Final Review
Short Answer: List 2 factors in determining voluntariness.
1). The environment in which the interrogation took place. 2). The suspect degree of mental capabilites.
Short Answer: Which amendment deals with the issue of search?
4th Amendment
Short Answer: Which constitutional amendment controls non-testimonial evidence that a suspect may be compelled to give?
4th Amendment
Short Answer: List 3 constitutional amendments that deal with confessions.
4th, 5th, 6th, and 14th
Which of the following requirements is necessary for a search warrant to be issued in conformity with the Fourth Amendment?
A magistrate's determination, based on information provided under oath, that there is probable cause to believe that specific objects that furnish evidence of a crime will be found at the location to be searched.
When the police execute a search warrant to search a residence, they:
Are required to conduct the search within a reasonably short time after the warrant is issued.
In which of the following situation(s) must Miranda warnings be administered?
Before telling an arrestee that his companion confessed and told the police that he (the arrestee) was the one who pulled the trigger.
When the purpose for conducting a search is to obtain evidence of a crime, the Fourth Amendment always requires the officer to:
Confine search activity to looking for the objects for which the officer has search authority.
Short Answer: List 2 exceptions to the requirement that an interception order must be obtained where the government is secretly recording conversations by the use of a device.
Consent by one party, Plain Hear, and Public Safety and Emergency
Short Answer: List 4 exceptions to the search warrant requirement.
Consent, Search Incident to Arrest, Exigent Circumstance, Vehicle Search.
Short Answer: Name 2 exceptions to the search warrant requirement to search inside someone's home.
Consent, and Exigent Circumstance
Short Answer: What 2 things must be present before Miranda is necessary?
Custody and Interrogation
Sally York, who was a passenger on the same flight as Mary Wanna, accidentally picked up Mary Wanna's suitcase, thinking it was her own. She opened it up when she got home, saw a firearm resting on top of bundles of $100 bills, immediately closed the suitcase, took it to police headquarters, and told Detective Jacobs what she had seen. Detective Jacobs reopened the suitcase, took out and examined the firearm and money, and then removed the lining, under which he found a bag containing 20 grams of cocaine. Mary has been prosecuted for possession of an unregistered firearm, possession of cocaine, and trafficking in drugs. She has moved to suppress the evidence, claiming that her Fourth Amendment rights were violated. Which of the following acts constituted a search within the meaning of the Fourth Amendment?
Detective Jacobs' removal of the suitcase lining.
Short Answer: Distinguish between eavesdropping and interception.
Eavesdropping is an un-aided ear to natural ear, Interception is when you have a device and must obtain a search warrant.
Which of the following constitutes a search within the meaning of the Fourth Amendment?
Entering the curtilage of a residence.
Short Answer: Illegally obtained evidence cannot be used in court according to what rule?
Exclusionary Rule
True/False: A suspect can never be impeached with his illegally obtained confession.
False
True/False: An officer can sign his own interception order to tap a phone line.
False
True/False: An officer must have proof beyond a reasonable doubt (of criminal evidence/contraband) in order to perform a strip search.
False
True/False: Consent cannot be revoked by the suspect once it is given.
False
True/False: Fourth amendment implications are never involved when considering 5th amendment "right to remain silent" issues.
False
True/False: If a confession takes more than 2-3 hours to obtain, the police must be able to thoroughly explain the extenuating circumstances
False
True/False: If a suspect being questioned by the police while in custody makes a statement like "I'm not sure if I should continue to talk to you about this", the police must immediately stop all communication.
False
True/False: It is illegal to use a drug dog under any circumstances because they are considered an agent of the police.
False
True/False: Miranda warnings do not have to be given if a suspect cannot understand English and that is the only language the officer speaks.
False
True/False: Officers must read Miranda to all people they stop, including traffic stops.
False
True/False: Once an interception order has been legally obtained, an officer can talk about the intercepted conversations to anyone he wants, including the press
False
True/False: Providing a hand writing sample is considered to be a form of testimony under the 5th amendment.
