Legal Aspects Final Flashcards
Grind (230 cards)
1
Q
The theory of incorporation finally adopted by the Supreme Court was _____ incorporation.
A
Selective
2
Q
The U.S. Supreme Court case that established the principle of judicial review was
A
Marbury v. Madison
3
Q
The doctrine of _____ allows two jurisdictions to try an individual for the same offense without violating double jeopardy.
A
Dual sovereignty
4
Q
An example of selective incorporation can be found in the case of
A
Duncan v. Lousiana
5
Q
What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
A
Due process
6
Q
If a court has the legal authority to hear a case, this means that the court has:
A
Jurisdiction
7
Q
The only court established by the U.S. Constitution was the:
A
U.S. Supreme Court
8
Q
The ban on cruel and unusual punishment and excessive fines and bail is found in the _____ Amendment.
A
Eighth
9
Q
The trial court in the federal system is the _____ court.
A
District
10
Q
The rights to speedy, public, and jury trials, and to confront adverse witnesses are found in the ____ Amendment.
A
Sixth
11
Q
Courts do not ignore decisions from other jurisdictions because:
A
Both of these
- There may be no settled law on an issue in a given area
- Decisions in other jurisdictions may enable lawyers to detect a trend and anticipate what local courts might do in the future
12
Q
To find case law, one would consult:
A
Judicial opinions
13
Q
U.S. District Court opinions are published in the:
A
Federal Supplement
14
Q
Jurisdiction refers to:
A
The power of a court to try a case
15
Q
The protection against double jeopardy is found in the ____ Amendment.
A
Fifth
16
Q
The concept of venue refers to:
A
The place where the case will be tried
17
Q
Stare decisis is the principle that:
A
New cases should be decided in a fashion consistent with the law established in prior cases
18
Q
Under the rule of law:
A
No person is above the law
18
Q
Judicial review is the power of a court to:
A
Void laws or official acts which are inconsistent with the U.S. Constitution
18
Q
The number if justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is:
A
Four
18
Q
The U.S. Supreme Court has ____ members.
A
Nine
19
Q
A case citation indicates:
A
Where an opinion may be found
20
Q
A majority of cases get to the Supreme Court from the lower courts:
A
Writ of certiorari
21
Q
Police ____ in the United States is closely tied to the concept of the rule of law.
A
Accountability
22
The protection against self-incrimination is found in the _____ Amendment.
Fifth
23
A citation is a/an:
Order commanding a person to appear in court at a specific date and answer certain changes
24
Defendants are entitled to a lawyer at plea bargaining under the ____ Amendment.
Sixth
25
The person who decides and imposes sentences in most states is:
The judge
26
In the great majority of cases, the criminal justice process is triggered against a suspect by:
Arrest without a warrant
27
The law of criminal procedure is similar in all jurisdictions because of:
U.S. Supreme Court decisions
28
The process by which personal and identifying information is gathered by police from a person who has been arrested is called:
Booking
29
Twenty-three of the fifty states use ____ as the sole source of names for jury duty.
The voter registration list
30
Most arrests in the U.S. are made ____.
Without a warrant
31
A preliminary hearing is usually held for what three main purposes?
Determination of probable cause, discovery, decision on "binding over."
32
A ____ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor.
Plea bargain
33
A summons is a writ directed to a peace officer or other person commanding them to:
Notify the person that they must appear in court to answer charges
34
A question that suggests to the witness the desired answer is known as a:
Leading question
35
With regard to closing arguments in most states,
The prosecution goes first, then the defense, and then finally, the prosecution again
36
A trial that is declared invalid before it is completed is known as a:
Mistrial
37
In most criminal cases, the parties - especially defense counsel - will ask the court that certain instructions be used. Which of the following options are available to the court with regard to these instructions?
All of these
- Refuse to give the instructions
- Modify the instructions
- Give the instructions
38
Which of the following does not require probable cause?
Stop and frisk
39
Probable cause has a:
Both legal and practical definition
40
The issuance of a warrant ensures a more orderly procedure and is a better guarantee that probable cause is, in fact, present because it has been reviewed by:
A neutral and detached magistrate
41
Which of the following does the Court consider when evaluating information given by informants?
Both quality and credibility of the information
42
Which of the following is one of the three ways that probable cause can be established?
Information plus corroboration
43
In testing for the existence of a reasonable suspicion, officers and judges:
Apply the totality of the circumstances test
44
Which amendment is most concerned with probable cause?
The Fourth
45
A trial court's determination of probable cause can be reviewed by a(an) ____ court if the case is appealed.
