wayground logo

Free Printable Worksheets

NEW

Font size

S
M
L
XL
Worksheets

Judicial Processes - Midterm Review (Ch. 1-7)

Total questions: 62

Worksheet time: 46mins

Name
Class
Date
1.

The most important source of our rights applying to criminal procedure comes from where?

a)

federal statutes

b)

state statutes

c)

Bill of Rights

d)

common law

2.

What is a law passed by the legislature (i.e., Congress)?

a)

common law

b)

statute

c)

precedent

d)

constitution

3.

The Bill of Rights applies to the states through which U.S. Constitutional Amendment?

a)

13th

b)

14th

c)

18th

d)

4th

4.

________ is a rule of a decision by a court that is binding on all lower courts.

a)

Incorporation

b)

Due process

c)

Precedent

d)

Sovereignty

5.

Which model is concerned with people's rights and liberties?

a)

crime control model

b)

due process model

6.

Which model is called the "assembly line" because the process should be automatic and uniform?

a)

crime control model

b)

due process model

7.

Courts of _________ jurisdiction are the lowest level courts and deal with minor offenses.

a)

general

b)

limited

c)

concurrent

d)

specific

8.

The highest court in the state is referred to as the __________.

a)

intermediate appellate court

b)

U.S. District Court

c)

U.S. Court of Appeals

d)

State Supreme Court

9.

If Bob is found guilty in the U.S. District Court, to which court should he appeal?

a)

State Supreme Court

b)

U.S. Supreme Court

c)

U.S. Court of Appeals for his circuit

d)

state intermediate appellate court

10.

What is it called when the appellate court overturns the decision of the lower court?

a)

affirm

b)

remand

c)

reverse

d)

writ of cert

11.

How many justices need to agree in order for the U.S. Supreme Court to hear a case and grant cert (review)?

a)

4

b)

6

c)

9

d)

2

12.

What happens if the U.S. Supreme Court declines to hear a case and issue a writ of cert?

a)

the lower court's decision stands as is

b)

the case is sent back to the lower court

c)

the lower court's decision is reversed

13.

What states that evidence obtained in violation of the U.S. Constitution cannot be used at trial against the defendant?

a)

poisonous tree doctrine

b)

exclusionary rule

c)

exclusive rule

d)

rule of 4

14.

What exception to the exclusionary rule allows evidence to be used against a criminal defendant if obtained by a police officer's honest mistake?

a)

exclusionary rule exception

b)

fruit of the poisonous tree

c)

good faith exception

d)

honest mistake exception

15.

Even if evidence is not allowed to prove guilt of the defendant, it can still be used to attack the defendant's credibility under which of the following?

a)

independent source exception

b)

inevitable discovery exception

c)

purged taint exception

d)

impeachment exception

16.

Which doctrine holds that anything obtained from the original illegal search is also excluded from evidence?

a)

inevitable discovery

b)

independent source

c)

fruit of the poisonous tree

d)

rotten fruit doctrine

17.

If a state police officer violates a person's constitutional rights, he or she can be sued under _________.

a)

42 U.S.C. section 1983

b)

Bivens

c)

color of law

d)

purged taint

18.

In both 1983 and Bivens claims, the plaintiff must show the officer acted with ___________.

a)

specific intent to violate a constitutional right

b)

inevitable difference

c)

deliberate indifference

d)

reasonable suspicion

19.

A search is only considered a "search" under the 4th Amendment if ________ conducts the search.

a)

government officials

b)

state police officers

c)

federal police officers

d)

private security

20.

The U.S. Supreme Court in Katz held that the 4th Amendment applies where people have _____________.

a)

a fence enclosing their whole yard

b)

any expectation of privacy

c)

a reasonable expectation of privacy

d)

a private phone line

21.

___________ is the area surrounding a house that is so close it is considered an extension of the house.

a)

Open field

b)

Curtilage

c)

Surveilance

d)

Abandoned property

22.

Bob may be considered to be "seized" under the 4th Amendment if Bob believes he _______.

a)

will be arrested soon

b)

has relevant information that police want

c)

is free to go to the police station

d)

is not free to leave

23.

What is the required justification for a law enforcement officer to receive a search or arrest warrant?

a)

probable cause

b)

beyond a reasonable doubt

c)

reasonable suspicion

d)

more than a hunch

24.

