CJUS 410 Exam 3

CJUS 410 Exam 3

CJUS 410 Exam 3 Liberty University

CJUS 410 Quiz: The Constitution, Criminal Procedure, Searches and Seizures

CJUS 410 Quiz: Stops and Frisks & Arrests and Searches

CJUS 410 Quiz: Special Need Searches, Interrogations, Confessions, and Identification

CJUS 410 Quiz: Misconduct Remedies, Court Proceedings, and Courtroom Actors

Set 1

1. In order to exclude identification evidence on due process grounds, defendants must prove that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:
2. Which of the following represents a reform aimed at reducing the false confession problem?
3. Which of the following is not one of the reforms aimed at reducing the false confession problem?
4. In Melendez-Diaz v. Massachusetts (2009), SCOTUS decided that the Sixth Amendment guarantees defendants what right?
5. The special need used to justify employee drug testing is directed mainly at:​
6. In determining the reasonableness of airport searches, courts have:​
7. ​ In Florence v. Board of Chosen Freeholders, SCOTUS (5–4) decided that strip searching Albert Florence before he entered the general jail population was:
8. 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?
9. In U.S. v. Wade (1967), law enforcement was found to have violated the defendant’s Sixth Amendment rights in what respect?
10. Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:
11. Many legal commentators suggest that one way to reform identification procedures would be to:
12. Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:​
13. Which of the following is not considered a special needs search?
14. What is required for the drug tests of public employees to be justified?​
15. 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?
16. Which of the following is not one of the five factors in the “totality of circumstances” that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?
17. Psychological research shows that when the person administering an identification procedure somehow confirms the witness’s pick, the comments:
18. ​ According to SCOTUS, searches at international borders are reasonable:
19. 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:
20. In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped motorists, the Court held that:
21. What SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment?
22. ​ According to U.S. v. Ramsey (1977), searches at international borders are:
23. ​ According to the SCOTUS decision in New Jersey v. T.L.O., involving the search of a student’s purse, school officials (at least those officials supervising students younger than high-school age) may search the possessions of a student under their authority:
24. To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created:
25. Which of the following is not one of the three theories courts use to explain why probationers and parolees have diminished Fourth Amendment privacy rights?​
26. What type of search involves searching prisoners, probationers, and parolees, as well as visitors and employees of prisons and jails, to control contraband?​
27. Scientists agree that DNA technology can:
28. According to State v. Ellis, who may conduct a dormitory room search in Ohio without any justification?​
29. With regard to a prisoner’s expectation of privacy, the court has ruled that prisoners have:​
30. Over time, memory:
31. What level of proof is required for school officials to search a high school student?​
32. DNA testing of incarcerated felons:​
33. What type of research consists of analysis of real procedures used in actual criminal cases?
34. In State v. Long (1986), the Court ruled that trial courts have to give jurors what type of instruction, explaining the weaknesses of eyewitness identification evidence?
35. The origin of the right to remain silent is tied to what common-law rule?​
36. 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?
37. In Samson v. California (2006), SCOTUS expanded the ruling from U.S. v. Knights, holding that law enforcement officers can search parolees’ homes:​
38. Which approach was not an approach used by SCOTUS in analyzing interrogation and confession cases?
39. Failure to recall a detail about a crime or to recognize the perpetrator is considered:
40. In Vernonia School District v. Acton (1995), SCOTUS found that random (without individualized suspicion) drug testing of:​
41. Officer Curtis is a rookie, out on his own for the first time. He pulls over a car. The driver is falling down drunk. He arrests the driver, and puts him in the back of the patrol car. However, wanting to show himself worthy of working on his own, Officer Curtis decides to handle the call completely by himself. He calls for no help. He locks the driver’s car up, and takes the drunk to the station for booking.
42. Officer Newland arrests a major drug courier, Sam Rutledge. Officer Newland saw Rutledge “roll through” a stop sign, i.e. not completely stopping. Officer Newland issued a ticket, but just after giving it to Rutledge he asked him if he had any drugs. He also asked him if he was a dealer or knows any dealers. Rutledge denied everything, but allowed Officer Newland to search his car. Officer Newland found a small joint, which Rutledge forgot about. He arrests Rutledge and takes him to the station. Without reading Rutledge his rights, Officer Newland begins to question Rutledge, and Rutledge confesses he is a dealer and tells the officers where they can find his drugs. The officers get a search warrant and find Marijuana, Heroin, and Cocaine, at barn Rutledge rents.

