evidence and procedure final exam
A warrant is issued based on ____________. A. probable cause B. reasonable suspicion C. the totality of the circumstance D. the need to control crime
A
All of the following individuals can issue warrants except ______. A. prosecutor B. judge C. magistrate D. judicial official
A
Although not backed by U.S. Supreme Court rule and not to be considered a bright line rule, the Model Penal Code of Pre-Arraignment Procedure places a ______ time for a stop-and-frisk. A. 20-min B. 45-min C. 30-min
A
At what point during a police encounter is Miranda triggered? A. When the individual is under police control and is questioned in an isolated and unfamiliar environment. B. When the individual is questioned as a person of interest or person with knowledge of a crime C. During any investigative questioning in the field D. When engaged in general questioning of an individual present at the crime scene
A
Potential problems and challenges of confessions for the criminal justice system include: A. Police officers may use coercive psychological or physical methods to extract confessions. B. The danger of a false confession resulting in a true confession is virtually nonexistent. C. Wealthy and educated persons are more likely to talk to the police, thus benefitting from lesser charges of lighter sentences agreed to during plea bargaining. D. It speeds up the adversarial process of the criminal justice system, expediting convictions.
A
The key element that differentiates a Terry stop from an arrest is ______. A. the duration of the stop B. who can (and cannot) be stopped C. the number of officers present D. whether handcuffs are employed
A
The warrant requirement is found in the ________ Amendment. A. Fourth B. Fifth C. Sixth D. Fourteenth
A
(Without any other assumptions) if Tom is arrested in his home pursuant to an arrest, what is the permissible scope of a search that can be conducted by the police officers once the arrest warrant is executed? A. The search area is limited to Tom's person. B. The search area includes Tom's person and the area of Tom's immediate control. C. The search area extends to Tom's person and to all areas of the home where Tom had access or exercised dominion and control.
B
In the United States v. Jones, the U.S. Supreme Court determined that ______. A. an individual may not be stopped based on the fact that he or she "does not belong in a neighborhood" B. race should not be the only reason for an individual to be stopped C. race, ethnicity, or some other description may be considered as one of several factors in a profile D. race may be considered as a factor in determining whether there is reasonable suspicion
B
It is the responsibility of the __________ to inform defendants of the charges against them and their rights of silence and council. A. prosecutor B. defense attorney C. judge D. jury
B
The Fifth Amendment protection against self-incrimination encompasses all of the following, except: A. Trial testimony B. Participation in a lineup C. Oral confessions D Personal documents
B
The U.S. Supreme Court has determined that, in certain circumstances, it is reasonable to conduct a search without reasonable suspicion. An example of this type of search is: A. Non-routine border searches B. Airport passengers C. Physical searches of students' purses at school D. Non-routine border searches & airport passengers
B
The U.S. Supreme Court has held that while states are not required to use juries of 12 members, any jury must have at least _____ members. A. 4 B. 6 C. 9 D. 10
B
The ability granted to police officers, prosecutors, judges, and juries to make independent decisions regarding the social interest in keeping a person in the criminal justice process is known as ________________. A. coin flip B. discretion C. odds & evens D. roll of the dice
B
The remedy for a violation of the right to a speedy trial is which of the following? A. Reversal of the conviction Correct! Dismissal of the charges Restitution An automatic appeal process
B
What is a hearsay report? A. A report on what officers learn through eavesdropping and wiretapping B. Information that is obtained in a secondhand fashion as opposed to through direct observation C. A report containing the suspect's statement prepared and filed by a police officer D. information that is obtained through an informant only
B
What level of proof is required for law enforcement officers to make an arrest? A. Beyond a reasonable doubt B. Probable cause C. Reasonable suspicion D. Preponderance of the evidence
B
What question does a court typically ask when determining if a person is under arrest? A. Whether the police officer announced that the person was under arrest B. Whether a reasonable person would feel free to leave C. Whether the person felt free to leave D. Whether the police encounter took place in pubic or in private
B
Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire? A. Age B. Race C. Religion D. Sex
B
Which of the following courts sits at the top of the hierarchy? A. Ninth Circuit Court B. The Supreme Court C. Court of Appeals D. The First Circuit Court
B
Which of the following statement is correct regarding probable cause? A. Probable cause can be based solely on an officer's intuition. B. Probable cause is based solely on facts. C. Probable cause can be based solely on an officer's hunch. D. All of the answers are correct.
