const law quizzes

due process practices

right to counsel, appeals

crime control practices

plea bargaining, hot spots policing

family model practices

restorative justice

The U. S. Supreme Court will occasionally issue a relatively brief decision without holding full hearings and without a specific author. This is called a ___________________.

per curiam opinion

Packer suggests that central to the crime control model is the "presumption of guilt," which is simply a prediction about the outcome of a given case. 

true

The U. S. Supreme Court holds hearings on about 1,000 cases per year. 

false

Which amendment to the U. S. Constitution provides a protection against unreasonable searches and seizures? 

4th

Packer argues that only the due process model places limits on the power of government to investigate and apprehend people suspected of criminal activity.

false

The _____________________ is the legal notion that 4th Amendment protections apply to the home and immediately surrounding area, but not areas of someone's property that extend further away from the home. 

open-fields doctrine

Generally speaking, under Matlock, what is allowable in terms of third-party consent to search a shared dwelling when only one party is present?

third parties may consent in areas of joint access or control

Imagine that you are the victim of a crime in your house, call the police, and allow them to enter your home. While in your home, they find illegal contraband that belongs to you. They are allowed to use that against you under the legal doctrine of third-party consent. 

false

In Katz, the Supreme Court ruled that any subjective expectation of privacy is protected under the 4th Amendment. 

false

If police want to search a shared dwelling and both inhabitants are present, both of them have to consent in order for police to legally search. 

true

If police conduct a search, but the defendant claims that the officer knowingly provided false information to the warrant for the search, they may be entitled to a _________________. 

franks hearing

In Dow Chemical Company v. US, the Supreme Court ruled that the search was a constitutional violation because they flew over a business/industrial property rather than private citizens' property. 

false

In which case did SCOTUS rule that police, without a warrant, were allowed to fly over a fenced in yard to take photographs?

california v. ciraolo

In Kyllo, the Supreme Court ruled that police use of any available technology constituted a search that was protected by the 4th Amendment. 

false

In Greenwood, the Supreme Court ruled that although someone may have an expectation of privacy when they put their trash out to the curb in opaque bags, it is not one that society recognizes as reasonable. Therefore, police are allowed to search it without a warrant. 

true