145 terms

Criminal procedure- carroll doctrine

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Like most constitutional democracies, the justice system in the United States continually experiences a tension between the need to ____ and the need to ____.
respect individual rights; maintain public order
The only crime defined in the United States Constitution is
Treason
The __________________ provides that no law is constitutional if it "prohibits the free exercise" of religion.
Free Exercise Clause
Which of the following is most consistent with the principles of the Crime Control Model?
confidence in the police and prosecutors' judgments
Freedom from double jeopardy is guaranteed by the
Fifth Amendment
A "due process" clause is found in which Amendments?
Fifth and Fourteenth
The right to a speedy and public trial is part of which Amendment?
Sixth
Cruel and unusual punishment is forbidden by which Amendment?
Eighth
Which Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states?
fourteenth
Which of the following is not considered a fundamental right?
right to a grand jury indictment
The constitution as originally proposed to the States in 1787 contained the Bill of Rights.
False
All ex post facto laws are retroactive.
True
The main purpose of the original Constitution was to establish individual liberties and freedoms.
False
The Sixth Amendment provides a right to be represented by counsel in all criminal prosecutions that may result in imprisonment.
True
Article III of the Constitution establishes the U.S. Supreme Court as the highest judicial body in the United States and specifies the Court's original and appellate jurisdiction.
True
Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules are considered ______________.
Administrative Law
The _________ branch of government creates most of the law of criminal procedure.
Judicial
The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today, we refer to this shift in policy as the _____________ of the 1960s.
Due Process Revolution
The power of the government to acquire private property is called ___________.
Eminent Domain
________ is violated if a practice or rule "offends some principle of justice so rooted in the traditions and conscience or our people as to be ranked as fundamental."
Due process
The only document on the following list which is not based on probable cause is
a subpoena.
What is the limitation that exists on a prosecutor's discretion to file charges and to make a determination about what offense to charge?
The prosecutor must have probable cause to believe the defendant committed the charged offense.
The purpose of the preliminary hearing is
to determine the existence of probable cause.
The exclusionary rule
does not require the exclusion of other evidence that is not connected to the tainted evidence
The exclusionary rule
requires that if police unconstitutionally seize evidence, it not be used in a criminal prosecution against the person whose rights were violated.
Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful observations. The best chance for the prosecutor to have the evidence be admissible would be under
the independent source exception
To invoke the exclusionary rule to challenge the admissibility of evidence, the defendant must have standing, therefore
the defendant's right to privacy must have been violated.
The Fifth Circuit Court of Appeals established a totality of the circumstances test that has been endorsed and applied by other courts in cases that followed. The test is applied to assess probable cause based on informant information. Which of the following is not among the factors considered in the test?
whether the informant information is firsthand or secondhand
Which of the following concepts is so important that it has been referred to as the "touchstone" of the Fourth Amendment?
reasonableness
Which of the following is the best characterization of the U.S. Supreme Court's current view toward the Aguilar-Spinelli two-prong criteria?
The criteria are a good reference point for analyzing probable cause based on informant information, but the applicability to all cases is limited.
In felony cases, the purpose of the initial appearance is to accept the defendant's plea.
False
The U.S. Supreme Court has not adopted a specific definition for the beyond a reasonable doubt standard.
True
A "search" occurs when an expectation of privacy that society is prepared to recognize is infringed.
True
The U.S. Supreme Court has a strong preference that arrests and searches be authorized by a warrant.
True
A criminal informant's credibility (veracity/truthfulness) must always be established by a statement of underlying facts and circumstances.
True
The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ________.
Brady Rule
A ______ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
summons
A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.
meaningful inference
Probable cause is evaluated by examining the __________ in the possession of the police at the time of the arrest or search, not merely the personal knowledge of the arresting or searching officer.
collective knowledge
Third party information is often referred to as ________.
Hearsay
An officer has made a lawful arrest of the suspect in his home based on a warrant for the crime of fraudulent and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?
no unreasonable intrusion on privacy
Which of the following is not a requirement of the plain view doctrine?
The discovery of the item by the officer must be inadvertent.
Courts have created exceptions to the warrant requirement for motor vehicles because of their
mobility and lesser expectation of privacy.
In Chambers v. Maroney, the Court extended the Carroll doctrine to include:
impoundment before search
Following a traffic stop, an officer has probable cause to arrest an occupant of a motor vehicle, but does not have probable cause to believe that evidence of the crime will be found in the vehicle. The officer places handcuffs on the person and places the individual in the back seat of the police vehicle. Following this:
the officer may immediately search the arrestee and can have the vehicle towed and an inventory of the vehicle conducted.