B
A criminal trial not held before a jury is known as a/an _________> A. Petty trial B. Statutory trial C. Bench trial D. Unconstitutional trial
C
A warrant must specify with "particularity" the _________. A. Race, ethnicity, and gender of the person to be arrested B. Birth date of the person being arrested C. Name of the person being arrested D. Name of the arresting officer
C
A(n) _____________ under the Fourth Amendment occurs when an individual is lawfully taken into custody. A. detention B. investigative stop C. arrest D. interrogation
C
As a general rule, state constitutions ______. A. create a new nation within the state that removes them from any possible jurisdiction in the United States. B. mirror the U.S. constitution almost verbatim. C. mirror the U.S. constitution and GRANT additional rights. D. mirror the U.S. constitution and REMOVE rights.
C
Discovery is used primarily to ensure that the defense is aware of all _____. A. interesting evidence B. available evidence C. exculpatory evidence D. relevant evidence
C
Hillary was read her Miranda rights and was in the process of being questioned by the police at police headquarters about a bank robbery. During the questioning, Hillary decides that it may be in her best interest to get a lawyer. Which of the following statements by Hillary would require the police to stop their questioning of Hillary until she has had time to speak to a lawyer? A. "I think that I need an attorney." B. "Do I need an attorney?" C. "I want an attorney." D. "Maybe I should talk to a lawyer."
C
How far can a suspect be involuntarily moved during a Terry stop before it becomes an arrest? A. less than 1 mile B. less than 250 ft. C. only a few feet
C
If a grand jury agrees that there is sufficient evidence to charge a suspect, they return a _____. A. criminal charge B. positive indictment C. true bill D. verified account
C
If an individual grants consent to search his or her home then later withdraws it, the officers ______. A. may finish searching their immediate area. B. must stop immediately and return any seized items. C. must stop immediately D. may disregard the withdrawal of Consent
C
In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial: A. To impeach the defendant if the defendant takes the witness stand B. To refresh a witness's recollection of the events when the witness is on the witness stand C. Under no circumstances D. To support the testimony of the arresting officer
C
In which plea does the defendant refuse to contest the charges? A. Not guilty B. Not guilty by reason of insanity C. Nolo contendere D. Guilty
C
Confessions are important to the criminal justice process because: A. They help police solve crimes where there is an absence of scientific evidence and witnesses. B. Acknowledging guilt is the first step toward rehabilitation C. Confessions facilitate both criminal convictions and exoneration of the innocent D. all listed answer choices are correct
D
Direct observation is one way a police officer can establish probable cause to arrest an individual. Other ways a police officer can establish probable cause for an arrest include: A. Hearing an incriminating remark made by the suspect B. Smelling marijuana C. Frisking an individual D. All of the answer are correct.
D
If a suspect invokes his Miranda right to counsel, which of the following statements is true? A. The police can continue to question the suspect prior to the suspect's conferring with counsel if the questioning pertains to a crime other than the crime the suspect was questioned about committing. B. The police can resume questioning of the suspect prior to the suspect's conferring with counsel provided that a sufficient period of time has passed between the invocation of Miranda and resumed questioning. C. The police can question the suspect further once the suspect has invoked his Miranda right to counsel but failed to obtain counsel within a reasonable period of time. D. The police can resume questioning the suspect if the suspect comes forward and initiates the contact with the police.
D
In Chimel v. California, the Court stated three purposes for allowing a police officer to search a person who has been arrested. The reasons stated by the Court include: A. To seize weapons that may harm the officer, could be used to resist arrest, or used to flee. B. To prevent the destruction or concealment of evidence. C. To exert control over the suspect and limit his or her right to privacy. D. All listed answer choices are correct.
