Test Bank Answers Criminal Procedure Chapter.6 5th Edition

CHAPTER 6

CRIMINAL PROCEDURE

MULTIPLE CHOICE QUESTIONS

1. Criminal procedure comprises the:

a. substantive law of crimes

b. rules that govern the manner in which the state may go about depriving an individual of his or her liberty

c. rights of guilty people

d. Bill of Rights

2. The due process model is concerned primarily with the:

a. reduction of crime

b. protection of individual privacy

c. protection of public order

d. efficient investigation of crime

3. Which model of criminal justice emphasizes the use of discretion and police power as a means of quickly and efficiently investigating and screening cases?

a. process control

b. due process

c. felony process

d. crime control

4. The U.S. Supreme Court has the final word on the _____________ of any state action.

a. constitutionality

b. jurisdiction

c. administration

d. none of the above

5. The two portions of the Fourth Amendment that govern search and seizure law 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. The U.S. Supreme Court defined which term as when "the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed”?

a. arrest

b. reasonable suspicion

c. probable cause

d. proof beyond a reasonable doubt

8. A seizure:

a. involves the taking of government property

b. involves the taking of property under eminent domain

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

d. all of the above

9. _____________ 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

10. 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

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

a. Terry stop

b. Chimel discussion

c. on-the-street encounter

d. Berkemer encounter

12. A seizure tantamount to arrest is classified as a seizure but:

a. not a full arrest

b. the person can be beaten by officers to subdue them

c. the person is free to go

d. none of the above

13. What involves a police officer stopping people in public and questioning them as to their identity and activity, followed in some circumstances by a limited "pat down" search of their outer clothing?

a. search incident to arrest

b. Chimel discussion

c. search and frisk

d. stop and frisk

14. Stop and frisk procedures were endorsed by the U.S. Supreme Court in which case?

a. Chimel v. California

b. Georgia v. Randolph

c. Terry v. Ohio

d. Terry v. Oklahoma

15. In which case did the U.S. Supreme Court define reasonable suspicion as "a less demanding standard than probable cause...that can be established with information that is different in quantity or content...[and it] can arise from information that is less reliable"?

a. Alabama v. White

b. Ohio v. Robinette

c. Arizona v. Evans

d. Illinois v. Gates

16. In a Terry stop, what is defined as a pat down of a suspect's outer clothing?

a. search

b. frisk

c. manipulation

d. mobile hands

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

a. hiding places

b. popularity

c. mobility

d. presence

18. Generally, police must have at least _____________ of criminal activity to stop a vehicle.

a. probable cause

b. mere suspicion

c. reasonable suspicion

d. mere cause

19. A Fourth Amendment search may occur in/on which of the following?

a. house

b. car

c. person

d. all of the above

20. The Fourth Amendment applies only 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

21. In which case did the U.S. Supreme Court establish subjective and objective components to determine if a person has a reasonable expectation of privacy as follows: (a) the subject of the search must have a subjective expectation of privacy, and (b) society must view that expectation as reasonable?

a. Katz v. United States

b. Georgia v. Randolph

c. California v. Greenwood

d. Texas v. Brown

22. 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

23. In which case did the U.S. Supreme Court rule that police officers executing a valid arrest of a suspect may conduct a full search both of the suspect and of the area within the suspect's immediate control?

a. Wong Sun v. United States

b. Chimel v. California

c. Rakas v. Illinois

d. United States v. Knights

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

a. reasons

b. cause

c. evidence

d. consent

25. For consent to be valid, it must be both:

a. knowing and intelligent

b. knowing and voluntary

c. voluntary and intelligent

d. voluntary and informed

26. In which case did the U.S. Supreme Court rule that a co-occupant could not give consent to search over the objections of another co-occupant who is present?

a. Alabama v. White

b. Minnesota v. Dickerson

c. Illinois v. Gates

d. Georgia v. Randolph

27. The case that established that the inherent mobility of vehicles eliminates the necessity of obtaining a search warrant in many instances is:

a. Weeks v. United States

b. Mapp v. Ohio

c. Carroll v. United States

d. Maryland v. Wilson

28. In which case did the U.S. Supreme Court hold that search incident of a vehicle after an arrestee has been secured is not permitted under the search incident exception unless the search is for evidence related to the arrest?

a. United States v. Knights

b. Arizona v. Evans

c. Payton v. New York

d. Arizona v. Gant

29. In which case did the U.S. Supreme Court uphold warrantless searches of impounded vehicles even when the driver has not been arrested?

a. South Dakota v. Opperman

b. Fernandez v. California

c. Illinois v. Gates

d. Segura v. United States

30. Which doctrine states that objects falling in the plain view of an officer who has a right to be in a position to have that view are subject to seizure?

a. open fields

b. plain view

c. abandoned property

d. special needs of law enforcement

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

a. sound

b. sight

c. taste

d. smell

32. In which case did the U.S. Supreme Court rule that items in open fields do not fall under the protection of the Fourth Amendment, as they are not "house, papers, and effects"?

