Procedural Law
Which of the following is NOT an essential element of the Miranda warnings?
"You have the right to stop answering questions at any time."
Most juries in criminal cases consist of how many members?
12
The Supreme Court has ruled that the right to an impartial judge is guaranteed by the _________________ Amendment.
14th
Which of the following statutes is used to sue criminal justice officials?
42 U.S.C. Section 1983
Which constitutional amendment contains the double jeopardy clause?
5th
The United States Supreme Court has ruled that what number of jurors is the minimum needed to comply with constitutional requirements in a criminal case?
6
The right to an impartial jury stems from which constitutional amendment?
6th
When a witness identifies the suspect for the first time in court, this is best known as:
A in-court show-up
The balancing test used to justify ________________ ______________involves weighing citizen's privacy interests with the government's interest in protecting public safety.
Administrative Searches
When an appellate court agrees with a lower court's decision, it _____ that decision.
Affirms
Particularity is concerned with which of the following?
All of the Above
A Miranda waiver must be:
All of the above
For Fourth Amendment purposes, government officials can include:
All of the above
In which of the following ways is the right to confrontation manifested?
All of the above
Interrogations and confessions are governed by which of the following constitutional amendments?
All of the above
Probable cause is always required in which of the following scenarios?
All of the above
The exclusionary rule is:
All of the above
The execution of search warrants is subject to ___________ constraints.
All of the above
Warrantless vehicle inventories are permissible:
All of the above
What do the courts pay attention to when deciding whether a confession is voluntary?
All of the above
Which of the following Amendments include(s) constitutional rights for the defendant during the sentencing phase?
All of the above
Which of the following are governed by the Fourth Amendment?
All of the above
Which of the following help ensure a non-suggestive lineup?
All of the above
Which of the following is true about the preliminary hearing?
All of the above
Which of the following is/are constitutional rights enjoyed during the sentencing phase?
All of the above
Which of the following can be said about stop and frisk?
All of the above are true.
Which of the following is untrue about a search?
All searches require a warrant.
Which term is used to describe the defendant's explanation to the judge concerning his or her guilty plea?
Allocution
Cities and counties can be held liable under 42 U.S.C. Section 1983 if they:
Any of the Above
A frisk must be supported by reasonable suspicion that the suspect is:
Armed and Dangerous.
When is a probable cause hearing unnecessary?
Arrests with a warrant
Which of the following is NOT articulated by the Supreme Court as a reason for allowing automobile searches without a warrant:
Automobiles are not subject to the probable cause requirement.
With regard to a search, when does justification need to be in place?
Before the search
The US Supreme Court has stated that someone acts under______________ when he or she acts in an official capacity.
Color of Law
The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are:
Color of law and a constitutional violation
The use by several cities of strategically located video cameras to look for crime is:
Constitutionally permissible
At the state level, trial courts are usually referred to as:
Courts of general jurisdiction.
Reasonable suspicion is a standard of justification:
Created by The Supreme Court
Lawsuits where people seek monetary compensation are called __________ suits.
Damages
"Evanescent evidence" refers to evidence that is likely to:
Disappear
What term is used to describe the process by which both parties to a case learn of the evidence that the opposition will present?
Discovery
When a previous decision is not available for a court to refer to, it will:
Distinguish the present case.
At the federal level, trial courts are:
District courts.
The accused enjoys______________ during identification procedures.
Due process protections
When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. This is known as the:
Due process voluntariness approach.
Emergency situations allowing for searches without a warrant are referred to as:
Exigent circumstances
Which of the following is NOT a characteristic of the crime control perspective?
Faith in the courts
A "frisk" is included in the warrantless search category.
False
A frisk is basically the same as a search because it is considered equally intrusive.
False
A person who, in the eyes of a reasonable police officer, is "free to leave" is always considered free to leave for purposes of determining if a stop has occurred.
False
A search warrant needs to state with absolute precision where in the house is to be searched.
False
All defendants have a constitutional right to bail.
False
An information is another name for an indictment.
