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WorksheetsJudicial Processes - Midterm Review (Ch. 1-7)
Total questions: 62
Worksheet time: 46mins
The most important source of our rights applying to criminal procedure comes from where?
federal statutes
state statutes
Bill of Rights
common law
What is a law passed by the legislature (i.e., Congress)?
common law
statute
precedent
constitution
The Bill of Rights applies to the states through which U.S. Constitutional Amendment?
13th
14th
18th
4th
________ is a rule of a decision by a court that is binding on all lower courts.
Incorporation
Due process
Precedent
Sovereignty
Which model is concerned with people's rights and liberties?
crime control model
due process model
Which model is called the "assembly line" because the process should be automatic and uniform?
crime control model
due process model
Courts of _________ jurisdiction are the lowest level courts and deal with minor offenses.
general
limited
concurrent
specific
The highest court in the state is referred to as the __________.
intermediate appellate court
U.S. District Court
U.S. Court of Appeals
State Supreme Court
If Bob is found guilty in the U.S. District Court, to which court should he appeal?
State Supreme Court
U.S. Supreme Court
U.S. Court of Appeals for his circuit
state intermediate appellate court
What is it called when the appellate court overturns the decision of the lower court?
affirm
remand
reverse
writ of cert
How many justices need to agree in order for the U.S. Supreme Court to hear a case and grant cert (review)?
4
6
9
2
What happens if the U.S. Supreme Court declines to hear a case and issue a writ of cert?
the lower court's decision stands as is
the case is sent back to the lower court
the lower court's decision is reversed
What states that evidence obtained in violation of the U.S. Constitution cannot be used at trial against the defendant?
poisonous tree doctrine
exclusionary rule
exclusive rule
rule of 4
What exception to the exclusionary rule allows evidence to be used against a criminal defendant if obtained by a police officer's honest mistake?
exclusionary rule exception
fruit of the poisonous tree
good faith exception
honest mistake exception
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?
independent source exception
inevitable discovery exception
purged taint exception
impeachment exception
Which doctrine holds that anything obtained from the original illegal search is also excluded from evidence?
inevitable discovery
independent source
fruit of the poisonous tree
rotten fruit doctrine
If a state police officer violates a person's constitutional rights, he or she can be sued under _________.
42 U.S.C. section 1983
Bivens
color of law
purged taint
In both 1983 and Bivens claims, the plaintiff must show the officer acted with ___________.
specific intent to violate a constitutional right
inevitable difference
deliberate indifference
reasonable suspicion
A search is only considered a "search" under the 4th Amendment if ________ conducts the search.
government officials
state police officers
federal police officers
private security
The U.S. Supreme Court in Katz held that the 4th Amendment applies where people have _____________.
a fence enclosing their whole yard
any expectation of privacy
a reasonable expectation of privacy
a private phone line
___________ is the area surrounding a house that is so close it is considered an extension of the house.
Open field
Curtilage
Surveilance
Abandoned property
Bob may be considered to be "seized" under the 4th Amendment if Bob believes he _______.
will be arrested soon
has relevant information that police want
is free to go to the police station
is not free to leave
What is the required justification for a law enforcement officer to receive a search or arrest warrant?
probable cause
beyond a reasonable doubt
reasonable suspicion
more than a hunch
The justification for a Terry stop and frisk is ____________.
probable cause
reasonable suspicion
beyond a reasonable doubt
a hunch the suspect is dangerous
Government agencies may conduct non-criminal searches (or administrative searches) in order to ____________.
fight the war on drugs
fight terrorism
preserve public safety
none of these answers are correct
A warrant must be issued by a ___________ magistrate judge.
chief
federal
neutral and detached
state employed
What standard of proof is required to obtain either an arrest or search warrant?
reasonable suspicion
probable cause
hunch of the officer
beyond a reasonable doubt
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?
reasonable suspicion
probable cause
hunch of the officer
beyond a reasonable doubt
To meet the particularity requirement of a search warrant, police must specify which two things?
place to be searched; items to be seized
place to be searched; address of location
items to be seized; detailed description of items
items to be seized; name of property owner
If illegal drugs are not listed on a search warrant, but police see illegal drugs in plain view, can they seize the drugs anyway?
yes
no
If the police illegally arrest someone, which is not a possible or likely remedy?
release from custody
civil lawsuit against the arresting officer
exclusion of evidence found during a search incident to arrest
criminal prosecution of the arresting officer
Generally, if police bring a suspect to the police station to question him, a(n) __________ has occurred.
investigatory stop
arrest
non-search
non-seizure
To tell the difference between an arrest and a non-stop, courts use the ______ test.
free to ask questions
free to be you
free to leave
free to speak with the officer
Police see Bob commit a felony - can they arrest him without a warrant?
