Deck 13: Civil Liberties in the Criminal Justice System

ملء الشاشة (f)
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سؤال
Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?

A) The right to counsel
B) The right to a trial by jury in felony cases
C) The right to a grand jury indictment
D) The right against double jeopardy
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سؤال
The right to a fair trial in federal cases stems from what constitutional source?

A) The Fourth Amendment Speedy Trial Clause
B) The Sixth Amendment Fair Trial Clause
C) The Fifth Amendment Just Hearing Clause
D) The Fifth Amendment Due Process Clause
سؤال
Under most domestic search warrants what legal standard must be established before a warrant will be issued?

A) Certiorari
B) Reasonable cause
C) Reasonable suspicion
D) Probable cause
سؤال
The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:

A) Gideon v. Wainwright.
B) Batson v. Kentucky.
C) Brady v. Maryland.
D) Santobello v. New York.
سؤال
An arrest must be based on evidence that would constitute:

A) suspicion.
B) probable cause.
C) proof beyond a reasonable doubt.
D) clear and convincing evidence.
سؤال
A "Terry search" is another name for a(n) ________, for which the police officer must have ________.

A) sneak and peek search/probable cause
B) stop and frisk search/reasonable suspicion
C) sneak and peek search/reasonable suspicion
D) stop and frisk search/probable cause
سؤال
Determining whether an officer has probable cause to effectuate an arrest is based on ________.

A) the totality of the circumstances
B) the Terry rule
C) the "reasonable officer" standard
D) the "reasonable suspect" standard
سؤال
Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ________.

A) be a legal U.S. citizen
B) be a legal U.S. resident
C) have a reasonable expectation of privacy
D) not be guilty of a crime
سؤال
In order for a warrantless consent search to be valid, the consent must be given ________.

A) knowingly, intelligently, and voluntarily
B) knowingly, rationally, and peacefully
C) in writing
D) verbally or in writing
سؤال
Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following EXCEPT:

A) Suzie's pant pockets.
B) under the couch.
C) in the couch under the cushions.
D) the coat closet in the adjacent hallway.
سؤال
Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be:

A) admissible if it was immediately apparent as contraband.
B) admissible only if the police found cocaine too.
C) admissible, but only if Mary gave consent to the search of the closet.
D) inadmissible, as the gun was not listed on the search warrant.
سؤال
Miranda requirements apply during:

A) investigatory stops.
B) custodial interrogations.
C) automobile searches.
D) stop and frisks.
سؤال
Under the fifth and/or sixth amendment, a person has the right to counsel during each of the following stages EXCEPT:

A) guilty pleas and sentencing.
B) appeals as a matter of right.
C) misdemeanor trials when imprisonment is actually imposed.
D) appeals to the Supreme Court.
سؤال
In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire.

A) Furman v. Georgia
B) Batson v. Kentucky
C) Gregg v. Georgia
D) Booth v. Maryland
سؤال
Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures?

A) Serious offense
B) Plain feel
C) Plain view
D) Exigent circumstances
سؤال
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?

A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges
سؤال
When does jeopardy attach during a jury trial?

A) When the jury is sworn in
B) When the first witness is sworn in
C) When the jury reaches its verdict
D) When the jury begins its deliberations
سؤال
The constitutional provision against cruel and unusual punishment is found in the ________ amendment.

A) First
B) Fourth
C) Fifth
D) Eighth
سؤال
Each of the following is prohibited as cruel and unusual punishment EXCEPT:

