Question 1 which of the following statements is not

Question

Question 1. Which of the following statements is not true?

• The police may randomly search pedestrians walking through a public park.
• The National Football League may search the coolers of any patron entering the stadium.
• The promoters of a rock concert may search the purses of anyone entering the concert venue.
• All persons entering a military base may be searched without a warrant.            

Question 2. When courts rely upon previous court decisions to interpret statutes and rules, it is called relying on

•  precedent.
• jurisdiction.
•  the U.S. Constitution.
• evidence.

Question 3. The police have a misdemeanor arrest warrant for Marvin. They spot him sitting at the beach and place him under arrest. As they arrest him, they notice a lump underneath the towel upon which he is sitting. They reach under the towel and find a bag of marijuana and some car keys. They identify Marvin's car in the parking lot. They open the car with the keys and find a stolen firearm under the front seat. In the trunk they find a stolen laptop. Which of the following describes the correct legal outcome?

• The marijuana is admissible, but the keys, gun, and laptop are not.
• The marijuana and the gun are admissible, but the laptop is not.
• The keys, gun, and laptop are admissible, but the marijuana is not.
•  None of the evidence is admissible.

Question 4. What is the usual burden of proof in a civil case?

• Beyond a reasonable doubt
• Preponderance of the evidence
• Probable cause
• More likely than not

Question 5.  Antonio flew into the Atlanta International Airport on a nonstop flight from Florence, Italy. When he entered the Atlanta airport, agents from the U.S. Customs Service searched his luggage and found heroin. Antonio had not given them consent to search. Which of the following statements reflects the outcome of the search?

• The heroin is inadmissible because Atlanta, Georgia, is not a geographical border of the United States.
• The heroin is admissible because Antonio is a citizen of the United States.
• The heroin is admissible because agents have the right to search any persons or property entering the United States.
• The heroin is inadmissible because Antonio did not give consent to search.

Question 6.  Which of the following most accurately explains search incidental to arrest?

• Police may search a person who has a prior felony conviction.
• Police may search a person based upon reasonable suspicion.
• Police may search a person who has been legally arrested.
• Police may search a person who has been legally arrested and has been advised of the Miranda rights.

Question 7. Which of the following would not be a valid source of probable cause?

• A convenience store is robbed. The clerk tells the responding officers that he observed the robber in the store in the past few days and gives a detailed description of the robber.
• The victim of a rape gives the police the name of her assailant.
• A man tells the police that he believes his neighbor is a drug dealer because the neighbor has a new boat that is very expensive.
• The police discover fingerprints of a suspect on a murder weapon that was left at the scene of a crime.

Question 8. Which of the following most accurately defines the phrase "instrumentalities of a crime" as it applies to search and seizure law?

• Items that are gained from the commission of a crime
• Items used as tools to commit a crime
• Any item that is illegal to possess
• Something that would be used to prove or support a fact

Question 9. The police suspect that Ray is a drug dealer. The police ask him if they can search his garage. He voluntarily and knowingly consents. While searching a toolbox in Ray's garage, they find a gun that was used in a recent murder. Which of the following reflects the legal outcome of the search?

• The gun is admissible because the police were authorized to search anywhere in the garage.
• The gun is inadmissible because the police were only authorized to search for drugs.
• The gun is inadmissible because Ray believed that the police were only looking for drugs.
• The gun is admissible because the police had probable cause to search.

Question 10. What does it mean to sequester a jury?

• Select members for the jury.
• Inform the jury of its duties and responsibilities.
• Isolate the jury from outside influences.
• Allow the jury to make a determination on the case.

Question 11. Which of the following best defines the term criminal act?

• An act is criminal if an appellate court has determined that evidence may be used at trial.
• An act is criminal if a governmental body has enacted legislation that prohibits the behavior and identifies a punishment.
• An act is criminal if it is offensive to societal values.
• An act is criminal if a governmental body has enacted legislation regulating the conduct.

Question 12. Who has the authority to issue a search warrant?

