Crim Pro

Question 1

A police officer may make a warrantless _____ arrest when she has _____.

Answer 1

felony

reasonable grounds to believe that a felony has been committed and that the person before her committed it

Question 2

What is the remedy for an unlawful arrest?

Answer 2

The government generally cannot use at trial evidence that was discovered during the arrest

Question 3

The __________ provides that people should be free in their persons from unreasonable searches and seizures.

Answer 3

Fourth Amendment

Question 4

If a defendant is convicted at a trial in which unlawfully obtained evidence was admitted, on appeal, the conviction will be upheld only if _____.

Answer 4

the government can prove beyond a reasonable doubt that the error was harmless

Question 5

T/F. A conviction can be upheld if the conviction would have resulted despite the improper evidence.

Answer 5

T

Question 6

When may police conduct a warrantless search incident to arrest?

Answer 6

After any constitutional arrest

Question 7

The Fourth Amendment prohibits unreasonable searches and seizures. Generally, for a search to be valid, it must be _____. However, _____ are an exception to the general rule - the police may conduct this search _____. It must be conducted _____.

Answer 7

pursuant to a warrant issued by a neutral and detached magistrate and based on probable cause to believe that seizable evidence or fruits of a crime will be found on the premises to be searched

searches incident to arrest

after any constitutional arrest (doesn’t matter if invalid under state law)

contemporaneously with the arrest

Question 8

T/F. The police may conduct a search incident to an arrest whenever they arrest a person, even if the arrest is invalid under state law.

Answer 8

T

as long as the arrest was constitutionally valid (e.g., reasonable and based on probable cause).

Question 9

T/F. it is not necessary that the police fear for their safety for a warrantless search to be conducted following an arrest.

Answer 9

T

Although the exception is based on safety concerns, the Supreme Court has held that it is not necessary that the police fear for their safety for a warrantless search to be conducted following an arrest. The search may be conducted incident to arrest in any case, as long as it is conducted contemporaneously with the arrest.

Question 10

Police officers in hot pursuit of a fleeing felon may make a warrantless search and seizure. They may even _____, when _____.

Answer 10

pursue the suspect into private dwellings

when the police have probable cause and attempt to make a warrantless arrest in a “public place,” they may pursue the suspect into private dwellings.

Question 11

There are six exceptions to the warrant requirement; i.e., six circumstances where a warrantless search is reasonable and therefore is valid under the Fourth Amendment. These are:

Answer 11

b. “Automobile” Exception
If the police have probable cause to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant. [Carroll v. United States, 267 U.S. 132 (1925)] Rationale: Automobiles and similar vehicles are mobile and so will not likely be available for search by the time an officer returns with a warrant. Moreover, the Supreme Court has declared that people have a lesser expectation of privacy in their vehicles than in their homes.
Note: Similarly, if the police have probable cause to believe that the car itself is contraband, it may be seized from a public place without a warrant. [Florida v. White, 526 U.S. 559 (1999)]
Example: On three occasions, the police observed Defendant selling cocaine from his car, giving the police probable cause to believe that Defendant’s car was used to transport cocaine. Under state law, a car used to transport cocaine is considered to be contraband subject to forfeiture. Several months later, the police arrested Defendant on unrelated drug charges while he was at work and seized his car from the parking lot without a warrant, based on their prior observations. While inventorying the contents of the car, the police found cocaine and brought the present drug charges against Defendant. The cocaine was admissible into evidence. Even though the police did not have probable cause to believe that the car contained cocaine when it was seized, they did have probable cause to believe that it was contraband and therefore seizable, and inventory searches of seized items are proper. [Florida v. White, supra]

1) Scope of Search
If the police have full probable cause to search a vehicle, they can search the entire vehicle (including the trunk) and all containers within the vehicle that might contain the object for which they are searching. [United States v. Ross, 456 U.S. 798 (1982)] Thus, if the police have probable cause to believe that drugs are within the vehicle, they can search almost any container, but if they have probable cause to believe that an illegal alien is hiding inside the vehicle, they must limit their search to areas where a person could hide.

a) Passenger’s Belongings
The search is not limited to the driver’s belongings and may extend to packages belonging to a passenger. [Wyoming v. Houghten, 526 U.S. 295 (1999)—search of passenger’s purse upheld where officer noticed driver had syringe in his pocket] Rationale: Like a driver, a passenger has a reduced expectation of privacy in a car.

b) Limited Probable Cause—Containers Placed in Vehicle
If the police only have probable cause to search a container (recently) placed in a vehicle, they may search that container, but the search may not extend to other parts of the car. [California v. Acevedo, 500 U.S. 565 (1991)]
Example: Assume police have probable cause to believe that a briefcase that D is carrying contains illegal drugs. Unless they arrest D, they may not make a warrantless search of the briefcase because no exception to the warrant requirement applies. They follow D, and he places the briefcase in a car. They may then approach D and search the briefcase, even though they could not search it before it was placed in the car. They may not search the rest of the car, however, because D has not had an opportunity to move the drugs elsewhere in the car. Presumably, if some time passes and D has an opportunity to move the drugs, the police will have probable cause to search the entire car.

2) Motor Homes
The automobile exception extends to any vehicle that has the attributes of mobility and a lesser expectation of privacy similar to a car. For example, the Supreme Court has held that it extends to motor homes if they are not at a fixed site. [California v. Carney, 471 U.S. 386 (1985)]

3) Contemporaneousness Not Required
If the police are justified in making a warrantless search of a vehicle under this exception at the time of stopping, they may tow the vehicle to the station and search it later. [Chambers v. Maroney, 399 U.S. 42 (1970)]
Example: A vehicle search, based on probable cause, conducted three days after the vehicle was impounded is permissible. [United States v. Johns, 469 U.S. 478 (1985)]
f. Hot Pursuit, Evanescent Evidence, and Other Emergencies
1) Hot Pursuit Exception
Police officers in hot pursuit of a fleeing felon may make a warrantless search and seizure. The scope of the search may be as broad as may reasonably be necessary to prevent the suspect from resisting or escaping. [Warden v. Hayden, 387 U.S. 294 (1967)] When the police have probable cause and attempt to make a warrantless arrest in a “public place,” they may pursue the suspect into private dwellings. [United States v. Santana, 427 U.S. 38 (1976)]

2) Evanescent Evidence Exception
The police may seize without a warrant evidence likely to disappear before a warrant can be obtained, such as a blood sample containing alcohol [Schmerber v. California, 384 U.S. 757 (1966)] or fingernail scrapings [Cupp v. Murphy, 412 U.S. 291 (1973)].

3) Emergency Aid Exception
Emergencies that threaten health or safety if not immediately acted upon will justify a warrantless search. This includes situations where the police see someone injured or threatened with injury. [See, e.g., Brigham City v. Stuart, 547 U.S. 389 (2006)] Whether an emergency exists is determined objectively, from the officer’s point of view. [Michigan v. Fisher, 130 S. Ct. 546 (2010)] (Some states refer to this as the community caretaker exception.)
Examples: 1) Police responded to a domestic disturbance call at a home. Upon arriving, they found blood on the hood of a pickup truck and windows broken out of the home. They saw defendant through an open window, screaming and with a cut on his hand. An officer asked if medical attention was needed, and defendant told the officer to get a warrant. The officer then opened the house door part way, and defendant pointed a gun at the officer. Evidence of the gun need not be suppressed as the fruit of an unlawful entry. The officer could have objectively believed that the defendant could have attacked a spouse or child who needed aid or that defendant was in danger himself. [Michigan v. Fisher, supra]

2) A warrantless search may be justified to find contaminated food or drugs [see, e.g., North American Cold Storage v. City of Chicago, 211 U.S. 306 (1908)] or to discover the source of a fire while it is burning (but not after it is extinguished) [Michigan v. Tyler, 436 U.S. 499 (1978)].

Compare: The need to search a murder scene, without more, does not justify a warrantless search. [Mincey v. Arizona, 437 U.S. 385 (1978)]

Question 12

The scope of the search for a fleeing fellon may be _____.

Answer 12

as broad as may reasonably be necessary to prevent the suspect from resisting or escaping

Question 13

The police may seize without a warrant evidence likely to disappear before a warrant can be obtained, such as a blood sample containing alcohol [Schmerber v. California, 384 U.S. 757 (1966)] or fingernail scrapings [Cupp v. Murphy, 412 U.S. 291 (1973)]. This is called the _____ exception.

Answer 13

Evanescent Evidence Exception

Question 14

Emergencies that threaten _____ will justify a warrantless search. This includes situations where the police _____. Whether an emergency exists is determined _____. [Michigan v. Fisher, 130 S. Ct. 546 (2010)] (Some states refer to this as the community caretaker exception.)

Answer 14

health or safety if not immediately acted upon

see someone injured or threatened with injury

objectively, from the officer’s point of view

Question 15

Police responded to a domestic disturbance call at a home. Upon arriving, they found blood on the hood of a pickup truck and windows broken out of the home. They saw defendant through an open window, screaming and with a cut on his hand. An officer asked if medical attention was needed, and defendant told the officer to get a warrant. The officer then opened the house door part way, and defendant pointed a gun at the officer. What result with respect to evidence of the gun?

Answer 15

Evidence of the gun need not be suppressed as the fruit of an unlawful entry. The officer could have objectively believed that the defendant could have attacked a spouse or child who needed aid or that defendant was in danger himself.

Emergencies that threaten health or safety if not immediately acted upon will justify a warrantless search. This includes situations where the police see someone injured or threatened with injury. [See, e.g., Brigham City v. Stuart, 547 U.S. 389 (2006)] Whether an emergency exists is determined objectively, from the officer’s point of view. [Michigan v. Fisher, 130 S. Ct. 546 (2010)] (Some states refer to this as the community caretaker exception.)

