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Question 1
2 out of 2 points
Regarding searches of probationers’ homes, U.S. v. Knights (2001) relaxed the standard of
reasonableness to include searches by:
Selected Answer: b. law enforcement officers.
Answers: a. probation officers.
b. law enforcement officers.
c. corrections officers.
d. parole officers.
Question 2 2 out of 2 points
To claim successfully that their Fifth Amendment right against self-incrimination was violated,
defendants have to prove three elements. Which of the following is not one of these three elements?
Selected Answer: a. abuse by law enforcement officers
Answers: a. abuse by law enforcement officers
b. compulsion
c. incrimination
d. testimony
Question 3 2 out of 2 points
In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped
motorists, the Court held that:
Selected Answer: a.brief questioning during a traffic stop was not a <custodial interrogation.=
Answers: a.brief questioning during a traffic stop was not a <custodial interrogation.=
b.brief questioning during a traffic stop was a <custodial interrogation.=
c. all motorists must be Mirandized when stopped.
d. motorists should not be questioned during a traffic stop.
Question 4 2 out of 2 points
In what case did SCOTUS hold that criminal suspects who want to protect their right to remain silent
have to speak up and unambiguously invoke it?
Selected Answer: b. Berghuis v. Thompkins
Answers: a. New York v. Quarles
b. Berghuis v. Thompkins
c. Colorado v. Connelly
d. Miranda v. Arizona
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Question 5 2 out of 2 points
SCOTUS has relied on three provisions in the U.S. Constitution to develop rules to control police
interrogation and confessions: the Fourteenth Amendment due process clause, the Sixth Amendment
right-to-counsel clause, and:
Selected Answer: a. the Fifth Amendment self-incrimination clause.
Answers: a. the Fifth Amendment self-incrimination clause.
b. the Eighth Amendment self-incrimination clause.
c. the Fourth Amendment self-incrimination clause.
d. the Tenth Amendment self-incrimination clause.
Question 6
When a suspect asks for an attorney during custodial interrogation:
2 out of 2 points
Selected
Answer: d.
police must stop questioning until an attorney is present or the suspect initiates further
conversation with them.
Answers: a. police can continue questioning while an attorney is summoned.
b.
police can resume questioning after an attorney has been provided, even if the attorney is
not present.
c.police can never question the suspect again without an attorney being present.
d.
police must stop questioning until an attorney is present or the suspect initiates further
conversation with them.
Question 7 2 out of 2 points
In U.S. v. Wade (1967), law enforcement was found to have violated the defendant’s Sixth Amendment
rights in what respect?
Selected
Answer: c.
The defendant was placed in a lineup after being indicted without counsel present.
Answers: a.
There was insufficient clarity in a photograph used to identify the defendant in a photo
array.
b.DNA samples were taken without consent from the defendant’s attorney.
c.
The defendant was placed in a lineup after being indicted without counsel present.
d.
Eyewitnesses were encouraged by police officers to select the defendant from a lineup.
Question 8 2 out of 2 points
SCOTUS’s use of the Fifth Amendment privilege against the self-incrimination approach in reviewing
state confession cases began with:
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Selected Answer: a. Miranda v. Arizona.
Answers: a. Miranda v. Arizona.
b. Lisenba v. California.
c. Escobedo v. Illinois.
d. Brown v. Mississippi.
Question 9 2 out of 2 points
The case of New York v. Quarles (1984), in which an officer asked a suspect about a gun, created what
exception to the Miranda rule regarding custodial interrogation?
Selected Answer: b. the public safety exception
Answers: a. the reliability rationale
b. the public safety exception
c. the implied waiver test
d. the free will exception
Question 10
The right to remain silent can be traced back in history to the:
2 out of 2 points
Selected
Answer: a. laws of Moses embodied in the Talmudic law.
Answers: a. laws of Moses embodied in the Talmudic law.
b.
Articles of Confederation preceding the adoption of the United States Constitution.
c. Preamble of the Stamp Act.
d. Magna Carta.
Question 11 2 out of 2 points
Which of the following is not of one Wisconsin’s recommendations for improving police lineups?