yes
no
Police see Bob commit a misdemeanor (i.e., DWI) - can the officer arrest him without a warrant?
yes
no
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?
yes - as long as Bob went home and police arrest him at home
yes - as long as Bob is still out in public when arrested
no - because they didn't see Bob commit the crime
no - because police always need a warrant to arrest someone
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?
yes - as long as they have probable cause
yes - as long as Bob is still in a public area when arrested
no - because police didn't see Bob commit the crime
no - a warrant is always required to arrest for misdemeanors
A warrant is absolutely required, with few exceptions, if an arrest is going to take place _________.
in public
in someone's house
in a public building
on the side of the road
The ________ rule requires police to announce their presence and state their intentions before entering a home to make an arrest.
knock and talk
state-your-intentions
knock and run
knock and announce
Bob held up a store with a gun. Police arrive and Bob runs. Can police use deadly force to capture Bob?
no - deadly force can never be used by police
no - deadly force cannot be used because Bob did not kill anyone
yes - deadly force can always be used to capture escapees
yes - deadly force can be used since Bob is armed and dangerous
Police arrive at Bob's house at 4:00 am in order to execute an arrest warrant. Is this allowed?
yes - police can execute arrest warrants at anytime
yes - as long as Bob is awake
no - police should execute the warrant only during the hours of 6:00 am - 10:00 pm
no - police cannot make arrests at people's homes
Bob is suspected of stealing a diamond ring. Police obtain a search warrant for Bob's house. Where can police search?
in closets
in dresser drawers
under beds
in all of these locations
Police pull over Bob for speeding and issue him a citation. Can they conduct a search incident to arrest?
yes - because Bob was violating the law by speeding
yes - because police gave Bob a citation
no - because police did not arrest Bob
no - because police did not have a warrant
The ________ rule states that only the area under control of the suspect can be searched in a search incident to arrest.
legspan
armspan
sightspan
plain view
What justification do police need to conduct a protective sweep of adjoining rooms during an arrest?
reasonable suspicion that danger exists
no justification
probable cause that danger exists
beyond a reasonable doubt that danger exists
An officer may chase a suspect into someone's home during a "hot pursuit" as long as _______.
the suspect has a gun
the suspect has a criminal history
the suspect is a known drug courier
the suspect has committed a serious offense
________ evidence is evidence that may rapidly vanish or disappear in time (such as alcohol in bloodstream).
Imminent
Exigent
Evanescent
Futile
If police have probable cause to search a vehicle, can the search include the trunk?
yes
no
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?
the entire car
the passenger compartment, including containers in the car
the passenger compartment, but no containers in the car
none of the car can be searched
What justification does an officer need to order someone out of the car once he or she has legally pulled the car over?
reasonable suspicion
probable cause
beyond a reasonable doubt
none
What justification does an officer need to search/frisk a person once he has pulled that person over in their vehicle?
reasonable suspicion / fears for safety
none
probable cause / fears for safety
officer needs a warrant to do this
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?
Police must leave and go get a warrant
Police should pretend they didn't see the drugs
Police should warn Mary that she could be arrested
Police can seize the drugs under the plain view doctrine and arrest Mary
Under Terry v. Ohio, an officer can "stop" someone based on _______.
probable cause
a hunch
reasonable suspicion
more likely than not
With a Terry stop-and-frisk, police can only frisk if they believe the suspect to be ________.
committing a crime
armed and dangerous
in possession of illegal evidence
a convicted felon
The scope of a Terry frisk is limited to __________.
both the outer and inner clothing
the inner clothing for drugs
the suspect's jacket but not his pants
the outer clothing for weapons
Bob is arrested for DWI and his car is impounded. During an inventory search of Bob's car, what can police search?
just the trunk
the passenger compartment including containers
the passenger compartment but not the glove compartment
the police cannot search Bob's car in this case without probable cause
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?
no - police need a warrant to search Mary's home
no - unless the police have probable cause to believe Mary has illegal evidence in her home
yes - police do not need a justification or warrant to search for these purposes
yes - a person can never refuse a police search
Warrants are required to inspect businesses except for which two types of businesses?
tobacco and firearms
alcohol and tobacco
firearms and knives
alcohol and firearms
A valid checkpoint must be conducted in a ______ manner in order to be valid.
comprehensive
random
professional
discretionary
According to New Jersey v. TLO, public school officials can search a student without a warrant as long as they have ________.
probable cause
a hunch that a crime has occurred
reasonable suspicion
beyond reasonable doubt that a crime occurred
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?
yes - Ted had common authority to allow the search
no - Ted only has common authority over the common areas in the apartment
________ 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.
Knock-and-announce
Knock-and-surprise
Apparent authority
Knock-and-talk