False
True/False: Tapping in on someone's e-mails is always constitutional even without an order.
False
True/False: Telling a suspect that her children will be taken away from her if she does not confess is still constitutional.
False
True/False: The current definition of search was announced in the Olmstead case of 1920.
False
True/False: The plain view doctrine is limited to sight alone, according to the U.S. Supreme Court.
False
True/False: Using undercover agents to pose as an inmate in a jail cell in hopes of obtaining otherwise secret information is unconstitutional according to case law.
False
True/False: When a suspect is "free to go", Miranda warnings aren't necessary, even though they may be a good idea to give.
False
True/False: When conducting a Terry frisk, the officer can look for any kind of evidence.
False
The free and voluntary requirement derives from the:
Fifth Amendment.
Short Answer: Name 4 (non-testimonial) ways a suspect can be compelled to help the government prepare its case.
Fingerprint, Hair Sample, Voice Sample, and Writing Sample.
The exclusionary rule does not bar introduction of evidence seized in violation of the Fourth Amendment when the evidence is offered:
For any of the above purposes.
Short Answer: What is so unique about an automobile that allows it to be fully searched without a warrant upon the finding of probable cause?
Inherent Mobility Doctrine
Short Answer: What's the reasoning behind the concept of a "protective sweep"?
Is to ensure the security of law.
Which of the following constitutes a search within the meaning of the Fourth Amendment?
Looking inside the glove compartment of an unattended vehicle or car parked on a public street.
The Supreme Court has ruled that the fruit of the poisonous tree doctrine does not apply to the fruits of confessions obtained in violation of:
Miranda warning requirements.
Short Answer: Why is it not illegal for an officer to tape record a conversation he hears in the booth next to him during lunch?
No expectation of privacy; plain hear
Which of following constitutes an illegal interception of a wire or oral communication in violation of Title III?
Officer West hid a tiny tape recorder in the public telephone booth from which Mary regularly made telephone calls. The tape recorder picked up Mary's side of an incriminating telephone conversation.
After Mary Wanna checked into a hotel, Officer West engaged in the following surveillance activities. Which of the following violates Title III of the Omnibus Crime Control and Safe Streets Act?
Officer West paid the switchboard operator to listen to and record all of Mary's conversations.
In which of the following situations have the police violated Mary Wanna's Fourth Amendment rights?
Officer West rents a motel room adjoining Mary Wanna's room and drills a two-inch hole in the base of the connecting wall so that he can overhear her conversations.
A lawful custodial arrest made inside a private residence automatically carries the authority to engage in which of the following search activities, with no additional grounds beyond grounds for the arrest?
Perform a cursory visual inspection of the spaces immediately adjacent to the place of arrest that are large enough to hide a person who might be waiting to launch an attack.
Which of the following acts involves testimony?
Producing private papers in response to a subpoena duces tecum.
Which of the following is never permitted as part of a search incident to an arrest?
Searching the area under an arrestee's control after he or she has been handcuffed and is no longer able to reach for a weapon or destroy evidence.
When the police have a reasonable suspicion that a UPS parcel contains narcotics, they may:
Subject it to a canine inspection.
Short Answer: List the 3 elements that are necessary to trigger the 5th amendment regarding testifying against oneself.
Testimony, Compelled, Self-Incrimination
There are several important differences between the Miranda (Fifth Amendment) and the Sixth Amendment right to counsel. These differences include:
The Miranda right to counsel applies only when a suspect is interrogated while in custody, while the Sixth Amendment right to counsel does not require that the suspect be in custody.
Which of the following exceptions to the warrant requirement confers search authority on a police officer that is as broad as "a magistrate could legitimately authorize in a search warrant?"
The automobile exception.
While conducting a warrantless search of the trunk of a motor vehicle, Officer Johnson came across a briefcase, opened it, and discovered narcotics inside. In which of the following situations would Officer Johnson's seizure of the narcotics be justified under the plain view doctrine?