Appellate
46
In Alabama v. White, the U.S. Supreme Court held that an anonymous tip supplemented by ____ could establish reasonable suspicion.
Corroboration by independent police work
47
Officer Peabody, a university police officer, received information from an anonymous caller to his cell phone, that a student living in a campus dormitory was selling drugs. Officer Peabody knew the suspect and had suspicions that he was selling drugs before receiving the information.
To obtain a valid search warrant, Officer Peabody will need to obtain the warrant from:
A magistrate
48
Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a warrant for Sam's dormitory room.
What is the first prong in the Aguillar two-prong test that Officer Jimenez will evaluate?
Reliability of the informant
49
Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a warrant for Sam's dormitory room.
What is the second prong of the Aguillar two-prong test that Officer Jiminez will evaluate?
Reliability of the informant's information
50
Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a warrant for Sam's dormitory room.
What is the Gates standard for probable cause here?
Totality of the circumstances
51
Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a warrant for Sam's dormitory room.
When may Officer Jimenez be required to disclose the identity of criminal informant Carlos?
When the informant's identity is material to guilt or innocence
52
Officer Adams was told by an informant that the informant had suspicions that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights, Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams immediately picked up the baggie, which appeared to contain crack cocaine.
What is Officer Adams seeking to obtain by observing the apartment and picking up the baggie?
Corroborating evidence
53
Officer Adams was told by an informant that the informant had suspicions that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights, Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams immediately picked up the baggie, which appeared to contain crack cocaine.
What should Officer Adams' next step be?
Go to a magistrate and seek a search warrant
54
Officer Adams was told by an informant that the informant had suspicions that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights, Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams immediately picked up the baggie, which appeared to contain crack cocaine.
What is a personal reason why Officer Adams would seek a search warrant?
Defense in a civil case
55
The federal exclusionary rule may be triggered by violation of which of the following?
The Fourth Amendment
56
The first exclusionary rule case involving searches and seizures was:
Boyd v. U.S.
57
The U.S. Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of:
Weeks v. U.S.
58
The proseccution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:
Harmless error
59
Which of the following is **not** currently an exception to the exclusionary rule?
Silver platter
60
The exclusionary rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is **not** admissible in:
A criminal proceeding as evidence of guilt
61
The purpose of the exclusionary rule is to:
Deter police misconduct
62
Law enforcement officers conducted a search of Jose's apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, and vavrious drug parapphernalia.
For this evidence to be admissible and not a violation of the exclusionary rule
A search warrant is needed
63
Law enforcement officers conducted a search of Jose’s apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, and vavrious drug parapphernalia.
If a neighbor had conducted the search and found the evidence, then called the officers, it is admissible, because
It is a private search
64
Law enforcement officers conducted a search of Jose’s apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, and vavrious drug parapphernalia.
If the officers obtained verbal consent, but the department policy required a written consent, it is not a violation of the exclusionary rule, because
It violates an agency rule, but not the constitutional rule
65
One of the purposes/arguments for the exclusionary rule is that it protects the constutional right to privacy?
True
66
The harmless error doctrine applies to Fourth Amendment violartions.
True
67
The Fourth Amendment exclusionary rule does not apply in federal courts.
False
68
The Fourth Amendment exclusionary rule does not apply to the activities of private citizens acting totally on their own.
True
69
The inevitable discovery, silver platter, and "fruit of the poisonous tree" doctrines are all currently exceptions to the exclusionary rule.
False
70
The first case in which the U.S. Supreme Court utilized the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source.
True
71
The four categories of the exceptions to the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source.
True
72
Federal Officer Peterson searched the house of Quinton based on a tip from an informant that Quinton had counterfeiting equipment in his basement. Officer Peterson had not obtained a search warrant. During the search, he found three printing presses with ink and paper and printing plates for making counterfeit ten and twenty dollar bills.
Prior to Weeks v. United States, what would have been the result in federal court?
All the evidence would have been admissible
73
Federal Officer Peterson searched the house of Quinton based on a tip from an informant that Quinton had counterfeiting equipment in his basement. Officer Peterson had not obtained a search warrant. During the search, he found three printing presses with ink and paper and printing plates for making counterfeit ten and twenty dollar bills.
After Weeks v. United States, what would have been the result in federal court?
None of the evidence would have been admissible
74
Police observed suspicious characters going in and out of Jose's apartment. When the apartment was empty, officers counducted a search of Jose's apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, adn various drug paraphernalia.
For this evidence to be admissible and not a violation of the exclusionary rule
A seach warrant is needed
75
Police observed suspicious characters going in and out of Jose’s apartment. When the apartment was empty, officers counducted a search of Jose’s apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, adn various drug paraphernalia.