a. Katz v. United States

b. Florida v. Wells

c. Hester v. United States

d. Minnesota v. Dickerson

33. 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

34. Curtilage is:

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

b. the land and buildings immediately surrounding a dwelling

c. the land and buildings intimately associated with a dwelling

d. all of the above

35. Intent to abandon may be _____________ from the manner in which the item is discarded.

a. interred

b. argued

c. inferred

d. rationalized

36. What exception to the search warrant requirement is applied in cases that are a mixture of criminal investigation and conduct by other public agencies not related to the police?

a. special needs of law enforcement

b. plain view

c. tracking installation

d. student tracking

37. Which U.S. Supreme Court case decision 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

38. According to the text, one of the most important sources in a criminal investigation is the:

a. prosecutor

b. judge

c. jury

d. suspect

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

a. permitted

b. illegal

c. not protected

d. biased

40. In which case did the U.S. Supreme Court hold that evidence obtained by the police during a custodial interrogation could not be used at trial unless suspect first were informed of both their privilege against self-incrimination and their right to counsel?

a. Miranda v. Arizona

b. Segura v. United States

c. Arizona v. Evans

d. Katz v. United States

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

a. arrest or seizure tantamount to an arrest

b. custodial interrogation

c. interrogation of a suspect

d. critical stage in the prosecution

42. What occurs (a) when police are asking questions the answers to which may incriminate and (b) in circumstances in which the police, through their actions, create the "functional equivalent" of it?

a. interrogation

b. custody

c. control

d. seizure

43. In which case did the U.S. Supreme Court rule that sobriety checkpoints do not constitute custody?

a. Michigan Department of State Police v. Sitz

b. Berkemer v. McCarty

c. Edwards v. Arizona

d. Rhode Island v. Innis

44. In which case did the U.S. Supreme Court hold that once suspects have invoked their right to remain silent, police may not question them further until they meet with a lawyer or unless the suspects initiate further communication?

a. Berkemer v. McCarty

b. Edwards v. Arizona

c. Wong Sun v. United States

d. Rhode Island v. Innis

45. In which case did the U.S. Supreme Court rule that the failure of the police to inform a suspect that an attorney, retained without his or her knowledge by a family member, was attempting to reach him or her does not validate a confession obtained by the police because the suspect did not know she or he had a lawyer?

a. Moran v. Burbine

b. Illinois v. Gates

c. Edwards v. Arizona

d. Payton v. New York

46. An illegally obtained confession also may be:

a. admitted at trial if it is used solely 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

47. The U.S. Supreme Court has held that a criminal defendant has a right to counsel not only at trial but at any ____________ stage in the criminal proceeding.

a. non-critical

b. critical

c. appellate

d. none of the above

48. In which case did the U.S. Supreme Court rule that no right to counsel exists if a lineup takes place prior to charges being filed?

a. Weeks v. United States

b. Kirby v. Illinois

c. McNeil v. Wisconsin

d. Illinois v. Gates

49. Hearsay statements made outside of the courtroom are known as _______________ evidence.

a. ex parte

b. legitimate

c. eye witness

d. credible

50. In which case did the U.S. Supreme Court make the confrontation clause obligatory on the states?

a. Wong Sun v. United States

b. United States v. Wade

c. Crawford v. Washington

d. Pointer v. Texas

51. The confrontation clause:

a. only guarantees the right to face-to-face confrontation with co-conspirators turned witnesses against a defendant

b. only applies to spousal witnesses

c. absolutely guarantees a face-to-face confrontation with witnesses against the defendant

d. does not absolutely guarantee the right to face-to-face confrontation at trial even if the hostile witness is fully capable of being there and can be denied when denial serves an important policy and where reliability is otherwise assured

52. 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

53. The first hint of something like an exclusionary rule from the U.S. Supreme Court came in the case of:

a. Adams v. New York

b. Boyd v. United States

c. Arizona v. Evans

d. Berkemer v. McCarty

54. 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

55. 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

56. 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

57. Which of the following is a stated purpose that the exclusionary rule is designed to serve?

a. to reduce police misconduct

b. to prevent crime

c. to protect police

d. to protect victims

58. To have standing means that a person:

a. has the right to bring legal action because their friend or family member was harmed

b. can be arrested as an accomplice to a crime

c. has the right to bring legal action by virtue of being personally harmed

d. cannot bring legal action by virtue of being personally harmed

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

a. good faith

b. co-occupancy

c. independent source

d. attenuation

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 that 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. 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 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.

1. The exclusionary rule is constitutionally mandated.
2. Officers may order passengers out of the vehicle even when there is absolutely no indication of wrongdoing on the part of the passenger.
3. 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.
4. Search involves the exercise of dominion or control by the police over a person or item.
5. 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.
6. A frisk automatically follows a stop.
7. If police obtain an individual’s consent to search, there is no need for probable cause or a search warrant.
8. Miranda warnings are required when there is a non-custodial interrogation.
9. The U.S. Supreme Court started to expand the meaning of the assistance clause in Gideon v. Wainwright.
10. The confrontation clause is found in the Fifth Amendment.
11. 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.

ESSAY QUESTIONS

1. Explain the purpose of criminal procedure law.
2. Define probable cause. Provide a few examples of when an officer may have probable cause.
3. What are the Miranda warnings, and when must they be read? When are they not required?
4. Discuss the evolution of the exclusionary rule and its subsequent curtailment in light of the court cases that discuss it.
5. Explain the fruit of the poisonous tree doctrine and give an example.