CJL3410 Quizlet

T/F: A search conducted by a private party is not a Fourth Amendment search.

True

Which of the following circumstances provides the most support for an automatic frisk?

a) possession of marijuana​
​b) shoplifting
c) armed robbery
​d) vagrancy

c) armed robbery

T/F: Voluntary contacts between citizens and police officers are seizures.

False

​Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?

a) ​judicial reviews
b) precedents
​c) habeas corpus
​d) petitions

b) precedents

​In order to claim a violation of the equal protection clause, a claimant must prove that:

​a) the official government action had a discriminatory effect.
​b) the officials intended to discriminate.
c) the government action had a discriminatory effect and a discriminatory purpose.
​d) the government action treated the claimant differently than other people.

c) the government action had a discriminatory effect and a discriminatory purpose.

T/F: According to SCOTUS , there is no reasonable expectation of privacy for information voluntarily conveyed to third parties.

True

​According to Kyllo v. U.S. (2001), the measurement of which of the following from the outside of a home constituted a Fourth Amendment search?

​a) odor

b) ​light

​c) noise

d) heat

d) heat

​Which of the following is a legitimate purpose for a frisk?

a) to protect officers
​b) to preserve evidence
​c) to find illegal drugs
d) all of the above

a) to protect officers

T/F: Installing and monitoring a GPS receiver on a vehicle is never a Fourth Amendment search.

False

The Fourth Amendment balances the government's power to control crime and:

a) the individual right of privacy.
b) the authority of police to protect citizens.
c) the ability to prevent acts of terrorism.
d) the individual right to protection from assault.

a) the individual right of privacy.

T/F: SCOTUS has held that a citizen can have a reasonable expectation of privacy in telephone conversations.

True

The majority of arrests are made _____________.

a) With the use of deadly force
b) With the use of nondeadly force
c) Without the use of force
d) With the use of unreasonable force

c) Without the use of force

​What is needed to establish that government action is a search?

a) subjective privacy
​b) subjective and objective privacy
​c) objective privacy
​d) government intent

​b) subjective and objective privacy

​Which of the following amendments provides a defendant with the right to due process?

a) ​the Fourteenth Amendment
​b) the Fourth Amendment
​c) the Sixth Amendment
​d) the Eighth Amendment

a) the Fourteenth Amendment

T/F: True or false: Most arrests require a warrant based on probable cause.

False

T/F: SCOTUS has held that citizens have a reasonable expectation of privacy in the telephone numbers they call.

False

What doctrine holds that, whenever we knowingly reveal our incriminating secrets, we assume the risk that our false friends will use them against us in criminal cases?

a) private-search reconstruction doctrine
b) private search doctrine
c) trespass doctrine
d) third-party doctrine

d) third-party doctrine

What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?

a) the presumption of regularity
b) the presumption of infallibility
c) the presumption of enforceability
d) the presumption of innocence

a) the presumption of regularity

The standard of evidence necessary to detain a traveler at the border for a full-body search (beyond routine custom search) is:

​a) probable cause.
​b) no evidence at all, because the Fourth Amendment does not apply at the border.
​c) a clear indication of illegal activity.
d) reasonable suspicion.

d) reasonable suspicion.

T/F: True or false: Probable cause requires direct observation by the officer, rather than hearsay.

False

T/F: Citizens have a reasonable expectation of privacy in trash that has been put outside for collection.

False

Detaining a car briefly at a sobriety checkpoint requires:

a) reasonable suspicion that the driver is driving under the influence.​
b) ​probable cause that the driver is driving under the influence.
​c) clear and convincing evidence that the driver is driving under the influence.
d) no individualized suspicion, because of the importance of the state's interest in addressing the drunk driving problem.

d) no individualized suspicion, because of the importance of the state's interest in addressing the drunk driving problem.

In Terry v. Ohio (1968), SCOTUS examined a stop and frisk of a citizen on the street to investigate a robbery. They held:

a) a brief stop and frisk is conduct outside the purview of the Fourth Amendment, because the action does not rise to the level of a seizure.

b) whenever a police officer accosts an individual and restrains his or her freedom to walk away, he has “seized” that person.

c) ​a stop is not a serious intrusion upon the sanctity of the person and may be taken lightly.