Which of the following statements is true concerning search incident to arrest and the automobile exception?
The requirements needed to justify the search of a vehicle are different for the automobile exception compared to search incident arrest.
Which of the following persons would have standing to challenge a particular search by police that was conducted based on the automobile exception?
a person authorized to drive a rental car under a rental contract that has expired.
An officer has arrested a driver on a busy city street for Driving While Intoxicated. To lawfully have the vehicle towed from the scene, the officer
needs no other authority or justification than department policy.
A warrantless examination of the exterior of a car is reasonable under the Fourth Amendment
because there is no reasonable expectation of privacy in the readily visible areas.
Which of the following is not a reason for allowing an inventory of an impounded vehicle?
To search for incriminating evidence
The prior valid intrusion requirement means that the officer must have lawfully arrived at the place from which she perceived the item to be seized.
True
Under the plain view doctrine, an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.
True
According to the plain view doctrine, an officer must be able to tell by just looking at an item which is out in the open that the item is seizable.
True
During an inventory, an officer picks up a jacket from the seat of the vehicle. Underneath the jacket was a clear baggie containing drugs. The doctrine which allows the officer to seize the drug evidence is the plain view doctrine
True
The warrantless search of a residence is not constitutionally permissible simply because a homicide has recently occurred there. There is no _______________.
murder scene exception
Minnesota v. Dickerson, 508 U.S. 366 (1993), applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search. This is sometimes called the
plain touch doctrine
If possible, warrantless searches under the ________ doctrine should be conducted immediately at the scene where the vehicle is stopped.
Carroll
A(n) ____________ of an automobile is not considered a search for Fourth Amendment purposes because its object is not to find incriminating evidence as part of a criminal investigation.
inventory
For the automobile exception to be met regarding a search, two criteria must be met. First, the officer must believe that the automobile must contain illegal contraband, and secondly, the vehicle must be ________ such that it can be ; moved to outside the jurisdiction.
readily mobile
Incident to arrest, which of the following would an officer not be allowed to seize without additional justification?
Blood sample
Which of the following is not allowed incident to arrest but requires a search warrant?
Blood sample for typing from a suspected rapist
A police officer has made a custodial arrest of a person for a traffic offense. The officer may search the
arrestee's clothing, wallet and anything in the arrestee's pockets.
The key factor(s) in deciding whether or not a warrant is required to open any container seized incident to arrest of a person is(are) whether or not the container is
both closely associated with the arrestee's person and still in the arrestee's immediate control.
A police officer has arrested the driver of a car for burglary. The officer calls for the car to be towed from the scene to the police impound lot. Using Belton for justification at the impound lot
the officer may not search the car.
When a police officer arrests a person in the company of other people either in public or in a premises
the officer may frisk the others based on a reasonable belief that they are armed and dangerous.
A police officer arrests the driver of a car based on a warrant for unpaid traffic fines. There are passengers in the car. The officer may
without further justification search the driver, the interior of the passenger compartment of the car and any containers therein.
If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises
with articulable facts on which to base reasonable suspicion that others may be present.
The main advantage of a consent search for law enforcement personnel is that
it is more convenient than warrant procedure.
Consent will generally be held to be involuntary
when the consenter is the subject of an illegal arrest.
To establish that consent was valid, the prosecutor must show
that the consenter had authority and gave consent voluntarily
Police have arrested an individual and have him handcuffed in the back seat of the police car. He had struggled and was slightly injured by the officers' subduing him. Officers want the arrestee's consent to search his car. Among the following, which is their best tactic for insuring that the consent will be considered voluntary by the court?
To tell him that he has a right to refuse permission to search
An officer has made a lawful stop of a vehicle for a malfunctioning brake light. The officer tells the driver that, if he wants to, he can attempt to repair the light and thereby avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, the court is likely to find that the search was
valid because the driver's actions indicate voluntariness.
Which of the following suspects who have given consent would have the greatest difficulty in establishing that his consent was involuntary?
A college student who has taken a course in the law of criminal procedure.
An officer receives permission from the resident of an apartment to look around. This permission allows the officer to
search drawers in cabinets and dressers.
A high school principal summons police to be present when the locker of one of the students is opened. The student was suspended 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 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.
A person voluntarily consenting to a search may later contest the search on constitutional grounds, even though consent was given.
False
Under the Belton rule, an officer may search all the occupants of the vehicle involved.