False
Automobile searches can lawfully occur without a warrant and without probable cause.
False
Convicted criminals enjoy no constitutional rights during sentencing.
False
Discretionary appeals are automatically granted by law.
False
For an identification procedure to comport with the Due Process Clause, it must be (1) reliable and (2) conducted with several suspects.
False
If the police mistakenly search the wrong residence, the search will automatically be deemed invalid.
False
Inventories can be of vehicles, person's personal items, and homes.
False
People on probation enjoy a lesser expectation of privacy than those on parole.
False
Physical evidence is protected by the Fifth Amendment.
False
Quiz 7: The term confession and admission can be used interchangeably.
False
Random, suspicionless locker searches of public school students are permissible without notification.
False
Reasonable suspicion is a higher standard than probable cause.
False
Search warrants must always be served during daylight hours.
False
Showups are usually conducted in court.
False
T/F. The curtilage of one's home does not enjoy Fourth Amendment protection.
False
T/F. The reasonableness clause of the Fourth Amendment requires that no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
False
The Sixth Amendment guarantees the right to an impartial judge.
False
The Supreme Court has ruled that the government can sometimes claim exigent circumstances if the exigency is created by the police
False
The Supreme Court has sanctioned drug and alcohol testing of any public school student.
False
The exclusionary rule applies in deportation proceedings.
False
The police are always required to announce their presence before entering when serving warrants.
False
The police may enter a third party's home to make an arrest as long as there is an arrest warrant for the person.
False
The police no longer must have lawful access to an object in order to seize it under the plain view exception to the Fourth Amendment's warrant requirement
False
The prosecution has no constitutional duty to disclose exculpatory evidence.
False
The purpose of arraignment is to determine whether enough evidence exists to proceed to trial.
False
The three most common types of identification procedures are lineups, showups, and in-court identification.
False
Trials de novo are common occurrences in the appellate process.
False
The _____ Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Fifth
Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?
Fourth Amendment
The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the __________________ rule.
Fruit of the Poisonous Tree
To define when a search takes place, which two important factors need to be considered?
Government action and reasonable expectation of privacy
For an item to be lawfully seized under the plain view doctrine, it must be "immediately apparent" to the officer that the item is subject to seizure. This means that the officer must:
Have probable cause to believe an item is contraband
If a suspect refuses to participate in a lineup, he or she can be:
Held in contempt
The incorporation debate is significant in part because:
Incorporation may threaten federalism.
With respect to the Sixth Amendment approach to confessions and interrogations, which of the following would NOT be considered a formal criminal proceeding?
Investigatory street stop
Which of the following statements is true concerning the right to counsel during the habeas corpus process?
Prisoners can help each other in preparing petitions.
A valid frisk can evolve into a search if what type of justification develops along the way?
Probable cause
The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in:
Protecting public safety
The ______________ exception to Miranda exists if a threat exists to third parties.
Public safety
Which of the following is NOT considered a "criminal proceeding"?
Questions asked of a juvenile probationer concerning his or her probation status
If a person is not already in custody, the police must have what justification in order to "seize" that person for compelled participation in the lineup?
Reasonable suspicion
Which standard of justification is necessary for stop and frisk activities?
Reasonable suspicion
Qualified immunity affords protection to defendant criminal justice officials for:
Reasonably Mistaken Beliefs
Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money?
Release on own recognizance
A ______________ provides a legally accepted method of rectifying police wrongdoing.
Remedy
Which of the following is a type of warrantless search or seizure?
Search incident to arrest
The _____________ perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.
Selective Incorporation
Which incorporation perspective has arguably "won out" over the others?
Selective Incorporation
________________ are sometimes desirable to facilitate prompt identification when time is of the essence.
Show-ups
Identifications resulting from illegal searches and seizures are:
Sometimes admissible
If an in-court identification is influenced by an out-of-court identification, it is called a(n):
Tainted Identification
In which landmark case did the Supreme Court create the standard of "reasonable suspicion?"
Terry v. Ohio
A frisk requires all but which of the following:
That a legal arrest first takes place.