​d) the personal security and privacy of the individual always outweigh the government’s interests in detecting crime.

b) whenever a police officer accosts an individual and restrains his or her freedom to walk away, he has "seized" that person.

People have no reasonable expectation of privacy in which of the following?

a) ​telephone conversations

b) bank records

​c) private papers

​d) letters given to the post office

b) bank records

Frisks are:

a) the most invasive type of search.​
​b) not considered searches.
​c) always allowed following a stop.
d) the least invasive type of search.

d) the least invasive type of search

Reasonable suspicion needed to make a stop requires:​

a) probable cause.
b) ​a preponderance of the evidence.
​c) only a hunch.
d) some minimum level of objective justification.

d) some minimum level of objective justification.

T/F: An officer conducting a protective pat-down search can never seize any items other than weapons.

False

T/F: True or false: The Supreme Court has ruled that it is unreasonable for police to arrest someone for a minor traffic offense.

False

Categorical suspicion:​

​a) can be sufficient in itself to amount to reasonable suspicion.
​b) can be sufficient as long as the category in which the suspect falls is not based on race or ethnicity.
c) can be one of the factors in the entire picture of reasonable suspicion.
d) is sufficient in itself, if officers can establish the stop occurred in a high-crime area.

c) can be one of the factors in the entire picture of reasonable suspicion.

SCOTUS has not yet decided if searches of certain types of technology constitute Fourth Amendment searches. Which of the following has not been addressed by SCOTUS?

a) thermal imagers

b) GPS trackers

c) bank statements

d) text messages

d) text messages

​Besides notification of charges, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?

a) a hearing of the facts before sentencing
b) the presence of effective defense counsel at trial
c) ​timely sentencing upon conviction
d) ​the right to appeal if found guilty

a) a hearing of the facts before sentencing

Today, the primary justification of the exclusionary rule is based on which of the following?

Deterring officers from breaking laws

In Miranda v Arizona (1966), a SCOTUS created a "bright-line" rule to govern what?

Custodial Interrogations

A police officer chases a suspect who is known to be armed and dangerous. The officer catches that suspect and places them under arrest. The officer then asks, "where did you put the gun?" and the suspect points to a nearby container. The officer did not provide a Miranda warning. Is it true that this is a Fifth Amendment violation?

False

Joan Smith is entering the United States border. Officers have reasonable suspicion to believe she is smuggling drugs. Which of the following searches of Joan may the officers lawfully conduct?

A routine border search, a strip search of her person, and a search of her handbag.

Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials' law breaking behavior did not cause the seizure of the evidence?

The independent source expectation

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

Handcuffing suspect and placing them in back of police car

Which of the following is not a requirement for obtaining a warrant to arrest a suspect at home?

The suspect's criminal history

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.

The exclusionary rule is written in the Fourth Amendment to the Constituion

False

Which of the following is the test for whether a confession is voluntary?

Whether coercive interrogation tactics caused the confession

Victims and witnesses are the source of most hearsay information that the police obtain

False

The majority of arrest:

Do not require a warrant to make them reasonable, as long as there is probable cause to arrest.

If a suspect is arrested in a vehicle, police, as part of the search incident to the arrest, may search the vehicle's trunk.

False

Which of the follow is not considered a special needs search?

A hot pursuit search

The vehicle exception to the warrant requirement is based upon:

The inherent mobility of the vehicle, and the reduced expectation of privacy in vehicles.

Concerning third-party consent to search, in which of the following situations can one person consent to a search for the other person?

A mother consenting to the search of her son's bedroom in her house.

Frank is an inmate at Greenburg State Prison, and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:

Constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.

Historically, before the second half of the twentieth century, US prisoners:

Had almost no rights under the constitution.

Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

The attenuation exception

According to SCOTUS, routine searches at international borders are reasonable:

Without warrants, probable cause, or reasonable suspicion

Who are always protected by absolute immunity from civil lawsuits while they are performing their official duties?

Judges

The exclusionary rule applies to all of the following, except:

Cross-examination of the defendant

The government and its officers have a constituional duty to protect individuals from other private individuals who violate their rights.

False

What has SCOTUS held regarding the use of a pretext vehicle stop to search for drugs?

A search incident to a lawful arrest for a traffic violation is a reasonable Fourth Amendment search.

When a suspect asks for an attorney during an interrogation:

Police must stop questioning until an attorney is present or the suspect initates further conversation with them

Which of the following is an exception allowing entrance to a home without a warrant?

Exigent circumstances

The fourth amendment categorically prohibits "no knock" entries

False

According to SCOTUS, there is an exception to the no-duty-to protect rule called the special relationship exception. That special relationship is:

Custody

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

A substantially reduced expectation of privacy.

What kind of immunity do prosecutors have from civil lawsuits?

Functional immunity

Which of the following allows the US Government itself to be sued for the constituional torts of federal law enforcement officers?

The federal tort claims act

What is the prosecutor's dual role in charging decisions?

Prosecutors serve as both advocates for the government and ministers of justice.

What are the three major options a prosecutor has after arrest?

1) Charge the suspect 2) Decline to prosecute 3) Divert to alternative programs

What is selective prosecution?

Choosing to prosecute a person based on improper factors (e.g., race) violating equal protection

What constitutional right is involved in probable cause to detain?

The fourth amendment right against unreasonable seizure.

What is the SCOTUS rule for a "prompt" first appearance?

Must occur within 48 hours of arrest

What are the four tasks of the magistrate at first appearance?

1) Inform of charges 2) Advise of rights 3) Set bail or conditions of release 4) Appoint counsel if needed.

What are the pretrial release options

1) Released on recongizance 2) Conditional Release 3) Pretrial detention

What is the rate of pretrial detention?

Varies, but many detained for weeks/months- often due to inability to pay bail.

What are the three bail options?

1) Cash bail 2) Bail bond 3) Unsecured bond/release on recognizance

Is there a constitutional right to bail?

No general right, but excessive bail is prohibited by the Eighth Amendment

When can bail be denied?

In serious cases where flight risk or danger to the community is high.

What is preventative detention?

Holding a defendant before trial to prevent danger or flight-constiutional if justified

What rights do pretrial detainees have?

They retain due process rights; conditions must not be punitive

When does the right to counsel begin?

At critical stages of prosecution, starting with the first appearence.

What does "all criminal prosecutions" mean for right to counsel?

Applied to any case where jail time is a possible punishment

What is the standard for indigence?

Cannot afford an attorney without substantial hardship

What is "effective counsel"?

Counsel must be compentent and not make errors so serious they affect the outcome.

What characteristics of preliminary hearings?

Public, adversarial, with evidence presented to determine probable cause.

What is a bind-over?

Judge's decision to send the case to trial after finding probable cause.

What are characteristics of grand jury review?

Non-adversarial, closed; grant jury decides whether to issue an indictment.

Is grand jury review a constitutional guarantee?

Yes for federal cases (5th Amendment), not required in state cases.

What happens at arraignment?

Defendant is formally charged and enters a plea

What is "motion practice"?

Pretrial legal motions - e.g., suppress evidence, dismiss charges, change venue

What does double jeopardy mean?

You cannot be tried twice for the same offense by the same sovereign.

What is the dual sovereignty doctrine?

Separate sovereigns (e.g., state and federal) can prosecute the same act.

What does jeopardy attach?

Jury trials: when jury is sworn. Bench Trials: When first witness is sworn

When is retrial allowed despite double jorpardy?

If mistrial occurs for manifest necessity or with defendant's consent.

When does the right to a speedy trial attach?

After arrest or formal charge.

What determines a "speedy" trial?

Balancing test (length of delay, reason, prejudice to defendant)

What are remedies for speedy trial violations?

Dismissal of charges with prejudice.