Question 16

T/F. A warrantless search may be justified to find contaminated food or drugs [see, e.g., North American Cold Storage v. City of Chicago, 211 U.S. 306 (1908)] or to discover the source of a fire while it is burning (but not after it is extinguished) [Michigan v. Tyler, 436 U.S. 499 (1978)].

Answer 16

T

Question 17

T/F. The need to search a murder scene, without more, justifies a warrantless search. [Mincey v. Arizona, 437 U.S. 385 (1978)]

Answer 17

F

does not justify

Question 18

An example of Evanescent Evidence is _____.

Answer 18

The police may seize without a warrant evidence likely to disappear before a warrant can be obtained, such as a blood sample containing alcohol [Schmerber v. California, 384 U.S. 757 (1966)] or fingernail scrapings [Cupp v. Murphy, 412 U.S. 291 (1973)].

Question 19

The standard for determining whether probable cause to arrest exists may be articulated as follows:

The officer must have _____ of _____ sufficient to warrant _____.

Answer 19

knowledge
reasonably trustworthy facts and circumstances

a reasonably prudent person to believe that the suspect has committed or is committing a crime

Question 20

T/F. An officer needs personal knowledge for probable cause.

Answer 20

F.

The choices indicating that the officer must have personal knowledge of the facts is are incorrect; the officer can base the decision on reliable “tips” from others, on a police report, on a police radio broadcast, or the like.

Question 21

T/F. Probable cause requires an officer to know the facts, beyond a reasonable doubt.

Answer 21

F

The choices indicating that the officer must believe beyond reasonable doubt that the suspect is committing or has committed a crime are incorrect because the standard is too onerous; it is sufficient that a reasonable person would believe that a crime has been or was being committed.

Question 22

Under what circumstances can a police officer rely on a tip from an informer to establish reasonable suspicion sufficient for a Terry stop?

Answer 22

When the tip is accompanied by adequate indicia of reliability

Question 23

T/F. The following are all exceptions to the Fourth Amendment warrant requirement, allowing for warrantless searches in situations where quick action is needed:

Hot pursuit of a fleeing felon; emergencies that threaten health or safety; investigation of a murder scene

Answer 23

F

Hot pursuit of a fleeing felon; evanescent evidence; emergencies that threaten health or safety

Question 24

If police unlawfully stop a car filled with multiple occupants, and those occupants are all subsequently arrested and charged with crimes as a result of the stop, which of them has standing to raise the unlawful stop in an attempt to suppress admission of evidence found in the automobile?

Answer 24

Any occupant of the vehicle

Question 25

May a police officer constitutionally stop an automobile for violation of a traffic law with the actual goal of investigating a crime for which the officer lacks reasonable suspicion to justify the stop?

Answer 25

Yes, as long as the officer has probable cause to believe that a traffic law has been broken.

Question 26

What is a stop and frisk?

Answer 26

Police have the authority to briefly detain a person for investigative purposes even if they lack probable cause to arrest. To make such a stop, police must have a reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime. [Terry v. Ohio, 392 U.S. 1 (1968)] Note: If the police also have reasonable suspicion to believe that the detainee is armed and dangerous, they may also conduct a frisk (a limited search) to ensure that the detainee has no weapons.

Question 27

Police have the authority to briefly detain a person for investigative purposes even if they lack _____ to arrest. (Stop and frisk). To make such a stop, police must have _____. [Terry v. Ohio, 392 U.S. 1 (1968)] Note: If the police also have _____, they may also conduct a _____ (a _____) to ensure that the _____ has _____.

Answer 27

a reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime

reasonable suspicion to believe that the detainee is armed and dangerous

frisk

limited search

detainee

no weapons

Question 28

The Court has not specifically defined “reasonable suspicion.” It requires something more than a _____ (e.g., _____ [Brown v. Texas, 443 U.S. 47 (1979)]), but full probable cause is not required. Whether the standard is met is judged under the _____. [United States v. Sokolow, 490 U.S. 1 (1989)]

Answer 28

vague suspicion

it is not enough that the detainee was in a crime-filled area

totality of the circumstances

Question 29

T/F. Reasonable suspicion justifying a stop is present when a suspect flees after noticing the presence of the police.

Answer 29

F

Reasonable suspicion justifying a stop is present when: (i) a suspect who is standing on a corner in a high crime area (ii) flees after noticing the presence of the police. Neither factor standing alone is enough to justify a stop, but together they are sufficiently suspicious. [Illinois v. Wardlow, 528 U.S. 119 (2000)]

Question 30

T/F. Police had reasonable suspicion—and therefore there was no Fourth Amendment violation—where they detained Defendant at an airport while dogs sniffed his bags for drugs based on the following facts known by the police: (i) Defendant paid for airline tickets in cash with small bills; (ii) Defendant traveled under a name that did not match the name for the phone number he gave; (iii) Defendant traveled to a drug source city (Miami) and stayed for only 48 hours, while his flight time was 20 hours; (iv) Defendant appeared nervous; and (v) Defendant refused to check his bags. [United States v. Sokolow, supra] Note: The fact that these suspicious circumstances are part of a drug courier profile used by the police neither helps nor hurts the totality of the circumstances inquiry.

Answer 30

T

Question 31

T/F. Stopping a car is a seizure for Fourth Amendment purposes.

Answer 31

T

Question 32

Stopping a car is a seizure for Fourth Amendment purposes. Thus, generally, police may not stop a car unless they have at least _____.

Answer 32

reasonable suspicion to believe that a law has been violated

However, in certain cases where special law enforcement needs are involved, the Court allows police to set up roadblocks to stop cars without individualized suspicion that the driver has violated some law.

Question 33

Stopping a car is a seizure for Fourth Amendment purposes. Thus, generally, police may not stop a car unless they have at least reasonable suspicion to believe that a law has been violated. However, in certain cases where special law enforcement needs are involved, the Court allows police to set up roadblocks to stop cars without individualized suspicion that the driver has violated some law. To be valid, it appears that such roadblocks must:

Answer 33

(i) Stop cars on the basis of some neutral, articulable standard (e.g., every car or every third car); and
(ii) Be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility.

Compare: The police may not set up roadblocks to check cars for illegal drugs. The nature of such a checkpoint is to detect evidence of ordinary criminal wrongdoing unrelated to use of cars or highway safety. If suspicionless stops were allowed under these circumstances, all suspicionless seizures would be justified. [Indianapolis v. Edmond, supra]

Question 34

T/F. The police may set up roadblocks to check cars for illegal drugs.

Answer 34

F

The nature of such a checkpoint is to detect evidence of ordinary criminal wrongdoing unrelated to use of cars or highway safety. If suspicionless stops were allowed under these circumstances, all suspicionless seizures would be justified. [Indianapolis v. Edmond, supra]

Question 35

An automobile stop constitutes a seizure not only of the automobile’s driver, but also _____.

Answer 35

any passengers as well

Rationale: Such a stop curtails the travel of the passengers as well the driver, and a reasonable passenger in a stopped vehicle would not feel free to leave the scene without police permission. [Brendlin v. California, 551 U.S. 249 (2007)]

Question 36

Officer pulled Driver’s car over for, admittedly, no valid reason. Upon approaching Driver’s car and asking Driver for her license, Officer noticed that Passenger resembled a person wanted for parole violation. Officer confirmed his suspicion via radio and arrested Passenger. Upon searching Passenger, Officer discovered drug paraphernalia. What result?

Answer 36

Held: Passenger has standing to challenge the admissibility of the drug paraphernalia as the fruit of an unlawful seizure.

An automobile stop constitutes a seizure not only of the automobile’s driver, but also any passengers as well. Rationale: Such a stop curtails the travel of the passengers as well the driver, and a reasonable passenger in a stopped vehicle would not feel free to leave the scene without police permission. [Brendlin v. California, 551 U.S. 249 (2007)]

Question 37

If the police set up a roadblock for purposes _____, the roadblock likely will be constitutional. An example would be _____.

Answer 37

other than to seek incriminating information about the drivers stopped

The police set up a roadblock to ask drivers if they had any information about a deadly hit and run that occurred a week earlier, approximately where the roadblock was set up. D was arrested at the roadblock for driving under the influence of alcohol after he nearly ran over one of the officers stationed at the roadblock. The Court held that the roadblock and arrest were constitutional. [Illinois v. Lidster, 540 U.S. 419 (2004)]

Question 38

Provided that a police officer has lawfully stopped a vehicle, in the interest of officer safety, the officer may order _____. Moreover, if the officer _____ that the detainee _____, she may conduct a _____. She may also search the _____ to look for_____, even after _____.

Answer 38

the occupants (i.e., the vehicle’s driver and passengers) to get out

reasonably believes

is armed and dangerous

frisk of the detainee

passenger compartment of the vehicle

weapons

the driver and other occupants have been ordered out of the vehicle

Question 39

T/F. If an officer has reasonable suspicion to believe that a traffic law has been violated, the officer may stop the suspect’s automobile, even if the officer’s ulterior motive is to investigate a crime for which the officer lacks sufficient cause to make a stop.

Answer 39

Probable cause

Question 40

As long as the police do not _____, it does not violate the Fourth Amendment to allow a narcotics detection dog to sniff the car.

Answer 40

extend the valid stop beyond the time necessary to issue a ticket and conduct ordinary inquiries incident to such a stop

Question 41

If the police have _____ to believe that a vehicle such as an automobile contains _____, they may search the vehicle without a warrant.