The motorist consented to allow Officer Johnson to search her "trunk" for narcotics, but said nothing about the briefcase
Police have the authority to search the trunk of a motor vehicle without a warrant whenever:
The motorist consents.
Which of the following does the Fourth Amendment always require for the police to have authority to seize an object for use as evidence?
The object must constitute the fruits, instrumentalities, or other evidence of crime or contraband.
Which of the following conditions is always necessary to justify a plain view seizure?
The officer must acquire probable cause to believe that the object is associated with a crime without exceeding the lawful boundaries of his or her search authority.
For incriminating evidence to be considered in "open view":
The officer must be lawfully present at the location where the observation is made.
Before receiving a confession into evidence, the judge must hold a hearing outside the jury's presence to determine whether it was voluntary. Concerning which party has the burden of proof and the quantum of evidence required, the Supreme Court has ruled that:
The prosecution has the burden of proof and must establish by a preponderance of the evidence that the confession was voluntary.
The Fourth Amendment exclusionary rule does not require suppression of all confessions given subsequent to a police violation of a suspect's Fourth Amendment rights. Which of the following confessions is admissible despite the prior violation of the suspect's Fourth Amendment rights?
The suspect returns to police headquarters one week after his illegal arrest, while free on bail, and gives a confession
True/False: Technology has caused the 4th amendment to be interpreted differently from how it was originally interpreted under the U.S. Constitution.
True
True/False: A limited weapons search is a valid exception to the search warrant requirement.
True
True/False: A voluntary statement made by a suspect can still be admissible in court even in Miranda warnings weren't given.
True
True/False: An officer can use his normal sense to overhear a criminal conversation with no constitutional violation.
True
True/False: Hair and fingerprint samples are considered to be forms of appearance evidence under current case law.
True
True/False: If a confession is obtained illegally, the physical evidence discovered as a result of the confession may also be thrown out of court.
True
True/False: If a sign is posted that explains your telephone conversation may be taped, there is no need for an interception order.
True
True/False: Interception orders must be evaluated every 30 days in order to be continued.
True
True/False: It is the State's burden of proof to show that the confession was freely and voluntarily taken.
True
True/False: Once an attorney shows up to advise a suspect, the attorney can re-initiate the questioning by the police.
True
True/False: Schmerber v. California is the leading case regarding the issue of compelled blood samples taken from suspects who are thought to be driving while intoxicated.
True
True/False: Search is defined as "when an officer invades a person's reasonable expectation of privacy by: a physical intrusion into a constitutionally protected place or a technological invasion of privacy".
True
True/False: The U.S. Supreme Court case, U.S. v. Katz, dictated that the new standard for what constituted a search was based on a person's "reasonable expectation of privacy".
True
True/False: The more proof of criminal activity an officer has, the more he can do under the 4th amendment.
True
True/False: There are a number of "free zone" activities that an officer can engage in to investigate without triggering the 4th amendment.
True
True/False: There are many different degrees and levels of searches.
True
True/False: There are only certain types of crimes for which interception orders can be obtained.
True
True/False: There are times when a confession will be thrown out even when Miranda warnings were properly given.
True
True/False: There are two different types of immunity that the state can offer a witness to get around the "right to remain silent" protection.
True
True/False: There is no real difference eavesdropping and interception.
True
True/False: When a suspect is "free to go" Miranda warnings aren't necessary, even though they may be a good idea to give.
True
Which of the following lists includes only appearance evidence?
Voice, handwriting, fingerprints, lineup.
Sergeant Davis of the Whosville Police Department received a tip from a reliable informant that a drug courier is traveling on a bus that departed from Detroit bound for Chicago, which will be stopping in Whosville in about 30 minutes. Which of the following actions may Sergeant Davis take without violating the Fourth Amendment?
When the bus arrives, wait until the passengers disembark for a rest break, board the bus with a drug detection dog, and walk the dog down the aisle to determine where the luggage with the drugs is located.
