Chapter 7 const law
This decision established the modern framework for evaluating when compelling a suspect to undergo a bodily intrusive search is constitutionally reasonable:
Schmerber v. California
The Fifth Amendment privilege against self-incrimination does not protect against disclosure of information that is not directly incriminating, even though it could lead to the discover of information that is.
False
The Fifth Amendment prohibits the government from using voluntarily prepared, handwritten documents as evidence against the accused in a criminal prosecution.
False
The following group of amendments governs compulsory self-incrimination:
Fourth and Fifth
The following are types of appearance evidence except for:
X-rays
A person may be compelled to answer questions about his criminal activity, without violating the Fifth Amendment, when:
all of the above
A search warrant should be obtained before performing searches that:
all of the above
A adverse interference may not be drawn against a person who invokes the Fifth Amendment:
at the person's criminal trial
Citizens may ignore self-reporting statutes that do the following:
both a & b
A search warrant is required to compel a criminal defendant to undergo a procedure that:
could be dangerous to his health
All of the following are necessary to establish a violation of the Fifth Amendment privilege against self-incrimination except:
elicited during a judicial proceedings
The most common way in which claims of Fifth Amendment privilege are overridden is through:
immunity
The Fifth Amendment privilege against self-incrimination is violated by:
instructing jurors that they may infer guilt from a criminal defendant's failure to take the witness stand and deny the charges
Criminal defendants enjoy the "right to remain silent":
only during police custodial interrogations at criminal trials and sentencing proceedings
The following is used to compel testimony
subpoena
Courts have applied the exigent circumstances exception to all the following except:
taking a semen sample for rape
Three of the following factors must be considered in deciding whether compelling a suspect to undergo a bodily intrusive search is reasonable. Which factor is not relevant?
the seriousness of the crime
Legislatures may authorize police departments to take DNA samples from all persons arrested for serious crimes as a routine part of their booking procedures.
True
Miranda warnings are not required for field sobriety tests.
True
The Fifth Amendment privilege against self-incrimination may be asserted in any proceedings, civil or criminal, administrative or judicial, investigatory or adjudicatory.
True
