Chapter 6 Criminal Procedure Complete Test Bank

CHAPTER 6

CRIMINAL PROCEDURE

MULTIPLE CHOICE QUESTIONS

1. Procedural rights are derived primarily from the:

a. confrontation clause in the Sixth Amendment

b. due process clause in the Fifth and Fourteenth Amendments

c. warrant clause in the Fourth Amendment

d. trial procedure clause in the Sixth Amendment

2. What is a tremendously important legal concept, and perhaps the single most powerful phrase in the law used to prevent governments from unjustly depriving individuals of their liberty?

a. due process

b. procedure

c. crime control

d. social contract

3. Which model of criminal justice operates on the presumption that a defendant is most likely guilty?

a. crime control

b. felony process

c. due process

d. process control

4. The legal foundation for most criminal procedure law includes the:

a. U.S. Constitution

b. Bill of Rights

c. Fourteenth Amendment

d. all of the above

5. As courts decide only the case before them and do not issue policy directives, criminal procedure law has developed fitfully, on a(n) _____________ basis.

a. case-by-case

b. exploratory

c. experimental

d. policy

6. One requirement for the issuance of a valid warrant is:

a. the four corners requirement

b. proof beyond a reasonable doubt

c. the existence of probable cause

d. none of the above

7. The U.S. Supreme Court has interpreted which clause of the Fourth Amendment to allow searches without warrants provided there exists both probable cause and an exigent circumstance?

a. warrant

b. particularity

c. exigency

d. reasonableness

8. A critical or urgent situation that justifies the failure to obtain a warrant is a(n):

a. exigent circumstance

b. critical stage

c. special need of law enforcement

d. emergency situation

9. In which case did the U.S. Supreme Court acknowledge that probable cause is a "fluid concept"?

a. Segura v. United States

b. Katz v. United States

c. Illinois v. Gates

d. Ohio v. Robinette

10. The burden of proof in a criminal trial is:

a. preponderance of the evidence

b. beyond a reasonable doubt

c. clear and convincing evidence

d. probable cause

11. Which amendment prohibits unreasonable seizures?

a. First

b. Second

c. Fourth

d. Fifth

12. The standard for when a detention has occurred is based on the perception of:

a. the suspect

b. the police officer

c. a reasonable person

d. the judge issuing a warrant

13. _____________ to enter a dwelling must be given by a person who has the legal authority to do so, such as an adult resident of the dwelling.

a. consent

b. rights

c. privileges

d. reasons

14. In which case did the U.S. Supreme Court rule that deadly force may be used to prevent escape only if the officer has probable cause to believe the suspect poses an immediate threat of serious harm to the officer or others?

a. Weeks v. United States

b. Tennessee v. Garner

c. Mapp v. Ohio

d. Michigan Department of State Police v. Sitz

15. When police ask questions of anyone in public this is known as a(n) __________________, and citizens are free to leave and even ignore the officer's question.

a. Terry stop

b. Chimel discussion

c. on-the-street encounter

d. Berkemer encounter

16. Which of the following is NOT an example of a seizure tantamount to an arrest?

a. traffic stops

b. probable cause searches

c. stop and frisks

d. all of the above

17. Stop and frisks sometimes are referred to as:

a. on-the-street encounters

b. Terry stops

c. investigative detentions

d. both b and c

18. While a stop and frisk is not an arrest, it is a form of:

a. arrest

b. search

c. seizure

d. both b and c

19. During the _____________ portion of a Terry stop, any object that the officer reasonably believes might be a weapon may be removed and seized and may provide probable cause for arrest on the charge of carrying a concealed weapon.

a. frisk

b. interrogation

c. arrest

d. stop

20. If an officer seizes contraband during a stop and frisk, but does not follow the proper guidelines:

a. the officer does not have to return the contraband to the suspect

b. the officer must return the contraband to the suspect

c. the officer can be sued and must return the contraband to the suspect

d. the officer must pretend he did not see the contraband and leave it where it is

21. In which U.S. Supreme Court case has the Court allowed police to stop cars absent any individualized suspicion of wrongdoing and justified this determination by balancing the "slight" intrusion of the stop against the public interest served by the seizure?