The good faith exception for errors made by the magistrate in search warrants was created by the U.S. Supreme Court's decisions in the ____ cases.
Sheppard and Leon
76
Officer White of the local county sherrif's department received information that boxes of stolen televisions were being stored in April's garage. He parked down the street, and with a telephoto lens took pictures of the garage when it was opened by April. Stacks of boxes clearly labeled as the missing televisions were visible. He want to the magistrate and obtained a search warrant. He and other officers later searched the garage and found fifty of the stolen televisions.
If the garage was at 421 Main Street, and that is what the officer testified to the magistrate to obtain the search warrant, but the search warrant showed the address to be 427 Main Street, the exclusionary rule
Does not apply under the good faith exception
77
Officer White of the local county sherrif’s department received information that boxes of stolen televisions were being stored in April’s garage. He parked down the street, and with a telephoto lens took pictures of the garage when it was opened by April. Stacks of boxes clearly labeled as the missing televisions were visible. He want to the magistrate and obtained a search warrant. He and other officers later searched the garage and found fifty of the stolen televisions.
If the search warrant was on a form used for searches of controlled substances, but the magistrate failed to delete the controlled substances language, the exclusionary rule
Would not apply, because of the officer acted in good faith
78
Florida v. Royer involves the legality of using:
A drug courier profile
79
The case where the U.S. Supreme Court first authorized stop and frisk was:
Terry v. Ohio (1968)
80
A person has to be seized under the Fourth Amendment if a reasonable person would believe:
They are not free to leave
81
When police detain a person during a stop longer than is reasonable, the stop becomes a/an:
Arrest
82
A stop is a Fourth Amendment:
Seizure of a person
83
A frisk is a Fourth Amendment:
Search of a person
84
A frisk is a pat-down of the outer clothing to find:
Weapons
85
To remain within Fourth Amendment bounds, a stop must:
Last no longer than necessary
86
In which respect are a stop and an arrrest similar? Both:
Are Fourth Amendment seizures of a person
87
For a stop and frisk to be valid, there must be reasonable suspicion:
To stop and frisk
88
In Payton v. N.Y. (1980) the U.S. Supreme Court held that police, in the absence of consent or exigent circuimstances, may not enter a suspect's home to make a:
Routine, warrantless felony arrest
89
In 2000, in Atwater v. City of Lago Vista, the U.S. Supreme Court held that the Fourth Amendment does not prohibit a warrantless arrest for:
A minor criminal offense punishable only by fine
90
According to Welsh v. Wisconsin (1984), what must police consider when determining whether or not there are exigent circuimstances justifying a warrantless entry into a home?
Seriousness
91
Which of the following acts by a law enforcement officer would not be a seizure of a person?
Askking questions
92
Which of the following situations have the Court held violated the Fourth Amendment in Wislon v. Layne (1999)?
Media ride-alongs
93
Why do roadblocks to control the flow of illegal aliens need less protection than under the Fourth Amendment?
Both because there is strong governmental interest and they are unobtrusive
94
Police are not required to obtain a warrant, even if they have time, in which of the following locations?
A public place
95
Whose perception determines whether a person has been arrested?
A reasonable person
96
____ is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation?
Arrest
97
An arrest, like a stop, is a Fourth Amendment:
Seizure of a person
98
Under the Fourth Amendment, a search is a/an:
Intrusion into an area where a person has a reasonable expectation of privacy
99
The *general* rule is that searches and seizures can be made:
Only with a warrant
100
Which of the following may be searched after a valid arrest?
Both their body and the immediate area
101
A search warrant is issued by a magistrate on the basis of a ____ signed and prepared by a police officer.
Sworn affidavit
102
Search warrants:
Must be excuted or served in a reasonable fashion
103
A police officer who wanted to obtain a warrant immediately to search a location, on the expectation that contraband will arrive there later, would seek a/an ____ search warrant.
Anticipatory
104
There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police:
Are legally at the location
105
Warrantless searches with consent are valid, but the consent must be which of the following?
Voluntary
106
Whether or not a consent to search is valid is determined by:
Examining the totality of the circuimstances
107
The U.S. Supreme Court has held that the only requirement public high school officials need for a valid search of students is:
Reasonable grounds
108
Under the Fourth Amedment, which of the following is not a valid purpose for setting up a roadblock?
Drug dection
109
A stop by a police offcer for no reason or without any justification is:
Illegal
110
An exception to the usual rule requring indizidualized suspicion before stopping a vehicle is for certain types of:
Checkpoints
111
Under the Fourth Amendment, which of the following is not an automatically authorized police action following a valid traffic stop?