D
The Equal Protection Clause of the Fourteenth Amendment has been interpreted to prohibit the exclusion of individuals from jury service for all but which of the following reasons? A. Ethnicity B. Religion C. Gender D. Age
D
The Miranda warning is intended to protect individuals from what the Court called the "inherently coercive" pressures of police interrogation. Which of the following describes an "inherently coercive" pressure that was of concern to the Court? A. Individuals in detention are isolated from family, friends, and lawyers in unfamiliar surroundings. B. Police manuals instruct officers how to minimize the seriousness of the offense during interrogation. C. Police use of "false lineups" and fictitious witnesses against persons under investigation. D. all listed answer choices are correct
D
The U.S. Supreme Court has repeatedly stated that probable cause is a matter of "______." A. certainties B. hard evidence C. intuition D. probabilities
D
The purpose of a preliminary hearing is to _____. A. inform the defendant of the charges B. formally indict the suspect C. determine if the defense is ready to proceed to trial D. determine if there is sufficient evidence to charge the suspect
D
When facts reasonably suggest that an individual has committed a crime or is about to commit a crime is it referred to as ______. A. officer experience B. probability C. totality of the circumstances D. articulable suspicion
D
Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect? A. The grand jury B. The lead police investigator C. The judge D. The prosecution
D
Which of the following is not a criticism put forth of the grand jury system? A. The grand jury works closely with the prosecutor. B. Laypersons lack the expertise to determine the existence of probable cause. C. The defendant has no ability to challenge the facts presented by the prosecutor. D. All of the above
D
Which of the following represent the Court's opinion as to when exigent circumstances justify making an arrest without a warrant? A. When the exigencies of the situation make the needs of law enforcement so compelling that that the warrantless search is objectively reasonable under the Fourth Amendment B. When a delay in the course of the investigation would gravely endanger their lives or the lives of others C. When speed is an essential element of police actions and acting without a warrant is imperative D. All of the answers are correct.
D
Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car? A. a search of the pockets of a jacked in the trunk. B. a search of a locked box sitting on the front passenger seat. C. a search of an unlocked toolbox in the trunk. D. a search of a gym bag sitting on the back seat.
D
A stop may be based solely on race, ethnicity, or religion. T/F
F
If a potential juror happens to work with the sister of the defendant, the prosecutor will likely remove the juror using a peremptory challenge. T/F
F
If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a "search incident to citation" just as a search incident to arrest. T/F
F
In a criminal trial, just as the prosecution must establish guilt, the defense is required to establish innocence. T/F
F
In a criminal trial, just as the prosecution must establish guilt, the defense is required to establish innocence. T/F
F
In order for a consent search to be considered voluntary, the police officer must prove that he or she advised the individual of his or her right to refuse consent and that they are free to leave. T/F
F
Miranda warnings are required only for felonies. T/F
F
Reasonable suspicion may not be based on an informants' tip. T/F
F
The police may not employ reasonable force to seize a suspect. T/F
F
The police must clearly announce that a person is under arrest before he or she is considered in custody under Miranda. T/F
F
The search incident to arrest exception to the warrant requirement applies only to felonies, not to misdemeanors. T/F
F
Tom is placed under arrest and is taken to the county jail to be booked. At booking, the officer searches Tom and finds narcotics in Tom's jacket pocket. Tom is then arrested for possession of narcotics. Tom challenges the validity of his search, which the police justify as a search incident to an arrest. Tom's challenge will be successful. T/F
F
A suspect can waive his Miranda right to silence after he or she invoked it by initiating a conversation with the police. T/F
T
Exigent circumstances recognized by the Court include hot pursuit and public safety concerns. T/F
T
Federal juries are required to both consist of 12 members and to bring back 100% unanimous verdicts in order to constitutionally reach a verdict. T/F
T
Federal juries are required to both consist of 12 members and to bring back 100% unanimous verdicts in order to constitutionally reach a verdict. T/F
T
If a suspect flees from the police, officers can consider that act when determining whether reasonable suspicion exists to perform a Terry stop. T/F
T
In order to successfully file for a change of venue, the defense must show not only that the jury has been tainted but that this taint would prevent jurors from rendering a fair and impartial verdict. T/F
T
Miranda applies only to custodial interrogations. T/F
T
Most arrests take place without a warrant. T/F
T
Ocne consent to search is granted, the individual may subsequently withdraw consent or limit the scope of the consent. T/F
T
