicle's occupants
Miranda warnings must be give to any suspect in police custody who is a. subjected to a showup b. placed in a lineup c. pictured in photographic display shown to a witness d. questioned by the police
questioned by the police
the U.S. Supreme Court has held that the only requirement public high School officials need for a valid search of student is a. a warrant b. probable cause c. reasonable grounds d. none of these
reasonable grounds
If an officer touches something that is immediately identifiable as seizable, the object can be seized as long as such knowledge amounts to a. suspiciousness b. reasonable suspicion c. probable cause d. all of the above
reasonable suspicion
the minimum requirement for a vehicle stop, with regard to a particular vehicle or drives is: a. probable cause b. a warrant c. reasonable suspicion d. clear and convincing evidence
reasonable suspicion
during a valid traffic stops, officer must always: a. inform the person that they are free to go before attempting to get consent to search the vehicle b. get a written consent to search, as oral consents are not valid c. inform the person of their Fourth Amendment right before getting a consent to search d. reasonably limit the duration of the stop
reasonably limit the duration of the stop
an officer may enter a dwerlling without a warrant in response to a. a hunch a crime has been committed b. screams for help c.. a reasonable suspicion that drugs are on the premises d. a belief that a wanted felon is inside
screams for help
a vehicle stop is a FourthAmendment: a. seizure of persons an property b. search of property c. search of a person d. seizure equivalent to an arrest
search of property
an identification procedure that involves only the suspect and the victim is called a/an a. showup b. lineup c. photographic display d. arraignment
showup
which ofd the following identification procedures is generally the most likely to be suggestive: a. lineup b. showup c. phot display d. DNA testing
showup
three things that need to be there to do a lineup
simultaneous, double blind, person who commits the crime might or might not be in the lineup
inventory searches of vehicles are valid but must follow: a. state rules b. count rules d. departmental rules d. city rules
state rules
lower courts have generally found the the fourth amendment does not prohibit: a. random stop of vehicles to check for drunk driving b. stopping a vehicle solely on the race or ethnicity of the driver c. random stops of vehicles to check for drugs d. roadblocks to check for driver's licenses and vehicle registration
stopping a vehicle solely on the race or ethnicity of the driver
which of the following is typical police lineups? a. suspects are viewed through one way glass mirror b. only four suspects are in the lineup c. the lineup is held at the scene of the crime d. police wait until the suspect is indicted before holding the lineup
suspects are viewed through one way glass mirror
a search warrant is issued.by a magistrate on the basis of a ? signed and prepared by a police officer a. sworn affidavit b. statement of reasonable suspicion c. writ d. complaint
sworn affidavit
the privileges agains self incrimination does not apply to identification procedures, because that privilege applies only to ? evidence a. testimonial or communicative b. real or physical c. identification d. circumstantial
testimonial or communicative
which of the following is not one of the three factors the court adopted in Sitz as a balancing test to determine the constitutionality of police actions in cases involving sobriety checkpoints? a. the gravity of the public concerns served by the seizure b. the amount of alcohol in the persons' bloodstream c. the degree to which the seizure advances the public interest d. the severity of the interference with individual liberty
the amount of alcohol in the persons' bloodstream
under the exception for a search incident to a lawful arrest, officers may search: a. the area in which the suspect could Rea h to obtain a weapon or destroy evidence b. the entire building in which the arrest is made c. any person in the area of the arrest d. the area and any person in the area in which the suspect could reach to obtain a weapon or destroy evidence
the area in which the suspect could reach to obtain a weapon or evidence
which of the following may be searched after a valid arrest? a. the bid if the arrested person b. the area of the arrested person's immediate control c. both and b d. none of the above
the body of the arrested person, and the area of the arrested person's immediate control
yards, garages, fenced areas, barns, and outbuildings are usually deemed to be part of a. open fields b. open curtilage c. closed fields d. the curtilage
the curtilage
in searches and seizures without a warrant, who has the burden of proof regarding probable cause a. the police b. the defendant c. the court d. the defense attorney
the police
in general, searches and seizures of computers have ? legal requirements as any other type of seizures a. more b. less c. the same d. more and less