Answer 41

probable cause

contraband or fruits, instrumentalities, or evidence of a crime

Question 42

If the police have _____ to believe that the car itself is contraband, it may be seized from _____ without a warrant.

Answer 42

probable cause

a public place

On three occasions, the police observed Defendant selling cocaine from his car, giving the police probable cause to believe that Defendant’s car was used to transport cocaine. Under state law, a car used to transport cocaine is considered to be contraband subject to forfeiture. Several months later, the police arrested Defendant on unrelated drug charges while he was at work and seized his car from the parking lot without a warrant, based on their prior observations. While inventorying the contents of the car, the police found cocaine and brought the present drug charges against Defendant. The cocaine was admissible into evidence. Even though the police did not have probable cause to believe that the car contained cocaine when it was seized, they did have probable cause to believe that it was contraband and therefore seizable, and inventory searches of seized items are proper. [Florida v. White, supra]

Question 43

If the police have full probable cause to search a vehicle, they can search _____. [United States v. Ross, 456 U.S. 798 (1982)] If they have probable cause to believe that an illegal alien is hiding inside the vehicle, they must _____.

The search is not limited to _____. However one limitation is that _____.

Answer 43

the entire vehicle (including the trunk) and all containers within the vehicle that might contain the object for which they are searching

Thus, if the police have probable cause to believe that drugs are within the vehicle, they can search almost any container

limit their search to areas where a person could hide

the driver’s belongings and may extend to packages belonging to a passenger—search of passenger’s purse upheld where officer noticed driver had syringe in his pocket] Rationale: Like a driver, a passenger has a reduced expectation of privacy in a car.

If the police only have probable cause to search a container (recently) placed in a vehicle, they may search that container, but the search may not extend to other parts of the car.

Question 44

Police stop a vehicle with PC. Search of passenger’s purse upheld where officer noticed driver had syringe in his pocket. Why?

Answer 44

1) Scope of Search
If the police have full probable cause to search a vehicle, they can search the entire vehicle (including the trunk) and all containers within the vehicle that might contain the object for which they are searching. [United States v. Ross, 456 U.S. 798 (1982)] Thus, if the police have probable cause to believe that drugs are within the vehicle, they can search almost any container, but if they have probable cause to believe that an illegal alien is hiding inside the vehicle, they must limit their search to areas where a person could hide.

a) Passenger’s Belongings
The search is not limited to the driver’s belongings and may extend to packages belonging to a passenger. [Wyoming v. Houghten, 526 U.S. 295 (1999)—search of passenger’s purse upheld where officer noticed driver had syringe in his pocket] Rationale: Like a driver, a passenger has a reduced expectation of privacy in a car.

Question 45

Assume police have probable cause to believe that a briefcase that D is carrying contains illegal drugs. Unless they _____, they may not make a warrantless search of the briefcase because no exception to the warrant requirement applies. They follow D, and he places the briefcase in a car. They may then approach D and search the briefcase, even though _____. They may not search the rest of the car, however, because _____. Presumably, if _____, the police will have probable cause to search the entire car.

Answer 45

arrest D

they could not search it before it was placed in the car

D has not had an opportunity to move the drugs elsewhere in the car

some time passes and D has an opportunity to move the drugs

NOTES:

1) Scope of Search
If the police have full probable cause to search a vehicle, they can search the entire vehicle (including the trunk) and all containers within the vehicle that might contain the object for which they are searching. [United States v. Ross, 456 U.S. 798 (1982)] Thus, if the police have probable cause to believe that drugs are within the vehicle, they can search almost any container, but if they have probable cause to believe that an illegal alien is hiding inside the vehicle, they must limit their search to areas where a person could hide.

a) Passenger’s Belongings
The search is not limited to the driver’s belongings and may extend to packages belonging to a passenger. [Wyoming v. Houghten, 526 U.S. 295 (1999)—search of passenger’s purse upheld where officer noticed driver had syringe in his pocket] Rationale: Like a driver, a passenger has a reduced expectation of privacy in a car.

b) Limited Probable Cause—Containers Placed in Vehicle
If the police only have probable cause to search a container (recently) placed in a vehicle, they may search that container, but the search may not extend to other parts of the car. [California v. Acevedo, 500 U.S. 565 (1991)]

Question 46

The automobile exception extends to any vehicle that has the attributes of mobility and a lesser expectation of privacy similar to a car. For example, the Supreme Court has held that it extends to _____.

Answer 46

motor homes if they are not at a fixed site

Question 47

Under the automobile exception, if the police have probable cause to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant. If the police are justified in making a warrantless search of a vehicle under this exception at the time of stopping, they may _____.

Answer 47

tow the vehicle to the station and search it later

Question 48

T/F. A vehicle search, based on probable cause, conducted three days after the vehicle was impounded is permissible.

Answer 48

T

Question 49

Under what circumstances is a police officer permitted to search the inside of a vehicle after arresting an occupant of the vehicle?

Answer 49

If the arrestee is not secured or the police officer has reason to believe that the vehicle harbors evidence related to the crime of arrest

Question 50

The plain view exception to the warrant requirement applies only to situations where _____.

Answer 50

Situations where it is immediately apparent that the items are evidence, contraband, or fruits or instrumentalities of a crime

Question 51

T/F. The pictures are not likely to be suppressed where:

An informer tells the police that he suspects an acquaintance is counterfeiting money in his garage, the police offer to pay the informer $500 to obtain evidence, and the informer breaks into the garage and takes pictures of the press.

Answer 51

F

Question 52

T/F. The pictures are not likely to be suppressed where:

A private citizen breaks into his neighbor’s garage hoping to recover a lawnmower that the citizen loaned to the neighbor, discovers a printing press counterfeiting money, and calls the police; the police ask the citizen to go back to take pictures of the press and the citizen complies.

Answer 52

F

Question 53

What standard must the police must meet in order to seize a person for investigatory purposes?

Answer 53

The police may not seize a person for investigatory purposes unless they have at least reasonable suspicion to investigate based on articulable facts

Question 54

For Fourth Amendment purposes, a seizure of a person occurs:

Answer 54

Only if under the circumstances a reasonable person would believe he is not free to leave

Question 55

T/F. A person does not have a reasonable expectation of privacy in premises if she owned the premises, but had never lived there.

Answer 55

F

Question 56

T/F. A person does not have a reasonable expectation of privacy in premises if she came to the premises that were searched to buy drugs.

Answer 56

T

Question 57

Although government-required drug testing constitutes a search, the Supreme Court has upheld such testing without a warrant, probable cause, or even individualized suspicion when _____.

Answer 57

justified by “special needs” beyond the general interest of law enforcement

Examples: 1) The government can require railroad employees who are involved in accidents to be tested for drugs after the accidents. [Skinner v. Railway Labor Executives’ Association, 489 U.S. 602 (1989)]

2) The government can require persons seeking Customs positions connected to drug interdiction to be tested for drugs. There is a special need for such testing because persons so employed will have ready access to large quantities of drugs. [National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989)]
3) The government can require public school students who participate in any extracurricular activities to submit to random drug tests because of the special interest schools have in the safety of their students. [Board of Education v. Earls, supra]

Compare: 1) Special needs do not justify a warrantless and nonconsensual urinalysis test to determine whether a pregnant woman has been using cocaine, where the main purpose of the testing is to generate evidence that may be used by law enforcement personnel to coerce women into drug programs. [Ferguson v. Charleston, 532 U.S. 67 (2001)]

2) The government may not require candidates for state offices to certify that they have taken a drug test within 30 days prior to qualifying for nomination or election—there is no special need for such testing. [Chandler v. Miller, 520 U.S. 305 (1997)]

Question 58

T/F. The government cannot require railroad employees who are involved in accidents to be tested for drugs after the accidents.

Answer 58

F

Although government-required drug testing constitutes a search, the Supreme Court has upheld such testing without a warrant, probable cause, or even individualized suspicion when justified by “special needs” beyond the general interest of law enforcement.
Examples: 1) The government can require railroad employees who are involved in accidents to be tested for drugs after the accidents. [Skinner v. Railway Labor Executives’ Association, 489 U.S. 602 (1989)]

Question 59

T/F. The government can require persons seeking Customs positions connected to drug interdiction to be tested for drugs. There is a special need for such testing because persons so employed will have ready access to large quantities of drugs. [National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989)]

Answer 59

T

Although government-required drug testing constitutes a search, the Supreme Court has upheld such testing without a warrant, probable cause, or even individualized suspicion when justified by “special needs” beyond the general interest of law enforcement.

Question 60

Special needs do not justify a warrantless and nonconsensual urinalysis test to determine whether a pregnant woman has been using cocaine, where the main purpose of the testing is to _____.

Answer 60

generate evidence that may be used by law enforcement personnel to coerce women into drug programs

Question 61

T/F. The government may not require candidates for state offices to certify that they have taken a drug test within 30 days prior to qualifying for nomination or election—there is no special need for such testing.

Answer 61

T

Although government-required drug testing constitutes a search, the Supreme Court has upheld such testing without a warrant, probable cause, or even individualized suspicion when justified by “special needs” beyond the general interest of law enforcement.

Question 62

For the police to rely on consent to search a house, the consent must be given by:

Answer 62

Someone with actual or apparent authority to consent

Question 63

Public school searches conducted on school grounds must offer _____.

Answer 63

at least a moderate chance of finding evidence of wrongdoing

Question 64

T/F. Low altitude aerial photographing of a home using a telephoto lens is not likely to be considered a 4th Amendment search.

Answer 64

T

Question 65

The Fourth Amendment prohibits unreasonable searches and seizures. The Supreme Court has held that only a person with _____ can challenge a search or seizure on Fourth Amendment grounds to bar the use of the fruits of the search as evidence at trial. An intrusion into a place or thing in which the defendant does not have a reasonable expectation of privacy is _____ a search for Fourth Amendment purposes.

