CRIJ 2323, Test 2

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Legal Aspects of Law Enforcement, D. Bennett, TVCC.

A _____ occurs when government agents look for evidence in a manner that intrudes into a person's legally protected privacy.

search

A _______ occurs when the agents take possession or control of property or persons.

seizure

True or False: State laws cannot provide higher levels of protection than allowed by federal law.

False

Routine inspections to enforce building codes and regulations are known as

administrative searches.

Property that ownership has been relinquished is

abandoned.

True or False: In Texas, the exclusionary rule applies to both police and private citizens. (Article 38.23, Texas Code of Criminal Procedure)

True

In Texas, a search warrant must be executed within ____ days of its issuance. (Article 18.06, Texas Code of Criminal Procedure)

3

In Texas, an arrest warrant must be executed within ___ days of its issuance. (Article 15.16, Texas Code of Criminal Procedure)

no limit

A search warrant issued on information that at a future time evidence will come to a specified place is a(n) _____ warrant.

anticipatory

In Terry v. Ohio, the U.S. Supreme Court upheld the authority of a police officer to detain and conduct a(n) ____ of an individual.

pat down

In Texas, the exclusionary rule is created by (Article 38.23, Texas Code of Criminal Procedure)

a statute.

True or False: The Fourth Amendment to the U.S. Constitution has been extended to searches and seizures conducted by state and local law enforcement officers.

True

True or False: The Fourth Amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.

False

True or False: For a search to be valid under the Fourth Amendment, police officers must have "probable cause," or in certain instances "reasonable suspicion" to believe that a particular search will produce evidence of crime.

True

True or False: The Fourth Amendment applies to all premises and property, even premises and property that have been abandoned.

False

True or False: Any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the Fourth Amendment.

True

True or False: A tip from a confidential informant can give rise to probable cause to obtain a search warrant.

True

True or False: Police must have "probable cause" before subjecting a suspicious person to a "stop- and-frisk."

False

As a general rule, the Fourth Amendment requires police to obtain _ _______before conducting a search or seizure.

a warrant

Which of the following often qualifies as a permissible warrantless search?

All of these

When evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the _______ __ _____________.

totality of circumstances

The Federal Rules of Criminal Procedure require that a search warrant must be executed within ___ days after it is issued.

ten

Which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?

plain view

Routine searches of persons and automobiles crossing ___ _______ __ ___ ______ ______ are not prohibited by the Fourth Amendment.

the borders of the United States

The U.S. Supreme Court has recognized a limited ___-_____exception to the Fourth Amendment exclusionary rule.

good-faith

To invoke the Fourth Amendment exclusionary rule, a person must have _________.

standing

A ___ ________is a device that allows the police to learn every number dialed from a specifically targeted telephone.

pen register

The _____ __ ___ _________ ____doctrine holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible.

fruit of the poisonous tree

The ____________ ____is justified by the need to deter police misconduct, but it exacts a high price to society in that "the criminal is to go free because the constable has blundered."

exclusionary rule

The Fourth Amendment protects a person's rights against the police, but generally does not apply to searches and seizures conducted by _____.

any of these

The good-faith exception to the Fourth Amendment exclusionary rule recognized in United States v. Leon (1984) does not apply to cases where _____.

Any of the above

For hundreds of years, English subjects (and, later, American colonists) were subjected to the abuse of the _______ _______, that is, a warrant authorizing searches of unspecified persons and places.

General Warrant

At common law, the concept of _________was developed to afford the area immediately surrounding a house the same protection under the law of burglary as was afforded the house itself.

Curtilage

The deprivation of a person's liberty by someone with legal authority is called an ______.

Arrest

Name the four types of encounters between citizens and police.

Arrest; Investigatory Detention; Roadblocks and Sobriety Checkpoints; Request of Information or Identification

For any arrest, police officers must have

probable cause

True or False: In Texas, a police officer can arrest you for speeding or an open container violation. (Texas Penal Code, Section 49.031 and Texas Transportation Code, Section 543.004)

False

In Texas, a written statement must contain the _______ ________to be admissible. (Article 38.22, Texas Code of Criminal Procedure)

Miranda warnings

In Texas, a taped statement does require the (Article 38.22, Texas Code of Criminal Procedure)

Miranda warnings.

