Criminal Procedure Final Exam

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Stare decisis is the principle that

New cases should be decided in a fashion consistent with the law established in prior cases

The most important rights available to an accused in a criminal prosecution come from:

The Us Constitution

The concepts of venue refers to

The place where the case will be tried

Appellate courts generally:

Determine whether errors were committed by the courts below them

The rights to speedy, public and jury trials, and to confront adverse witnesses are found in the ____ Amendment

Sixth

Which of the following rights has not been incorporated?

The Fifth Amendment right to grand jury review

If a court has the legal authority to hear a case, this means that the court has:

Jurisdiction

Police ___ in the US is closely tied to the concept of the rule of law

Accountability

The number of US Supreme Court Justice votes required to win a case in the US Supreme Court is:

Five

A majority of cases get to the Supreme Court from the lower courts on a:

Writ of Certiorari

Which of the following is NOT a source of rights for defendants?

Judicial discretion

The dismissal of a juror based on reasons specified by the law is known as:

Challenge for cause

The predominant view of plea bargaining is that it is:

Essential and necessary

Which of the following is NOT true regarding a motion for a mistrial?

Usually alleges violations of the defendant's rights before or during the trial

When comparing procedures in criminal cases from state to state, one finds that:

Procedures are similar or identical because they are required by the US Constitution

A summons is a writ directed to a peace officer or other person commanding them to:

Notify the person that they must appear in court to answer charges

Typically, the first thing that will happen after arrest is:

Booking

Which of the following is NOT a form of plea bargaining?

A defendant pleads guilty while maintaining his innocence

If a defendant, tried in the state trial court of Illinois, were to file a writ of habeas corpus, at what time in the appeals process would he file his writ?

Right after his appeal was denied in the Illinois SUPREME Court

In what type of guilty plea does the defendant still maintain his innocence?

An Alford Plea

Which of the following does not require probable cause?

Stop and frisk

Which of the following does the Court consider when evaluation information given by informants?

Both a & b = a) the quality of the information, b) the credibility of the information

A trial court's determination of probable cause can be reviewed by a(n) ________

appellate

An officer received an anonymous tip that controlled substances are being transferred in a particular vehicle to a particular place. This is the only information the officer has on the matter. The best course of action would be for the officer to immediately:

Attempt to corroborate as much of the tip as possible.

In Alabama v. White, the US Supreme Court held that an anonymous tip supplemented by ______ could establish reasonable suspicion.

Corroboration by independent police work

If an officer uses information from an undercover informant who is engaged in criminal activity to establish probable cause, the Fourth Amendment requires in all cases that the officer:

Provide some information to support the informant or the informant's information

In some jurisdictions, the absence of probable cause in a warrant must be established by the defendant through:

Clear and convincing evidence

An officer can use which of the following to establish probable cause

All of the above= The officer's own knowledge of particular facts and circumstances, Information given by a reliable third person, Information plus corroboration

Which of the following sources of information is valued most highly by courts when they review an officer's or magistrate's determination of probable cause?

Information from another police officer based on that officer's personal observations

In Illinois v. Gates (1983), for probable cause determinations, the US Supreme Court:

Adopted the totality of the circumstances test

The federal exclusionary rule may be triggered by violation of which of the following?

The Fourth Amendment

In order for a person to invoke the exclusionary rule, they must have:

Standing

The exclusionary rule does NOT apply to:

Cross-examination of the defendant for credibility

According to the Supreme Court opinion in Mapp v. Ohip (1961) involving a police search for a bombing suspect:

The exclusionary rule applies to the states through teh Fourtheenth Amendment due process clause

The exclusionary rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is not admissible in:

A criminal proceeding as evidence of guilt

The basic idea behind the good faith exception is that the exclusionary rule should only apply if there was:

Deterrable misconduct by the police

A patrol officer is chasing a suspect fleeing from an armed robbery where the suspect fired a pistol. The suspect flees into his own home where the officer enters and arrests the suspect. An immediate search of the suspect reveals an empty shoulder holster. Without advice of rights the officer asks the suspect the whereabouts of the gun. The suspect states that he threw it into the trash bin as he ran through the house. The weapon is found. Which of the following would be the most applicable to making the gun admissible at trial?