the same
which of the following rights at identification procedures is depended upon whether or not the suspect has been formally charged or subjected to adversary judicial proceedings? a. due process rights b. the privilege agains self incrimination c. the sixth amendment fight to an attorney the fourth amendment protection agains unreasonable search
the sixth amendment right to an attorney
which of the following rights is dependent upon whether formal charges have been filed or a criminal prosecution has begun a. the fourth amendment protection agains unreasonable search and seizure b. the fifth amendment privilege against self incrimination c. the sixth amendment right to an attorney d. the Miranda right to an attorney
the sixth amendment right to an attorney
under the Edward rule, even if a suspect has invoked their right to an attorney under Miranda, the police may reinterrogate the suspect if a. the suspect's attorney consents b. the police obtain permission from the prosecutor c. more than 48 hrs has passed since invocation of the night to an attorney d. the suspect initiates contact with he police
the suspect initiates contact with the police
which of the following is required for a Miranda waiver to be valid? a. the waiver must be in writing b. the waiver must be express c. the waiver must be made in the presence of an attorney d, the waiver nest be nest be made of the suspect's free will
the waiver must be must be made of the suspect's own free will
for shows the national institute of justice recommends that a. the suspect be transpired to the witness's location b. the suspect and witness both be transported to a neutral location c. the witness be transported to the suspects location d. shows not be held if either victim or suspect has to be transported
the witness be transported to the suspects location
a suspect is not entitle to Miranda warnings before being put into a. lineup because lineups never involve custody of a suspect b there is no interrogation or testimonial evidence from the suspect c. lineups are not a critical stage d. the privilege agains self incrimination only applies to court proceedings
there is no interrogation or testimonial evidence from the suspect
a stop by a police officer for no reason or without any justification is a. not a stop b. unusual c. legal d. illegal
unusual
before Miranda, the sole test for the admissibility a confession was a. consent b. waiver c. voluntariness d. intelligence
voluntariness
warrantess searches with consent are valid, but the consent must be which of the following: a. intelligent b. voluntary c. knowing d. coerced
voluntary
police may still use the evidence obtained from an unwarned but a. ignorant statement b.. Intelligent statement c. volunteered statement d. involuntary statement
volunteered statement
the general rule is that searchers and seizures can be made: a. without a warrant b. without probable cause c. only with a warrant d. without a warrant as long as there is probable cause
without a warrant as long as there is probable cause
police have probable cause to believe the a container holds contraband. they see the container being placed in a vehicle. they have no probable cause as to the vehicle itself. to validly search there car for the container and seize the container, the police: a. must obtain a warrant to search the car b. most obtain a warrant for the container c. must wait until they have probable cause that the vehicle itself also contains contraband d. need to further justification
. need to further justification
which of the following warnings to suspect is not required by the Miranda Decision: a. a warning that they have the right to terminate the interview at any time b. a warning that they have the right to remain silent c. a warning that anything they say may be used against them d. a warning that they have the right to have an attorney present
a warning that they nave the right terminate the interview at any time
an undercover law enforcement officer poses as a fellow inmate of a suspect and asks incriminating questions. the suspect makes an incriminating statement. no warnings are die. this statement is a. inadmissible because the suspect is in custody and undergoing interrogation by a police officer b. inadmissible because deception was used c. inadmissible if used to impeach the defendant's testimony at trial d. admissible because Miranda only applies to interrogation in a coercive, police dominated atmosphere
admissible because Miranda only applies to interrogation in a coercive, police dominated atmosphere
in which of the following ways are the Miranda warnings different from the right to counsel? a. comes under the fifth amendment f=right against self incrimination b. apply only during custodial interrogation c. given by the police d. all of the above
all of the above
three basic requirements of the plain view doctrine must be met for the evidence to be seized legally by the police. which of the following is one of those requirements? the officer must have gained awareness of the item solely by sighting it c. it must be apparent that the item is seizable d. all of the above