In which of the following situation(s) would the suspect be considered "in custody" for Miranda warning purposes?
While being transported to the police station in a patrol car subsequent to an arrest.
Short Answer: What is the name of the Federal Act outlining the types of crime in which the government can seek an interception order?
Wire Tap Act
Police should obtain a warrant before compelling a suspect to undergo all but which of the following procedures?
Withdrawing blood to test for alcohol intoxication.
Short Answer: In Texas the Miranda Warnings must appear where?
Within the four corners of the confession.
Police do Not need a search warrant or probable cause to believe that a search will turn up evidence of a crime in order to search:
abandoned property. an open field. an arrestee's person after making a lawful arrest. Any of these will work!!!
The Fifth Amendment privilege against self-incrimination does not:
allow the government to compel testimony without granting a person absolute immunity from prosecution for any crime revealed during compelled testimony.
The automobile exception:
allows police to remove door panels if the objects for which they have search authority could be hidden behind.
The Supreme Court has ruled that a suspect who makes a voluntary confession without receiving the requisite Miranda warnings is:
capable of making an admissible second confession after Miranda warnings have been administered.
If an officer, while participating in the execution of an interception order, hears a conversation about a crime not specified in the interception order, he or she should:
continue to intercept it, but inform his or her superiors and the prosecutor about the new evidence as soon as possible thereafter.
Miranda procedural requirements apply during:
custodial interrogations.
To receive Fifth Amendment protection, a person's statement must be: a. compelled. b. testimonial. c. capable of being used against him or her in a criminal proceeding. d. All of the above.
d). All of the above.
To establish probable cause for the issuance of a search warrant, the officer's affidavit must contain facts that establish probable cause to believe that: a. a crime has been committed. b. specific items exist that are linked to that crime. c. these items are located on the premises to be searched. d. All of the above.
d. All of the above.
Which of the following constitutes a search? a. Squeezing soft luggage to determine the contents. b. Opening checked luggage and examining the contents while the owner is not around. c. Rummaging through a garbage can located inside the suspect's garage. d. All of the above.
d. All of the above.
Which of the following factors is relevant in deciding whether the defendant's confession was voluntary? a. The defendant's intelligence. b. The existence of threats or false promises. c. The location and duration of the interrogation session. d. All of the above.
d. All of the above.
The free and voluntary rule requires suppression of confessions: a. obtained by private parties through force or threats of force. b. obtained by police officers through promises of leniency in return for a confession. c. given by people with serious mental problems that impair their ability to make rational choices. d. All three confessions are inadmissible.
d. All three confessions are inadmissible.
The exigent circumstances exception to the warrant requirement permits the police to make a warrantless entry on private premises when: a. police have probable cause to believe that specific objects constituting evidence of a crime will be found on the premises and have reason to believe that this evidence will be destroyed or removed unless they act immediately. b. police are in immediate, hot pursuit of a felon whom they have probable cause to arrest. c. police have reason to believe that the safety of the public or of persons inside is in imminent danger. d. Any of the above is present.
d. Any of the above is present.
The Fifth Amendment privilege against self-incrimination provides no protection against: a. seizure of voluntarily prepared personal papers under a search warrant. b. compulsion to answer questions about crimes for which the person was previously tried and acquitted. c. compulsion to furnish a handwriting sample. d. Any of the above.
d. Any of the above.
Title III of the Omnibus Crime Control and Safe Streets Acts does not cover: a. silent video surveillance. b. the use of pen register devices. c. listening only with the ordinary sense of hearing. d. Any of the above.
d. Any of the above.
Which of the following does the Fourth Amendment always require before an officer may search for evidence? a. Probable cause to believe that the search will turn up evidence. b. A search warrant. c. The absence of a reasonable expectation of privacy in the subject matter of the search. d. None of the above
d. None of the above
Consent is a recognized exception to the warrant requirement. Which of the following must always be present for a valid consent to search? a. The officer must have reasonable suspicion that evidence of a crime will be found before requesting permission to search. b. The person must be told that he or she has the right to refuse consent at the time permission is requested. c. The person giving consent must be the owner of the premises to be searched. d. None of the above.
d. None of the above.