• A neutral and detached prosecutor
• A neutral and detached judge
• A neutral and detached police officer
• An elected sheriff

Question 13.  A behavior that simultaneously violates both federal and state law is referred to as

• dual jurisdiction.
• dual sovereignty.
• concurrent jurisdiction.
• double jeopardy.

Question 14. Which of the following best describes what appellate courts review?

• Decisions of fact
• Process and procedure
• Determinations of guilt
• The intelligence of the jury

Question 15. What is the burden of proof in a criminal case?

• Beyond a reasonable doubt
• Preponderance of the evidence
• Probable cause
• More likely than not

Question 16. What is the name of the petition that is filed with the U.S. Supreme Court asking it to review a case?

• Pleading
• Request for admission
• Writ of certiorari
• Interlocutory appeal

Question 17. In which of the following situations is the consenting party knowingly consenting to a search?                   

The police ask a hearing-impaired person if they may search his backpack. The person does not respond at all.

The police ask an individual who only speaks Spanish if they can search his backpack. They ask in English. The individual nods his head.

The police wake up a man who is passed out drunk in a public park. They ask him if they can search his backpack. He says, "Sure sure, get me a bourbon and Coke."

The police ask a person if they can search his backpack. He says, "Sure, go ahead but I'm not signing anything."

Question 18.      Which of the following most accurately explains the term curtilage?

• The open fields surrounding a house, garage, and utility buildings
• The area immediately surrounding a dwelling, including all buildings that are used for domestic activity and family purposes
• The interior of a storage barn located in the open fields
• The open area surrounding a home that could reasonably be viewed by an aircraft

Question 19.      Which amendment to the U.S. Constitution grants individual states the authority to enact their own criminal laws?

• 4th
• 5th
• 10th
• 14th

Question 20. In which of the following situations does the consenting party have standing?

• A hotel clerk gives consent to the police to search a guest's room.
• A husband gives consent to the police to search the bedroom he shares with his wife. She is not present.
• A landlord gives consent to the police to search a tenant's apartment without the tenant's permission.
• An employer gives consent to the police to search an employee's car.

Question 21. In which of the following scenarios would the police be allowed to search the trunk of the vehicle without a search warrant?

The police pull a vehicle over for speeding and notice that there is a bag of marijuana lying on the backseat.

The police suspect the driver of a vehicle is using heroin because he seems sleepy.

The police have probable cause to believe that a car parked in a homeowner's garage has heroin in the trunk.

The vehicle is parked at an expired parking meter.

Question 22. Under what circumstances may the police enter a house to execute a search warrant without first knocking and announcing their presences?

• If, by knocking and announcing, the neighbors would likely notice the officers and the suspects would suffer unnecessary embarrassment.
• The warrant was issued within 48 hours of the actual search.
• The warrant was issued within seven days of the actual search
• if, by knocking and announcing, the officers would be in danger or there would be a probability that evidence could be destroyed.

Question 23: Which of the following is not a source of law?

• Court decisions
• Law enforcement officials
• The U.S. Constitution
• Legislative action

Question 24. Harrison was arrested for driving while intoxicated. He was driving recklessly on the interstate when the police pulled him over. They handcuffed him and placed him in the back of the squad car. They then searched under the backseat of his car and found heroin. Which of the following statements reflects the outcome of the search?

• The heroin is inadmissible because the police did not have probable cause to search.
• The heroin is admissible because the police may conduct an inventory search prior to towing the vehicle.
• The heroin is admissible because a driver of a motor vehicle has granted consent by operating the vehicle while intoxicated.
• The heroin is inadmissible because Harrison had been removed from the car and the heroin was no longer within his immediate reach and control.

Question 25. The police arrest Pierre for stabbing his boss. They search his pockets and find a bloody handkerchief and a set of keys. Pierre's car is legally parked about 20 feet away. The police use Pierre's keys and open the trunk of the car. Inside the trunk, they find a knife with blood on it. They have no warrants. Which of the following statements is legally correct?

• The knife and the handkerchief are both admissible.
• The handkerchief is admissible but the knife is not.
• The knife is admissible but the handkerchief is not.
• Neither item is admissible.