Selected
Answer: c. Present the suspect and the fillers simultaneously.
Answers: a.
Use fillers that will minimize any suggestiveness that might indicate the suspect.
b. Use a "double blind" procedure.
c. Present the suspect and the fillers simultaneously.
d.
Instruct eyewitnesses that the real criminal may or may not be present in the lineup.
Question 12 2 out of 2 points
The <functional equivalent of a question test= was developed in what SCOTUS decision?
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Selected Answer: a. Rhode Island v. Innis
Answers: a. Rhode Island v. Innis
b. Escobedo v. Illinois
c. Brewer v. Williams
d. Miranda v. Arizona
Question 13
With regard to border searches, SCOTUS has found that:
2 out of 2 points
Selected
Answer: b.
the national interest in controlling the nation’s borders outweighs the invasion of privacy
caused by routine border searches.
Answers: a. strip searches must be justified by probable cause.
b.
the national interest in controlling the nation’s borders outweighs the invasion of privacy
caused by routine border searches.
c. body cavity searches are never justified.
d.any kind of border search can be made without any justification whatsoever.
Question 14 2 out of 2 points
In South Dakota v. Opperman (1976), the police conducted an inventory search in which they
searched Opperman’s car after towing it to an impound lot because it was parked illegally. They found
marijuana during a search of the glove compartment. SCOTUS decided that the search of the glove
compartment:
Selected
Answer: a.did not violate the U.S. Constitution, because it was a legitimate inventory search.
Answers: a.did not violate the U.S. Constitution, because it was a legitimate inventory search.
b.
did not violate the U.S. Constitution, because drugs were discovered in the glove
compartment.
c.
violated the U.S. Constitution, because it was conducted on a suspicion that drugs were in
Opperman’s glove compartment.
d.
violated the U.S. Constitution, because it did not use the least intrusive means to secure
the drugs.
Question 15 2 out of 2 points
Research has consistently found that lineup fillers who don’t fit the witness’s previous description of the
culprit:
Selected
Answer: a.
increase the chances significantly that the witness will identify the wrong person.
Answers: a.
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increase the chances significantly that the witness will identify the wrong person.
b.decrease the chances that the witness will identify the wrong person.
c.have no impact on the chances that the witness will identify the wrong person.
d.increase the chances slightly that the witness will identify the wrong person.
Question 16
The special need used to justify employee drug testing is directed mainly at:
2 out of 2 points
Selected
Answer: d.
employees who may endanger public safety while under the influence of illegal
drugs.
Answers: a. criminal law enforcement in general.
b. preventive government civil liability.
c.employees who may be smuggling or selling illegal drugs while employed.
d.
employees who may endanger public safety while under the influence of illegal
drugs.
Question 17
Failure to recall a detail about a crime or to recognize the perpetrator is considered:
Selected Answer: a. retention failure.
Answers: a. retention failure.
b. an error of omission.
c. faulty acquisition.
d. an error of commission.
Question 18
Scientists agree that DNA technology can:
0 out of 2 points
2 out of 2 points
Selected Answer: a.distinguish between any two individuals, other than identical twins.
Answers: a.distinguish between any two individuals, other than identical twins.
b.distinguish with 35 to 40 percent accuracy between two individuals.
c. distinguish between general types of individuals.
d. identify the blood types of individuals accurately.
Question 19 2 out of 2 points
In the SCOTUS case Brown v. Mississippi (1936), involving the beating and torture of three black
suspects to obtain a confession, what were the findings of the Court?
Selected
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Answer: SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced
confessions were not admissible as evidence.
Answers: a. SCOTUS held that forced confessions were admissible as evidence.
b.
SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced
confessions were not admissible as evidence.
c. SCOTUS relied upon the Fifth Amendment self-incrimination clause.
d. SCOTUS declined to review a confession case from a state court.
Question 20
The participants in most police lineups consist mainly of:
Selected Answer: b. inmates from the local jail.
Answers: a. correctional officers.
b. inmates from the local jail.
c. volunteers from the community.
d. civilians who work for the police department.