Answer 65

a reasonable expectation of privacy in a place searched or an item seized

not considered

Question 66

If a police officer makes a traffic stop as a pretext to investigate a some other crime for which the officer lacks probable cause the _____ will be valid if _____.

Answer 66

stop

the officer had probable cause to make the traffic stop

Question 67

T/F. There is an exception to the warrant requirement for searches incident to arrest. While the exception is based in part on the safety of police officers, the arresting officer need not fear for his safety before conducting the search. In certain circumstances, the search may extend beyond the arrestee’s person.
The search after arrest is valid without a search warrant or other facts justifying when:

A police officer searches the interior of the arrestee’s car after he was stopped for driving without a license and placed within a squad car.

Answer 67

F.

A search of the interior of an automobile incident to arrest may be performed only if the arrestee is not secured or if the police have reasonable suspicion that the automobile harbors evidence of the crime for which the arrest was made. Under the facts here, neither of the qualifying circumstances is present. Therefore, the warrantless search exception for searches incident to arrest does not apply and the search was invalid under the Fourth Amendment.

Question 68

A search of the interior of an automobile incident to arrest may be performed only if _____.

Answer 68

the arrestee is not secured or if the police have reasonable suspicion that the automobile harbors evidence of the crime for which the arrest was made.

Question 69

A search incident to arrest can extend to areas within the arrestee’s reach. Moreover, even though the exception is for the protection of police officers, the officer need not _____.

Answer 69

have reason to believe that weapons, evidence, or contraband will be found in the area searched, as long as it is within the arrestee’s immediate reach

Question 70

T/F. There is an exception to the warrant requirement for searches incident to arrest. While the exception is based in part on the safety of police officers, the arresting officer need not fear for his safety before conducting the search. In certain circumstances, the search may extend beyond the arrestee’s person.
The search after arrest is valid without a search warrant or other facts justifying when:A police officer arrests a person on domestic battery charges just outside his home, allows the person to reenter to get a pack of cigarettes, accompanies him, searches the drawer in which the person reached for the cigarettes, and finds a vial of crack cocaine.

Answer 70

T

The search within the arrestee’s reach at the time of arrest (also known as the arrestee’s wingspan or grab area) is valid. A search incident to arrest can extend to areas within the arrestee’s reach. Moreover, even though the exception is for the protection of police officers, the officer need not have reason to believe that weapons, evidence, or contraband will be found in the area searched, as long as it is within the arrestee’s immediate reach.

The search of the drawer also is valid. This is an application of the above rule that officers may search not only the arrestee’s person, but also his wingspan. An arrestee’s wingspan moves as the arrestee moves.

Question 71

A search incident to arrest can include a protective sweep of the premises in which the person was arrested if the arresting officer has _____.

Answer 71

reason to believe that accomplices may be present

Question 72

For traffic violations, if the suspect is not arrested, there can be no _____, even if _____.

Answer 72

search incident to arrest

state law gives the officer the option of arresting a suspect or issuing a citation

Question 73

A nonconsensual automobile search conducted after the suspect was issued a citation for driving 43 m.p.h. in a 25 m.p.h. zone was illegal, and contraband found during the search was excluded from evidence because . . .

Answer 73

The police may conduct a search incident to arrest whenever they arrest a person, and this is true even if the arrest is invalid under state law, as long as the arrest was constitutionally valid (e.g., reasonable and based on probable cause). Although the rationale for the search is to protect the arresting officer and to preserve evidence, the police need not actually fear for their safety or believe that they will find evidence of a crime as long as the suspect is placed under arrest. [United States v. Robinson, 414 U.S. 218 (1973)]

a) Issuance of Traffic Citation—Insufficient Basis
For traffic violations, if the suspect is not arrested, there can be no search incident to arrest, even if state law gives the officer the option of arresting a suspect or issuing a citation. [Knowles v. Iowa, 525 U.S. 113 (1999)—a nonconsensual automobile search conducted after the suspect was issued a citation for driving 43 m.p.h. in a 25 m.p.h. zone was illegal, and contraband found during the search was excluded from evidence] Rationale: When a citation is issued, there is less of a threat to the officer’s safety than there is during an arrest, and the only evidence that needs to be preserved in such a case (e.g., evidence of the suspect’s speeding or other illegal conduct) has already been found.

Question 74

After arresting the occupant of an automobile, the police may search the interior of the auto incident to the arrest if at the time of the search:

Answer 74

(i) The arrestee is unsecured and still may gain access to the interior of the vehicle; or
(ii) The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.

Question 75

A police officer stopped a vehicle for speeding. Upon approaching the vehicle, he smelled burnt marijuana and saw an envelope on the floor marked with the street name of a certain type of marijuana. He ordered the car’s four occupants out of the vehicle and arrested them for unlawful possession of marijuana. Having only one pair of handcuffs and no assistance, he could not secure the arrestees. He had them stand apart from each other and proceeded to search the vehicle. During the search, the officer discovered cocaine in a jacket in the vehicle. The search was a valid search incident to arrest either because _____.

Answer 75

an “unsecured” arrestee easily could have gained access to the vehicle, or because the officer could reasonably believe that the vehicle contained evidence of the drug charge on which he arrested the occupants.

Question 76

The police arrested defendant for driving on a suspended license shortly after he stepped out of his car. Defendant was then handcuffed and placed in a squad car. The police then searched the passenger compartment of defendant’s car and found cocaine in a jacket in the car. The search here was an invalid search incident to arrest because _____.

Answer 76

Because defendant was handcuffed and locked in a squad car, he could not likely gain access to the interior of his car in order to destroy evidence or procure a weapon. Nor did the police have any reason to believe that the car contained any evidence relevant to the charge of driving on a suspended license.

Question 77

T/F. A search incident to an arrest need not be contemporaneous in time and place with the arrest.

Answer 77

F.

MUST BE

NOTE: At least with regard to searches of automobiles, the term “contemporaneous” does not necessarily mean “simultaneous.” Thus, for example, if the police have reason to believe that an automobile from which a person was arrested contains evidence of the crime for which the arrest was made, they may search the interior of the automobile incident to arrest after the arrestee has been removed from the automobile and placed in a squad car; and this is so even if the arrestee was already outside of the automobile at the time he was arrested, as long as he was a recent occupant of the automobile. [See Thornton v. United States, 541 U.S. 615 (2004)]

Question 78

T/F. The police may search an arrestee’s personal belongings before incarcerating him after a valid arrest. [Illinois v. Lafayette, 459 U.S. 986 (1983)] Similarly, the police may search an entire vehicle—including closed containers within the vehicle—that has been impounded.

Answer 78

T

Question 79

What is the good faith exception to the exclusionary rule?

Answer 79

The exclusionary rule does not apply when the police arrest or search someone erroneously but in good faith, thinking that they are acting pursuant to a valid arrest warrant, search warrant, or law. [United States v. Leon, 468 U.S. 897 (1984); Herring v. United States, 129 S. Ct. 695 (2009)] Rationale: One of the main purposes of the exclusionary rule is to deter improper police conduct, and this purpose cannot be served where police are acting in good faith.

a. Exceptions to Good Faith Reliance on Search Warrant
The Supreme Court has suggested four exceptions to the good faith defense for reliance on a defective search warrant. A police officer cannot rely on a defective search warrant in good faith if:

1) The affidavit underlying the warrant is so lacking in probable cause that no reasonable police officer would have relied on it;
2) The warrant is defective on its face (e.g., it fails to state with particularity the place to be searched or the things to be seized);
3) The police officer or government official obtaining the warrant lied to or misled the magistrate; or
4) The magistrate has “wholly abandoned his judicial role.”

Question 80

T/F. The exclusionary rule does not apply when the police arrest or search someone erroneously but in good faith.

Answer 80

T

Question 81

Assume that an officer has reasonable suspicion to conduct a Terry stop. Under what circumstances may the officer also frisk the person he has stopped?

Answer 81

If the officer reasonably believes that the suspect is armed and dangerous

Question 82

To be valid, a warrant must:

Answer 82

(i) Be issued by a neutral and detached magistrate;
(ii) Be based on probable cause established from facts submitted to the magistrate by a government agent upon oath or affirmation; and
(iii) Particularly describe the place to be searched and the items to be seized.

Question 83

One of the requirements for a valid warrant is that it must be based on reasonable suspicion established from facts submitted to the magistrate by a government agent upon oath or affirmation

Answer 83

F

PC

Question 84

Only the _____ may execute a warrant.

Answer 84

police (and not private citizens)

Question 85

When executing a warrant in a home, the police may not be accompanied by _____.

Answer 85

a member of the media or any other third party unless the third party is there to aid in executing the warrant (e.g., to identify stolen property that might be found in the home).

Question 86

The warrant should be executed without unreasonable delay because _____.

