Wrong Answer Rules

Question 1

Warrantless searches are generally unconstitutional unless they fall within one of the following warrant exceptions:

Answer 1

(1) searches incident to a lawful arrest;
(2) automobile exception;
(3) plain view;
(4) consent;
(5) searches pursuant to a stop;
(6) hot pursuit; or
(7) exigent circumstances.

Question 2

What is the automobile exception?

Answer 2

police must have probable cause to suspect or reasonably believe that the vehicle contains evidence of the crime or where the vehicle could be moved before there is time to obtain a warrant.

Once probable cause to search exists, the police can search the entire vehicle, including closed containers.

Question 3

A search incident to a lawful arrest extends ONLY to the area:

Answer 3

within the immediate control of the defendant.

Question 4

To justify a search based on consent, police must establish the following three elements: 

Answer 4

i.) Consent must be a voluntary decision made without coercion, fraud, or duress;
ii.) The search must not exceed their search into areas for which consent to a search has NOT been given; and
iii.) The consenting party must have actual or apparent authority to consent.

Question 5

Can any person who has joint control or use of shared premises consent to a valid search?

Answer 5

Yes. The general rule is that any person who has joint control or use of shared premises may consent to a valid search, and any evidence obtained may be used against the other occupants.

Such consent applies to common areas, but NOT to private, reserved areas where the defendant has exclusive control.

Question 6

True or False: after a defendant is arrested, they may have a cause for lack of probable cause of the arrest.

Answer 6

True.

Question 7

Can a defendant waive his right to assistance of counsel?

Answer 7

Yes, provided that he does so “knowingly and intelligently.”

Question 8

Does a defendant have a right to represent himself?

Answer 8

Yes

Question 9

True or False: Even though a defendant is deemed by the court to be competent to stand trial, the trial court may still deem the defendant incompetent to defend himself.

Answer 9

True.

Question 10

Is Recovery of defense costs constitutional?

Answer 10

Yes, provided it is achieved in a non-discriminatory manner.

Question 11

True or False: a defendant is not required to reimburse the state for attorney’s fees due to the fact that counsel was imposed upon him in violation of his constitutional rights.

Answer 11

True.

Question 12

When can a state recover legal costs from an indigent defendant?

Answer 12

when they’re convicted on appeal and is subsequently able to pay

Question 13

True or False: The Self-incrimination guarantee of the Fifth Amendement, as applicable to the states under the Fourteenth Amendment, forbids either comment by the prosecution of an accused’s silence or instructions by the court that such silence is evidence is guilt

Answer 13

True.

Question 14

True or False: a conspirator does not have automatic standing to challenge the seizure of illegally obtained evidence from a co-conspirator.

Answer 14

True. To have authority or standing to challenge the lawfulness of a search or seizure by a government agent, an individual’s personal privacy rights must be invaded (rather than those of a third party).

Question 15

True or false: a passenger who had no property interest in an automobile was held not to have standing to challenge a search of the vehicle as to items seized from it.

Answer 15

True.

Question 16

Standing is proper if:

Answer 16

a person owns or has a right to possession of the place or thing searched

or

if the place searched is the person’s home.

Question 17

The Miranda rule applies ONLY to statements made:

Answer 17

during custodial interrogation where the suspect experiences significant deprivation of freedom of movement and may not leave.

Question 18

For purposes of Miranda, an interrogation occurs where:

Answer 18

police know or should reasonably know that their actions or inquires are reasonably likely to elicit an incriminating response from the suspect.

Question 19

Courts apply OBJECTIVE criteria to determine whether the suspect is in custody. The following objective factors must be considered in determining whether the subject was in custody for Miranda purposes:

Answer 19

1. when and where it occurred;
2. how long it lasted;
3. how many police officers were present;
4. what the officers and the defendant said and did;
5. the presence of physical restraint or the equivalent;
6. whether the suspect was being questioned as a suspect or a witness.

Question 20

True or false: the random stopping of a vehicle on the highway, where the officer has no suspicion of wrongdoing is unconstitutional because it leaves too much discretion to the police officer.

Answer 20

True.

Question 21

True or False: Applying the fruit of the poisonous tree doctrine, no evidence seized as a result of of a Fourth Amendment violation may be admitted at trial.

Answer 21

True.

Question 22

The rule suppressing fruit of an illegal search applies to both:

Answer 22

object found

and

verbal statements obtained because of the original tainted search or as a result of an illegal arrest.

Question 23

The Fifth Amendment right to be free from double jeopardy for the same offense PROHIBITS retrial after:

Answer 23

a determination on the merits.

Question 24

Double Jeopardy

Is retrial permitted in situations where a mistrial has been granted on the defendant’s motion?

Answer 24

Yes. Retrial is permitted in situations where a mistrial has been granted on the defendant’s motion.

Question 25

Double Jeopardy Is a retrial permitted when the defendant objects to a mistrial?

Answer 25

No. Retrial is not permitted when the defendant objects to a mistrial, unless in the discretion of the court a manifest necessity exists that justice can only be served by declaring a mistrial.

Question 26

When a defendant, after being arrested and released, is not indicted until a long time interval has passed, the Sixth Amendment right to a speedy trial applies. However, the U.S. Supreme Court determined whether the delay is reasonable or unreasonable by balancing the following factors:

Answer 26

1. the length of the delay; 2. the good faith and justification of the delay; 3. the defendant's assertion of the right to a speedy trial; 4. prejudice to the defendant.

Question 27

True or False: absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony unless he was represented by counsel. There is no threshold conviction length when it comes to the right of the defendant to be represented by counsel.

Answer 27

True.

Question 28

The right to jury exists whenever the accused faces a sentences of:

Answer 28

possibly more than six months.

Question 29

True or False: Even where the Miranda warning are given after the illegal police conduct but before the confession, the confession is still regarded as inadmissible fruit.

Answer 29

True.

Question 30

True or False: The primary function of a grand jury is to determine probable cause to prosecute, not guilt. Any determination of guilt would properly be made at the actual trial.

Answer 30

True.

Question 31

True or False: cross-examination at a preliminary hearing is not required by the Confrontational Clause of the Sixth Amendment

Answer 31

True.

Question 32

True or False: As to defensive evidence that does not constitute an affirmative defense, the accused has the right under due process to introduce information to establish his innocence as to the crime charged. This does not transfer the burden of proof or persuasion to the defendant

Answer 32

True.

Question 33

True or False: during a preliminary hearing and/or grand jury investigation, double jeopardy has not yet attached

Answer 33

True.

Question 34

Despite the rule against double jeopardy, retrial is permitted if:

Answer 34

1. the defendant successfully appeals her conviction because of an error made at trial; or 2. the appeal was granted because of the amount of evidence supporting the conviction.

Question 35

Collateral Order Doctrine An interlocutory order may be immediately appealed under this doctrine if it:

Answer 35

1. Conclusively determines a disputed issue – The order must fully resolve the issue in question. 2. Resolves an important issue separate from the merits – The issue must be significant and distinct from the underlying claim. 3. Is effectively unreviewable on appeal – If waiting until final judgment would make the issue moot or cause irreparable harm, it qualifies.