Frisking the driver and passengers
112
Officer Franklin has stopped a car driven by Zola, because the officer observed the car weaving across two lanes of traffic. As the officer approaches the driver's side of the car, she sees a female driver, with another female sitting in the front passenger seat, and a third female sitting behinf the front passenger. On the back seat behind the driver, Officer Franklin sees a container, with part of a plastic baggie sticking out the side. There appears to be a white powdery substance in the baggie. She observes the driver and passengers appear to be highly nervous, with dilated pupils, and speaking rapidly when the officer asks questions.
Officer Franklin may serach the container without a search warrant even though she lacks probable cause to search the car as a whole and only have probable cause to believe that:
The container itself contains contraband or evidence
113
Officer Franklin has stopped a car driven by Zola, because the officer observed the car weaving across two lanes of traffic. As the officer approaches the driver's side of the car, she sees a female driver, with another female sitting in the front passenger seat, and a third female sitting behinf the front passenger. On the back seat behind the driver, Officer Franklin sees a container, with part of a plastic baggie sticking out the side. There appears to be a white powdery substance in the baggie. She observes the driver and passengers appear to be highly nervous, with dilated pupils, and speaking rapidly when the officer asks questions.
Officer Franklin may search an automobile without a search warrant, as justified by five considerations. Which of the following is **not** one of these considerations?
The car's occupants are **not** in plain view
114
Officer Smith has stopped a motor home because the left rear tailight is not working. He approaches the driver's side window, and is able to see the driver, but he is not able to see into the passenger compartment. The driver appears nervous, his pupils dialted, and he is constantly looking into the mirror from which he can see into the passenger compartment. The officer smells an odor of marijuana - an odor with which he is familiar because of the two-week long drug training course he completed last month. Officer wants to search the motor home, so he asks for the driver's consent to enter the motor home:
Officer Smith is seeking consent, rather than seeking a search warrant, because the Supreme Court has held that motor homes are automobiles for purposes of:
The Fourth Amendment
115
Officer Smith has stopped a motor home because the left rear tailight is not working. He approaches the driver's side window, and is able to see the driver, but he is not able to see into the passenger compartment. The driver appears nervous, his pupils dialted, and he is constantly looking into the mirror from which he can see into the passenger compartment. The officer smells an odor of marijuana - an odor with which he is familiar because of the two-week long drug training course he completed last month. Officer wants to search the motor home, so he asks for the driver's consent to enter the motor home:
Officer Smith believes he can search the motor home because:
He has probable cause, but is not required to have a warrant
116
Officer Smith has stopped a motor home because the left rear tailight is not working. He approaches the driver's side window, and is able to see the driver, but he is not able to see into the passenger compartment. The driver appears nervous, his pupils dialted, and he is constantly looking into the mirror from which he can see into the passenger compartment. The officer smells an odor of marijuana - an odor with which he is familiar because of the two-week long drug training course he completed last month. Officer wants to search the motor home, so he asks for the driver's consent to enter the motor home:
For this to be a valid traffic stop, Officer Smith must:
Reasonably limit the duration of the stop
117
Inventory searches of vehicles are valid, but must follow departmental rules.
True
118
Police may **not** seize abandoned property
Illegal police activity caused the abandonment
119
The ____ doctrine states that items that are within the sight of an officer who is lawfully in the place from which the view is made may properly be seized without a warrant - as long as such items are immediately recognized as being subject to seizure
Plain view
120
Under the ____ doctrine, open areas outside the curtilage are not protected by the Fourth Amendment.
Open fields
121
If property is ____, any police search or seizure of the property is **not** covered by the Fourth Amendment.
All of these
- Left in plain view by the owner
- Left in an open field by the owner
- Abandoned by the owner
122
Which of the following is a Fourth Amendment requirement for a plain view search and seizure?
Officer is lawfully in the location
123
Yards, garages, fenced areas, barns, and outbuildings are usually deemed to be part of
The curtilage
124
Officer Choi is executing a search warrant of Paul's home for the proceeds from a robbery. While conducting the search, he sees weapons matching the description of the weapons used in the robbery. The weapons were stakced to the side of the couch in the living room. Officer Choi seizes the weapons, even though he thought they would probably be there. Thus, finding the weapons was not inadvertent.