all of the above
if property is ? anyplace search or seizure of the property is not covered by the Fourth Amendment a. left in plain view by the owner b. left in an open field by the owner c. abandoned by the owner d. all of these
all of these
which of the following would not be a situation where plain view would apply? a. an officer is executing an arrest or search warrant b. an officer has secretly entered the suspect's home c. an officer is in a public place d. an officer has consent to enter a residence
an officer is executing an arrest or search warrant
a police officer who wanted to obtain a warrant immediately to search a location, on the expectations that contraband will arrive there later, would seek a/an ? search warrant a. prospective b. anticipatory c. future d. contingent
anticipatory
What is the minimum level of proof border patrol agents must have to detain and question the occupants of a car a. suspicion b. reasonable suspicion c. probable cause d. any of the above
any of the above
if an officer encourages a private citizen to search his neighbors house for a stolen television, the Fourth Amendment: a. does n to apply b. applies only if evidence of crime is found c. applies d. does not apply if there was probable cause
applies
unlike the sixth amendment right to counsel at interrogation, the Miranda right a. applies only if the suspect is in custody b. does not apply if the suspect has not been indicted c. applies only if a lawyer has been appointed d. is offense specific
applies only if the suspect is in custody
claims of unreasonable search and seizure in pretrial identification procedures a. are generally unsuccessful b. are generally successful c. are unfair d. are fair
are generally unsuccsessful
there is no search within the meaning of the Fourth if police use drug detection dogs as long as the police a. have a warrant b. have a reasonable suspicion c. have properly trained the dog d. are legally at the location
are legally at the location
searches and seizures by private citizens acting solely on their own a. require at least a reasonable suspicion b. require at least probable cause c. are covered by the fifth amendment d. are not covered by the Fourth amendment
are not covered by the Fourth Amendment
search warrants to search property belonging to persons not themselves suspected of crime: a. are not permitted b. are permitted if there is clear and convincing evidence c. are permissible d. are permissible only if there is consent from the suspect
are permissible
a person does not retain a reasonable expectation of privacy in trash once it a. leaves their immediate possession b. is place in plain view c. is placed in a public area d. both b and c
both b and c
in which of the following situations are Miranda warnings are not needed? a. custody without interrogation b. custodial interrogation c. interrogation without custody d. both a and c
both b and c
in which ways do search warrants and arrest warrants treat probable cause a. both require probable cause b. the definition of probable cause is the same for both c. for both, probable cause is determined by the judicial officer d. all of these
both require probable cause. the definition of probable cause is the same for both. for both, probable cause is determined by the judicial officer all of these answers apply.
for miranda purposes custody usually means that a person is under arrest or a. deprived of freedom in a significant way b. subject to a stop and frisk c. subject to a traffic stop and issuance of a ticket d. being questioned by a police officer
deprived of freedom in a significant way
which of the following identification procedures us generally the most likely to be suggestive: a, due process b, fourth amendment protection against unreasonable searches c. privilege agains self incrimination d. sixth amendment right to an attorney
due process
which of the following rights applies to all identifications procedure ? a. due process b. fourth amendment protection agains unreasonable searches c. privilege agains self incrimination d. the privilege agains self incrimination only applies to court proceedings
due process
which of the following are included in curtilage? a. driveways b. fenced residential yards c. closed garbage cans on the street d. none of these
fenced residential yards
one of the reasons the U.S Supreme Court felt it was necessary to impose Miranda warnings on the police was the court's concern the certain types of police custodial interrogation tactics jeopardized the a. fifth amendment ban on double jeopardy b. fifth amendment privilege agains self incrimination c. sixth amendment right to an attorney d. constitutional right to due process
fifth amendment privilege against self incrimination
although often associated with a suspect's right to counsel, Miranda v. Arizona is in fact based on the a. fourteenth amendment right to due process b. fifth amendment right to protection agains self-incrimination c. sixth amendment right to counsel d. sixth amendment right to bail
