NTI Week 3

Based on “reasonable suspicion,” an officer may:

• Frisk a suspect for weapons

• Search a suspect for drugs

• Enter a suspect’s home without a warrant

• Arrest a suspect

• All of the above

What two ways can a person be taken into custody (arrested) by a police officer:

• An arrest warrant OR knowledge of the crime/reasonable suspicion

• An arrest warrant OR knowledge of the crime/probable cause

• A search warrant OR knowledge of the crime/reasonable suspicion

• A search warrant OR knowledge of the crime/probable cause

Which of the following statements about Miranda warnings is most true?

• Police must inform people of their Miranda rights after questioning begins.

• Police must inform people of their Miranda rights if they stop you on the street and ask you a question.

• An arrest is illegal if Miranda warnings are not given.

• Police must inform people of their Miranda rights when they are taken into custody and before questioning begins.

Sarah is taken into police custody. She gives several incriminating statements in response to police questioning before she is given Miranda warnings. Her statements

are

• are inadmissible in court because of the exclusionary rule.

• are inadmissible in court because of the Fourth Amendment.

• are admissible in court if Sarah has a prior criminal record.

• are admissible in court because she was in police custody and being questioned.

Police illegally enter Sergei’s house looking for a stolen TV. They do not find the TV, but they do observe a pawn ticket for a TV. Leaving the ticket where they find it, officers go to the pawn shop where they observe the TV and seize it. Sergei is prosecuted for the theft of the TV set. As Sergei’s attorney, which of the following pre-trial motions would you make?

• motion to change venue

• motion for continuance

• motion to suppress evidence

• motion for mistrial

Which of the following is NOT a valid warrantless search?

• Search by Consent

• Search due to Prior Criminal Record

• Search Incident to Lawful Arrest

• Plain View Search

A confession is not admissible if it is:

• not voluntary

• not trustworthy

• all of the above

• none of the above

True or False: The police cannot search you or your property without a warrant.

• True

• False

True or False: If a criminal defendant cannot afford an attorney, one will be appointed for him.

• True

• False

True or False: If a police officer asks you to answer questions, you must answer all questions.

• True

• False