Under the Fourth Amendment, for evidence to qualify for the plain view exception to the warrant requirement, the discovery does **not** need to be
Inadvertent
125
Officer Dante is on foot patrol, walking down a business street. As he passes a fenced area where a building was demolished, but no new building has been constructed, he sees the tops of plants that appear to be marijuana plants. He turns back and returns to his police vehicle, grabbing his binoculars. He then enters an office building that has windows that overlook the vacant lot. He uses the inoculars to get a better look at the plants and sees that the lot is filled with the plants.
The ____ doctrine would allow the evidence Officer Dante obtained without a warrant or probable cause to be used in court.
Plain view
126
Officer Dante is on foot patrol, walking down a business street. As he passes a fenced area where a building was demolished, but no new building has been constructed, he sees the tops of plants that appear to be marijuana plants. He turns back and returns to his police vehicle, grabbing his binoculars. He then enters an office building that has windows that overlook the vacant lot. He uses the inoculars to get a better look at the plants and sees that the lot is filled with the plants.
The U.S. Supreme Court has ____ regarding plain view and open view.
**Not** made the distinction
127
Officer Dante is on foot patrol, walking down a business street. As he passes a fenced area where a building was demolished, but no new building has been constructed, he sees the tops of plants that appear to be marijuana plants. He turns back and returns to his police vehicle, grabbing his binoculars. He then enters an office building that has windows that overlook the vacant lot. He uses the inoculars to get a better look at the plants and sees that the lot is filled with the plants.
The use of binoculars by Officer Dante ____ the applicabiilty of the plain view doctrine.
Does not affect
128
U.S. Border Agent Ramos has worked at the border crossing stations between the U.S. and Mexico. She observes a van driving a back road heading north, with the windows covered on the inside with paper, and a Texas license plate on the back of the van this is so dirty that you cannot read it, yet the outside of the van is clean.
At the border, Offer Ramos could conduct searches in the absence of which of the following?
All of these
- Probable cause
- Reasonable suspicion
- Suspicion
129
Fourth Amendment protections do not apply at immigration borders because
A compelling state interest that overrides them at that location
130
Non-citizens seeking entry into the United States have
Minimal Fourth Amendment rights at the border
131
In 1998, the federal government opened a national ____ database.
DNA
132
Due process in a lineup means that the lineup must not be
Both a and b are correct
- Unfair
- Impermissibly suggestive
133
Which of the following rights applies to all lineups?
Due process
134
A suspect is not entitled to *Miranda* warnings before being put into a lineup because
There is no interrogation or testimonial evidence from the suspect
135
Due process requires that identification procedures be basically
Fair
136
For showups, the National Institute of Justice recommends that
The witness be transported to the suspect's location
137
For lineups, the National Institute of Justice recommends that
Fillers generally fitting the witness's description of the prepertrator be selected and that suspects be placed in different positions in each lineup
138
What standard is required for the government to demonstrate that an admission of a confession is harmless error?
Beyond a reasonable doubt
139
The *Miranda* warning is not required when confessions are made to private citizens acting on their own, because
the Fifth Amendment limits only government action
140
In an interrogation situation, a suspect may have two different sources of a right to counsel, *Miranda* and the ____ Amendment
Sixth
141
Trustworthy statements taken in violation of *Miranda* may be used
In habeas corpus proceedings
142
Under the Edwards rule, even if a suspect has invoked their right to an attorney under *Miranda*, the police may try to re-interrogate the suspect if
The suspect initiates contact with the police
143
Before *Miranda*, the courts decided on the admissibility of confessions and admissions on a case-by-case basis, based on
Voluntariness
144
Miranda has drawn a "bright line" rule for the admissibility of confessions by making them automatically inadmissible unless, prior to questioning, the suspect
Has been given certain warnings and waives his or her rights
145
Office Patton arrived at a scene after receiving a call of shots. He observed two males lying on the ground on opposites of the front porch of a house. It appeared both had been shot. Officer Patton observed a pistol by each male, and moved both weapons away from the men. Both men were conscious and holding some type of cloth over their wounds, both in the arm. Officer Patton questions the first man - Xavier - with specific questions about whether he had shot the other man, and how he had shot him, and why. Another officer arrives with paramedics. The paramedics treat both victims, and the other officer places Xavier in his patrol car and heads to the police station. Officer Patton places the second man - Zona - in his patrol car and begins driving him to the police station. Officer Patton has not advised either man of his rights. He does not question Zona, but Zona begins cussing at Xavier and telling the officer the details of how the incident occurred. Officer Patton is concerned whether either statement is admissible.
Since suspect Xavier was being interrogated, but was not in custody at the time.