a. Weeks v. United States

b. Michigan v. Sitz

c. Mapp v. Ohio

d. Michigan Department of State Police v. Sitz

22. What is the examination of an individual's house, person, or effects to discover items related to criminal activity?

a. seizure

b. search

c. study

d. detainment

23. Before the Katz v. United States decision, courts seeking to determine when a "search" had occurred focused on whether police conduct infringed on a(n) _____________, meaning an area afforded constitutional protection.

a. property interest

b. curtilage area

c. property right

d. alternate interest

24. While police generally are required to obtain a search warrant, the U.S. Supreme Court has held that a variety of _____________ justify a warrantless search.

a. areas

b. items

c. individuals

d. exigent circumstances

25. Under Chimel v. California, officers may search anywhere on the person and the:

a. so-called hug area

b. household

c. so-called lunge area

d. area of plain vision

26. Police may ask anyone for _____________ to search without any basis for doing so.

a. reasons

b. cause

c. evidence

d. consent

27. The decision in the case of Georgia v. Randolph was narrowly scripted on the _____________ presence of a co-occupant who is objecting to the search.

a. symbolic

b. physical

c. metaphoric

d. lack of

28. To search a vehicle without a warrant, the police must be able to:

a. demonstrate that there exists probable cause to search

b. demonstrate that there exists reasonable suspicion to search

c. establish that the vehicle is mobile

d. both a and c

29. In which case did the U.S. Supreme Court rule that the monitoring of a vehicle tracking device is not permissible when the vehicle is in a private dwelling, as there is a heightened expectation of privacy in a dwelling or on private property?

a. Minnesota v. Dickerson

b. United States v. Knights

c. United States v. Karo

d. Fernandez v. California

30. In which case did the U.S. Supreme Court establish the plain view doctrine?

a. Harris v. New York

b. Rakas v. Illinois

c. Alabama v. White

d. Segura v. United States

31. In which case did the U.S. Supreme Court rule that in order for plain view to apply, it must be "immediately apparent" that the item observed is seizable, as contraband, evidence of a crime, or the fruits of a crime?

a. Arizona v. Hicks

b. Terry v. Ohio

c. Katz v. United States

d. Harris v. United States

32. Open fields simply refers to:

a. everything that is defined as being within the curtilage

b. personal property defined as being within the curtilage

c. everything that is not defined as being within the curtilage

d. personal and real property within the curtilage

33. Curtilage:

a. includes fenced areas incorporating the houses, garages, and other buildings used primarily for domestic purposes

b. is the land and buildings immediately surrounding a dwelling

c. is the land and buildings intimately associated with a dwelling

d. all of the above

34. The key to determining when _____________ has occurred depends on where the item is discarded and the intent of the person discarding the item.

a. mobility

b. intent

c. abandonment

d. probable cause

35. Which of the following is true regarding the administrative searches exception?

a. it only applies to searches in schools

b. it is a series of exceptions to the search warrant requirement

c. it only applies to abandoned property

d. it applies to searches of vehicles

36. A search of a student by school authorities is known a(n) _______________ search.

a. illegitimate

b. illegal

c. supervisory

d. administrative

37. In which case did the U.S. Supreme Court reverse the convictions of the so-called "Scottsboro Boys" on Fourteenth Amendment due process grounds because, at the time, the Sixth Amendment did not apply to state proceedings since at the time it had not yet been incorporated?

a. Gideon v. Wainwright

b. Powell v. Alabama

c. Weeks v. United States

d. Escobedo v. Illinois

38. In which case did the U.S. Supreme Court extend the right to counsel for all indigent defendants facing serious felony charges in federal courts?

a. Johnson v. Zerbst

b. Escobedo v. Illinois

c. Illinois v. Gates

d. Katz v. United States

39. In which case did the U.S. Supreme Court establish that any indigent facing incarceration for a felony or misdemeanor with a possible sentence of more than six months must be represented by counsel?

a. Powell v. Alabama

b. Gideon v. Wainwright

c. Argersinger v. Hamlin

d. Oregon v. Elstad

40. While self-incrimination cannot be compelled, it is:

a. permitted

b. illegal

c. required

d. biased

41. Which case is probably the most controversial criminal procedure decision ever handed down by the U.S. Supreme Court, in part because police feared it would lead to a dramatic reduction in confessions and because it went beyond just declaring one particular police practice unconstitutional?

