(1) Which of the following is a relevant constitutional amendment in criminal procedure?
A.
a. The Fourth Amendment
b. The Fifth Amendment
c. The Sixth Amendment
d. The Fourteenth Amendment
e. All of the above
(2) The Bill of Rights originally was:
a. Binding on all government actors.
b. Binding only on state government actors.
c. Binding only on federal government actors.
d. Not binding on any level of government but rather merely advisory.
(3) The incorporation debate is significant in part because:
a. Most contact between police and citizens takes place at the federal level.
b. Incorporation may threaten federalism.
c. Incorporation protects separation of powers.
d. All of the above.
(4) Which of the following is NOT a characteristic of the crime control perspective?
a. Assembly line justice
b. Quantity over quality
c. Insistence on informality of due process rules
d. Faith in the courts
(5) Factual guilt is concerned with:
a. Whether a person committed the crime with which he or she is charged.
b. Whether a person is guilty according to the police.
c. Whether a person is guilty according to the law.
d None of the above.
(6) When an appellate court reverses a lower court's decision, it:
a. Sends the case back to the trial level for further action consistent with the appellate decision.
b. Nullifies or sets aside a trial verdict.
c. Sets the defendant free.
d. None of the above.
(7) A __________ judge avoids precedent and hands down decisions with sweeping implications for the future.
a. Judicially restrained
b. Judicially active
c. Judicially retrained
d. Judicially inactive
(8) An example of a legal remedy is:
a. A lawsuit
b. A citizen complaint
c. The exclusionary rule
d. All of the above
(9) The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the __________________ rule.
a. Fruit of the poisonous tree
b. The silver platter
c. The bad faith
d. Purged taint
(10) The _________________ rule is an exception to the exclusionary rule.
a. Independent source
b. Inevitable discovery
c. Good faith
d. Purged taint
e. All of the above
(11) The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are:
a. Color of law and physical injury.
b. Color of law and a constitutional violation.
c. Government actor and a constitutional violation.
d. Government actor and physical injury.
(12) The________________ doctrine permitted the use of evidence in federal court that had been obtained illegally by state officials.
a. Trespass
b. Silver platter
c. Silver plain view
d. Gold platter
(13) The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in:
a. Nix v. Williams.
b. Silverthorne Lumber Co. v. United States.
c. Wong Sun v. United States.
d. Segura v. United States.
(14) Nonjudicial remedies include:
a. Internal review.
b. Civilian review.
c. Mediation.
d. All of the above
(15) The Fourth Amendment contains which two basic clauses?
a. The reasonableness and probable cause clauses
b. The search and seizure clauses
c. The probable cause and reasonable suspicion clauses
d. The reasonableness and warrant clauses
(16) The Fourth Amendment provides that the right of the people to be secure in their:
a. persons.
b. houses.
c. papers.
d. effects
e. all of the above
(17) A search occurs when government actors engage in activity that infringes on one's:
a. privacy.
b. subjective expectation of privacy.
c. reasonable expectation of privacy.
d property interests.
(18) Probable cause was defined by the U.S. Supreme Court in _______________________
as when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."
a. Brinegar v. UnitedStates
b. Beck v. Ohio
c. United States v. Ortiz
d. Spinelli v. United States
e. None of the above
(19) In which case did the Supreme Court hold that "[G]arbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public?"
a. United States v. Miller
b. United States v. On Lee
c. California v. Greenwood
d. Hoffa v. United States
(20) Probable cause is always required in which of the following scenarios?
a. Arrests with warrants
b. Searches and seizures of property without warrants
c. Searches and seizures of persons without warrants
d. All of the above
(21) A practical definition of probable cause is than:
a. 40 percent certainty.
b. 49 percent certainty.
c. 50 percent certainty.
d. 95 percent certainty.
(22) A search warrant must be supported by probable cause that the:
a. person to be arrested committed the crime.
b. suspect will be found at a particular location.
c. items to be seized are connected with criminal activity.
d. items to be seized are in the location to be surveilled.
(23) With regard to the scope of a search warrant, police can look:
a. anywhere evidence can be found.
b. anywhere the item sought could reasonably be found.
c. only in unlocked areas.
d. in all locked areas.
(24) A warrant that permits interception of electronic communications is known as a ___________ warrant.
a. Section 1983
b. Title III
c. Title IX
d. Section 242
(25) According to the Supreme Court in Michigan v. Summers, why may police lawfully detain a person without probable cause during the service of a search warrant?
a. To bring him to the police station one time to take fingerprints
b. To bring him to the police station for questioning
c. To bring him to the police station for questioning after being read Miranda warnings
d. During the time that a search warrant is executed in the person's house
(26) When may the police use deadly force while serving an arrest warrant?
a. With any felony warrant in which the magistrate has authorized deadly force
b. When the suspect resists arrest and is verbally abusive to the arresting officers
c. When the suspect attempts to flee after being ordered to stop
d. When the suspect attempts to flee and will likely inflict harm on other people or
police officers
e. All of the above
(27) The use by several cities of strategically located video cameras to look for crime is:
a. constitutionally permissible.
b. a violation of Fourth Amendment privacy rights.
c. a violation of Title III without a warrant.
d. allowed under the PATRIOT Act.