Question 21
2 out of 2 points
2 out of 2 points
Although SCOTUS has not ruled on this issue, the Eleventh Circuit Court of Appeals has upheld
Georgia’s statute, which requires mandatory testing and storage of DNA for what population?
Selected Answer: d. incarcerated felons
Answers: a. sex offenders in the community
b. incarcerated sex offenders
c. jailed inmates
d. incarcerated felons
Question 22
Researchers recommend that officials:
2 out of 2 points
Selected
Answer:
b.
present members of a lineup to the witness one at a time.
Answers: a.present members of a lineup to the witness at the same time, standing together.
b. present members of a lineup to the witness one at a time.
c.
have the officer who arrested the suspect conduct the lineup.
d.
inform the witness that the suspect is one of the individuals they will be asked to
identify in the lineup.
Question 23 2 out of 2 points
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With regard to a prisoner’s expectation of privacy, the court has ruled that prisoners have:
Selected Answer: b. a substantially reduced expectation of privacy.
Answers: a. rights to privacy equal to those of a free man.
b. a substantially reduced expectation of privacy.
c. absolutely no rights to privacy whatsoever.
d.only those rights that are given at the discretion of the prison administration.
Question 24
Special needs searches include all of the following characteristics, except:
2 out of 2 points
Selected
Answer: c.
their reasonableness depends entirely on protecting invasions of individual privacy.
Answers: a. they can result in criminal prosecution and conviction.
b. they don’t require warrants or probable cause.
c.
their reasonableness depends entirely on protecting invasions of individual privacy.
d.
they are directed at people generally, not at criminal suspects or defendants
specifically.
Question 25 2 out of 2 points
A batch of letter-sized airmail envelopes—from a country well known as a source of narcotics—that are
bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S.
Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be
considered an illegal search and seizure?
Selected
Answer: a.
No, because it constitutes a "border search" and anything crossing the border falls within
this exception.
Answers: a.
No, because it constitutes a "border search" and anything crossing the border falls within
this exception.
b.
No, it would only be admissible with a warrant or with consent, regardless of the border
issue, since it involved the U.S. Mail.
c.
Yes, because there was no probable cause to link the envelopes to any specific crime,
smuggling or otherwise.
d.
No, but only because "probable cause" was not articulated and a search warrant was not
obtained.
Question 26
According to SCOTUS, searches at international borders are reasonable:
2 out of 2 points
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Selected Answer: a. without warrants, probable cause, or reasonable suspicion.
Answers: a. without warrants, probable cause, or reasonable suspicion.
b. only if based on probable cause.
c. only with a warrant.
d. only if based on reasonable suspicion.
Question 27 2 out of 2 points
In
Samson v. California
(2006), SCOTUS expanded the ruling from
U.S. v. Knights
, holding that law
enforcement officers can search parolees’ homes:
Selected Answer: c.without either warrants or individualized reasonable suspicion.
Answers: a. only with probable cause.
b. only with reasonable suspicion.
c.without either warrants or individualized reasonable suspicion.
d. only with warrants.
Question 28 2 out of 2 points
In what case did SCOTUS decide that defendants have no constitutional right of access to forensic
evidence?
Selected Answer: d.District Attorney’s Office for the Third Judicial District v. Osborne
Answers: a. Melendez-Diaz v. Massachusetts
b. Perry v. New Hampshire
c. Manson v. Braithwaite
d. District Attorney’s Office for the Third Judicial District v. Osborne
Question 29 2 out of 2 points
SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still
allowing what?
Selected Answer: b. police pressure
Answers: a. voluntary admissibility
b. police pressure
c. interrogational relief
d. custodial clarity
Question 30 2 out of 2 points
According to what test do suspects have to make clear statements that indicate they know their rights,
know they’re giving them up, and know the consequences of giving them up?
Selected Answer:
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c. the express waiver test
Answers: a. the free will waiver test
b. the reliability waiver test
c. the express waiver test
d. the implied waiver test
Question 31
Over time, memory:
2 out of 2 points
Selected Answer: a.fades, but witnesses develop greater confidence about their recall ability.