The justification for a Terry stop and frisk is ____________.

a)

probable cause

b)

reasonable suspicion

c)

beyond a reasonable doubt

d)

a hunch the suspect is dangerous

25.

Government agencies may conduct non-criminal searches (or administrative searches) in order to ____________.

a)

fight the war on drugs

b)

fight terrorism

c)

preserve public safety

d)

none of these answers are correct

26.

A warrant must be issued by a ___________ magistrate judge.

a)

chief

b)

federal

c)

neutral and detached

d)

state employed

27.

What standard of proof is required to obtain either an arrest or search warrant?

a)

reasonable suspicion

b)

probable cause

c)

hunch of the officer

d)

beyond a reasonable doubt

28.

When a warrant is not required, what standard of proof is required for a law enforcement officer to either arrest a person or conduct a full-on search?

a)

reasonable suspicion

b)

probable cause

c)

hunch of the officer

d)

beyond a reasonable doubt

29.

To meet the particularity requirement of a search warrant, police must specify which two things?

a)

place to be searched; items to be seized

b)

place to be searched; address of location

c)

items to be seized; detailed description of items

d)

items to be seized; name of property owner

30.

If illegal drugs are not listed on a search warrant, but police see illegal drugs in plain view, can they seize the drugs anyway?

a)

yes

b)

no

31.

If the police illegally arrest someone, which is not a possible or likely remedy?

a)

release from custody

b)

civil lawsuit against the arresting officer

c)

exclusion of evidence found during a search incident to arrest

d)

criminal prosecution of the arresting officer

32.

Generally, if police bring a suspect to the police station to question him, a(n) __________ has occurred.

a)

investigatory stop

b)

arrest

c)

non-search

d)

non-seizure

33.

To tell the difference between an arrest and a non-stop, courts use the ______ test.

a)

free to ask questions

b)

free to be you

c)

free to leave

d)

free to speak with the officer

34.

Police see Bob commit a felony - can they arrest him without a warrant?

a)

yes

b)

no

35.

Police see Bob commit a misdemeanor (i.e., DWI) - can the officer arrest him without a warrant?

a)

yes

b)

no

36.

Police are called to an active crime scene. When police arrive, they gather evidence and have probable cause to believe Bob committed a felony. Can officers arrest Bob without a warrant?

a)

yes - as long as Bob went home and police arrest him at home

b)

yes - as long as Bob is still out in public when arrested

c)

no - because they didn't see Bob commit the crime

d)

no - because police always need a warrant to arrest someone

37.

Police have probable cause to believe Bob committed a misdemeanor, although they didn't see Bob actually commit the crime. Can police arrest Bob without a warrant?

a)

yes - as long as they have probable cause

b)

yes - as long as Bob is still in a public area when arrested

c)

no - because police didn't see Bob commit the crime

d)

no - a warrant is always required to arrest for misdemeanors

38.

A warrant is absolutely required, with few exceptions, if an arrest is going to take place _________.

a)

in public

b)

in someone's house

c)

in a public building

d)

on the side of the road

39.

The ________ rule requires police to announce their presence and state their intentions before entering a home to make an arrest.

a)

knock and talk

b)

state-your-intentions

c)

knock and run

d)

knock and announce

40.

Bob held up a store with a gun. Police arrive and Bob runs. Can police use deadly force to capture Bob?

a)

no - deadly force can never be used by police

b)

no - deadly force cannot be used because Bob did not kill anyone

c)

yes - deadly force can always be used to capture escapees

d)

yes - deadly force can be used since Bob is armed and dangerous

41.

Police arrive at Bob's house at 4:00 am in order to execute an arrest warrant. Is this allowed?

a)

yes - police can execute arrest warrants at anytime

b)

yes - as long as Bob is awake

c)

no - police should execute the warrant only during the hours of 6:00 am - 10:00 pm

d)

no - police cannot make arrests at people's homes

42.

Bob is suspected of stealing a diamond ring. Police obtain a search warrant for Bob's house. Where can police search?

a)

in closets

b)

in dresser drawers

c)

under beds

d)

in all of these locations

43.

Police pull over Bob for speeding and issue him a citation. Can they conduct a search incident to arrest?

a)

yes - because Bob was violating the law by speeding

b)

yes - because police gave Bob a citation

c)

no - because police did not arrest Bob

d)

no - because police did not have a warrant

44.