Under the procedures established by Title III, an officer who wishes to use install a wiretap device must: a. obtain written permission from the chief of police. b. request the prosecutor to issue an interception order. c. prepare a sworn affidavit and apply to the court for an interception order. d. None of the above.
d. None of the above.
An officer is not required to obtain an interception in order to secretly tape-record a conversation when: a. the officer is a party to the conversation. b. the conversation takes place in the back seat of a squad car. c. the conversation is audible to the officer. d. any of three situations above occurs.
d. any of three situations above occurs.
The constitutional requirements that must be satisfied to procure an admissible confession vary with the stage in the development of a criminal case during which the police interview is conducted. The free and voluntary requirement applies during: a. investigatory stops. b. custodial interrogations. c. interrogations conducted after a defendant has been formally charged. d. during all three periods.
d. during all three periods.
When the police have reasonable suspicion, but not probable cause, to believe that a passenger who is about to board an airplane has drugs in his or her travel bag, they may:
detain the passenger's travel bag and subject it to a canine examination.
During a lawful Terry stop, police may:
fingerprint the detainee at the stop location.
Strip searches:
involve a search of rectal or genital cavities, accompanied by manual touching or probing.
Several of the exceptions to the warrant requirement confer authority to open closed containers without a search warrant. For example, police have the authority to open and look inside a woman's handbag whenever they:
make a lawful arrest.
Under federal law, before engaging a suspect in a conversation while secretly recording it, an officer should:
make sure that the recording equipment is in good working order and get on with the conversation;
A protective sweep:
may be performed whenever the police make an arrest inside a dwelling.
The search of an arrestee's person incident to a lawful custodial arrest:
may be postponed until the police reach the station house.
A reliable informant told the police that Sam was growing a half-acre of marijuana in the woods behind his garage. The police:
may enter Sam's woods to determine the location of the marijuana plants and may seize them—both without a search warrant.
Sam was arrested for burglary and taken to the police station. After Sam was booked, Detective Johnson administered Miranda warnings. Sam stated that he understood his rights, and proceeded to sign a written waiver. After answering several questions, Sam said: "Maybe I should speak to a lawyer before I get myself in deeper." Under established Supreme Court rulings, Detective Johnson:
may ignore Sam's statement and continue asking questions until Sam makes an unambiguous request for an attorney.
A police officer walking through a motel parking lot hears a loud gunshot and screaming from inside a motel room. He tries the door, finds it unlocked, and enters. The sounds came from a television that had been left on at full volume. There is a baggie of marijuana beside the television. No one is in the room. The officer:
may seize the marijuana under the plain view exception.
Sam was arrested for burglary and taken to the police station. On arrival, Detective Johnson administered Miranda warnings. Sam stated that he understood his rights, and proceeded to sign a written waiver. After answering several questions, Sam said: "That's enough questions. I'm not going to answer any more." Under established Supreme Court rulings, Detective Johnson:
must immediately end the interrogation session, but may interrogate Sam about a different crime after a break of several hours.
On October 31, 1998, Sam robbed the Whosville Bank while wearing a Halloween mask and carrying a gun. While speeding from the crime scene, Sam lost control of his Jeep Cherokee and ran into a telephone pole. When the police, who had previously received a bulletin about the bank robbery, arrived at the accident scene and saw the Halloween mask and bag of money in Sam's car, they immediately placed him under arrest for bank robbery, frisked him, and then asked him: "Where's the gun?" Sam replied that the gun was in his glove compartment. The police retrieved the gun, placed Sam in the patrol car, and drove him to police headquarters. As Sam was getting out of the squad car, he asked: "How many years am I going to have to do for the bank robbery?" Sam has moved to suppress both statements, because Miranda warnings were not administered until after he was inside police headquarters. The court should suppress:
neither statement.