There is no need for the Miranda warning
146
Office Patton arrived at a scene after receiving a call of shots. He observed two males lying on the ground on opposites of the front porch of a house. It appeared both had been shot. Officer Patton observed a pistol by each male, and moved both weapons away from the men. Both men were conscious and holding some type of cloth over their wounds, both in the arm. Officer Patton questions the first man - Xavier - with specific questions about whether he had shot the other man, and how he had shot him, and why. Another officer arrives with paramedics. The paramedics treat both victims, and the other officer places Xavier in his patrol car and heads to the police station. Officer Patton places the second man - Zona - in his patrol car and begins driving him to the police station. Officer Patton has not advised either man of his rights. He does not question Zona, but Zona begins cussing at Xavier and telling the officer the details of how the incident occurred. Officer Patton is concerned whether either statement is admissible.
Since suspect Zona was in custody but was not being questioned.
There is no need for the Miranda warning
147
Under the test before the Miranda decision, the question to be answered to determine admissibility of the statements given by Zona and Xavier was whether the statement was
Voluntary
148
In determining whether either suspect was in custody, the courts will examine whether the suspect was
Under arrest or deprived of freedom in a significant way
149
In which of the following cases did the Court hold that any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the Fourth Amendment. No physical trespass is required?
Katz v. United States
150
In which of the following cases did the Court hold that using a technological device to explore details of a home that would have been unknowable without physical intrusion is a search and needs a warrant?
Kyllo v. United States
151
In which of the following cases did the Court hold that due process requires that where a U.S. citizen is detained for allegedly fighting against the United States as an enemy combatant, that person should be given a meaningful opportunity to contest the factual basis for his detention before a neutral decision maker?
Hamdi v. Rumsfield
152
In which of the following cases did the Court hold that courts in the United States have the power to hear cases challenging the legality of the detention of foreign nationals captured abroad in connection with the fighting in Afghanistan and their detention in Guantanamo Bay in Cuba?
Rasul v. Bush
153
The USA Patriot Act of 2001 gave the police extensive authority to do which of the following to suspected terrorists?
All of these
- Search
- Seize
- Eavesdrop
154
Which of the following is a significant provision of the current USA Patriot Act?
Expands government's ability to look at records on an individual activity being held by third parties
155
The USA Patriot Act expanded the surveillance power of the government in which of the following areas?
All of these
- Record searches
- Secret searches
- Intelligence searches
156
The USA Patriot Act contains which of the following provisions?
Allows law enforcement to use surveillance against more crimes of terror
157
Which of the following is one of the stated purposes of the Department of Homeland Security?
To secure the homeland from terrorist attacks
158
Zeke has taken over the family business of an illegal sports betting operation.
Officer Brown is on a task force that is focusing on apprehending illegal sports betting organizations. Officer Brown is working on a plan to use electronic surveillance to gather evidence to arrest Zeke and his accomplices. He needs to gather enough evidence for probable cause to obtain the arrest warrants. He will need answers to the following questions before proceeding.
What was the first major case in electronic surveillance?
Olmestead v. United States
159
If Office Brown uses a technological device to explore details of Zeke's home that would have been unknowable without physical intrusion, which case will tell him if he needs a search warrant?
Kyllo v. United States
160
If Officer Brown attaches a GPS device to one of Zeke's motor vehicles and uses that device to monitor the vehicle's movements, what case will tell him if that constitutes a search under the Fourth Amendment?
United States v. Jones
161
If Officer Brown uses a pen register to record the numbers dialed from Zeke's telephone, which case will tell him if he needs a search warrant before using the pen register?
Smith v. Maryland
162
Sentence(s) are imposed by
Judges or juries
163
Sentencing goals and objectives generally fall into four categories. Which of the following is not one of those categories?
Vengeance
164
Giving sentencing authorities discretion reflects the philosophy
Positive school of criminology
165
Different sentences given for similar crimes is known as:
Sentencing disparity
166
Sentencing disparity exists among which of the following?
Both a and b
- States
- Judges
167
Cruel and unusual punishment is prohibited by the Eighth Amendment to the U.S. Constitution, but does not generally apply to which of the following?
Sentences
168
In most states, the release of juveniles from state institutions is determined by which of the following factors?
Both by fitness of release and reaching 18 years of age
169
Which of the following is not one of the five general categories of criminal sentences?
Fine, torture, and restitution
170
Jails are places of confinement usually reserved for which of the following?
Detainees
171
Prisoners in the United States used to be viewed as virtual
Slaves of the state
172
Which of the following reasons were used to justify the "hands off" policy towards prisoners?
All of these
- The prisoners were being punished and thus deserved the treatment they received
- The courtesy and respect given by the courts to prison administrators who were deemed the experts on how prisons ought to be administered
- The public did not know what was going on in prisons and did not care
173
Under the new philosophy of prisoners rights which of the following government interests does not justify a different treatment of prisoners?