The most frequently discussed remedy in criminal procedure is:
The Exclusionary Rule
_________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.
The Federal Rules of Criminal Procedure
Which of the following is not a relevant constitutional amendment in criminal procedure?
The Second Amendment
Which constitutional amendment gives the accused the right to a speedy and public trial?
The Sixth
The Sixth Amendment provides for:
The assistance of counsel
Which of the following is NOT a requirement for a valid search incident to arrest?
The officer must have a subjective fear of harm
The Fourth Amendment contains which two basic clauses?
The reasonableness and warrant clauses
Which of the following is NOT a common time constraint with regard to the service of search warrants?
The search can last indefinitely.
Showups consist of:
The suspect
The courts consider which of the following factors when distinguishing between open fields and curtilage?
The use to which the land/property is being put
Which of the following is an argument against speedy trials?
They may not give the defense adequate time to prepare.
Stare decisis is a Latin term that means:
To abide by or to adhere to decided cases
The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used:
To show that a defendant's testimony may be false
"Injunctive relief" generally means the plaintiff in a civil lawsuit wants the court to bring the injurious or offensive action to a halt.
True
A double-blind lineup is one in which the investigator conducting the lineup (or assembling a photo array) is unaware who the suspect is.
True
A stop always precedes a frisk, but a stop does not automatically give a police officer permission to conduct a frisk.
True
A vehicle inventory is unconstitutional if the officer conducting the inventory is not guided by standardized operating procedures.
True
According to the Supreme Court in Miranda, custody exists only when a person has been taken into custody and formally arrested.
True
Administrative searches are those whose primary purpose is noncriminal.
True
Any valid arrest justifies a warrantless search incident to arrest.
True
As a good practice for police investigators, they should always try and obtain a statement from the witness confirming his or her identify of a suspect.
True
If a person fails to assert Fifth Amendment protection, and a waiver is "voluntary and intelligent," then whatever that person says will be admissible.
True
Internal review is a type of non-judicial remedy.
True
It may be necessary to obtain a search warrant, in addition to an arrest warrant, in order to effect an arrest of a suspect in a neighbor's home.
True
Planes are considered automobiles for Fourth Amendment warrantless search purposes.
True
Release on recognizance is reserved for nondangerous defendants.
True
Searches incident to arrest, in the presence of exigent circumstances, involving automobiles, and those based on the "plain view" doctrine all require probable cause justifying the search.
True
Suspects can be forced to participate in lineups.
True
T/F. An otherwise private search may turn into a governmental search when the governmental recipient of the items seized by the private party subjects the evidence to additional scrutiny.
True
T/F. When a private individual is used deliberately in place of the police, Fourth Amendment protections are triggered.
True
The Eighth Amendment prohibition against excessive bail has NOT been incorporated to the states.
True
The Federal Rules of Criminal Procedure have been interpreted to allow hearsay evidence in preliminary hearings.
True
The United States Constitution contains no provisions for enforcing the protections described in the Bill of Rights.
True
The additional step of frisking a suspect is a Fourth Amendment intrusion that requires justification apart from that required to stop the person.
True
The police may detain people as needed while executing a search warrant.
True
The term "reasonable suspicion" is found nowhere in the Constitution.
True
There is no Sixth Amendment right to counsel during photographic identifications.
True
Whether a vehicle is mobile or non-mobile is a factor in determining whether a vehicle serves as a transportation function in searching a vehicle without a warrant.
True
Work product is off limits and not part of the discovery process.
True
The Fourth Amendment protects against:
Unreasonable searches and seizures.
Which of the following appellate decisions most closely resembles a reversal?
Vacate
When may the police use deadly force while serving an arrest warrant?
When the felony suspect attempts to flee and will likely inflict harm on other people or police officers
Factual guilt is concerned with:
Whether a person committed the crime with which he or she is charged.
Which of the following factors has NOT been considered by the Supreme Court in determining the appropriate duration of a stop?
Whether the search results in useable evidence
Particularity is NOT concerned with which of the following?