False
Proper execution of an anticipatory search warrant is dependent upon:
a triggering condition.
Even at the borders of the United States, there is a reasonable expectation of privacy that has to be observed by the government.
False
A _______ of property occurs when there is some meaningful interference with an individual's possessory interests in that property.
Seizure
Random manual searches of would-be passengers on an airline and his or her belongings for weapons or explosives is
not a violation of the Fourth Amendment
The method of establishing probable cause through the use of an informant's information is sometimes referred to as:
the hearsay method.
If a portion of a warrant is deficient with respect to the probable cause and particularity requirements then the entire warrant will be judged to be constitutionally invalid.
False
In the case of Olmstead v. United States the Court decided that the practice of wiretapping was not covered by the Fourth Amendment. Which of the following was among the reasons?
The evidence was obtained only by hearing (and did not involve tangible items) the interception of a conversation could not qualify as a seizure.
A law enforcement officer's perceptions that a crime is being committed in his or her presence clearly provide __________ to arrest the person committing the crime.
probable cause
Under the ________________________, victims of computer attacks by hackers may authorize law enforcement officials to intercept wire or electronic communications of a computer trespasser, if specific statutory requirements are satisfied.
computer trespasser exception
A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and flashlight. The officer briefly detains the person to ask a few questions to determine what the individual is doing. This is
a stop
The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969) established a process for evaluating probable cause based on informant information. Which of the following is not part of the criteria for the established process?
The information must be judged based on the totality of the circumstances.
Which of the following is not generally impacted by an illegal arrest?
jurisdiction to try a person for a crime
The judicial branch of law expounds and interprets the law.
True
Which of the following is not one of the modern justifications for assessing a defendant's competence to stand trial?
An incompetent person is one that does not have the resources to pay for the defense.
The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today, we refer to this shift in policy as the _____________ of the 1960s.
Due Process Revolution
The location of the court is referred to as _______.
Venue
In response to the terrorist attacks on September 11, 2001, cities across the United States took steps to increase security to protect buses, trains, ferries, and other forms of public transportation from terrorist attack. To date, the courts:
have been supportive of these measures.
A person is "picked up for questioning" by the police and taken to the police station interrogation room where he/she is given Miranda warnings and questioned. He/she was never told "You're under arrest". This is
a seizure tantamount to arrest.
The main purpose of the arraignment is to
accept a plea from the accused
For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n)
interference with a person's possessory interests in that property.
The statutory-based exclusionary rule in title III:
applies to wire, oral, and electronic communications
Based on Chimel v. California, the key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person is:
Is the container both closely associated with the arrestee's person and still in the arrestee's immediate control?
Whether a piece of land or a building falls within the curtilage is determined by considering four factors. Which of the following is not among these factors?
the official property lines of the curtilage
The intention of a suspect to abandon property can be determined by considering:
words that are spoken, actions done, and other objective facts.
Enclosing an area with a sight-obscuring fence
will not bring it within the curtilage if it is already outside the curtilage.
An officer wants to enter a certain area of a large apartment building to observe activities and seize any contraband he might happen across. A good rule of thumb for the officer is that
he may enter any area commonly used by visitors, businessmen, and delivery people to gain access and move about the building.
A police officer rummages through the garbage of a suspect without probable cause, without a warrant, and without reasonable suspicion. The officer finds incriminating evidence. Unless there is a state law to the contrary, the determining factor in the admissibility of the evidence will be:
whether the garbage was located within the curtilage of the residence.
What is the essential reason why the right to counsel under the 5th Amendment is less restrictive on the role of the police than the right to counsel under the 6th Amendment?
The 6th Amendment concerns rights after criminal charges have been formally filed.
Police are questioning a suspect about a crime. Miranda warnings are read to the suspect and the suspect clearly indicates he wishes to remain silent. The police:
must immediately respect the decision and stop with questioning, but may continue questioning about the crime, and possibly other crimes, after a significant amount of time passes and after re-reading the Miranda warnings prior to subsequent interrogations
Police attempt to interrogate a criminal suspect at the police station prior to any court appearance. The suspect states unequivocally that he wants an attorney present during the questioning. Which of the following is a true statement?
If the suspect is released from Miranda custody and returned to his normal life for some time, generally 14 days, police are legally permitted to attempt the interrogation again.
When governmental coercion is at issue, most courts examine the voluntariness of a Miranda waiver by inquiring about:
the suspect's capacity for self-determination was critically impaired.
