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