Criminal Procedure Final Exam

Stare decisis is the principle that

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

The concepts of venue refers to

Appellate courts generally:

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

Which of the following rights has not been incorporated?

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

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

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

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

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

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

The predominant view of plea bargaining is that it is:

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

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

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

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

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

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

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

Which of the following does not require probable cause?

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

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

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

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

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

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

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

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

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

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

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

The exclusionary rule does NOT apply to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A search cannot be performed until _______ has been established.

A stop becomes an arrest when it is:

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

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

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

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

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

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

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

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

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

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

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

The common factor in all special needs searches is that they

The GENERAL rule is that searches and seizures can be made

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

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

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

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

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

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

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

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

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

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

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

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

Inventory searches of vehicles are valid but must follow:

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

During valid traffic stops, officers must always:

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

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

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

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

Which of the following would indicate abandonment of an item?

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

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

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

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

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

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

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

Fourth Amendment protections do not apply at immigration borders because