Answer 86

probable cause may disappear

Question 87

Knock and announce rule:

Answer 87

Generally, an officer executing a search warrant must knock and announce her authority and purpose and await admittance for a reasonable time or be refused admittance before using force to enter the place to be searched.

a) Sufficiency of Delay
If the officers executing a warrant have a reasonable fear that evidence, such as cocaine, will be destroyed after they announce themselves, a limited 15-20 second delay before using force to enter the house is reasonable. [United States v. Banks, 540 U.S. 31 (2004)]

b) “No Knock” Entry Possible
No announcement need be made if the officer has reasonable suspicion, based on facts, that knocking and announcing would be dangerous or futile or that it would inhibit the investigation, e.g., because it would lead to the destruction of evidence. [Richards v. Wisconsin, 520 U.S. 385 (1997)] Whether a “no knock” entry is justified must be made on a case-by-case basis; a blanket exception for warrants involving drug investigations is impermissible. [Richards v. Wisconsin, supra] Note: The fact that property damage will result from a “no knock” entry does not require a different standard—reasonable suspicion is sufficient.
[United States v. Ramirez, 523 U.S. 65 (1998)]

Question 88

Generally, an officer executing a search warrant must knock and announce her authority and purpose and await admittance for a reasonable time or be refused admittance before using force to enter the place to be searched.

a) Sufficiency of Delay
If the officers executing a warrant have a _____ that evidence, such as cocaine, will be destroyed after they announce themselves, a limited _____ delay before using force to enter the house is reasonable. [United States v. Banks, 540 U.S. 31 (2004)]

b) “No Knock” Entry Possible
No announcement need be made if the officer has _____ that knocking and announcing _____. Whether a “no knock” entry is justified must be made on _____; which means a _____ exception for warrants involving drug investigations is impermissible. [Richards v. Wisconsin, supra] Note: The fact that property damage will result from a “no knock” entry _____ require a different standard—reasonable suspicion is sufficient.
[United States v. Ramirez, 523 U.S. 65 (1998)]

Answer 88

reasonable fear

15-20 second

reasonable suspicion, based on facts,

would be dangerous or futile or that it would inhibit the investigation, e.g., because it would lead to the destruction of evidence. [Richards v. Wisconsin, 520 U.S. 385 (1997)]

a case-by-case basis

blanket

does not

Question 89

The fact that property damage will result from a “no knock” entry does not require a different standard—_____ is sufficient.
[United States v. Ramirez, 523 U.S. 65 (1998)]

Answer 89

reasonable suspicion

Question 90

The Supreme Court has held that the exclusionary rule will not be applied to cases where officers violate _____.

Answer 90

the knock and announce rule

Question 91

What is the scope of a search performed pursuant to a warrant?

Answer 91

The scope of the search is limited to what is reasonably necessary to discover the items described in the warrant.

Question 92

When a search performed pursuant to a warrant, what may be seized?

Answer 92

When executing a warrant, the police generally may seize any contraband or fruits or instrumentalities of crime that they discover, whether or not specified in the warrant.

Question 93

T/F. A search warrant does not authorize the police to search persons found on the premises who are not named in the warrant.

Answer 93

T.

[Ybarra v. Illinois, 444 U.S. 85 (1979)] If the police have probable cause to arrest a person discovered on the premises to be searched, however, they may search her incident to the arrest.

Question 94

A warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain _____.

Answer 94

occupants of the premises while a proper search is conducted

Question 95

T/F. The police may stop automobiles for investigatory purposes even without reasonable suspicion if they make the stops on a neutral, articulable basis to investigate a problem closely related to the mobility of automobiles.

Answer 95

T

Question 96

All warrantless arrests made inside an arrestee’s home are presumed _____.

Answer 96

Presumed invalid, but that presumption may be rebutted

Question 97

T/F. An immigration officer may search a vehicle for illegal aliens without probable cause for the search at the border or its functional equivalent and while on roving patrols away from the border.

Answer 97

F

At the border or its functional equivalent only

Question 98

T/F. The probable cause to arrest standard requires that a police officer have personal knowledge of reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime.

Answer 98

F

knowledge (doesn’t have to be personal knowledge)

Question 99

T/F. The warrant must be based on probable cause; particularly describe the place or person to be searched; contain a bond for damages in case the warrant was improvidently granted

Answer 99

F. No bond.

The warrant must be issued by a neutral magistrate; be based on probable cause; and particularly describe the place or person to be searched

Question 100

T/F. Under the Fourth Amendment, probable cause to search an automobile allows the police to search the automobile and the belongings of occupants that can harbor items for which the officers have probable cause to search, but not the occupants themselves absent reasonable suspicion that they are armed and dangerous

Answer 100

F

Allows the police to search the automobile, all occupants, and their belongings that can harbor items for which the officers have probable cause to search

Question 101

T/F. Under the Fourth Amendment, probable cause to search an automobile allows the police to search the automobile and its occupants, but not their belongings unless the police have probable cause to believe the item for which they are searching is in the belonging being searched

Answer 101

F

Allows the police to search the automobile, all occupants, and their belongings that can harbor items for which the officers have probable cause to search

Question 102

Under the Fourth Amendment, probable cause to search an automobile allows the police to search _____.

Answer 102

the automobile, all occupants, and their belongings that can harbor items for which the officers have probable cause to search.

Question 103

Under what circumstances is a police officer permitted to search the inside of a vehicle after arresting an occupant of the vehicle?

Answer 103

If the arrestee is not secured or the police officer has reason to believe that the vehicle harbors evidence related to the crime of arrest

Question 104

The Supreme Court has held that one does have a reasonable expectation of privacy in _____ of one’s luggage. Interestingly, though, the Supreme Court has held that one does NOT have a privacy interest in the _____ of one’s luggage.

Answer 104

the feel

smell

the smell is held out to the public—so drug and bomb sniffing dogs can sniff away and this does not constitute a search.

Question 105

To have a Fourth Amendment right, a person must have a legitimate expectation of privacy with respect to the place searched or the item seized.

It is not enough merely that someone has an expectation of privacy in the place searched or the item seized. The Supreme Court has imposed a standing requirement so that a person can complain about an evidentiary search or seizure only if it violates his own reasonable expectations of privacy. [Rakas v. Illinois, 439 U.S. 128 (1978)] Whether a person has a legitimate expectation of privacy generally is based on the totality of the circumstances, considering factors such as ownership of the place searched and location of the item seized. [Rawlings v. Kentucky, 448 U.S. 98 (1980)] The Court has held that a person has a legitimate expectation of privacy any time:

In addition to not having a privacy interest in the smell of one’s luggage, the Supreme Court has held a person does not have a reasonable expectation of privacy in the following things held out to the public:

Answer 105

(i) She owned or had a right to possession of the place searched;
(ii) The place searched was in fact her home, whether or not she owned or had a right to possession of it; or
(iii) She was an overnight guest of the owner of the place searched [Minnesota v. Olson, 495 U.S. 91 (1990)].

________

(i) The sound of one’s voice;
(ii) The movement of one’s car on a public road (even if detection of movement requires use of a tracking device placed on the car);
(iii) Account records held by a bank;
(iv) One’s handwriting;
(v) The paint on the outside of one’s car; and
(vi) Magazines one offers for sale.

Question 106

T/F. As long as the police have lawfully stopped a car and do not extend the stop beyond the time necessary to issue a ticket and conduct ordinary inquiries incident to such a stop, a dog sniff of the car does not implicate the Fourth Amendment.

Answer 106

T

Question 107

What is the “Open Fields” Doctrine?

Answer 107

To have a Fourth Amendment right, a person must have a legitimate expectation of privacy with respect to the place searched or the item seized.
Under the “open fields” doctrine, areas outside the “curtilage” (dwelling house and outbuildings) are subject to police entry and search—these areas are “held out to the public” and are unprotected by the Fourth Amendment. (The Court will consider the building’s proximity to the dwelling, whether it is within the same enclosure—such as a fence—that surrounds the house, whether the building is used for activities of the home, and the steps taken by the resident to protect the building from the view of passersby.) [Oliver v. United States, 466 U.S. 170 (1984)] Even a building such as a barn may be considered to be outside the curtilage and therefore outside the protection of the Fourth Amendment. [United States v. Dunn, 480 U.S. 294 (1987)] In addition, the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. [California v. Greenwood, 486 U.S. 35 (1988)]

Question 108

What is the 4th Amend expectation of privacy with respect to fly-overs and VIN numbers?

Answer 108

Fly-Overs
The police may, within the Fourth Amendment, fly over a field or yard to observe with the naked eye things therein. [California v. Ciraolo, 476 U.S. 207 (1986)] Even a low (400 feet) fly-over by a helicopter to view inside a partially covered greenhouse is permissible. [Florida v. Riley, 488 U.S. 445 (1989)—plurality decision based on flight being permissible under FAA regulations] The police may also take aerial photographs of a particular site. [Dow Chemical Co. v. United States, 476 U.S. 227 (1986)]

a) Compare—Technologically Enhanced Searches of Homes
The Supreme Court has held that because of the strong expectation of privacy within one’s home, obtaining by sense enhancing technology any information regarding the interior of a home that could not otherwise have been obtained without physical intrusion constitutes a search, at least where the technology in question is not in general public use. [Kyllo v. United States, 533 U.S. 27 (2001)—use of thermal imager on defendant’s home from outside the curtilage to detect the presence of high intensity lamps commonly used to grow marijuana constitutes a search]

4) Vehicle Identification Numbers
A police officer may constitutionally reach into an automobile to move papers to observe the auto’s vehicle identification number. [New York v. Class, 475 U.S. 106 (1986)]

Question 109

Under the plain view exception to the warrant requirement, what is required?

Answer 109

It must be immediately apparent that the item is evidence, contraband, or a fruit or instrumentality of a crime.
The police must be legitimately on the premises where the item is found.
The item must be evidence, contraband, or a fruit or instrumentality of a crime.

Question 110

T/F. The exclusionary rule is a judge made rule providing that evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment generally may not be admitted into evidence.

Answer 110

T

Question 111

T/F. Probable cause need not be based on personal observations, but the officer must reasonably believe that the suspect has committed or is committing a crime.

Answer 111

T

Question 112

T/F. To conduct a frisk of a person stopped for investigative purposes without a warrant, the police must have reason to believe that the suspect is armed and dangerous or that the suspect is harboring evidence of a crime on his person

Answer 112

F

The police need only have reason to believe that the suspect is armed and dangerous.