True or False: In Texas, police may arrest a person without a warrant for a misdemeanor offense of assault involving family violence. (Article 14.03, Texas Code of Criminal Procedure.)

True

True or False: In Texas, a police officer must obtain a warrant before arresting an individual who has confessed to a felony offense to the officer. (Article 38.22, Texas Code of Criminal Procedure)

False

True or False: In Atwater v. City of Lago Vista (2001), the U.S. Supreme Court ruled that the Fourth Amendment forbids a warrantless arrest for a minor traffic offense such as a seat belt violation.

False

True or False: Police are permitted to temporarily detain persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.

True

True or False: A police officer must always first obtain a warrant before making a felony arrest.

False

True or False: The U.S. Supreme Court has held that police may use whatever degree of force is necessary to apprehend a fleeing felon, even if the suspect is unarmed.

False

True or False: In 2004 the U.S. Supreme Court held that states are not precluded from using checkpoints to obtain motorists' assistance in locating the perpetrator of a crime involving a traffic accident.

True

To conduct a "stop-and-frisk," police must have __________ _________ that criminal activity is afoot.

reasonable suspicion

The purpose of a "frisk" is to allow police to make a limited pat-down search for ___P____.

weapons

An arrest by a private individual is termed a _____________.

citizen's arrest

In Miranda v. Arizona (1966), the Supreme Court held that police must advise suspects of their right to _________ before subjecting them to custodial interrogation.

Both a and c are correct. (have a counsel present during questioning, remain silent during questioning)

Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is _______________.

voluntary

In determining whether a defendant's confession was voluntary, courts typically consider such factors as ________________.

All of these

Which of the following identification procedures have been upheld by the courts?

All of these

To establish probable cause to make an arrest, a police officer can consider _____________.

all of these

The Supreme Court has held that a suspect has a right to counsel at a lineup conducted ____________.

after formal charges have been made against a defendant

Which of the following is authorized to issue an arrest warrant?

A magistrate

For a police officer to make an arrest he or she must have ___________.

probable cause to believe an individual has committed an offense

The process by which police take an eyewitness to the crime scene to view a suspect shortly after an offense has been committed is called a ____________.

showup

In Whren v. United States (1996) the Supreme Court ruled that _________________.

officers' motives in stopping an automobile are irrelevant if there is an objective basis for the stop

As the 1995 O. J. Simpson murder trial demonstrates, defense lawyers can attack the methodology of ______________ as well as the qualifications of those administering them.

DNA tests

In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court held that the ___________ govern(s) the admissibility of scientific evidence in the federal courts.

Federal Rules of Evidence

Under a ___________ strategy of conducting interrogations, one police officer is harsh, rude, and aggressive, while another police officer appears friendly and sympathetic to the suspect.

"Mutt and Jeff"

In __________________ (1964) the Supreme Court recognized the right of suspects to have counsel present during interrogation.

Escobedo v. Illinois

Because an arrest is a "seizure" it is subject to the _________Amendment prohibition of "unreasonable searches and seizures."

4th

Before interrogating a suspect who is in custody, police must advise the suspect of the right to remain silent and the right to have _______ present during the questioning.

Counsel

The application of scientific principles to legal issues is referred to as ___________________ methods.

Forensic

True or False: The U.S. Supreme Court has upheld drug checkpoints.

False

A stun gun that shoots metal barbs attached to wires is a

taser

A police officer is vested with _______ to arrest, issue a ticket, or issue a warning.

discretion

True or False: Racial profiling is allowed in Texas.

False

True or False: Police have the right to ask the passenger to exit a vehicle on a traffic stop.

True

Use of force by the police in making arrests can be challenged in:

civil suits.