Punishing prisoners
174
What is one reason that prison administrators prefer the "good old days"?
Governing prisons was easier
175
Fred has been arrested and charged with a robbery of a convenience store.
After arraignment in the trial court, his lawyer hears from a police officer that there were three people that witnessed the robbery. The prosecutor had given him only two witness statements, in which the suspect was described very generally - medium height, white male, medium build, brown hair, and conflicting description of eye color between the two witnesses. Fred is of medium height, a white male, of medium build, with brown hair, and brown eyes.
If the prosecutor has failed his duty to disclose evidence favorable to Fred, then such failure to disclose violates Fred's constitutional right to ____
Due process
176
Fred has been arrested and charged with a robbery of a convenience store.
After arraignment in the trial court, his lawyer hears from a police officer that there were three people that witnessed the robbery. The prosecutor had given him only two witness statements, in which the suspect was described very generally - medium height, white male, medium build, brown hair, and conflicting description of eye color between the two witnesses. Fred is of medium height, a white male, of medium build, with brown hair, and brown eyes.
Fundamental fairness defines a constitutional right called
Due process
177
Fred has been arrested and charged with a robbery of a convenience store.
After arraignment in the trial court, his lawyer hears from a police officer that there were three people that witnessed the robbery. The prosecutor had given him only two witness statements, in which the suspect was described very generally - medium height, white male, medium build, brown hair, and conflicting description of eye color between the two witnesses. Fred is of medium height, a white male, of medium build, with brown hair, and brown eyes.
In a criminal case, the legal process to be followed, depending on the type of proceeding involved, is called
Procedural due process
178
Fred has been arrested and charged with a robbery of a convenience store.
After arraignment in the trial court, his lawyer hears from a police officer that there were three people that witnessed the robbery. The prosecutor had given him only two witness statements, in which the suspect was described very generally - medium height, white male, medium build, brown hair, and conflicting description of eye color between the two witnesses. Fred is of medium height, a white male, of medium build, with brown hair, and brown eyes.
The concept that there are some aspects of a person's life that are so basic and private to the individual that they cannot be regulated by the government is called
Substantive due process
179
Ahmed has been arrested and charged with arson of a commercial warehouse.
After his arrest and booking, while still in his personal clothes, the police took several photographs of him from different angles, but without any identifiers.
Fred objected, saying that was self-incrimination, and he did not consent.
The privilege against self-incrimination applies only to:
Testimonial or communicative evidence
180
Defendants are deemed to have waived their Fifth Amendment privilege against self-incrimination at trial if they:
Testify
181
The right to protection against self-incrimination does not apply to what type of evidence?
Physical
182
Andy hired a lawyer to defend him in a criminal case of stealing a car. Andy was found guilty after a four day jury trial, during which his lawyer cross-examined every state witness and direct examined ten witnesses for Andy. The lawyer routinely made objections during the trial, and filed a motion to produce evidence, requesting the court to order the prosecutor to provide to the defendant a copy of all witness statements who had any knowledge about the case. Andy is unhappy with the result and with his lawyer.
Whether paid for by the defendant or the government, the obligation of Andy's defense attorney is, within the bounds of the law and ethics, to
Give the client the best possible defense
183
The rule stating the prosecutor has a duty to disclose evidence favorable to a defendant is called the
Brady Rule
184
To prove ineffective assistance of counsel, the Andy must:
Point out specific errors made by the trial counsel
185
Under the Sixth Amendment, in state criminal cases, the minimum numbers of jurors required is
Six
186
Which of the following is not a violation of double jeopardy?`
A second prosecution for the same offense after a successful appeal granting a new trial
187
If a criminal prosecution has commenced (formal charges have been filed) a defendant has Sixth Amendment right to an attorney at every
Critical stage
188
The theory of incorporation finally adopted by the Supreme Court was incorporation.
Selective
189
The U.S. Supreme Court case that established the principle of judicial review was
Marbury v. Madison
190
The doctrine of without violating double jeopardy. Allows two jurisdictions to try an individual for the same offense without violating double jeopardy
Dual soverignty
191
The document that leads to the issuance of an arrest warrant is a:
Complaint
192
In the great majority of cases, the criminal justice process is triggered against a suspect by:
Arrest without a warrant
193
The law criminal procedure is similar in all jurisdictions because of:
U.S. Supreme Court decisions
194
The issuance of a warrant ensures a more orderly procedure and is a better guarantee that probable cause is, in fact, present because it has been reviewed by:
A neutral and detached magistrate
195
Which of the following does the Court consider when evaluating information given by informants?