A warrantless search is not justified by a belief that the suspect is harboring evidence of a crime on his person.

Question 113

May a police officer ever stop an automobile for investigatory purposes without reasonable suspicion to investigate?

Answer 113

Yes, if she makes the stop on a neutral, articulable basis to investigate a problem closely related to the mobility of automobiles

Question 114

If the police have probable cause to search an automobile, they __________ search the __________ belongings as well.

Answer 114

May; driver’s or passenger’s

Question 115

T/F. A warrantless arrest may be made in a person’s home if the police have probable cause to believe that the arrestee committed a felony and may be found in the home.

Answer 115

F

Question 116

T/F. All warrantless arrests in the arrestee’s home are presumed invalid, but the presumption may be rebutted.

Answer 116

T

Question 117

If a police officer has an articulable reasonable suspicion of a person’s involvement in criminal activity, the officer may stop the person (a Terry stop). When making such a stop, the officer may also perform a pat down (i.e., frisk) of the suspect’s outer clothing __________.

Answer 117

to search for weapons, but only if the officer has reason to believe that the suspect is armed and dangerous

Question 118

T/F. If a police officer has an articulable reasonable suspicion of a person’s involvement in criminal activity, the officer may stop the person (a Terry stop). When making such a stop, the officer may also perform a pat down (i.e., frisk) of the suspect’s outer clothing automatically, to discover weapons.

Answer 118

F

to search for weapons, but only if the officer has reason to believe that the suspect is armed and dangerous

Question 119

T/F. If a police officer has an articulable reasonable suspicion of a person’s involvement in criminal activity, the officer may stop the person (a Terry stop). When making such a stop, the officer may also perform a pat down (i.e., frisk) of the suspect’s outer clothing for more than weapons if the officer has reason to believe that the suspect is concealing such items.

Answer 119

F

Generally the search is only for weapons. An officer may seize an item that does not feel like a weapon only if by its plain feel or smell the officer immediately recognizes it—without manipulation—as contraband.

Question 120

During a Terry Stop, the search is generally only for weapons. An officer may seize an item that does not feel like a weapon only if _____.

Answer 120

by its plain feel or smell the officer immediately recognizes it—without manipulation—as contraband

Question 121

The police may conduct a valid warrantless search if they have a voluntary consent to do so. Knowledge of the right to withhold consent, _____.

Answer 121

while a factor to be considered, is not a prerequisite to establishing a voluntary consent

Question 122

T/F. An officer’s false announcement that she has a warrant negates the possibility of consent.

Answer 122

T

Question 123

Authority to Consent
Any person with _____ may consent to a search, and any evidence found may be used against _____. The search is valid even if _____, as long as the police _____. [Illinois v. Rodriguez, 497 U.S. 177 (1990)]

a) Limitation—
The police may not act on consent from an occupant if _____.

b) Parents and Children
A parent generally has authority to consent to a search of a child’s room (even an _____), as long as _____.

Whether a child has authority to consent to a search of a parent’s house or hotel room is a question of whether it is ______.

Answer 123

an apparent equal right to use or occupy the property

the other owners or occupants

it turns out that the person consenting to the search did not actually have such right

reasonably believed that the person had authority to consent

a co-occupant is present and objects to the search and the search is directed against the co-occupant. [Georgia v. Randolph, 547 U.S. 103 (2006)]

adult child

the parent has access to the room, but, depending on the child’s age, might not have authority to consent to a search of locked containers within the child’s room

reasonable to believe that the child had such authority. [See United States v. Gutierrez-Hermosillo, 142 F.3d 1225 (10th Cir. 1998)—14-year-old had authority to allow police into father’s hotel room while father was present] Even a relatively young child probably has authority to consent to a search of the common areas of a home or her own room. [See, e.g., Lenz v. Winburn, 51 F.3d 1540 (11th Cir. 1995)—nine-year-old had authority to consent to entry into her home]

Question 124

(Consent) The scope of the search is limited by the scope of _____. However, consent extends to ______.

Answer 124

the consent

all areas to which a reasonable person under the circumstances would believe it extends

Question 125

T/F. Police stopped D for a traffic violation, told him that they suspected him of carrying drugs, and asked for permission to search the car. D consented. The officers found a bag containing cocaine. At trial, D argued that his consent did not extend to any closed container (the bag). What result?

Answer 125

The Supreme Court held that because D knew the police were searching for drugs and did not place any restriction on his consent, it was reasonable for the police to believe that the consent extended to all areas where drugs might be found. [Florida v. Jimeno, 500 U.S. 248 (1991)]

Question 126

T/F. There is no expectation of privacy in one’s handwriting.

Answer 126

T

Question 127

In order to be considered “in custody” for Miranda purposes, a person must be:

Answer 127

Involuntarily detained

Question 128

T/F. Miranda warnings must be given before questioning begins when a defendant is meeting with a psychiatrist for a state-ordered examination.

Answer 128

T

Question 129

T/F. the following items of information are included in Miranda warnings:

The detainee has the right to remain silent; she has a right to counsel; she has the right to be informed of the charges against her

Answer 129

F

The detainee has the right to remain silent; anything she says can be used against her in court; she has the right to counsel

Question 130

The exclusionary rule is a judge-made doctrine that prohibits the introduction, at a criminal trial, of evidence obtained in violation of a defendant’s _____ Amendment rights.

Answer 130

Fourth, Fifth, or Sixth

Question 131

T/F. The fruits derived from statements obtained in violation of Miranda may be admissible despite the exclusionary rule.

Answer 131

T

Question 132

In recent cases, the Court has emphasized that in deciding whether to apply the exclusionary rule, lower courts must balance _____.

Answer 132

the rule’s purpose (i.e., deterrence of police misconduct) against its costs (i.e., the exclusion of probative evidence). Therefore, exclusion of tainted evidence, including fruit of the poisonous tree, is not automatic; whether exclusion is warranted in a given case depends on “the culpability of the police and the potential of the exclusion to deter wrongful police conduct.” [Herring v. United States, 555 U.S. 135 (2009)]

Question 133

T/F. Exclusion of tainted evidence, including fruit of the poisonous tree, is not automatic.

Answer 133

T

In recent cases, the Court has emphasized that in deciding whether to apply the exclusionary rule, lower courts must balance the rule’s purpose (i.e., deterrence of police misconduct) against its costs (i.e., the exclusion of probative evidence). Therefore, exclusion of tainted evidence, including fruit of the poisonous tree, is not automatic; whether exclusion is warranted in a given case depends on “the culpability of the police and the potential of the exclusion to deter wrongful police conduct.” [Herring v. United States, 555 U.S. 135 (2009)]

Question 134

Police illegally search a warehouse and discover marijuana, but do not seize it. The police later return to the warehouse with a valid warrant based on information totally unrelated to the illegal search. If police seize the marijuana pursuant to the warrant, the marijuana _____ admissible. [Murray v. United States, 487 U.S. 533 (1988)]

Answer 134

is

Evidence is admissible if the prosecution can show that it was obtained from a source independent of the original illegality.

Question 135

The defendant was released on his own recognizance after an illegal arrest but later returned to the station to confess. Is the confession admissible?

Answer 135

This voluntary act of free will removed any taint from the confession. [Wong Sun v. United States, supra]

Question 136

D was arrested without probable cause and brought to the police station. The police read D his Miranda warnings three times and permitted D to see two friends. After being at the station for six hours, D confessed. The confession _____ because _____.

Answer 136

must be excluded

it is the direct result of the unlawful arrest—if D had not been arrested illegally, he would not have been in custody and would not have confessed.

Compare: Police have probable cause to arrest D. They go to D’s home and improperly arrest him without a warrant, in violation of the Fourth Amendment. D confesses at home, and the police then take him to the station. D confesses again at the station. The home confession must be excluded from evidence because it is the fruit of the illegal arrest, but the station house confession is admissible because it is not a fruit of the unlawful arrest. Because the police had probable cause to arrest D, they did not gain anything from the unlawful arrest—they could have lawfully arrested D the moment he stepped outside of his home and then brought him to the station for his confession. Thus, the station house confession was not an exploitation of the police misconduct; i.e., it was not a fruit of the fact that D was arrested at home as opposed to somewhere else. [New York v. Harris, 495 U.S. 14 (1990)]

Question 137

Police have probable cause to arrest D. They go to D’s home and improperly arrest him without a warrant, in violation of the Fourth Amendment. D confesses at home, and the police then take him to the station. D confesses again at the station. The home confession _____.

The station house confession _____.

Answer 137

must be excluded from evidence because it is the fruit of the illegal arrest

is admissible because it is not a fruit of the unlawful arrest. Because the police had probable cause to arrest D, they did not gain anything from the unlawful arrest—they could have lawfully arrested D the moment he stepped outside of his home and then brought him to the station for his confession. Thus, the station house confession was not an exploitation of the police misconduct; i.e., it was not a fruit of the fact that D was arrested at home as opposed to somewhere else. [New York v. Harris, 495 U.S. 14 (1990)]

Question 138

T/F. Even if the prosecution can show that the police would have discovered the evidence whether or not they had acted unconstitutionally, the evidence will not be admissible.

Answer 138

F

If the prosecution can show that the police would have discovered the evidence whether or not they had acted unconstitutionally, the evidence will be admissible.

Question 139

It is difficult for a defendant to have live witness testimony excluded as the fruit of illegal police conduct, because a more direct link between the unconstitutional police conduct and the testimony is required than for exclusion of other evidence. The factors a court must consider in determining whether a sufficiently direct link exists include _____.