fifth amendment right to protection agains self-incrimination
In police work, there are many situations in which the plain view doctrine applies and the items seen may be seized without a warrant. Which of the following is one of those situations? a. in hot pursuit of a fleeing suspect b. making a search incident to a valid arrest c. out on patrol d. all of the above
in hot pursuit of a fleeing suspect
Miranda warnings must be given any suspect who is a. asked to repeat certain words said to the victim while in a lineup b. in custody and questioned by anyone including private citizens, about criminal activity c. represented by an attorney d. in police custody and interrogated by the police
in police custody and interrogated by the police
failure to provide a lawyer at a lineup after a formal charge has been filed against the suspect makes the evidence a. inadmissible b. illegal c. acceptable d. none of the above
inadmissible
which of the following is not an exception to the warrant requirement a. murder scene b. search incident to a lawful arrest c. exigent circumstances d. consent
murder scene
an officer has validly stopped a motorist and want to ask the motorist for consent to search. this request for consent: a. must be based on a reasonable suspicion that there is contraband in the vehicle b. must be based on probable cause to believe the there is contraband in the vehicle c. may be made only if the suspect is arrested d. can be made automatically and a t any time during the stop
must be based on a reasonable suspicion that there is contraband in the vehicle
under the doctrine, open areas outside the curtilage are not protected by the Fourth Amendment a. plain view b. open fields c. plain view d. non-curtilage
open view
under the Fourth Amendment, which of the following is not an automatically authorized police action following a valid traffic stop? a. ordering the driver to exit the vehicle b. ordering the passengers to exit the vehicle c. requesting a driver's license and other documents required by state law d. frisking the driver and passengers
ordering the driver to exit the vehicle
which of the following is least likely to be considered a factor in determining whether an area is part of the open field or curtilage? a. the deed description of the area b. proximity to the home c. nature and uses of the area d. enclosures and fences
the deed description of the area
the police may search a container located in a car without a search warrant even though they lack probable cause to search the car a s a whole and only have probable cause to believe that: a. the container itself contains contraband or evidence b. the car itself contains contraband or evidence c. the trunk itself contains contraband or evidence d. the driver contains contraband or evidence
the driver contains contraband or evidence
which of the is not one of the factors from United States v. Dunn (1987) that determines if an area is considered part of the curtilage a. the proximity of the area to the home b. whether the area is in an enclosure surrounding the home c. the existence of a fence in the yard d. the steps taken to conceal the area from public view
the existence of a fence in the yard
miranda v. Arizona is based on protections guaranteed by which of the following amendments? a. the fifth amendment b. the sixth amendment c. the seventh amendment d. the eight amendment
the fifth amendment
miranda does not apply to statements or confession made to private citizens acting on their own because a. the exclusionary rule does not apply b. there is deemed to be an automatic waiver c. the fifth amendment limits only government action d. private citizens have sovereign immunity
the fifth amendment limits only governments action limits only government action
a suspect is not entitle to Miranda warnings before being put into a lineup because a. lineups never involve custody of a suspect b. there is no interrogation or testimonial evidence from the suspect lineups are not a critical stage d. the privilege agains self incrimination only applies to court proceedings
there is no interrogation or testimonial evidence from the suspect
trustworthy statements taken in violation of Miranda may be used a. in habeas corpus proceedings b. to impeach the credibility of a defendant who testifies c. to prove guilt in post conviction relief proceedings
to impeach the credibility of a defendant who testifies
the role of the suspects attorney at a lineup is to a. control the lineup b. try to ensure the lineup is fair c. participate in the lineup d. protect the rights of everyone appearing at the lineup
try to ensure the lineup is fair
which of the following is not a factor in evaluating an identification procedure under due process: a. witness's opportunity to view the suspect b. witnesses degree of attention at time of crime c. witnesses prior identification of suspect as perpetrator d. witnesses degree of certainty
witnesses degree of certainty