Case Law Set 4 of 4 Flashcards

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1
Q

The _________________ amendment applies to arrest in the home.:

A

fourth

page 579 of your workbook

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2
Q

The _________________ amendment applies to freedom of

assembly.:

A

first

page 579 of your workbook

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3
Q

The _________________ amendment applies to freedom of

speech.:

A

first

page 579 of your workbook

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4
Q

The _________________ amendment applies to inventory searches
of vehicles.:

A

fourth

page 579 of your workbook

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5
Q

The _________________ amendment applies to no person shall be
deprived of life, liberty, or property without due process of
law.:

A

fourteenth

page 580 of your workbook

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6
Q

The _________________ amendment applies to no selfincrimination.:

A

fifth

page 580 of your workbook

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7
Q

The _________________ amendment applies to right to counsel for
the defense.:

A

sixth

page 580 of your workbook

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8
Q

The _________________ amendment applies to right to speedy

trial and trial by jury.:

A

sixth

page 580 of your workbook

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9
Q

The _________________ amendment applies to search incident to
lawful arrest.:

A

fourth

page 579 of your workbook

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10
Q

The _________________ amendment applies to the consent

search.:

A

fourth

page 579 of your workbook

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11
Q

The burden of proof in a N.J.S. 39:4-50.4a prosecution for a
defendant’s refusal to submit to breath testing is proof
beyond a ______________________ doubt.:

A

reasonable

State v Cummings, pg. 553 of your workbook

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12
Q

Civil liability may result for a municipality, which fails to train
its police officers and where “deliberate ____________________” is
shown.:

A

indifference

Harris v City of Canton, Ohio, pg. 497 of your workbook

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13
Q

A defendant who assaults two police officers during the
course of committing a single theft, commits __________________
robbery / robberies.:

A

one

State v Lawson, pg. 537 of your workbook

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14
Q

During an administrative questioning session in an Internal
Affairs investigation, a law enforcement officer who is
ordered to give a statement under threat of discharge is
constitutionally protected against those statements being
used later in a ____________________ proceeding.:

A

criminal

Garrity v New Jersey, pg. 465 of your workbook

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15
Q

Law enforcement officers detain a suspect pertaining to a
crime that has just occurred. Conducting a show-up of the
suspect immediately after the crime is ______________________.:

A

permissible

State v Carter, pg. 487 of your workbook

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16
Q

The level of culpability required to convert theft into

robbery is “__________________.”:

A

knowingly

State v Sewell, pg. 539 of your workbook

17
Q

Miranda warnings are not required of an officer conducting
on the scene questioning as to the facts surrounding a
_____________________ that has taken place.:

A

crime

State v Gosser, pg. 417 of your workbook

18
Q

A motorist, under arrest for DWI has no right to contact an

attorney before providing a _____________________ sample.:

A

breath

State v Green, pg. 411 of your workbook

19
Q

Municipalities are not immune from civil liability for failure to
adequately ___________________ its officers.:

A

train

Harris v City of Canton, Ohio, pg. 497 of your workbook

20
Q

New Jersey recognizes a public safety _______________________ to
the requirement of Miranda in those cases which deal with a
significant threat to public safety.:

A

exception

NY v Quarles, pg. 421 of your workbook

21
Q

The NJ Supreme Court concluded that the emergency aid
doctrine, overrides the need to give _____________________
warnings.:

A

Miranda

State v Boretsky, pg. 425 of your workbook

22
Q

A person in custody must receive Miranda warnings, when

that person is going to be ______________________.:

A

interrogated

Miranda v Arizona, pg. 389 of your workbook

23
Q

Police subsequent to an arrest, begin a custodial interrogation. During that interrogation, an attorney arrives at police HQ to
speak with the suspect, but police fail to inform him of that. Under these circumstances, the confession will be deemed
_____________________.:

A

invalid

State v Reed, pg. 431 of your workbook

24
Q

The purpose of the exclusionary rule is to prevent police ______________________.:

A

Misconduct

Mapp v Ohio, pg. 387 of your workbook

25
Q

A subject has requested a lawyer during custodial interrogation regarding an offense. It is not _______________________ for police to
immediately begin questioning the suspect on a wholly unrelated offense.:

A

proper

Arizona v Roberson, pg. 435 of your workbook