Answer 139

the extent to which the witness is freely willing to testify and the extent to which excluding the witness’s testimony would deter future illegal conduct.

Question 140

T/F. The defendant may not exclude the witness’s in-court identification on the ground that it is the fruit of an unlawful detention.

Answer 140

T

Question 141

After receiving Miranda warnings, a detainee has several options:

Answer 141

do nothing, waive his Miranda rights, assert the right to remain silent, or assert the right to consult with an attorney.

Question 142

If the detainee does not respond at all to Miranda warnings, the Court will _____.

Answer 142

not presume a waiver [see Fare v. Michael, 442 U.S. 707 (1979)], but neither will the Court presume that the detainee has asserted a right to remain silent or to consult with an attorney. Therefore, the police may continue to question the detainee.

Question 143

The detainee may waive his rights under Miranda. To be valid, the government must show by _____ that the waiver was _____. The Court will look to _____ in determining whether this standard was met. But it appears that if the government can show that the detainee received Miranda warnings and then ______, that is probably sufficient.

Answer 143

a preponderance of the evidence

knowing and voluntary

the totality of the circumstances

chose to answer questions

[See Berghuis v. Thompkins, supra—suspect scarcely said anything after receiving Miranda warnings, but was held to have voluntarily waived his right to remain silent when he responded “yes” to an incriminating question posed three hours into his interrogation]

Question 144

Police deception of detainee’s lawyer . . .

Answer 144

If the Miranda warnings are given, a voluntary confession will be admissible even if the police lie to the detainee’s lawyer about their intent to question the detainee or fail to inform the detainee that his lawyer is attempting to see him, as long as adversary judicial proceedings have not commenced.

Question 145

At any time prior to or during interrogation, the detainee may indicate that he wishes to remain silent. Such an indication must be _____. If the detainee so indicates, all questioning ______ must stop.

The police may reinitiate questioning after the detainee has invoked the right to remain silent, as long as ______. This means, at the very least, that the police _____. The only case directly on point states that _____.

Answer 145

explicit, unambiguous, and unequivocal (e.g., the detainee’s failure to answer does not constitute an invocation of the right to remain silent). [Berghuis v. Thompkins, supra]

related to the particular crime

they “scrupulously honor” the detainee’s request

may not badger the detainee into talking and must wait a significant time before reinitiating questioning

In the Supreme Court’s only opinion directly on point, it allowed police to reinitiate questioning where: (i) the police immediately ceased questioning upon the detainee’s request and did not resume questioning for several hours; (ii) the detainee was rewarned of his rights; and (iii) questioning was limited to a crime that was not the subject of the earlier questioning. [Michigan v. Mosely, 423 U.S. 96 (1975)]

Question 146

Unless waived, the Fifth Amendment right to counsel under Miranda arises whenever:

Answer 146

There is custodial interrogation by someone known to be a police officer

Question 147

T/F. The Fifth Amendment right to counsel does not apply whenever testimonial evidence is sought by a government agent.

Answer 147

T

The Fifth Amendment right to counsel does not apply whenever testimonial evidence is sought by a government agent. The suspect must know that the questioning is by or on behalf of the police (because the intent is to offset the coercive nature of such questioning).

Question 148

The Fifth Amendment right to counsel apply at trial (since the police do not interrogate people at trial). However, there is a _____ Amendment right to cousel at trial.

Answer 148

Sixth

Question 149

Once a detainee has expressed an unequivocal desire for counsel, _____.

Answer 149

questioning must cease immediately and may not be resumed unless counsel is present

Question 150

T/F. Once a detainee has expressed an unequivocal desire for counsel, it is enough for the police merely to halt the interrogation immediately but resume after counsel leaves.

Answer 150

F

it is NOT enough

Mere consultation with counsel prior to questioning does not satisfy the right to counsel; the police cannot resume questioning the detainee in the absence of counsel.

Question 151

Under Miranda, if a detainee makes a request for counsel but the request is ambiguous, the police:

Answer 151

May continue questioning

Question 152

T/F. For a waiver of Miranda rights to be valid, the waiver must be obtained after the potential charges are revealed to the detainee.

Answer 152

F

Question 153

Miranda warnings need only be given prior to police interrogation if the suspect is:

Answer 153

In custody

Question 154

A confession obtained in violation of the defendant’s Miranda rights, but otherwise _____, may be used to _____ However, a truly involuntary confession is _____.

Answer 154

voluntary

impeach the defendant’s testimony if he takes the stand at trial, even though such a confession is inadmissible in the state’s case in chief as evidence of guilt. [Harris v. New York, 401 U.S. 222 (1971); Oregon v. Hass, 420 U.S. 714 (1975)]

inadmissible for any purpose. [Mincey v. Arizona, 437 U.S. 385 (1978)]

Question 155

The prosecutor may not use the defendant’s silence after receiving Miranda warnings to counter the defendant’s _____.

Answer 155

insanity defense

Question 156

If the police obtain a confession from a detainee without giving him Miranda warnings and then give the detainee Miranda warnings and obtain a subsequent confession, the subsequent confession will be inadmissible if _____. However, a subsequent valid confession may be admissible if _____.

Answer 156

the “question first, warn later” nature of the questioning was intentional (i.e., the facts make it seem like the police used this as a scheme to get around the Miranda requirements). [Missouri v. Seibert, 542 U.S. 600 (2004)]

the original unwarned questioning seemed unplanned and the failure to give Miranda warnings seemed inadvertent. [See Oregon v. Elstad, 470 U.S. 298 (1985)]

Question 157

If the police fail to give Miranda warnings and during interrogation a detainee gives the police information that leads to nontestimonial evidence, the evidence will be suppressed if the failure was _____.

Answer 157

purposeful, but if the failure was not purposeful, the evidence probably will not be suppressed. [See United States v. Patane, 542 U.S. 630 (2004)]

Question 158

T/F. A prosecutor may not comment on a defendant’s silence after being arrested and receiving Miranda warnings. The warnings carry an implicit assurance that silence will carry no penalty.

Answer 158

T

Question 159

The prosecutor can comment on the defendant’s failure to take the stand when the comment is _____.

Answer 159

in response to defense counsel’s assertion that the defendant was not allowed to explain his side of the story

Question 160

T/F. The state may not fire a police officer [Garrity v. New Jersey, 385 U.S. 493 (1967)], take away state contracts [Lefkowitz v. Turley, 414 U.S. 70 (1973)], or prohibit a person from holding party office [Lefkowitz v. Cunningham, 431 U.S. 801 (1977)] for failure to cooperate with investigating authorities.

Answer 160

T

Penalties for Failure to Testify Prohibited
The state may not chill the exercise of the Fifth Amendment privilege against compelled self-incrimination by imposing penalties for the failure to testify or cooperate with authorities.
Example: The state may not fire a police officer [Garrity v. New Jersey, 385 U.S. 493 (1967)], take away state contracts [Lefkowitz v. Turley, 414 U.S. 70 (1973)], or prohibit a person from holding party office [Lefkowitz v. Cunningham, 431 U.S. 801 (1977)] for failure to cooperate with investigating authorities.

Compare: There was no Fifth Amendment violation where a prisoner was required to disclose all prior sexual activities, including activities that constitute uncharged criminal offenses, in order to gain entry into a sexual abuse treatment program, even though refusal resulted in transfer from a medium security facility to a maximum security facility and curtailment of visitation rights, prison work and earnings opportunities, and other prison privileges. [McKune v. Lile, 536 U.S. 24 (2002)]

Question 161

T/F. Anyone in police custody and accused of a crime, no matter how minor a crime, must be given Miranda warnings prior to interrogation by the police.

Answer 161

T

Question 162

T/F. The Fifth Amendment privilege against self-incrimination forbids admission of evidence based on a psychiatric interview of defendant who was not warned of his right to remain silent. The admission of such evidence may, however, constitute harmless error.

Answer 162

T

Question 163

T/F. Admission of rape and murder by a probationer to his probation officer was not compelled or involuntary, despite the probationer’s obligation to periodically report and be “truthful in all matters.”

Answer 163

T

Question 164

T/F. The Miranda requirements do not apply to a witness testifying before a grand jury, even if the witness is under the compulsion of a subpoena. Such a witness who has not been charged or indicted does not have the right to have counsel present during the questioning, but he may consult with an attorney outside the grand jury room.

Answer 164

T

Question 165

A witness who gives false testimony before a grand jury may be convicted of perjury even though he was not given the Miranda warnings.

Answer 165

T

Question 166

“Interrogation” refers not only to express questioning, but also to _____.

Answer 166

any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect

Question 167

Miranda does not apply to spontaneous statements _____, although officers must give the warnings before _____.

Answer 167

not made in response to interrogation

any follow-up questioning

Question 168

T/F. Miranda does not apply to routine booking questions (e.g., name, address, age, etc.), even when the booking process is being taped and may be used as evidence.

Answer 168

T

Question 169

Police comments about the danger a gun would present to handicapped children, which resulted in a robbery suspect’s leading them to a weapon, did not constitute interrogation when _____.

Answer 169

the officers were not aware that the suspect was peculiarly susceptible to an appeal to his conscience

Question 170

T/F. Allowing a suspect’s wife to talk to the suspect in the presence of an officer who is taping the conversation with the spouses’ knowledge does not constitute interrogation.

Answer 170

T

Question 171

T/F. When a second police agency continues to question a suspect at a point when the first police department terminates its questioning, the impact of an earlier denial of rights by the first department does not carry over into the questioning by the second agency.

Answer 171

F

it does carry over

Question 172

T/F. A question at trial about the defendant’s silence during an interrogation, after he was given Miranda warnings, results in a mistrial.

