Chapter 12 and 13 Law Test

Federal and state investigations of crime use the same procedures.

T

Criminal defendants may be freed at one of many points throughout the criminal justice process.

T

An arrest is not a seizure under the Fourth Amendment.

T

Arrest warrants are required in order to make an arrest.

F

Probable cause to arrest means having a reasonable belief that a specific person has committed a crime.

T

The correct order of events in the criminal process, assuming that the defendant ends up having a jury trial, are: charges brought, pretrial motions, booking, arraignment, jury selection, initial appearance, and arrest.

F

Law enforcement may establish probable cause based on information given by informants if the information is reliable and if the information can be corroborated.

T

A law enforcement officer may stop a person for a reasonable period of time to question the person and get identification on the basis of a reasonable suspicion that the person is involved in criminal activity.

T

Officers who have a reasonable suspicion that a person is armed and dangerous may do a limited pat-down of the person's outer clothes for weapons.

T

If the police mistakingly arrest you, you should do everything possible to get away from the officer.

F

If you did commit the crime that you are charged with, you should not tell your lawyer about what you did.

F

It is a frequent occurrence for police to use deadly force.

F

Police officers are not liable for false arrest simply because the person they arrested did not commit the crime.

T

There is an explicit right to privacy in the U.S. Constitution.

F

The Constitution does not protect people against invasions of their privacy by private individuals.

F

Evidence that was illegally obtained cannot be used against a defendant at trial to prove the defendant guilty.

T

The most independent way to handle complaints about police is though an internal affairs unit.

T

To obtain a search warrant, a person, generally a police officer, must file an affidavit with a magistrate setting out the facts and circumstances that establish probable cause.

T

Police officers who have been issued a warrant to search a one may go immediately to the home, walk through the front door and search.

F

Police officers who arrest an individual in his or her home may walk through the entire house with the arrested person and conduct a search of the entire house incident to the arrest.

F

John and Daisy are getting divorced. Daisy calls the police to report that John has drugs in the upstairs bedroom. When the police arrive, Daisy gives permission for the police to enter, but John refuses to give consent. The officers may search and enter.

F

Officers who make a traffic stop and then observe drugs in the back seat of the car may lawfully seize those drugs.

T

In emergency situations, police are not required to get a search warrant in order to conduct a search.

T

Some constitutional searches do not require individualized suspicion of wrongdoing.

T

Police can never lawfully use race as a a factor in deciding who to stop and question for wrongdoing.

F

Failure to tell suspects their Miranda rights makes an arrest invalid.

T

The public safety exception to the Miranda rule allows evidence to be admitted which was obtained in violation of the miranda rule when the questions are an attempt to make sure the public is safe.

T

Formal misdemeanor charge filed with the court.

indictment

Type of guilty plea in which the defendant does not contest charges.

nolo contendere

Formal process of making a police record of an arrest.

booking

Group of people charged with deciding whether there is sufficient evidence to believe that a person committed a crime and should be charged.

grand jury

Bond in which a defendant is released without paying money.

personal recognizance

Formal request to the court to make a ruling.

pretrial motion

Prohibited by the Eighth Amendment.

excessive bail

Request to the court to keep out certain evidence from trial.

motion to surpress evidence

Argument that supports exclusionary rule.

Bail Reform Act

Contract between prosecutor and defendant.

plea bargain

Permits use of illegally obtained evidence when police relied on a warrant later determined to be invalid.

good faith exception

Permits keeping defendants charged with federal violent or drug charges from getting bail.

exclusionary rule

Employs bounty hunters to track down defendants who do not show up at court.

bail bond company

Amount of money put up by defendants to ensure their return to court.

bond

Screening process used by half the states to determine whether there is sufficient evidence to hold for trial defendants charged with felonies.

initial appearance

Court hearing in which an alleged felon is required to enter a plea of guilty or not guilty.

preliminary

Formal charge of criminal action in federal cases.

felony arraignment

Before accepting this, a judge must verify that t was made freely, voluntarily, and with knowledge of the facts.

guilty plea

Principle that prohibits use of illegally obtained evidence to find defendant guilty at trial.

judicial integrity

Court hearing in which a magistrate informs defendants of their rights, states the exact nature of the charges, appoints an attorney, or gives defendants the opportunity to get one.

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