Inevitable discovery exception

Assume that the police search Mr. X's home without a warrant and in violation of the Fourth Amendment. At his home they find a key, which they recognize as being for a locker at the local bus station. They go to the bus station, find the locker, and open it, discovering a substantial amount of cocaine inside. Which of the following rules states that this evidence is not admissible?

Fruit of the poisonour tree

The exclusionary rule does not apply to which of the following?

Violation of a department policy

In contrast with the US, Britain and most other countries in the world have:

A much stronger exclusionary rule

An officer may confiscate an iten during a frisk if it is immediately apparent that the item is:

Either A or B= A weapon, A contraband

The decision in Illinois v. Wardlow allows police to stop individuals in a high crime area if that individual

Flees upon seeing the police

In the absence of some justification, the display of police weapons during a stop may convert the stop into a/an:

Arrest

An officer makes a valid stop for a non-violent offense. Which of the following actions by the officer is not automatically justified?

Conducting a frisk.

An officer observes an individual talking with known drug addicts over a period of several hours. The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What position would the courts take pertaining to this seizure?

Throw out the search as an illegal seizure

The police have a reasonable suspicion and ask a traveler at the airport if they can search his luggage. the suspect refuses. The officers lack probable cause and tell the suspect he is free to go. However, they refuse to return the luggage to the suspect, telling him they are waiting for a drug-detection dog. The suspect waits for 2 hours, but the dog does not appear. Although lacking probable cause, the police still refuse to give the suspect the luggage, and he leaves. Under the 4th Amendment, this police action is:

Unlawful because the police lacked probable cause to detain the luggage or suspect

If a person is taken to or kept at a police station without their consent, the police must have

At least reasonable suspicion

A search cannot be performed until _______ has been established.

Probable cause

A stop becomes an arrest when it is:

Longer than reasonable

Which is the appropriate order for instructions for officers to follow in stop and frisk cases?

Observe, approach and identify, ask questions.

Officers enter the home of a man and place him under arrest. The man was located and arrested in his living room area. Law enforcement officers then conducted a protective sweep of all of the upstairs area, basement, and garage areas to ensure no one else was in the home that could harm the officers.

This full sweep is only justified if there is reasonable suspicion to believe accomplices are present that could harm the officers.

A police officer has arrested a man for unlawful possession of narcotics. The arrestee is carrying a suitcase. The officers removes the suitcase from the arrestee's possession and transports the arrestee and the suitcase to the police station. An hour later, after booking the arrestee

The officer may search the suitcase only with a warrant

If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises to search for an accomplice

with articuable facts on which to base reasonable suspicion that others may be present

The police have a warrant to arrest Tom Jones. They discover that he is in the home of Jim Smith. To lawfully arrest Jones in Smith's house, the police:

must obtain a search warrant for Smith's home

Which of the following is required to be in a warrant?

The offense charged

A police officer has arrested a woman in her car for driving while intoxicated. Incident to the arrest:

The officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee

Which of the following situations are exception to the knock-and-announce rule?

All the above= when announcing presents a strong threat of danger to the officers, when there is danger that contraband sought might be destroyed, when officers reasonably believe that persons within the premises are in imminent peril of bodily harm

A police officer has informed a man seated at a desk in his home that he is under arrest. the desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locker. As incident to the arrest, the officer may serarch the man

the desk top and the unlocked drawers of the desk

Taking a person into custody by use of firearms is a type of

actual seizure... construction seizure is a peaceful seizure

A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions. This action by the officer:

is not a seizure

The common factor in all special needs searches is that they

are not initiated by the police

The GENERAL rule is that searches and seizures can be made

only with a warrant

The exception for exigent circumstances applies when there is some kind of emergency situation that makes ______ dangers, useless, or unnecessary.

obtaining a search warrant

Which of the following are the two requirements that the Supreme Court specified must exist in order to create a reasonable expectation of privacy to exist

The person must have exhibited an actual expectation of privacy and the expectation must be one that society is prepared to recognize as reasonable

