Module 14 Lesson 36 Flashcards
Who must approve a warrant for a search? Select the one correct answer.
A. A district attorney must approve a search warrant.
B. The CIA, in national security cases, must approve a search warrant.
C. A judge must approve a search warrant.
D. A police official must approve a search warrant.
C. A judge must approve a search warrant.
What is necessary to get a legal search warrant, according to the Fourth Amendment? Select the one correct answer.
A. An impending terrorist attack
B. A threat to a public official
C. Probable cause
D. A threat to national security
C. Probable cause
When is a search warrant not necessary? Select the one correct answer.
A. When the suspect is suspected of multiple crimes
B. When evidence of illegal activity is in plain sight
C. When Congress requests action
D. When the police are making a stop and want to search the trunk of a vehicle
B. When evidence of illegal activity is in plain sight
What is the “exclusionary rule”? Select the one correct answer.
A. The exclusionary rule is a law that prevented Black Americans from entering buildings by front entrances or from sharing facilities with white Americans.
B. The exclusionary rule excludes persons convicted of crimes from voting.
C. The exclusionary rule excludes naturalized citizens from running for seats in Congress.
D. The exclusionary rule excludes illegally obtained evidence from being used in a criminal trial.
D. The exclusionary rule excludes illegally obtained evidence from being used in a criminal trial.
Which of these is an exception to the idea that evidence illegally obtained cannot be used in a criminal trial? Select the one correct answer.
A. The evidence involves multiple murders.
B. Police have information from an informant.
C. The evidence involves national security.
D. The authorities would inevitably have discovered the evidence through some legal means.
D. The authorities would inevitably have discovered the evidence through some legal means.
What does legal doctrine “the fruit of the poisonous tree” refer to? Select the one correct answer.
A. “The fruit of the poisonous tree” refers to the fact that persons who use poison to murder someone will receive a harsher sentence.
B. “The fruit of the poisonous tree” means that evidence is contaminated (poisoned) when it is obtained without a search warrant.
C. “The fruit of the poisonous tree” refers to evidence obtained as a direct consequence of any materials found in an illegal search.
D. “The fruit of the poisonous tree” refers to the idea that individuals involved in a conspiracy are equally guilty.
C. “The fruit of the poisonous tree” refers to evidence obtained as a direct consequence of any materials found in an illegal search.
Select the one correct answer.
You’re suspected of having committed an armed robbery at a convenience store. When you’re taken into custody shortly thereafter, the weapon used isn’t on your person. Can the police question you about the weapon before telling you your Miranda rights?
A. Yes, because the Miranda warning isn’t required until you are transported to a police station.
B. Yes, if the police believe the weapon might pose a threat to innocent people.
C. No, because you are entitled to speak to an attorney before being questioned.
D. No, unless you waive your right to remain silent.
B. Yes, if the police believe the weapon might pose a threat to innocent people.
Under the Fourth Amendment, the police can stop you and pat you down without first getting a warrant if certain circumstances occur. Which statements would justify this action by the police? Select the two correct answers.
A. The police suspect you are carrying a concealed weapon.
B. The police reasonably believe you are involved in criminal activity.
C. You fit the profile for a group of people prone to criminal behavior.
D. You are walking in a neighborhood where criminal activity is common.
A. The police suspect you are carrying a concealed weapon.
B. The police reasonably believe you are involved in criminal activity.
Of the choices below, which must occur before you can be tried on a criminal charge in a federal court? Select the two correct answers.
A. There must be probable cause for the issuance of an arrest warrant.
B. You must be indicted by a federal grand jury.
C. You have to be informed of the crime you’re alleged to have committed.
D. The government must present sufficient evidence to convict you of the crime.
B. You must be indicted by a federal grand jury.
C. You have to be informed of the crime you’re alleged to have committed.
You’ve been arrested on the suspicion of murdering a highly respected member of your community. The Sixth Amendment allows for several things that protect your right to a fair trial. Of the choices below, what are those Sixth Amendment protections? Select the three correct answers.
A. A notice of what criminal act you’re alleged to have committed
B. The cross-examination of witnesses who’ve said you committed the crime
C. A change of venue if the pre-trial publicity prejudices your chance of a fair trial
D. The exclusion of potential jurors who may be biased against you
A. A notice of what criminal act you’re alleged to have committed
B. The cross-examination of witnesses who’ve said you committed the crime
D. The exclusion of potential jurors who may be biased against you
The Eighth Amendment’s provisions for bail imply several protections. From the list of options below, which are valid implications? Select the two correct answers.
A. You are an ongoing threat to your community.
B. You are a flight risk.
C. Your freedom is important for preparing your defense.
D. You are innocent until proven guilty.
C. Your freedom is important for preparing your defense.
D. You are innocent until proven guilty.
When are police able to conduct a search without a warrant? Select the three correct answers.
A. The items of interest are in the trunk of your car.
B. There is a concern that the items of interest will disappear during the time a warrant is obtained.
C. The items of interest are in plain view.
D. The police use a drug-sniffing dog.
B. There is a concern that the items of interest will disappear during the time a warrant is obtained.
C. The items of interest are in plain view.
D. The police use a drug-sniffing dog.
Which of these do the Sixth Amendment establish as your rights? Select the two correct answers.
A. To have witnesses testify on your behalf
B. To be informed of accusations against you
C. To be protected from unreasonable searches and seizures
D. To remain silent when questioned by law enforcement
A. To have witnesses testify on your behalf
B. To be informed of accusations against you
The Supreme Court has held that the death penalty is allowable under the Constitution under certain circumstances. From the choices below, what are those circumstances? Select the three correct answers.
A. The death penalty is not administered in a way that involves unnecessary or prolonged suffering.
B. The death penalty is a punishment proportionate to the crime.
C. The use of mandatory death sentences for certain crimes violates the Eighth Amendment.
D. The death penalty is uniformly applied to similar cases.
A. The death penalty is not administered in a way that involves unnecessary or prolonged suffering.
B. The death penalty is a punishment proportionate to the crime.
C. The use of mandatory death sentences for certain crimes violates the Eighth Amendment.