A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
سؤال
The exclusionary rule is a judicially created remedy for violations of the Fourth, Fifth, or Sixth Amendment, which is used to exclude unconstitutionally obtained evidence from a criminal trial.
سؤال
No exceptions to the exclusionary rule exist.
سؤال
Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot.
سؤال
Seizure of a person occurs when law enforcement officer uses force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave the presence of the official.
سؤال
Totality of the circumstances is a legal standard used to review arrests and seizures of persons and property to determine whether probable cause or reasonable suspicion exists.
سؤال
Probable cause is a legal standard requiring the officer to have sufficient and trustworthy information to reasonably believe that a person has committed a crime.
سؤال
A search warrant is required for all searches inside a person's home.
سؤال
In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's cell phone after the suspect is arrested.
سؤال
Miranda warnings are required once it is determined that police are engaging in a custodial interrogation.
سؤال
Miranda warnings are designed to ensure that prior to police questioning, individuals are informed of two basic rights under the Constitution-the right to be silent and the right to an attorney.
سؤال
The Sixth Amendment right to counsel applies to both criminal cases and civil cases.
سؤال
The Sixth Amendment right to counsel, like other constitutional rights, can be waived.
سؤال
In Gideon v. Wainwright (1963), the U.S. Supreme Court ruled that a defendant had a constitutional right to an attorney during state criminal proceedings and that if he could not afford an attorney, the state was required to appoint one.
سؤال
A person may be tried multiple times if the prior trial ended in a mistrial where the prosecution did not intentionally seek to cause the mistrial.
سؤال
The proportionality doctrine is a legal doctrine under the Cruel and Unusual Punishment Clause that requires criminal punishment to be proportional to the crime committed.
سؤال
The ________ rule became applicable to state agents based on the U.S. Supreme Court case Mapp v. Ohio (1962).
سؤال
A Terry Stop is also known as a stop and ________ where a policy officer can conduct an investigatory stop where the officer has reasonable suspicion that the person is armed.
سؤال
A written statement made under oath, typically completed by a police officer when seeking a search warrant, is known as a(n) ________.
سؤال
The plain ________ doctrine is an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity.
سؤال
The Fifth Amendment right against self-incrimination applies to testimony or statements, not to ________ evidence.
سؤال
The right against self-incrimination under the ________ Amendment is bolstered by additional protections under the Due Process Clauses of the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to counsel.
سؤال
The Sixth Amendment right to counsel applies only to ________ stages of the prosecution
سؤال
The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must be at least ________ jurors to decide a case.
سؤال
The dual ________ doctrine is a legal theory associated with the Double Jeopardy Clause that provides that federal and state governments may try a person for the same act.
سؤال
Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty does not inherently violate the ________ Amendment prohibition against cruel and unusual punishment.
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-automobile exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-evanescent evidence exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-public safety exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain-feel exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-open fields doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-protective sweep

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-consent searches

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-exigent circumstances exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-hot-pursuit rule

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain view doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
سؤال
What is a Terry stop?
سؤال
What is the definition of probable cause?
سؤال
What is the automobile exception to the warrant requirement under the Fourth Amendment?
سؤال
What is the purpose of the Miranda warnings?
سؤال
What are the "critical stages"
of criminal procedure where the right to counsel exists?
سؤال
Discuss whether the warrantless tracking of an individual through the use of real-time cell phone site location information is a violation of the individual's rights under the Fourth Amendment.
سؤال
Which constitutional right afforded to criminal suspects under the Fifth or Sixth Amendment is the most important to you personally? Explain your position.
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ملء الشاشة (f)
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Deck 13: Civil Liberties in the Criminal Justice System
1
Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?

A) The right to counsel
B) The right to a trial by jury in felony cases
C) The right to a grand jury indictment
D) The right against double jeopardy
The right to a grand jury indictment
2
The right to a fair trial in federal cases stems from what constitutional source?

A) The Fourth Amendment Speedy Trial Clause
B) The Sixth Amendment Fair Trial Clause
C) The Fifth Amendment Just Hearing Clause
D) The Fifth Amendment Due Process Clause
The Fifth Amendment Due Process Clause
3
Under most domestic search warrants what legal standard must be established before a warrant will be issued?

A) Certiorari
B) Reasonable cause
C) Reasonable suspicion
D) Probable cause
Probable cause
4
The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:

A) Gideon v. Wainwright.
B) Batson v. Kentucky.
C) Brady v. Maryland.
D) Santobello v. New York.
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5
An arrest must be based on evidence that would constitute:

A) suspicion.
B) probable cause.
C) proof beyond a reasonable doubt.
D) clear and convincing evidence.
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6
A "Terry search" is another name for a(n) ________, for which the police officer must have ________.

A) sneak and peek search/probable cause
B) stop and frisk search/reasonable suspicion
C) sneak and peek search/reasonable suspicion
D) stop and frisk search/probable cause
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7
Determining whether an officer has probable cause to effectuate an arrest is based on ________.

A) the totality of the circumstances
B) the Terry rule
C) the "reasonable officer" standard
D) the "reasonable suspect" standard
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8
Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ________.

A) be a legal U.S. citizen
B) be a legal U.S. resident
C) have a reasonable expectation of privacy
D) not be guilty of a crime
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9
In order for a warrantless consent search to be valid, the consent must be given ________.

A) knowingly, intelligently, and voluntarily
B) knowingly, rationally, and peacefully
C) in writing
D) verbally or in writing
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10
Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following EXCEPT:

A) Suzie's pant pockets.
B) under the couch.
C) in the couch under the cushions.
D) the coat closet in the adjacent hallway.
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11
Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be:

A) admissible if it was immediately apparent as contraband.
B) admissible only if the police found cocaine too.
C) admissible, but only if Mary gave consent to the search of the closet.
D) inadmissible, as the gun was not listed on the search warrant.
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12
Miranda requirements apply during:

A) investigatory stops.
B) custodial interrogations.
C) automobile searches.
D) stop and frisks.
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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13
Under the fifth and/or sixth amendment, a person has the right to counsel during each of the following stages EXCEPT:

A) guilty pleas and sentencing.
B) appeals as a matter of right.
C) misdemeanor trials when imprisonment is actually imposed.
D) appeals to the Supreme Court.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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14
In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire.