Under the exception for a search incident to a lawful arrest, officers may search:

The area in which the suspect could reach to obtain a weapon or destroy evidence

A home-owner refuses to give consent for a search. In response, the officer states that he will be back with a warrant to search within the hour, even though the officer has no probable cause to have a warrant issued. After hearing the statement, the homeowner allowed police to enter and search. The officers found evidence of crime. It is most likely that the evidence:

will be judged inadmissible because the statement from the officer concerning the warrant was not true at the time the statement was made

Officers appear at a suspect's home (without a warrant) where the suspect's mother is the only resident present. The police officers ask if she will let them search the house for stolen property. She asks if she has to allow it and the officers answer in the affirmative. She consents. The search is

Invalid because the consent is deemed involuntary

Officers knock on an apartment door looking for a male suspect. A female opens the door and the officers learn from her that the suspect is not present and that she is his live-in girlfriend. The officers want valid consent to search. They:

May, without further inquiry, obtain consent from the girl

A high school principal summons the police to be present when the locker of one of the students is opened. The student was suspecded for stealing from other students and the principal wants to see if there is any stolen property in the locker. The officer should advise the principal:

to open the locker immediately, because no consent is needed

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room. They want to search her room without a warrant. They:

Must obtain the suspect's permission

Police have corroborated information that a mobile home, the residence of Ernst, was being used as a distribution point for illicit drugs. The trailer was hooked to utilities and septic system in a mobile home lot and was elevated on blocks. The truck which towed the vehicle was parked nearby. If officers immediately knock and announce, enter, and conduct a warrantless search without consent, the search will be

Invalid because they do not have a warrant

Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer:

immediately open both the bag and the pouch

Courts have created exceptions to the warrant requirement for motor vehicles because of their:

mobility and lesser expectation of privacy

If an officer has probable cause that a movable vehicle contains illicit contraband somewhere within it, but is unsure of exactly where, the officer may search:

the entire vehicle and any containers, locked of unlocked, which are capable of holding the object of the search

Inventory searches of vehicles are valid but must follow:

Departmental rules

Which of the following is a basic rule governing vehicle stops by law enforcement officers?

All of these= roadblocks are an exception to the reasonable suspicion rule, traffic stops that are only pretexts fro vehicle searches are valid, arresting occupants for nonjailable offenses is valid

During valid traffic stops, officers must always:

reasonably limit the duration of the stop

An officer makes a valid traffic stop and issues a valid ticket (citation). The officer has no intention of making an arrest or taking the person into custody. Without consent or probable cause, the officer searches the vehicle. Under the Fourth Amendment, this search:

Is invalid because there is no probable cause or consent

An officer makes a valid stop of an automobile and wants to ask the driver questions about his travel plans and what is in the vehicle. These questions:

May be asked routinely as part of the stop

An officer has validly stopped a motorist and wants to ask the motorist for consent to search. This request for consent:

can be made automatically and at any time during the stop.

Which of the following is least likely to be considered a factor in determining whether an area is part of the open fields or curtilage?

The deed description of the area

Which of the following would indicate abandonment of an item?

Denying ownership of a wallet confiscated by police

Which of the following rights is dependent upon whether formal charges have been filed or a criminal prosecution has begun?

The Sixth Amendment right to an attorney

A suspect in a lineup is ordered to repeat the same words used by the perpetrator of the crime or is ordered to give a voice examplar (sample) for scientific analysis. This procedure violates

The suspect's right to an attorney, if the suspect has been indicted and the attorney is not present

Which of the following is NOT one of the three requirements of the plain view doctrine?

Officers must have reasonable suspicion an illegal activity has occurred

Which of the following is NOT one of the factors from US v. Dunn (1987) that determines if an area is considered part of the curtilage?

The existence of a fence in the yard.

In Horton v. California (1990), the Supreme Court eliminated which of the following plain view requirements?

Inadvertently coming across an incriminating object

Which of the following is NOT a problem with DNA evidence?

It is unreliable

The totality of the circumstances test is used to determine if a pretrial identification procedure has violated which right?

Due process

Fourth Amendment protections do not apply at immigration borders because

Compelling state interest overrides them at that location

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