Answers: a.fades, but witnesses develop greater confidence about their recall ability.
b. improves, and witnesses recognize this fact.
c. improves, but witnesses do not have confidence in this fact.
d. fades, and witnesses recognize this problem.
Question 32 2 out of 2 points
Under the accusatorial system rationale, a forced confession violates due process, even if the confession
is true, because:
Selected
Answer: a. the state has the burden of proving guilt under our system.
Answers: a. the state has the burden of proving guilt under our system.
b. a forced confession may be unreliable.
c.
the confession violates the Eighth Amendment prohibition against cruel and unusual
punishment.
d.
a forced confession should be conclusively assumed to be unreliable.
Question 33
Historically, before the second half of the twentieth century, U.S. prisoners:
Selected Answer: a. had almost no rights under the Constitution.
Answers: a. had almost no rights under the Constitution.
b. were fully protected by the Constitution.
c. were protected by the Constitution if they plead guilty.
2 out of 2 points
d.were protected by the Fourth Amendment in the privacy of their cells.
Question 34 0 out of 2 points
I n Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were
arrested for child abuse after testing positive for cocaine while pregnant, SCOTUS decided that the
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searches:
Selected
Answer:
d.
did violate the Fourth Amendment, because they were conducted by health care
professionals and not by law enforcement officers.
Answers: a.
did violate the Fourth Amendment, because they were warrantless, suspicionless, and
nonconsensual.
b.
did not violate the Fourth Amendment, because the incidence of cocaine use among
pregnant women has created a special need.
c.
did not violate the Fourth Amendment, because doctors suspected the mothers were using
cocaine.
d.
did violate the Fourth Amendment, because they were conducted by health care
professionals and not by law enforcement officers.
Question 35 2 out of 2 points
I n District Attorney’s Office for the Third Judicial District v. Osborne (2009), SCOTUS involved
prisoner Osborne’s post-conviction request to compel officials to release biological evidence so it could
be submitted to DNA testing. What was the finding of the Court?
Selected
Answer: c.there is no right under the U.S. Constitution of access to forensic evidence.
Answers: a. DNA testing is too expensive to make it a constitutional right.
b.
Osborne has a right, under the U.S. Constitution, of access to forensic evidence.
c.there is no right under the U.S. Constitution of access to forensic evidence.
d. Osborne’s rights under Alaska law were violated.
Question 36
The origin of the right to remain silent is tied to what common-law rule?
Selected Answer: a. confessions have to be voluntary
Answers: a. confessions have to be voluntary
b. confessions have to be free from self-incrimination
c. confessions have to be knowing
d. confessions have to be written
Question 37
2 out of 2 points
2 out of 2 points
In Colorado v. Connelly (1986), SCOTUS considered the case of a mentally ill man who approached
an officer on the street and confessed he had murdered a young woman. The Court determined that the
man’s confession:
Selected d. was voluntary, because it was not compelled.
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Answer:
Answers: a. was not voluntary, because of his mental illness.
b.
is admissible, if the man’s psychiatrist testifies that the man was aware he was
confessing to the police.
c. was not voluntary, because he had limited free will.
d. was voluntary, because it was not compelled.
Question 38 2 out of 2 points
Psychologists separate memory into three phases. Which of the following is not one of the three phases?
Selected Answer: c. utterance
Answers: a. retrieval
b. acquisition
c. utterance
d. retention
Question 39 2 out of 2 points
According to State v. Ellis, who may conduct a dormitory room search in Ohio without any
justification?
Selected Answer: b. resident assistants
Answers: a. campus police
b. resident assistants
c. law enforcement
d. law enforcement and campus police
Question 40
Which of the following types of detention qualifies as being in custody?
2 out of 2 points
Selected Answer: c.handcuffing suspects and placing them in the backseat of a police car
Answers: a. detaining persons during the execution of search warrants
b.requiring probationers to attend routine meetings with probation officers
c.handcuffing suspects and placing them in the backseat of a police car
d. detaining passengers and drivers during routine traffic stops