Who issues the warrant
Warrants must be issued by:
a neutral and detached magistrate
Which standard of justification adopts a balancing approach, weighing the interests of individuals with the interests of society?
administrative justification
A plain view seizure is authorized when:
all of the above
Double jeopardy occurs when, for the same offense, a person is:
all of the above
Rights enjoyed during the appellate process include:
all of the above
The Fourth Amendment provides that the right of the people to be secure in their:
all of the above
The right to compulsory process provides that the accused can:
all of the above
Which of the following is considered a "criminal proceeding"?
all of the above
Which of the following occur at the initial appearance in a criminal case?
all of the above
For a waiver of a jury trial to be valid, it must be:
all of the above.
In most states potential jurors need to be:
all of the above.
____________ is any unoccupied or undeveloped real property falling outside the curtilage of a home
an open field
The police may search ____________ during the course of a vehicle inventory.
any container found in a vehicle
With regard to the scope of a search warrant, police can look:
anywhere the item sought could reasonably be found.
Once a person has been formally charged, he or she will be:
arraigned.
In response to many defendants' inability to post bail, professional ________________ have stepped in.
bail bonds agents
The Fifth Amendment protects against:
compelled self-incrimination
Fire inspections must be _________________ in relation to the timing of the fire
contemporanious
Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?
custody
Appeals are most commonly filed by the:
defense.
The constitutionally guaranteed protection against __________________ is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once.
double jeopardy
A search occurs when a government actor interferes with someone's possessory property interests.
false
The seizure of a person must be "physical" for the Fourth Amendment to be triggered.
false
Double jeopardy protection applies:
in criminal proceedings.
A search of an arrested person made contemporaneously with the arrest is a search ____________to arrest.
incident
A search warrant must be supported by probable cause that the:
items to be seized are connected with criminal activity.
With regard to the right to confrontation, the defendant must be physically present and:
mentally competent.
After a suspect asserts his or her Miranda rights, questioning:
must cease as a general rule.
According to the Supreme Court, at pretrial release hearings the accused enjoys the right to:
none of the above.
A(n) ________________ is intended to prevent "hast, malicious, improvident, and oppressive prosecutions."
preliminary hearing
The initial appearance is sometimes called a(n):
presentment.
The Supreme Court has explained that warrantless automobile searches are permissible in part because by driving automobiles in public drivers have a lesser expectation of
privacy
The appropriate standard of proof associated with preliminary hearings is:
probable cause.
A search occurs when government actors engage in activity that infringes on one's:
reasonable expectation of privacy.
The _____ clause of the Fourth Amendment proscribes unreasonable searches and seizures.
reasonableness
Discovery that "work both ways" is known as:
reciprocal discovery.
The Fourth Amendment deals with:
seizures
Stops and frisks are considered _________ acts.
seperate
Which of the following can be considered a separate sovereign for double jeopardy purposes?
states
Which of the following is NOT considered an administrative search?
stops and frisks
The preliminary hearing serves as a check on:
the prosecutor's charging decision.
A convicted defendant must typically exhaust all available state-level appeals before habeas corpus is an available option.
true
Frisks must be directed at discovering:
weapons
With regard to discovery, prosecution or defense "strategy" is also referred to as:
work product.
For which of the following crimes would release on recognizance most likely be ordered?
Petty theft
Which of the following are NOT sources of rights?
Police department policies
Which of the following usually takes place after a pretrial release decision has been made?
Preliminary hearing
Which of the following are types of remedies?
Legal and extralegal
Which of the following can be considered "characteristics of the accused" that may render a confession involuntary?
Maturity level
Which of the following is a remedy when alleged police misconduct does NOT involve constitutional rights?
Mediation
With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?
More than six hours
At which point in time, past the crime, will a showup usually be considered invalid?
More than sixty minutes
The ____________ exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible.
None of the above
Which of the following best characterizes the total incorporation perspective?
None of the above
Courts of limited jurisdiction:
None of the above.
Which of the following is NOT an appropriate consideration in setting bail?
Offsetting court costs