The ________ rule states that only the area under control of the suspect can be searched in a search incident to arrest.

a)

legspan

b)

armspan

c)

sightspan

d)

plain view

45.

What justification do police need to conduct a protective sweep of adjoining rooms during an arrest?

a)

reasonable suspicion that danger exists

b)

no justification

c)

probable cause that danger exists

d)

beyond a reasonable doubt that danger exists

46.

An officer may chase a suspect into someone's home during a "hot pursuit" as long as _______.

a)

the suspect has a gun

b)

the suspect has a criminal history

c)

the suspect is a known drug courier

d)

the suspect has committed a serious offense

47.

________ evidence is evidence that may rapidly vanish or disappear in time (such as alcohol in bloodstream).

a)

Imminent

b)

Exigent

c)

Evanescent

d)

Futile

48.

If police have probable cause to search a vehicle, can the search include the trunk?

a)

yes

b)

no

49.

If police have probable cause to arrest Bob for an outstanding warrant and they arrest Bob outside his car, what parts of his car can they search?

a)

the entire car

b)

the passenger compartment, including containers in the car

c)

the passenger compartment, but no containers in the car

d)

none of the car can be searched

50.

What justification does an officer need to order someone out of the car once he or she has legally pulled the car over?

a)

reasonable suspicion

b)

probable cause

c)

beyond a reasonable doubt

d)

none

51.

What justification does an officer need to search/frisk a person once he has pulled that person over in their vehicle?

a)

reasonable suspicion / fears for safety

b)

none

c)

probable cause / fears for safety

d)

officer needs a warrant to do this

52.

Mary calls the police to her home for a domestic dispute. While there, police see drugs on the kitchen table. Which statement below is true?

a)

Police must leave and go get a warrant

b)

Police should pretend they didn't see the drugs

c)

Police should warn Mary that she could be arrested

d)

Police can seize the drugs under the plain view doctrine and arrest Mary

53.

Under Terry v. Ohio, an officer can "stop" someone based on _______.

a)

probable cause

b)

a hunch

c)

reasonable suspicion

d)

more likely than not

54.

With a Terry stop-and-frisk, police can only frisk if they believe the suspect to be ________.

a)

committing a crime

b)

armed and dangerous

c)

in possession of illegal evidence

d)

a convicted felon

55.

The scope of a Terry frisk is limited to __________.

a)

both the outer and inner clothing

b)

the inner clothing for drugs

c)

the suspect's jacket but not his pants

d)

the outer clothing for weapons

56.

Bob is arrested for DWI and his car is impounded. During an inventory search of Bob's car, what can police search?

a)

just the trunk

b)

the passenger compartment including containers

c)

the passenger compartment but not the glove compartment

d)

the police cannot search Bob's car in this case without probable cause

57.

Mary receives welfare. Government agents show up to search Mary's home to make sure she is complying with the requirements to receive welfare. They do not have a warrant - can they lawfully search Mary's house?

a)

no - police need a warrant to search Mary's home

b)

no - unless the police have probable cause to believe Mary has illegal evidence in her home

c)

yes - police do not need a justification or warrant to search for these purposes

d)

yes - a person can never refuse a police search

58.

Warrants are required to inspect businesses except for which two types of businesses?

a)

tobacco and firearms

b)

alcohol and tobacco

c)

firearms and knives

d)

alcohol and firearms

59.

A valid checkpoint must be conducted in a ______ manner in order to be valid.

a)

comprehensive

b)

random

c)

professional

d)

discretionary

60.

According to New Jersey v. TLO, public school officials can search a student without a warrant as long as they have ________.

a)

probable cause

b)

a hunch that a crime has occurred

c)

reasonable suspicion

d)

beyond reasonable doubt that a crime occurred

61.

Bob and Ted share an apartment. Ted consents to a search of their apartment by the police when Bob is not there. Can police search Bob's bedroom?

a)

yes - Ted had common authority to allow the search

b)

no - Ted only has common authority over the common areas in the apartment

62.

________ is a strategy used by the police to get suspects to consent to a search of their homes when the police do not have probable cause to obtain a warrant.

a)

Knock-and-announce

b)

Knock-and-surprise

c)

Apparent authority

d)

Knock-and-talk