Answer 172

F

Question 173

If a defendant files a motion to suppress his confession claiming that he did not waive his Miranda rights, the government must show that the Miranda waiver was _____.

Answer 173

Voluntary and knowing

Question 174

Police officers perform an unconstitutional search of a building, find contraband, do not seize it, and later return to the building with a valid warrant based on information totally unrelated to the unconstitutional search. If police seize the contraband pursuant to the warrant, the contraband is admissible under the _____ Doctrine.

Answer 174

Independent source doctrine

Question 175

For Miranda purposes, the determination of whether a person is in custody is a(n): (objective, subjective, mixed test)

Answer 175

Objective test

Question 176

Difference b/w Miranda right to counsel and Miranda right to remain silent.

Answer 176

If a detainee invokes his Miranda right to counsel, the police may NOT question him about an unrelated crime. This is different from the rule for when the detainee merely invokes his right to remain silent, in which instance the police may question about a different crime if they scrupulously honor the request.

Question 177

T/F. All doubts about a request for counsel are construed in favor of the detainee.

Answer 177

F

It is not true that all doubts about a request for counsel are construed in favor of the detainee. A request for counsel must be unambiguous and specific.

Question 178

T/F. A detainee cannot waive the right to counsel in the absence of counsel.

Answer 178

F

Question 179

When does the Sixth Amendment right to counsel apply?

Answer 179

Whenever adversary judicial proceedings begin

Question 180

T/F. If a detainee requests the presence of counsel at interrogation, under Miranda the police may _____.

Answer 180

continue to interrogate if the request is ambiguous

Question 181

T/F. Following a request for the presence of counsel by a detainee, the prohibition against questioning the detainee ends immediately after he is released.

Answer 181

F

does not end

Instead, the prohibition lasts the entire time the detainee is in custody for interrogation, plus 14 more days after the detainee returns to his normal life. After that point, the detainee may be questioned about the same matter upon receiving a fresh set of Miranda warnings.

Question 182

Following a request for the presence of counsel by a detainee, the prohibition against questioning the detainee does NOT end immediately after he is released. Instead, the prohibition lasts the entire time the detainee is in custody for interrogation, plus _____ more days after the detainee returns to his normal life. After that point, the detainee may be questioned about the same matter upon _____.

Answer 182

14

receiving a fresh set of Miranda warnings

Question 183

The Sixth Amendment provides that in all criminal prosecutions, the defendant has a right to the assistance of counsel. The right protects defendants from having to face a complicated legal system without competent help. It applies at all _____ after _____.

Answer 183

critical stages of a criminal prosecution

formal proceedings have begun

Question 184

Some constitutional rights applicable in criminal cases are offense specific (i.e., _____), and some are not offense specific (i.e., _____).

Defendant is arrested, taken into custody, and charged with murder. She invokes her right to counsel. Which Amendment prevents the police from interrogating Defendant about the murder or any other criminal charge?

Answer 184

when invoked, they apply only to the specific charge for which they were invoked

once invoked, they apply to all charges against the defendant and not just the charge for which they were invoked

Fifth

Question 185

If a grand jury finds probable cause to prosecute, it will issue a/an __________.

Answer 185

true bill

Question 186

What are the two prongs of a successful ineffective assistance of counsel claim?

Answer 186

Deficient performance by counsel and but for the deficient performance the result would have been different

Question 187

A determination of whether the defendant’s right to a speedy trial has been violated will be made by an evaluation of the totality of the circumstances. The following factors should be considered:

Answer 187

(i) Length of the delay;
(ii) Reason for the delay;
(iii) Whether the defendant asserted his right; and
(iv) Prejudice to the defendant.

Question 188

The _____ Amendment provides for a speedy trial.

Answer 188

6th

Question 189

The right to a speedy trial does not attach until the _____.

Answer 189

defendant has been arrested or charged

Question 190

T/F. Speedy trial delays caused by counsel assigned by the court to the defendant should ordinarily be attributed to the state and not to the defendant.

Answer 190

F

defendant; not the state.

Question 191

A defendant has a constitutional right to representation of counsel at the following critical stages:

Answer 191

1. Post-indictment interrogation whether custodial or not;
2. Preliminary hearings to determine probable cause to prosecute;
3. Arraignment;
4. Post-charge lineups;
5. Guilty plea and sentencing;
6. Felony trials;
7. Misdemeanor trials when imprisonment is actually imposed or a suspended jail sentence is imposed;
8. Overnight recesses during trial;
9. Appeals as a matter of right; and
10. Appeals of guilty pleas and pleas of nolo contendere.

There also is a Fifth Amendment right to counsel at all custodial police interrogations.

Question 192

T/F. A suspect does not have the right to counsel when the police take his fingerprints.

Answer 192

T

1. Post-indictment interrogation whether custodial or not;
2. Preliminary hearings to determine probable cause to prosecute;
3. Arraignment;
4. Post-charge lineups;
5. Guilty plea and sentencing;
6. Felony trials;
7. Misdemeanor trials when imprisonment is actually imposed or a suspended jail sentence is imposed;
8. Overnight recesses during trial;
9. Appeals as a matter of right; and
10. Appeals of guilty pleas and pleas of nolo contendere.

There also is a Fifth Amendment right to counsel at all custodial police interrogations.

Question 193

A defendant has a right to counsel during all custodial interrogations under the _______ Amendment and at all critical stages of a prosecution after formal proceedings have begun under the _______ Amendment.

Answer 193

Fifth; Sixth

Question 194

The Sixth Amendment right to counsel applies __________.

a. whenever a defendant gives a blood sample
b. only after adversary judicial proceedings have begun
c. whenever an informant is placed in the defendant’s cell
d. only at interrogations performed by one known to be a government agent

Answer 194

b

Question 195

The __________ Amendment(s) right(s) to counsel may be waived by a knowing and voluntary waiver.

Answer 195

Fifth and Sixth

Question 196

What is a charging grand jury responsible for determining?

Answer 196

Whether the government has probable cause to prosecute

Question 197

If a defendant lacks a ____________ understanding of the charges, she is incompetent to stand trial.

Answer 197

Rational and factual

To be competent, a defendant must have a rational and factual understanding of the charges against her. Due process of law, as well as the state law of most jurisdictions, prohibits the trial of a defendant who is incompetent to stand trial. A defendant is incompetent to stand trial under the due process standard if, because of her present mental condition, she either lacks: (i) a rational as well as a factual understanding of the charges and proceedings; or (ii) sufficient present ability to consult with her lawyer with a reasonable degree of understanding.

Question 198

A defendant has a _____ Amendment right to be released from detention if there is no probable cause to hold him. Thus, a defendant has a right to a determination of probable cause. A preliminary hearing is a hearing held after arrest but before trial to determine whether probable cause for detention exists. The hearing is an informal, ex parte, nonadversarial proceeding. This hearing is called a _____.

Answer 198

Fourth

GERSTEIN HEARING

Question 199

If probable cause has already been determined (e.g., the arrest is pursuant to a grand jury indictment or an arrest warrant), a preliminary hearing _____.

If no probable cause determination has been made, a defendant has a right to a preliminary hearing to determine probable cause if _____. Thus, the right applies if the defendant is released only upon _____. It does not apply if the defendant is _____.

The hearing must be held within a reasonable time, and the Court has determined that _____ hours is presumptively reasonable.

There is _____ remedy for the defendant for the mere denial of this hearing, because an unlawful detention, without more, has no effect on the subsequent prosecution. However, _____.

Answer 199

need not be held

“significant pretrial constraints on the defendant’s liberty” exist

the posting of bail or if he is held in jail in lieu of bail

released merely upon the condition that he appear for trial

48

no real

if evidence is discovered as a result of the unlawful detention, it will be suppressed under the exclusionary rule

Question 200

A defendant has a right to be released from pretrial detention unless there is __________.

Answer 200

Probable cause to detain him

Question 201

T/F. Grand jury proceedings are conducted in secret; the defendant has no right to be present

Answer 201

T

Question 202

The question of whether a defendant is competent to stand trial judges the defendant’s mental condition at the time:

Answer 202

Of trial

Question 203

The remedy for violation of the constitutional right to speedy trial is:

Answer 203

Dismissal with prejudice

Question 204

The Fifth Amendment protection against self-incrimination protects __________ evidence.

Answer 204

Testimonial

Question 205

When may the privilege against self-incrimination be asserted? (civil, criminal, or both)

Answer 205

At both civil and criminal proceedings

Question 206

T/F. Natural persons, corporations, and partnerships may assert the Fifth Amendment privilege against self-incrimination.

Answer 206

F

just natural persons

Question 207

The privilege against self-incrimination is waived by a defendant when she takes the stand, but only to the extent _____.

Answer 207

that she is subject to cross-examination

Question 208

The Fifth Amendment privilege protects testimonial or communicative evidence. For a communication to be considered testimonial, it must _____.

The Fifth Amendment privilege does not protect real or physical evidence, such as _____.

Answer 208

explicitly relate a factual assertion or disclose information

Thus, for example, the government may not compel a person to write down his bank account numbers because doing so would disclose information and thus be considered testimonial.

blood samples, handwriting exemplars, or voice samples

Question 209

Among other things, the Fourteenth Amendment Due Process Clause protects against involuntary confessions. Which of the following is not true regarding this protection?

a. Whether a confession is voluntary depends on whether there was official compulsion.
b. Whether a confession is voluntary is judged by the totality of the circumstances.
c. Whether a conviction must be overturned is judged by the harmless error test.
d. Whether a confession is voluntary depends on whether the confession was prompted by a mental disease.

Answer 209

d

Question 210

Jeopardy attaches in a jury trial when:

Answer 210

The jury is empaneled and sworn