GOVT 220 LIBERTY UNIVERSITY Exam 3 Chs - exam_PRACTICE MATERIAL_2023.pdf

Question 1

Selected Answer: b.

Answers: a.

Regarding searches of probationers’ homes, U.S. v. Knights (2001) relaxed the standard of

reasonableness to include searches by:

law enforcement officers.

probation officers.

law enforcement officers.

corrections officers.

parole officers.

Question 2

Selected Answer: a.

Answers: a.

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?

abuse by law enforcement officers

compulsion

incrimination

testimony

Question 3

Selected Answer: a.

Answers: a.

In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped

motorists, the Court held that:

brief questioning during a traffic stop was not a <custodial interrogation.=

brief questioning during a traffic stop was a <custodial interrogation.=

all motorists must be when stopped.Mirandized

motorists should not be questioned during a traffic stop.

Question 4

Selected Answer: b.

Answers: a.

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?

Berghuis v. Thompkins

New York v. Quarles

Berghuis v. Thompkins

Colorado v. Connelly

Miranda v. Arizona

2 out of 2 points

Question 5

Selected Answer: a.

Answers: a.

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:

the Fifth Amendment self-incrimination clause.

the Eighth Amendment self-incrimination clause.

the Fourth Amendment self-incrimination clause.

the Tenth Amendment self-incrimination clause.

Question 6

Selected

Answer:

Answers: a.

When a suspect asks for an attorney during custodial interrogation:

police must stop questioning until an attorney is present or the suspect initiates further

conversation with them.

police can continue questioning while an attorney is summoned.

police can resume questioning after an attorney has been provided, even if the attorney is

not present.

police can never question the suspect again without an attorney being present.

police must stop questioning until an attorney is present or the suspect initiates further

conversation with them.

Question 7

Selected

Answer:

Answers: a.

In U.S. v. Wade (1967), law enforcement was found to have violated the defendant’s Sixth Amendment

rights in what respect?

The defendant was placed in a lineup after being indicted without counsel present.

There was insufficient clarity in a photograph used to identify the defendant in a photo

array.

DNA samples were taken without consent from the defendant’s attorney.

The defendant was placed in a lineup after being indicted without counsel present.

Eyewitnesses were encouraged by police officers to select the defendant from a lineup.

Question 8

SCOTUS’s use of the Fifth Amendment privilege against the self-incrimination approach in reviewing

state confession cases began with:

2 out of 2 points

Selected Answer: a.

Answers: a.

Miranda v. Arizona.

Lisenba v. California.

Escobedo v. Illinois.

Brown v. Mississippi.

Question 9

Selected Answer: b.

Answers: a.

The case of New York v. Quarles (1984), in which an officer asked a suspect about a gun, created what

exception to the rule regarding custodial interrogation?Miranda

the public safety exception

the reliability rationale

the public safety exception

the implied waiver test

the free will exception

Question 10

Selected

Answer:

Answers: a.

The right to remain silent can be traced back in history to the:

laws of Moses embodied in the Talmudic law.

Articles of Confederation preceding the adoption of the United States Constitution.

Preamble of the Stamp Act.

Magna Carta.

Question 11

Selected

Answer:

Answers: a.

Which of the following is not of one Wisconsin’s recommendations for improving police lineups?

Present the suspect and the fillers simultaneously.

Use fillers that will minimize any suggestiveness that might indicate the suspect.

Use a "double blind" procedure.

Present the suspect and the fillers simultaneously.

Instruct eyewitnesses that the real criminal may or may not be present in the lineup.

Question 12

The <functional equivalent of a question test= was developed in what SCOTUS decision?

2 out of 2 points

Selected Answer: a.

Answers: a.

Rhode Island v. Innis

Escobedo v. Illinois

Brewer v. Williams

Miranda v. Arizona

Question 13

Selected

Answer:

Answers: a.

With regard to border searches, SCOTUS has found that:

the national interest in controlling the nation’s borders outweighs the invasion of privacy

caused by routine border searches.

strip searches must be justified by probable cause.

the national interest in controlling the nation’s borders outweighs the invasion of privacy

caused by routine border searches.

body cavity searches are never justified.

any kind of border search can be made without any justification whatsoever.

Question 14

Selected

Answer:

Answers: a.