(28) The Foreign Intelligence Surveillance Act (FISA) regulates the surveillance of which of the following?
a. All foreign visitors to the United States
b. United States embassies in foreign countries
c. "Foreign powers" or "agents of foreign powers"
d. United States citizens
(29) Which of the following is a type of warrantless search or seizure?
a. Search incident to arrest
b. Investigative detention
c. Consensual encounter
d. Looking for evidence in an open field
(30) Warrantless searches and seizures include:
a. Searches incident to arrest.
b. Arrests in public places.
c. Searches based on the plain view doctrine.
d. Automobiles
e. All of the above
(31) Which of the following is NOT a reason articulated by the Supreme Court as a reason allowing automobile searches without a warrant:
a. Automobiles are not subject to the probable cause requirement.
b. Automobiles travel on public roads.
c. Automobiles are subject to state regulations and licensing requirements.
d. Automobiles are subject to other strict regulations.
e. Automobiles may be impounded for safety reasons
(32) For an item to be lawfully seized under the plain view doctrine, it must be "immediately apparent" to the officer that the item is subject to seizure. This means that the officer must:
a. Be absolutely certain the item is contraband.
b. Be reasonably certain that the item is contraband.
c. Have probable cause that the item is contraband.
d. Have a hunch that the item is contraband.
(33) Concerning the scope of a search incident to arrest, a police officer may search:
a. Only the arrestee.
b. The area within the immediate control of the arrestee.
c. The arrestee and all of his or her personal effects.
d. All of the above
(34) A claim of racial profiling can be raised pursuant to:
a. The Fourth Amendment.
b. The Fifth Amendment.
c. Title VI of the Civil Rights Act of 1964.
d. 42 U.S.C. Section 242.
(35) The leading case dealing with race and traffic stops is:
a. United States v. Johns
b. Adams v. Williams
c. United States v. Ross
d. Whren v. United States
(36) Which standard of justification is necessary for stop and frisk activities?
a. Administrative justification
b. Proof beyond a reasonable doubt
c. Reasonable suspicion
d. Probable cause
(37) In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is "armed" and "dangerous" before a frisk can be conducted?
a. Payton v. New York
b. Adams v. Williams
c. Terry v. Ohio
d. Bradford v. Ray
e. None of the above.
(38) Which of the following are considered restrictions on frisks?
a. Frisks are nothing more than pat-downs of outer clothing.
b. Frisks must be motivated by a desire to preserve officer safety.
c. For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband.
d. All of the above
(39) Reasonable suspicion is a standard of justification:
a. Found in the Constitution.
b. Created by the Supreme Court.
c. Found in state statutes.
d. Created by the founding fathers.
e. All of the above
(40) Which of the following is the leading Supreme Court case concerning stationhouse detentions?
a. Terry v. Ohio
b. United States v. Sokolow
c. United States v. Mendenhall
d. Davis v. Mississippi
e. All of the above
(41) Which of the following can be considered characteristics of drug couriers?
a. Arrival from or departure to an identified source city
b. Unusual itinerary
c. Use of an alias
d. Carrying little or no luggage
e. All of the above
(42) Which of the following is a leading drug courier profiling case?
a. Reid v. Georgia
b. United States v. Mendenhall
c. Florida v. Royer
d. United States v. Sokolow
e. All of the above are leading drug courier profiling cases.
(43) Warrantless vehicle inventories are permissible:
a. Following a lawful impoundment.
b. When they follow standard operating procedures.
c. When they are not pretextual.
d. All of the above
(44) The police may search ____________ during the course of a vehicle inventory.
a. any container discovered
b. only the passenger compartment
c. the passenger compartment and trunk
d. none of the above
(45) The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in:
a. Controlling crime.
b. Detecting evidence of law violations.
c. Protecting public safety.
d. All of the above.
(46) The Supreme Court has authorized warrantless inspections of:
a. Firearms dealerships.
b. Vehicle junkyards.
c. Closely regulated businesses.
d. Liquor stores.
e. All of the above
(47) Which of the following can be considered constitutional checkpoints?
a. Border checkpoints
b. Sobriety checkpoints
c. License and safety checkpoints
d. Illegal immigrant checkpoints
e. All of the above
(48) For consent to be constitutionally valid, it must be:
a. Voluntary.
b. Not the result of duress.
c. Not the result of coercion.
d. Freely given.
e. All of the above
(49) The scope of consent is:
a. Limitless.
b. Heavily restricted.
c. Limited to the type of consent given.
d. Subject to the same rules as search warrants.
e. None of the above
(50) Police entering a residence on the consent of a third party is subject to the __________________ doctrine.
a. Apparent authority
b. Third party
c. Warrantless objective
d. Ferreting out crime
e. None of the above