Criminal Procedure Complete Test Bank Ch.6

CHAPTER 6

CRIMINAL PROCEDURE

MULTIPLE CHOICE QUESTIONS

1. Criminal procedure law sets forth the

a) substantive law of crimes.

b) rules that the state must follow in prosecuting crime.

c) rights of guilty people.

d) Bill of Rights.

2. The due process model is primarily concerned with

a) reduction of crime.

b) protection of individual privacy.

c) protection of public order.

d) the efficient investigation of crime.

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

a) fourth amendment.

b) Model Penal Code.

c) fifth amendment.

d) common law.

4. The court with the final word on the constitutionality of state action is the

a) U.S. Supreme Court.

b) state supreme court in the jurisdiction where the crime occurred.

c) federal courts of appeal.

d) none of the above.

5. The two portions of the Fourth Amendment are the

a) particularity clause and probable clause.

b) warrant clause and probable clause.

c) general warrant clause and specific warrant clause.

d) reasonableness clause and warrant clause.

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. A critical, urgent situation that may justify ignoring the warrant requirement is sometimes referred to as

a) an exigent circumstance.

b) a critical stage.

c) a special need of law enforcement.

d) an emergency situation.

8. Probable cause may be based upon

a) mere suspicion.

b) a hunch based on lots of experience.

c) a stereotype.

d) facts and circumstances within the officers’ knowledge.

9. In Tennessee v. Garner the Supreme Court

a) approved the use of deadly force to apprehend any fleeing felon.

b) upheld the fleeing felon rule.

c) struck down the use of deadly force to make a seizure.

d) none of the above.

10. A seizure

a) involves the taking of property.

b) may only be conducting by a law enforcement official.

c) involves the exercise of dominion or control by the police over a person or item.

d) all of the above.

11. Brief, limited seizures to investigate crime, endorsed by the Supreme Court in 1968, are sometimes referred to as all of the following except

a) stop and frisk.

b) Terry stop.

c) investigative detention.

d) profile stop.

12. A stop and frisk must be based on what level of suspicion?

a) reasonable suspicion

b) mere suspicion

c) probable cause

d) reasonable doubt

13. A Fourth Amendment search may occur in which of the following?

a) house

b) car

c) curtilage

d) all of the above

14. For consent to be valid, it must be

a) knowing and intelligent.

b) knowing and voluntary.

c) voluntary and intelligent.

d) voluntary and informed.

15. The plain view doctrine allows officers to seize evidence they see so long as the officers

a) have a search warrant.

b) have a right to be in a position to view the evidence.

c) have a right to seize the evidence as contraband.

d) none of the above.

16. Open fields are best defined as

a) everything within the curtilage.

b) personal property outside the curtilage.

c) everything not within the curtilage.

d) personal and real property within the curtilage.

17. The Miranda warning must be given when there is

a) an arrest or seizure tantamount to an arrest.

b) custody and interrogation.

c) an interrogation of a suspect.

d) a critical stage in the prosecution.

18. Miranda warnings are not required in which of the following circumstances?

a) when there are an arrest and interrogation

b) when the arrested suspect says he wants to confess

c) when a lawyer is present at a custodial interrogation

d) when there is a threat to public safety

19. An illegally obtained confession may be

a) admitted at trial to impeach the testimony of the defendant.

b) admitted at trial as proof the defendant is guilty.

c) used to obtain other evidence against the defendant for use at trial.

d) none of the above.

20. The exclusionary rule is

a) based on common law rules of evidence.

b) mentioned in the Fourth Amendment.

c) a judge-made rule.

d) constitutionally required.

21. Under the Sixth Amendment, appointed counsel is required only at

a) the trial of guilt or innocence.

b) a critical stage in the criminal proceedings.

c) guilt phase and sentencing phase of a trial.

d) trial sentencing and all appeals.

22. Effects

a) include real property.

b) include papers, cars, and other like items.

c) include intellectual property.

d) are not covered under the fourth amendment.

23. Which Supreme Court case held that due process requires the appointment at government expense of defense attorneys for indigent defendants facing capital charges?

a) Gideon v. Wainwright

b) Brown v. Mississippi

c) Powell v. Alabama

d) Argersinger v. Hamlin

24. The Sixth Amendment’s right to confrontation of witness clause

a) is absolute.

b) does not apply to spousal witnesses.

c) Guarantees a face-to-face confrontation with witnesses against the defendant.

d) is not absolute and can be denied when denial serves an important policy.

25. What is the purpose of the Fourth Amendment exclusionary rule?

a) to reduce police misconduct

b) to prevent crime

c) to protect police

d) to protect victims

26. The inevitable discovery exception

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

b) was established in Nix v. Williams.

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) a and b only.

e) b and c only.

27. 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.

28. Deadly force

a) is permitted when an officer is apprehending a fleeing suspect.

b) is permitted whenever an officer deems it reasonable.

c) is never permitted.

d) is permitted only when it is necessary to protect life.

29. The Fourth Amendment only applies to areas where persons have

a) a reasonable expectation of privacy.

b) reasonable suspicion.

c) an expectation of privacy.

d) given consent for law enforcement to search.

30. In a search incident to arrest, the scope of the search includes

a) the house in which the person was arrested.

b) the lunge area.

c) the curtilage .

d) all of the above.