Probable cause may be based on either direct observations or hearsay. T/F
T
Reasonable suspicion is based on probabilities rather than certainties. T/F
T
The U.S. Supreme Court traditionally acted in a very narrow, limited capacity so as to prevent itself from becoming or being seen as a "super legislator." T/F
T
The determination of reasonable suspicion is a case-by-case determination T/F
T
The purpose of a jury trial is to use community members to check the power of judges and prosecutors T/F
T
The waiver of one's Miranda rights must be voluntary, knowing, and intelligent. T/F
T
When acting without a warrant in reliance on an exigent circumstance exception, police run the risk that a judge will disagree with the officer's assessment of the situation. T/F
T
When the prosecutor intentionally or purposefully singles out and targets members of the group for prosecution, it is referred to as discriminatory intent. T/F
T
Before a jury trial begins, the defense attorney files a motion to change the location of trial. This is an example of a _____________ motion. A. bad B. appellate C. hail mary D. pretrial
D
By what standard do the courts determine whether reasonable suspicion existed to justify a Terry stop? A. The extenuating circumstances test B. Eyewitness testimony C. The judgment of the officer involved D. The totality of the circumstances
D
A sworn statement that is submitted by officers to the justice of the peace is referred to as a ______. A. warrant B. writ of certiorari C. citation D. affidavit
D
An example of evidence that is nontestimonial in nature and, as such, does not benefit from the privilege against self-incrimination is: A. Handwriting examples B. Personal documents C. Fingerprints D. Handwriting examples and personal documents
D
Officer Smith places Alice under arrest theft. Officer Smith then searches Alice's person including inside her pockets and the purse she is carrying. Officer Smith has Alice empty her pockets and finds methamphetamine in the contents of Alice's pockets. Officer Smith charges her with the additional charge of possession of narcotics. Alice's attorney moves to suppress the evidence of the narcotics as the product of an illegal search for the possession of narcotics charge. Will the suppression motion be successful? A. Yes, if the search was conducted without probable cause that Alice might be carrying narcotics. B. Yes, while a search of Alice's person without a warrant may have been warranted, the extension of the search to the contents of Alice's pockets exceeded the permissible scope of Terry, making it an illegal search. C. No, the requiring of Alice to empty her pockets following a lawful arrest would be permissible both for officer safety and to prevent the destruction of contraband. D. No, once a person is placed under lawful arrest, the person loses any reasonable expectation of privacy and a search of his or her person is permissible under the Fourth Amendment.
C
Should a judge determine an attorney's opening statement grossly improper, which of the following is the most extreme response available to the judge? A. Instruct the jury to ignore the statement. B. Exclude any evidence mentioned in the statement from the trial. C. Declare a mistrial.
C
Stopping individuals because of their race, ethnicity, gender, or other characteristics is referred to as ________. A. Stop and frisk B. Lawful policing C. Racial profiling
C
The frisk must be directed at the discovery of _________. A. Nervous behavior B. Nervous behavior C. Weapons D. Stolen goods
C
Voluntariness, as required for consent, is determined using which test? A. the consent test B. the objective person rule C. totality of the circumstances D. probable cause
C
What level of proof must be established for a police officer to make an arrest? A. Beyond reasonable doubt B. Preponderance of the evidence C. Probable cause D. Reasonable suspicion
C
Which of the following does not represent an exception that the Court has carved out of the arrest warrant requirement of the Fourth Amendment? A. When the suspect might flee the jurisdiction B. When police believe that the public safety is endangered C. Unavailability of a magistrate to sign the warrant D. To prevent destruction of evidence.
C
Which of the following is not one of the three situations that the U.S. Supreme Court has identified as a situation when it is reasonable for the police break down the door of a home without knocking and announcing their presence? A. When there is a threat of physical violence B. When a prisoner escapes and flees into the home C. When there is reason to believe that the person will flee the home through another exit D. When there is reason to believe that evidence will be destroyed
C
Which organization has the legal authority to interpret and apply the rules established in the US Constitution? A. Logan Paul B. The US President C. The US Congress D. The US Supreme Court
C
A jury is generally composed of _______ persons. A. Fiddy B. 9 C. 6 D. 12
D
A search warrant requires particularity, meaning: A. The warrant must state the specific address of where the search will occur. B. The warrant must identify the specific objects that are likely to be found in the search. C. The warrant must identify the specific persons associated with the specific address and objects. D. The warrant must state the specific address of where the search will occur & must identify the specific objects that are likely to be found in the search.
D