Title III of the Omnibus Crime Control and Safe Streets Act allows telephone conversations to be intercepted without a judicial interception order when:
notice is posted on the telephone that calls may be monitored.
The good faith exception to the exclusionary rule allows evidence seized in violation of the Fourth Amendment to be admitted whenever the court finds that the:
officer acted in good faith reliance on a search warrant that the officer reasonably believed was valid.
Title III of the Omnibus Crime Control and Safe Streets does not require a judicial interception order to intercept communications with a device when:
one of the parties to the intercepted communication consents.
The Supreme Court has ruled that a defendant under formal charges may give a valid waiver of the Sixth Amendment right to counsel:
only during contact with the police that he or she initiates.
The Fifth Amendment confers two different levels of protection. The level of protection known as the "right to remain silent" is available:
only during custodial interrogations and for criminal defendants during their trial.
The "automobile" exception to the search warrant requirement:
permits an officer who has probable cause to believe that a motor vehicle contains specific objects that furnish evidence of a crime to search any part of the vehicle, including locked and unlocked containers in it, that are large enough to house the object of the search.
Use (including derivative use) immunity:
prevents the prosecution from using any testimony, either directly or derivatively, against the witness in a subsequent prosecution.
The purpose of conducting a search following a custodial arrest is to:
protect the arresting officer from weapon assaults and prevent the arrestee from destroying evidence.
Miranda warnings must be administered to suspects who have been taken into custody before:
questioning them about the crime for which they were arrested.
A suspect was arrested on federal bank robbery charges, taken to FBI headquarters, and read Miranda warnings. He stated that he understood his rights and signed a written waiver. He confessed eight hours later, but was not taken before a magistrate until noon the next day, even though magistrates were available. He was tried in a federal court and moved to suppress his confession. Under contemporary federal law, the confession must be:
suppressed because the FBI agents violated the McNabb-Mallory rule.
In Schmerber v. California, the Supreme Court ruled that compelled submission to a blood test to determine alcohol content does not violate a defendant's Fifth Amendment privilege against self-incrimination. The reason for the court's holding was:
the Fifth Amendment privilege against self-incrimination did not apply because the police had probable cause to believe that Schmerber was intoxicated.
The Supreme Court's Miranda rule decision was based on:
the Fifth Amendment.
A confession given by one accomplice implicating another is not admissible as evidence against the latter unless:
the accomplice who gave the confession appears and testifies at the other's trial.
An inadmissible confession may be used for purposes of impeachment only if:
the defendant gives testimony at the trial that is contrary to his or her pretrial confession.
The "inevitable discovery" rule is an exception to the exclusionary rule that allows evidence seized in violation of the Fourth Amendment to be admitted when the government proves that:
the evidence would inevitably have been discovered by lawful means even if the Fourth Amendment violation had not occurred.
For an inventory search of an impounded motor vehicle to satisfy Fourth Amendment requirements:
the search must conducted in accordance with standard police department procedures for handling inventory searches of impounded vehicles.
Police must observe the requirements imposed by the Miranda rule only when:
the suspect is in custody at the time of the interrogation.
The Supreme Court has ruled that waivers of Miranda rights are not effective unless:
the waiver is knowingly, intelligently, and voluntarily given.
When the police arrest a motorist for a minor traffic violation:
they are limited to searching the arrestee's person and performing a cursory visual inspection of the passenger compartment.
A federal agent who overhears an incriminating conversation while executing a judicial interception order may disclose the content of the communication:
to a fellow law enforcement officer if the information is relevant to the latter's performance of his or her duties.
Police have the authority to conduct a Terry pat-down:
whenever they have a reasonable suspicion that a person lawfully detained may be armed.
Police must observe the requirements imposed by the Sixth Amendment right to counsel:
whenever they interrogate a suspect for an offense for which he is under indictment, about the indicted offense.