When a court is in the process of judging voluntariness of a confession and the issue is the impact of age and mental capacity, the court evaluates any evidence on the basis of:
whether the presence of the circumstances impacted the will of the suspect.
A garage used in connection with a multiunit dwelling is considered to be outside the curtilage.
True
Violations of Miranda rights produce fewer consequences compared to those that are normally triggered by other violations of constitutional criminal procedure rights.
True
Some courts use a rule of thumb that the curtilage ends approximately _________ feet from the main dwelling.
75
The term _________ may include any unoccupied or undeveloped area outside of the curtilage.
open fields
The essential ingredient which must be present for a statement to be considered involuntary is __________.
police coercion
Sometimes, suspects specifically invoke their Miranda rights in a narrow way, while acting in a manner that suggests they impliedly waive their Miranda rights with regard to other aspects of a case. These are referred to as
selective waivers
The term ___________ is a broad term meaning simply any oral or written declaration or assertion.
Statement
The victim of a car-jacking is being interviewed by police at the scene when a police car drives slowly by with a suspect who was apprehended in the victim's car, sitting in the front passenger seat of the police car. The victim looks up and identifies the passenger as the perpetrator
The most specific term for this procedure is ------- showup
Within a half-hour after a robbery, the police bring to the victim a suspect they have stopped in the vicinity. The most specific term for this procedure is a
showup
In which of the following circumstances would it be appropriate to use a showup identification?
Police apprehend a suspect near the scene of the crime shortly after commission of the crime
The generic term which means any type of presentation of a suspect in person to a victim to identify the perpetrator is
Confrontation
____ is an unconscious process that concerns the acquisition, retention, and recall of past experience.
Memory
Most courts hold that once a person is in custody, his or her liberty ____ under the Fourth Amendment by being presented in a lineup for witnesses to view.
is not further infringed
If police require a person in custody to appear in a lineup over his objection, there is
no violation of any rights
For police to require a person not in custody to appear in a lineup
can be done with consent, a court order or order of a grand jury and may require the existence of probable cause to arrest the individual.
In which of the following circumstances would it be appropriate for police to force a suspect to wear appearance-altering material such as wigs or false facial hair, when participating in a lineup?
Only if the suspect altered his appearance between the time of the crime and his apprehension.
An indicted suspect and his attorney are seated in an interrogation room at the police station. Without informing the suspect or attorney, the police allow a witness to observe them through a window in the room's wall to determine if the victim can identify anyone in the room as the perpetrator.
This procedure is a violation of the defendant's rights.
Applying the rule of law of Kirby v. Illinois, in which of the below choices the suspect does not have a right to have an attorney prior to or during the confrontation?
An on-scene showup immediately after a warrantless arrest
The rule of law from ____ is that the right to counsel attaches to lineups and showups conducted at or after the initiation of adversarial judicial proceedings
Kirby v. Illinois
The neutral and detached requirement for the issuing authority means that the issuer
must not have anything to gain or lose in the outcome
Probable cause must be based on
Facts
After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search warrant for stolen property hear no sound. The officers
may break in without further process.
Officers about to execute a search warrant for narcotics in a dwelling
must follow knock and announce requirements
Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. When they execute the warrant, there is a bartender and eighteen customers.
The officers may, without more, search the premises for drugs, but need specific probable cause for each person they want to search for drugs and specific, articulable suspicion of danger to frisk for weapons.
Officers have a warrant to search a dwelling for three shotguns stolen in a burglary of a gun store. In executing the warrant, they discover many other firearms not described on the warrant, some of which they recognize immediately as having been taken in the same burglary. The officers
may seize the shotguns described on the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms.
Which of the following is not a limitation that some courts impose on applications for search warrants for electronically stored information?
limitations on how forensic evidence can be used in court
A transfer containing the human voice at any point between and including the point of origin and the point of reception is called ____________.
aural transfer
The Foreign Intelligence Surveillance Act (FISA) authorizes courts to conduct ___________ of surveillance materials.
closed review
The __________ showing required for electronic surveillance is the same as that required by the Fourth Amendment for a search warrant.
probable cause
The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.
True
A ___________ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an affidavit supporting a warrant is based.
Franks hearing
A ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a "reasonable necessity for the seizure."
Sneak and steal
Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the probable cause ______________________ before beginning the search.
has become stale
The person swearing-out an affidavit is referred to as the __________.
Affiant
A(n) ___________ is defined as "...a transfer containing the human voice at any point between and including the point of origin and the point of reception."
Aural Transfer
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