Both quality and credibility of the information
196
The concept of ____ can be defined as existing "when the facts and circumstances within the officers” knowledge and of which they had reasonably trustworthy information sufficient in themselves to warrant a man of reasonable caution in the belief."
Probable cause
197
The exclusionary rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is not admissible in:
A criminal proceeding as evidence of guilt
198
The purpose of the exclusionary rule is to:
Deter police misconduct
199
The exclusionary rule means that evidence illegally seized by state or federal officers cannot be used in:
Any state or federal prosecution
200
A frisk is a pat-down of the outer clothing to find:
Weapons
201
After making a valid stop of a vehicle the officer can order the driver to exit the vehicle only if he/she has which of the following?
None of these are correct
- Reasonable suspicion
- Probable cause
- A warrant
202
An officer makes a valid stop of an automobile. The officer has a reasonable suspicion that the
suspect, who has exited the vehicle, is armed and dangerous. With regard to the passenger compartment of the vehicle, the officer may:
Search it immediately
203
An arrest warrant which has a detailed description of the suspect but does not have the suspect's name is known as a/an nominal John Doe по name warrant.
John Doe
204
In general, before serving or executing an arrest or search warrant at a residence, the officers must:
Knock and announce their identity and purpose
205
The police have a warrant to arrest Tom Jones. They discover that he is in the home of Jim Smith. To lawfully arrest Jones in Smith's house, the police:
Must obtain a search warrant for Smith's home
206
Which of the following is not an exception to the warrant requirement?
Search of a home
207
Searches and seizures by private citizens acting solely on their own:
Are not covered by the Fourth Amendment
208
There is no search within the meaning of the Fourth Amendment if police use drug detection dogs, as long as the police:
Are legally at the location
209
According to the U.S. Supreme Court in Florida v. White (1999), if police have probable cause to believe a vehicle itself is forfeitable contraband, police may seize that vehicle without a
warrant:
If it is parked in a public place.
210
Police have probable cause to believe that a container holds contraband. They see the container being placed in a vehicle. They have no probable cause as to the vehicle itself. To validly search the car for the container and seize the container, the police:
Need no further justification
211
In Indianapolis v. Edmond (2000), the U.S. Supreme Court invalidated a law enforcement checkpoint program aimed at:
Drugs
212
Items that are abandoned and those that are in plain view are similar in that
Neither is protected by the Fourth Amendment
213
Which of the following is not one of the three requirements of the plain view doctrine?
Officers must have reasonable suspicion an illegal activity has occurred
214
Abandonment implies giving up which of the following?
All of these
- Possession
- Ownership
- Reasonable expectation of privacy
215
The Eyewitness Identification Guidelines from the U.S. Department of Justice apply to
Lineups
216
The legal controversy about the admissibility of DNA testing centers around which of the following issues?
The fact that DNA testing is subject to human error.
217
In U.S. v. Dickerson (1999), the U.S. Court of Appeals held that the requirement of Miranda warnings was overruled by a federal statute because Miranda was
A judge-made rule that can be overridden by Congress
218
In Dickerson v. U.S., the U.S. Supreme Court held that Miranda warnings are
Required by the U.S. Constitution
219
Although often associated with a suspect's right to counsel, Miranda v. Arizona is in fact based on the
Fifth Amendment right to protection against self-incrimination
220
The right to counsel is constitutionally required in which of the following proceedings?
All of these
- Preliminary examination
- Arraignment
- Trial
221
The leading case of the right to a court-appointed lawyer is:
Gideon v. Wainwright
222
Successive prosecution of a defendant for the same offense by the same jurisdiction is known as
Double jeopardy
223
Separating offenders from the community to reduce the opportunity for further commission of crime is the goal and objective of sentencing known as
Incapacitation
224
Sanctioning convicted offenders to reduce crime by making the public and the offender aware of the certainty and severity of punishment for criminal behavior is the goal and objective of sentencing known as
Deterrence
225
In Katz v. United States (1967) The Court held that prohibition against unreasonable search and seizure is not limited to homes, office buildings, or other enclosed spaces. It applies even in public places where a person has a "reasonable expectation of privacy." Which of the following cases did the Court expressly overrule in this decision?
Olmstead v. United States (1928)
226
Community Oriented Policing Services is an example of
Federal-local law enforcement collaboration
227
The new training programs of the New York City Police Department are organized
All of these
- To teach officers how to use special counterterrorists tactics
- To identify the high-risk infrastructure areas of the city
- To understand the nature of the terrorist threat
