Ch.6 True False Criminal Procedure Exam Prep 4th Edition - Chapter Test Bank | Law & Society 4e Walsh by Anthony Walsh. DOCX document preview.
CHAPTER 6
TRUE/FALSE QUESTIONS
1. Procedural rights are derived from the Eighth Amendment.
2. The crime control model is primarily concerned with the protection of individual privacy rights.
3. States are free to provide additional individual rights beyond those provided in the Bill of Rights.
4. Seizures tantamount to arrest are encounters with the police that do not rise to the level of an arrest but are more intrusive than mere on-the-street encounters.
5. The Fourth Amendment includes the warrant clause and the particularity clause.
6. Generally, police must have at least reasonable suspicion of criminal activity to stop a vehicle.
7. Probable cause requires proof “to a moral certainty.”
8. All arrests are seizures, but not all seizures are arrests.
9. Police may use deadly force to capture any escaping felon.
10. A “Terry stop” or “stop and frisk” requires not probable cause but rather just “reasonable suspicion.”
11. The Fourth Amendment does not apply to a stop and frisk.
12. The Fourth Amendment applies whenever an individual has a “reasonable expectation of privacy.”
13. There are a number of exceptions to the search warrant requirement based on the existence of some “exigent circumstance.”
14. The plain view doctrine allows an officer to seize and use as evidence at trial any evidence he or she sees anywhere.
15. Curtilage is the land and buildings immediately surrounding, and intimately associated with, a dwelling.
16. Abandoned property is protected by the Fourth Amendment.
17. The Fifth Amendment includes the privilege against self-incrimination.
18. An illegally obtained confession may be admitted at trial to impeach the testimony of a defendant.
19. A defendant has the right to have counsel present at a lineup prior to charges being filed because it is a “critical stage” in the proceedings.
20. The exclusionary rule is constitutionally mandated.
21. Officers may order passengers out of the vehicle even when there is absolutely no indication of wrongdoing on the part of the passenger.
22. Particularity means that the warrant must make clear on its face who or what is to be searched or seized, so as to limit the discretion of the police officer.
23. Search involves the exercise of dominion or control by the police over a person or item.
24. The exclusionary rule provides that any evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial for the purpose of proving guilt.
25. A frisk automatically follows a stop.
26. If police obtain an individual’s consent to search, there is no need for probable cause or a search warrant.
27. Miranda warnings are required when there is a non-custodial interrogation.
28. The confrontation clause is found in the Fifth Amendment.
29. The compulsory process clause was made applicable to the states in Washington v. Texas.
30. Under the attenuation exception, evidence may be admitted if knowledge of that evidence is gained from a source that is entirely independent from a source tainted by illegality.