In Texas, a grand jury consists of _______ jurors. (Article 19.26, Texas Code of Criminal Procedure)

12

In Texas, an indictment is signed by the:

Foreman of the Grand Jury

The preliminary hearing in Texas is called a(n) (Article 16.01, Texas Code of Criminal Procedure)

examining trial.

Who is entitled to more discovery in Texas? (Article 39.14, Texas Code of Criminal Procedure)

Defense

True or False: In Texas, you have no right to a jury trial for a petty offense. (Article 1.12 and 45.026, Texas Code of Criminal Procedure)

False

True or False: Minor misdemeanors are often tried summarily before a judge or magistrate.

True

True or False: The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense.

True

True or False: The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

False

True or False: The Supreme Court has held that persons charged with felonies have the right to represent themselves in court.

True

True or False: The Eighth Amendment of the U.S. Constitution prohibits the imposition of "excessive bail."

True

True or False: The Supreme Court has ruled that an indigent defendant may be assessed the costs of appointed counsel and that such costs may be collected later if the defendant becomes solvent.

True

True or False: The grand jury is a deeply rooted common-law institution and was comprised of twenty-three persons.

True

True or False: The same rules of evidence that apply to criminal trials apply to grand jury investigations.

False

An indictment is a formal criminal charge handed down by a ________________.

grand jury

An indictment is also known as a(n) ________________.

true bill

The surrender of a person accused of a crime by one state to another is known as _________.

extradition

Which one of the following statements is incorrect?

The U.S. Supreme Court has ruled that a defendant in a criminal case has a right to bail under the Eighth Amendment to the Constitution.

Which one of the following statements represents a correct view of the law?

The Supreme Court has held that a plea of guilty containing a protestation of innocence can be made by a defendant who intelligently concludes that it is in his or her best interest.

The prosecution may be required to disclose the identity of ___________ if that person was an active participant in the offense for which the defendant is being prosecuted.

a confidential informant

Federal grand juries are authorized by statute to grant _______ immunity to witnesses.

use

At common law a grand jury consisted of ________ persons.

twenty-three

Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?

All of these

Which one of the following is not a component of the pretrial process?

sentencing of the defendant

Which one of the following statements is correct?

Most states have now adopted liberal rules allowing pretrial discovery in criminal cases.

Before accepting a defendant's plea of guilty or nolo contendere, the Federal Rules of Criminal Procedure (and most state rules) require a trial judge to ascertain _______________.

all of the above

Which one of the following statements is incorrect?

Grand juries frequently reject requests for indictment by prosecuting attorneys.

Before ruling on a motion for a change of venue the trial judge would likely consider _____.

all of these

Which one of the following statements is correct?

A skip tracer is one who seeks out absconding defendants to assist sureties who have posted bonds guaranteeing a defendant's appearance before the court.

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

a subpoena

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

exculpatory

Release of an accused pending trial on the accused's written promise to appear at all required court proceedings is a mode of pretrial release known as the accused's ________ ____________.

Personal Recognizance

The federal law that provides that after a witness testifies, the government, on request of the defense, must produce the portion of any statement or report that relates to the matter as to which the witness has testified is known as the ______ Act.

Jencks

Granting a defendant pretrial release is commonly referred to as granting ____.

Bail

The singling out of an individual for prosecution based on that person's race or religion is known as _________ prosecution.

Selective

If you are unable to hire an attorney, you are ________.

Indigent

Paying a premium to a third party that agrees to post the bond for the accused is called a ______ bond.

surety

List four pre-trial motions which the defense can file:

Motion to dismiss; Motion to determine the competency of the accused to stand trial; Motion to supress evidence obtained through unlawful search or seizure; Motion to suppress a pre-trial identification of the accused.

True or False: The grand jury proceeding is closed to the public and the defendant does not even have to be present.

True

The 8th Amendment states bail may not be _________.

excessive

Prosecutors are immune from civil actions for malicious prosecution, this is called:

immunity.

The surrender of a person accused of a crime by one state to another is known as:

extradition

True or False: Many rules of evidence do not apply to grand jury proceedings.

True

_______ is the place of the trial, usually where the offense was committed.

Venue

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