a. United States v. Knights

b. Wong Sun v. United States

c. Alabama v. White

d. Miranda v. Arizona

42. The Miranda warning are required when there is a(n):

a. arrest or seizure tantamount to an arrest

b. custodial interrogation

c. inquiry into a suspect

d. critical stage in the prosecution

43. Factors considered by the court in determining whether a reasonable person in the suspect's position would conclude that they are not free to leave include the:

a. actions of the police

b. location of the encounter

c. time of the encounter

d. all of the above

44. In which case did the U.S. Supreme Court rule that the police create the functional equivalent of an interrogation when they engage in activity they "should know is reasonably likely to evoke an incriminating response from a suspect"?

a. Edwards v. Arizona

b. Rhode Island v. Innis

c. Minnesota v. Dickerson

d. Berkemer v. McCarty

45. In which case did the U.S. Supreme Court hold that routine traffic stops do not constitute custody?

a. Rhode Island v. Innis

b. Berkemer v. McCarty

c. Payton v. New York

d. Edwards v. Arizona

46. In which case did the U.S. Supreme Court hold that once suspects have invoked their right to counsel, they may not be questioned about any other offense unrelated to the one for which they were arrested and about which they have asserted their right to remain silent?

a. Arizona v. Roberson

b. Rakas v. Illinois

c. Minnesota v. Dickerson

d. Alabama v. White

47. In which case did the U.S. Supreme Court rule that requesting a lawyer at a bail hearing is not considered an invocation of the right to counsel for crimes with which the suspect had not yet been charged because the request is construed as limited to the Sixth Amendment right to counsel at trial, not as an invocation of the Fifth Amendment right to counsel prior to questioning?

a. United States v. Wade

b. Segura v. United States

c. Kirby v. Illinois

d. McNeil v. Wisconsin

48. Miranda warnings may be waived by the suspect so long as the written waiver is:

a. knowing

b. intelligent

c. voluntary

d. all of the above

49. Which clause in the Sixth Amendment states that the accused has the right "to be confronted with the witnesses against him"?

a. compulsory process

b. right to counsel

c. confrontation

d. pretrial identification

50. In which case did the U.S. Supreme Court declare that statements of absent witnesses may be admitted only when the witness is unavailable or if the defense had prior opportunity to cross-examine?

a. Pointer v. Texas

b. Crawford v. Washington

c. Minnesota v. Dickerson

d. Washington v. Texas

51. The exclusionary rule provides that:

a. any witness unable to attend court is excluded

b. certain legally obtained evidence may be inadmissible in court

c. 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

d. if Miranda warnings are not read in a non-custodial interrogation, the testimony is inadmissible

52. In which case did the U.S. Supreme Court state that the fact the materials were seized illegally "is no legal objection to the admission of the evidence"?

a. Adams v. New York

b. Oregon v. Elstad

c. Rakas v. Illinois

d. Pointer v. Texas

53. In which case did the U.S. Supreme Court unanimously hold that the evidence seized in an illegal manner should have been excluded by the trial court and remanded the case?

a. Arizona v. Evans

b. Weeks v. United States

c. Oregon v. Elstad

d. Payton v. New York

54. Which case established the fruit of the poisonous tree doctrine?

a. Mapp v. Ohio

b. Terry v. Ohio

c. Gideon v. Wainwright

d. Nardone v. United States

55. In which case did the U.S. Supreme Court apply the exclusionary rule to the states?

a. Wolf v. Colorado

b. Nardone v. United States

c. Mapp v. Ohio

d. People v. Defoe

56. Which of the following is one of the two purposes that the exclusionary rule is designed to serve?

a. the deterrence of police misconduct

b. the prevention of crime

c. the training of police officers

d. the protection victims

57. In which case did the U.S. Supreme Court hold that to claim Fourth Amendment protection, a defendant must have standing?

a. Pointer v. Texas

b. Rakas v. Illinois

c. Minnesota v. Dickerson

d. Illinois v. Gates

58. In which case did the U.S. Supreme Court create the attenuation exception?

a. Arizona v. Evans

b. Oregon v. Elstad

c. Wong Sun v. United States

d. Minnesota v. Dickerson

59. In the case of United States v. Leon, the U.S. Supreme Court held that evidence obtained by the police acting _____________ is admissible.