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:

did not violate the U.S. Constitution, because it was a legitimate inventory search.

did not violate the U.S. Constitution, because drugs were discovered in the glove

compartment.

violated the U.S. Constitution, because it was conducted on a suspicion that drugs were in

Opperman’s glove compartment.

violated the U.S. Constitution, because it did not use the least intrusive means to secure

the drugs.

Question 15

Selected

Answer:

Answers: a.

Research has consistently found that lineup fillers who don’t fit the witness’s previous description of the

culprit:

increase the chances significantly that the witness will identify the wrong person.

2 out of 2 points

increase the chances significantly that the witness will identify the wrong person.

decrease the chances that the witness will identify the wrong person.

have no impact on the chances that the witness will identify the wrong person.

increase the chances slightly that the witness will identify the wrong person.

Question 16

Selected

Answer:

Answers: a.

The special need used to justify employee drug testing is directed mainly at:

employees who may endanger public safety while under the influence of illegal

drugs.

criminal law enforcement in general.

preventive government civil liability.

employees who may be smuggling or selling illegal drugs while employed.

employees who may endanger public safety while under the influence of illegal

drugs.

Question 17

Selected Answer: a.

Answers: a.

Failure to recall a detail about a crime or to recognize the perpetrator is considered:

retention failure.

an error of omission.

faulty acquisition.

an error of commission.

Question 18

Selected Answer: a.

Answers: a.

Scientists agree that DNA technology can:

distinguish between any two individuals, other than identical twins.

distinguish with 35 to 40 percent accuracy between two individuals.

distinguish between general types of individuals.

identify the blood types of individuals accurately.

Question 19

Selected b.

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?

2 out of 2 points

0 out of 2 points

2 out of 2 points

Answer:

Answers: a.

SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced

confessions were not admissible as evidence.

SCOTUS held that forced confessions were admissible as evidence.

SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced

confessions were not admissible as evidence.

SCOTUS relied upon the Fifth Amendment self-incrimination clause.

SCOTUS declined to review a confession case from a state court.

Question 20

Selected Answer: b.

Answers: a.

The participants in most police lineups consist mainly of:

inmates from the local jail.

correctional officers.

inmates from the local jail.

volunteers from the community.

civilians who work for the police department.

Question 21

Selected Answer: d.

Answers: a.

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?

incarcerated felons

sex offenders in the community

incarcerated sex offenders

jailed inmates

incarcerated felons

Question 22

Selected

Answer:

Answers: a.

Researchers recommend that officials:

present members of a lineup to the witness one at a time.

present members of a lineup to the witness at the same time, standing together.

present members of a lineup to the witness one at a time.

have the officer who arrested the suspect conduct the lineup.

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

Selected Answer: b.

Answers: a.

With regard to a prisoner’s expectation of privacy, the court has ruled that prisoners have:

a substantially reduced expectation of privacy.

rights to privacy equal to those of a free man.

a substantially reduced expectation of privacy.

absolutely no rights to privacy whatsoever.

only those rights that are given at the discretion of the prison administration.

Question 24

Selected

Answer:

Answers: a.

Special needs searches include all of the following characteristics, except:

their reasonableness depends entirely on protecting invasions of individual privacy.

they can result in criminal prosecution and conviction.

they don’t require warrants or probable cause.

their reasonableness depends entirely on protecting invasions of individual privacy.

they are directed at people generally, not at criminal suspects or defendants

specifically.

Question 25

Selected

Answer:

Answers: a.

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?

No, because it constitutes a "border search" and anything crossing the border falls within

this exception.

No, because it constitutes a "border search" and anything crossing the border falls within

this exception.

No, it would only be admissible with a warrant or with consent, regardless of the border

issue, since it involved the U.S. Mail.

Yes, because there was no probable cause to link the envelopes to any specific crime,

smuggling or otherwise.

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

Selected Answer: a.

Answers: a.

without warrants, probable cause, or reasonable suspicion.

only if based on probable cause.

only with a warrant.

only if based on reasonable suspicion.

Question 27

Selected Answer: c.

Answers: a.

In Samson v. California U.S. v. (2006), SCOTUS expanded the ruling from Knights, holding that law

enforcement officers can search parolees’ homes:

without either warrants or individualized reasonable suspicion.

only with probable cause.

only with reasonable suspicion.

without either warrants or individualized reasonable suspicion.

only with warrants.