Set 2

1. In determining the reasonableness of airport searches, courts have:
2. Which type of evidence is protected by the Fifth Amendment?
3. What is the period in which police shift their attention from general investigation to building a case against a specific individual?
4. According to State v. Ellis, who may conduct a dormitory room search in Ohio without any justification?
5. Historically, before the second half of the twentieth century, U.S. prisoners:
6. What type of search involves searching prisoners, probationers, and parolees, as well as visitors and employees of prisons and jails, to control contraband?
7. Identification of a single suspect by a witness is called:
8. In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped motorists, the Court held that:
9. To do a body cavity search at an international border, which of the following is needed?
10. Full body, strip, and body cavity searches of jail inmates are reasonable without either warrants or probable cause under certain circumstances. What are those circumstances?
11. Research shows that jurors:
12. 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?
13. In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped motorists, the Court found that:
14. In South Dakota v. Opperman (1976), SCOTUS held that the Vermillion, South Dakota, police department conducted reasonable Fourth Amendment searches when they used:
15. The case of Manson v. Braithwaite (1977) addressed issues related to what type of eyewitness identification?
16. Which of the following is not one of the five factors in the “totality of circumstances” that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?
17. Special needs searches include all of the following characteristics, except:
18. Which of the following is one of the types of false confessions discussed in the text?
19. The participants in most police lineups consist mainly of:
20. Which of the following represents a reform aimed at reducing the false confession problem?
21. 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?
22. Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:
23. 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:
24. The “functional equivalent of a question test” was developed in what SCOTUS decision?
25. Over time, memory:
26. What is one of the reasons that psychologists are skeptical of eyewitness retrospective self-reports?
27. The Fourteenth Amendment due process clause is applicable at which stage(s) of the criminal process?
28. According to DNA exonerations, what percentage of wrong convictions come from innocent people confessing to crimes they didn’t commit?
29. To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created:
30. In State v. Long (1986), the Court ruled that trial courts have to give jurors what type of instruction, explaining the weaknesses of eyewitness identification evidence?
31. According to SCOTUS, searches at international borders are reasonable:
32. The basic idea behind the due process approach to confessions is that confessions have to be:
33. In Manson v. Braithwaite (1977), SCOTUS endorsed which method for determining the admissibility of witness identification?
34. What test requires that the totality of circumstances in each case show that before suspects talked, they knew they had rights and knew they were giving them up?
35. The right to remain silent can be traced back in history to the:
36. Which of the following is not one of the reforms aimed at reducing the false confession problem?
37. In 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 searches:
38. 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?
39. SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still allowing what?
40. What type of lineup reduces the power of suggestion and reduces the possibility that the witness will pick the person who most resembles the perpetrator?
41. Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied by inventory searches. What substitutes for probable cause as the objective basis for an inventory search?
42. Identify two circumstances that have to be present before officers are required to give
the Miranda warnings, with examples. List three types of questioning for which officers do not have to give the Miranda warnings, with examples.

Set 3

1. Which standard of justification is necessary for stop and frisk activities?
2. The term “reasonable suspicion” is found in nowhere in the Constitution.
3. The balancing test used to justify administrative searches involves weighing citizen’s privacy interests with the government’s interest in:
4. Which of the following is a reason in support of vehicle inventories?
5. Frisks must be directed at discovering:
6. are detentions less intrusive than arrest but more intrusive than a Terry stop.
7. A frisk is basically the same as a search because it is considered equally intrusive.
8. The scope of consent is:
9. A frisk requires:
10. A controversial law enforcement practice used to obtain consent to search in the absence of probable cause is called:
11. The Supreme Court has authorized warrantless inspections of:
12. Which of the following is a search that requires no justification at all?
13. For consent to be constitutionally valid, it must be:
14. The Supreme Court has held that before a frisk can take place, absent exigent circumstances, the officer must identify himself or herself.
15. In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have:
16. Border checkpoints have been upheld:
17. Which of the following can be said about stop and frisk?
18. Which of the following can be considered constitutional checkpoints?
19. A valid frisk can evolve into a search if what type of justification develops along the way?
20. Which of the following is an unconstitutional checkpoint?
21. Person inventories are sometimes called:
22. Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:
23. Fire inspections must be in relation to the timing of the fire.
24. Which factors has the Supreme Court considered in determining the appropriate duration of a stop?
25. The police may searchduring the course of a vehicle inventory.
26. In O’Connor v. Ortega, The Supreme Court ruled that searches of government employee’s offices are acceptable if they are limited to detecting:
27. Which of the following can be considered administrative searches?
28. Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest.
29. The Supreme Court has sanctioned school disciplinary searches for grades:
30. Police entering a residence on the consent of a third party is subject to the         doctrine.
31. Police officers can stop and detain motorists in their vehicles with articulable and reasonable suspicion that the motorist is violating the law.
32. Reasonable suspicion is a standard of justification:
33. The Supreme Court in Hayes v. Florida ruled that stationhouse detentions for the purpose of fingerprinting are permissible when:
34. Which of the following are considered restrictions on frisks?
35. Terry v. Ohio dealt with:
36. Factors that may elevate a nonstop to a stop include:
37. The Supreme Court has upheld warrantless inspections of liquor stores.
38. Administrative searches are those whose primary purpose is noncriminal.
39. Stops for loitering are:
40. Warrantless vehicle inventories are permissible:
41. Define and explain the requirements in Terry stops and Terry frisks. How do they differ from a search?
42. Explain the concept of administrative justification and how it applies to vehicle and person inventories.