A) Furman v. Georgia
B) Batson v. Kentucky
C) Gregg v. Georgia
D) Booth v. Maryland
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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15
Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures?

A) Serious offense
B) Plain feel
C) Plain view
D) Exigent circumstances
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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16
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?

A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges
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17
When does jeopardy attach during a jury trial?

A) When the jury is sworn in
B) When the first witness is sworn in
C) When the jury reaches its verdict
D) When the jury begins its deliberations
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18
The constitutional provision against cruel and unusual punishment is found in the ________ amendment.

A) First
B) Fourth
C) Fifth
D) Eighth
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19
Each of the following is prohibited as cruel and unusual punishment EXCEPT:

A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
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20
The exclusionary rule is a judicially created remedy for violations of the Fourth, Fifth, or Sixth Amendment, which is used to exclude unconstitutionally obtained evidence from a criminal trial.
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21
No exceptions to the exclusionary rule exist.
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22
Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot.
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23
Seizure of a person occurs when law enforcement officer uses force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave the presence of the official.
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24
Totality of the circumstances is a legal standard used to review arrests and seizures of persons and property to determine whether probable cause or reasonable suspicion exists.
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25
Probable cause is a legal standard requiring the officer to have sufficient and trustworthy information to reasonably believe that a person has committed a crime.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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26
A search warrant is required for all searches inside a person's home.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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27
In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's cell phone after the suspect is arrested.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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28
Miranda warnings are required once it is determined that police are engaging in a custodial interrogation.
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29
Miranda warnings are designed to ensure that prior to police questioning, individuals are informed of two basic rights under the Constitution-the right to be silent and the right to an attorney.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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30
The Sixth Amendment right to counsel applies to both criminal cases and civil cases.
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31
The Sixth Amendment right to counsel, like other constitutional rights, can be waived.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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32
In Gideon v. Wainwright (1963), the U.S. Supreme Court ruled that a defendant had a constitutional right to an attorney during state criminal proceedings and that if he could not afford an attorney, the state was required to appoint one.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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33
A person may be tried multiple times if the prior trial ended in a mistrial where the prosecution did not intentionally seek to cause the mistrial.
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34
The proportionality doctrine is a legal doctrine under the Cruel and Unusual Punishment Clause that requires criminal punishment to be proportional to the crime committed.
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35
The ________ rule became applicable to state agents based on the U.S. Supreme Court case Mapp v. Ohio (1962).
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36
A Terry Stop is also known as a stop and ________ where a policy officer can conduct an investigatory stop where the officer has reasonable suspicion that the person is armed.
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37
A written statement made under oath, typically completed by a police officer when seeking a search warrant, is known as a(n) ________.
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38
The plain ________ doctrine is an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity.
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39
The Fifth Amendment right against self-incrimination applies to testimony or statements, not to ________ evidence.
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40
The right against self-incrimination under the ________ Amendment is bolstered by additional protections under the Due Process Clauses of the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to counsel.
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41
The Sixth Amendment right to counsel applies only to ________ stages of the prosecution
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42
The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must be at least ________ jurors to decide a case.
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43
The dual ________ doctrine is a legal theory associated with the Double Jeopardy Clause that provides that federal and state governments may try a person for the same act.
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44
Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty does not inherently violate the ________ Amendment prohibition against cruel and unusual punishment.
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افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
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k this deck
45
Match the exception to the Fourth Amendment warrant requirement to its description .

-automobile exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
46
Match the exception to the Fourth Amendment warrant requirement to its description .

-evanescent evidence exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
47
Match the exception to the Fourth Amendment warrant requirement to its description .

-public safety exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
48
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain-feel exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
49
Match the exception to the Fourth Amendment warrant requirement to its description .

-open fields doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
50
Match the exception to the Fourth Amendment warrant requirement to its description .

-protective sweep

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
51
Match the exception to the Fourth Amendment warrant requirement to its description .

-consent searches

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
52
Match the exception to the Fourth Amendment warrant requirement to its description .

-exigent circumstances exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
فتح الحزمة
افتح القفل للوصول البطاقات البالغ عددها 61 في هذه المجموعة.
فتح الحزمة
k this deck
53
Match the exception to the Fourth Amendment warrant requirement to its description .

-hot-pursuit rule

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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54
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain view doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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55
What is a Terry stop?
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56
What is the definition of probable cause?
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57
What is the automobile exception to the warrant requirement under the Fourth Amendment?
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58
What is the purpose of the Miranda warnings?
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59
What are the "critical stages"
of criminal procedure where the right to counsel exists?
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60
Discuss whether the warrantless tracking of an individual through the use of real-time cell phone site location information is a violation of the individual's rights under the Fourth Amendment.
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61
Which constitutional right afforded to criminal suspects under the Fifth or Sixth Amendment is the most important to you personally? Explain your position.
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