Question 28

Selected Answer: d.

Answers: a.

In what case did SCOTUS decide that defendants have no constitutional right of access to forensic

evidence?

District Attorney’s Office for the Third Judicial District v. Osborne

Melendez-Diaz v. Massachusetts

Perry v. New Hampshire

Manson v. Braithwaite

District Attorney’s Office for the Third Judicial District v. Osborne

Question 29

Selected Answer: b.

Answers: a.

SCOTUS intended warnings to provide a bright-line rule to prevent police coercion, while stillMiranda

allowing what?

police pressure

voluntary admissibility

police pressure

interrogational relief

custodial clarity

Question 30

Selected Answer:

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?

2 out of 2 points

Answers: a.

the express waiver test

the free will waiver test

the reliability waiver test

the express waiver test

the implied waiver test

Question 31

Selected Answer: a.

Answers: a.

Over time, memory:

fades, but witnesses develop greater confidence about their recall ability.

improves, and witnesses recognize this fact.

improves, but witnesses do not have confidence in this fact.

fades, and witnesses recognize this problem.

Question 32

Selected

Answer:

Answers: a.

Under the accusatorial system rationale, a forced confession violates due process, even if the confession

is true, because:

the state has the burden of proving guilt under our system.

a forced confession may be unreliable.

the confession violates the Eighth Amendment prohibition against cruel and unusual

punishment.

a forced confession should be conclusively assumed to be unreliable.

Question 33

Selected Answer: a.

Answers: a.

Historically, before the second half of the twentieth century, U.S. prisoners:

had almost no rights under the Constitution.

were fully protected by the Constitution.

were protected by the Constitution if they plead guilty.

were protected by the Fourth Amendment in the privacy of their cells.

Question 34

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

2 out of 2 points

0 out of 2 points

Selected

Answer:

Answers: a.

searches:

did violate the Fourth Amendment, because they were conducted by health care

professionals and not by law enforcement officers.

did violate the Fourth Amendment, because they were warrantless, suspicionless, and

nonconsensual.

did not violate the Fourth Amendment, because the incidence of cocaine use among

pregnant women has created a special need.

did not violate the Fourth Amendment, because doctors suspected the mothers were using

cocaine.

did violate the Fourth Amendment, because they were conducted by health care

professionals and not by law enforcement officers.

Question 35

Selected

Answer:

Answers: a.

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?

there is no right under the U.S. Constitution of access to forensic evidence.

DNA testing is too expensive to make it a constitutional right.

Osborne has a right, under the U.S. Constitution, of access to forensic evidence.

there is no right under the U.S. Constitution of access to forensic evidence.

Osborne’s rights under Alaska law were violated.

Question 36

Selected Answer: a.

Answers: a.

The origin of the right to remain silent is tied to what common-law rule?

confessions have to be voluntary

confessions have to be free from self-incrimination

confessions have to be knowing

confessions have to be written

Question 37

Selected d.

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:

was voluntary, because it was not compelled.

2 out of 2 points

Answer:

Answers: a.

was not voluntary, because of his mental illness.

is admissible, if the man’s psychiatrist testifies that the man was aware he was

confessing to the police.

was not voluntary, because he had limited free will.

was voluntary, because it was not compelled.

Question 38

Selected Answer: c.

Answers: a.

Psychologists separate memory into three phases. Which of the following is not one of the three phases?

utterance

retrieval

acquisition

utterance

retention

Question 39

Selected Answer: b.

Answers: a.

According to State v. Ellis, who may conduct a dormitory room search in Ohio without any

justification?

resident assistants

campus police

resident assistants

law enforcement

law enforcement and campus police

Question 40

Selected Answer: c.

Answers: a.

Which of the following types of detention qualifies as being in custody?

handcuffing suspects and placing them in the backseat of a police car

detaining persons during the execution of search warrants

requiring probationers to attend routine meetings with probation officers

handcuffing suspects and placing them in the backseat of a police car

detaining passengers and drivers during routine traffic stops

2 out of 2 points

GOVT 220 LIBERTY UNIVERSITY Exam 3 Chs - exam_PRACTICE MATERIAL_2023.pdf

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