a. independent

b. under co-occupancy

c. in good faith

d. with resourcefulness

60. The inevitable discovery exception:

a. permits the introduction at trial of evidence that was illegally obtained by police officers if the police can demonstrate they would have eventually discovered the evidence by legal means

b. applies to errors made by the police so long as the errors were inadvertent

c. asserts that illegally obtained evidence is admissible if there is less than a clear causal connection between the illegal police action and the evidence

d. both a and c

TRUE/FALSE QUESTIONS

1. Criminal procedure law attempts to balance the differing goals of the due process and crime control models.

a. True

b. False

2. The U.S. Supreme Court has the final word on the administration of any state action.

a. True

b. False

3. Search and seizure law is governed in large part by the Sixth Amendment.

a. True

b. False

4. A critical or urgent situation that justifies the failure to obtain a warrant is an exigent circumstance.

a. True

b. False

5. Probable cause does not require absolute certainty or even a great likelihood-a "fair probability" of criminal activity is enough.

a. True

b. False

6. The term seizure is broader than arrest, which does not encompass all detentions

a. True

b. False

7. A seizure tantamount to arrest is classified as a seizure but the person is free to go.

a. True

b. False

8. A stop and frisk must be based on probable cause.

a. True

b. False

9. In a Terry stop, the frisk is defined as a pat down of a suspect's outer clothing.

a. True

b. False

10. Vehicles, by virtue of their presence, present a particularly difficult situation for both law enforcement and the courts.

a. True

b. False

11. In Georgia v. Randolph, the U.S. Supreme Court ruled that during a traffic stop, officers may order passengers out of the vehicle as well, even when there is absolutely no indication of wrongdoing on the part of the passenger

a. True

b. False

12. A search is the examination of an individual's house, person, or effects to discover items related to criminal activity.

a. True

b. False

13. The concept of reasonable expectation of privacy is a relatively recent addition to criminal procedure, beginning with the decision in Katz v. United States.

a. True

b. False

14. In a search incident to an arrest, the search must occur after the person is taken to jail.

a. True

b. False

15. According to the case of Chimel v. California, the immediate vicinity of a suspect is known as the lunge area.

a. True

b. False

16. Mobility of a vehicle creates the exigency justifying relaxation of the warrant requirement.

a. True

b. False

17. According to the abandoned property doctrine, objects are subject to seizure if they are in the plain view of an officer who has a legal right to be in a position to see them.

a. True

b. False

18. The plain view doctrine does not apply to items discovered by any sense other than sight.

a. True

b. False

19. Curtilage is, essentially an extension of the home.

a. True

b. False

20. Intent to abandon may be rationalized from the manner in which the item is discarded.

a. True

b. False

21. In United Stated v. Knights, the U.S. Supreme Court held that the right to counsel was so fundamental to the American system of justice that it should be applied to the states based squarely on the Sixth Amendment.

a. True

b. False

22. While self-incrimination cannot be compelled, it is required.

a. True

b. False

23. The test to determine if custody has occurred is whether a reasonable person in the suspect's position would conclude that they are not free to leave.

a. True

b. False

24. If there is not both custody and interrogation, Miranda warnings are not required.

a. True

b. False

25. In Moran v. Burbine, the U.S. Supreme Court ruled that when there is a threat to public safety, Miranda warnings are not required.

a. True

b. False

26. Hearsay statements made outside of the courtroom are known as ex parte evidence.

a. True

b. False

27. The exclusionary rule is explicitly mentioned in the Fourth Amendment.

a. True

b. False

28. The exclusionary rule was born when the U.S. Supreme Court decided the case of Mapp v. Ohio.

a. True

b. False

29. The U.S. Supreme Court applied the exclusionary rule to the states in Rakas v. Illinois.

a. True

b. False

30. Under the attenuation exception, illegally obtained evidence is admissible if there is a less than clear causal connection between the illegal police action and the evidence.

a. True

b. False

ESSAY QUESTIONS

1. Define probable cause. Provde an axample of a situation where probable cause would be met.

2. Compare and contrast an arrest and a seizure.

3. What are the Mirnda warnings? Provide at least one example each of when they do and do not need to be read.

4. Identify and discuss at least three exceptions to the search warrant rquirement.

5. Discuss the evolution of the exclusionary rule and at least one extension of it.