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APU/AMU LSTD 400 quizes and midterm/final
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Jellyfish
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Does anyone have the quizzes and midterm and final for LSTD 400 Criminal Legal Process?  I would really appreciate it, thank you.

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LenChan64
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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
I do. I have everything and got an A- in the class. What other legal studies classes have you taken? I only have a few left so maybe we can trade?

My email is

Thanks,


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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
Would be able to upload them to this thread?


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LenChan64
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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
Apparently, you only have access to past courses for 6 months. I no longer have access to this course on-line, but will check my folders at home later this evening.

What legal studies classes have you completed?


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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
I have LSTD301 completed, but it has already been posted on here.  I can send the stuff to you if you need that course.


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LenChan64
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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
I have 301 completed already. I need the final exam for lstd207 and anything on 202 and 206.


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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
Damn.  I need all the stuff on LSTD400 asap but I don't have anything to contribute as I'm only taking a few legal courses, none of them being the 200 level unfortunately.


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LenChan64
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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
Stand by, I have somebody that is sending me the 400 data.


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APU/AMU LSTD 400 quizes and midterm/final
2 years ago
Just a bump to the post.  If anyone has LSTD Criminal Legal Process final, and all quizzes it would be great.  I can trade some criminal justice classes for it.  Thank you.


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APU/AMU LSTD 400 quizes and midterm/final
A year ago
LenChan64 were u able to get the info from LSTD400?  I'm looking for the 2nd writing assignment....mainl y questions 1, 6, 8, and 9.  Any help would be appreciated.


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wrestlingking00
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APU/AMU LSTD 400 quizes and midterm/final
A year ago
Anyone had any luck with LSTD 400 quizes, midterms, and final?


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APU/AMU LSTD 400 quizes and midterm/final
A year ago
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***Quiz 1****
Question 1 of 20 5.0/ 5.0 Points

The search for the correct result essential to criminal procedure in a constitutional democracy means to: I. convict the guilty. II. plea bargain in weak cases. III. search for truth at any cost. IV. acquit the innocent.
 A. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. I
 
 D. d. I, IV



Answer Key: D
Question 2 of 20 5.0/ 5.0 Points

The trend today in balancing results and means in criminal justice:
 A. a. continues to be strongly in favor of individual rights by emphasizing process (means).
 
 B. b. has shifted away from process to results.
 
 C. c. is impossible to determine because the Supreme Court has not made it clear.
 
 D. d. is equally poised between process (means) and results.



Answer Key: B
Question 3 of 20 5.0/ 5.0 Points

A brief description of the steps and judgments made by each court that has heard a case is called:
 A. a. the courts' judgments
 
 B. b. the courts' decisions
 
 C. c. the courts' opinions
 
 D. d. the procedural history of the case



Answer Key: D
Question 4 of 20 5.0/ 5.0 Points

How a court disposes of a case is called:
 A. a. the court's judgment
 
 B. b. the court's opinion
 
 C. c. the majority opinion
 
 D. d. the case holding



Answer Key: A
Question 5 of 20 5.0/ 5.0 Points

Courts explain why they decided a particular case the way it did in:
 A. a. the judgment.
 
 B. b. the opinion.
 
 C. c. the decision.
 
 D. d. facts.



Answer Key: B
Question 6 of 20 5.0/ 5.0 Points

In the U.S. Supreme Court, certiorari: I. is discretionary. II. does not require the court to hear the appeal. III. is usually granted because a case raises an important constitutional issue affecting large numbers of individuals. IV. is usually granted to prevent punishment of the innocent
 A. a. III
 
 B. b. I, II
 
 C. c. I, II, III
 
 D. d. I, II, III, IV



Answer Key: C
Question 7 of 20 5.0/ 5.0 Points

An appellate court ____ a trial court's judgment when it sets it aside.
 A. a. reverses
 
 B. b. affirms
 
 C. c. remands
 
 D. d. questions



Answer Key: A
Question 8 of 20 5.0/ 5.0 Points

According to the Supreme Court in Powell v. Alabama, the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train,:
 A. a. the entire Bill of Rights applies to state criminal procedure.
 
 B. b. the due process clause requires states to follow all of the federal government's rules of criminal procedure.
 
 C. c. all criminal defendants are entitled to a lawyer in every criminal case free of charge.
 
 D. d. in the severe circumstances of this case -- young, ignorant, illiterate defendants facing the death penalty in a hostile environment far from their family and friends -- the state was required under the federal Constitution to provide counsel for the defendants.



Answer Key: D
Question 9 of 20 5.0/ 5.0 Points

Both the fundamental fairness and incorporation doctrines promote similar interests. Nonetheless, they differ in several respects. These differences include: I. they define due process differently. II. the extent and specificity to which they require uniform treatment by the states. III. incorporation doctrine promotes process interests in controlling government while fundamental fairness does not. IV. the fundamental fairness doctrine derives its meaning independent of the Bill of Rights while incorporation does not.
 A. a. I
 
 B. b. II, III
 
 C. c. I, II, IV
 
 D. d. I, II, III, IV



Answer Key: C
Question 10 of 20 5.0/ 5.0 Points

Although he concurred with the result in Rochin v. California, Justice Black disagreed with the majority's approach to deciding what constitutes due process because:
 A. a. he felt that the conviction should have stood.
 
 B. b. he felt the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states.
 
 C. c. he felt it was too rigid and unbending.
 
 D. d. he felt the Court had no business reviewing state court convictions.



Answer Key: B
Question 11 of 20 5.0/ 5.0 Points

According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes, the greater the factual foundation required to support it.
 
  A. True
 B. False
 



Answer Key: True
Question 12 of 20 5.0/ 5.0 Points

The due process revolution was led by the Burger Court.
 
  A. True
 B. False
 



Answer Key: False
Question 13 of 20 5.0/ 5.0 Points

The due process revolution increased the power of the police in America.
 
  A. True
 B. False
 



Answer Key: False
Question 14 of 20 5.0/ 5.0 Points

The Constitution always binds the government.
 
  A. True
 B. False
 



Answer Key: True
Question 15 of 20 5.0/ 5.0 Points

The United States Supreme Court has no authority to interpret state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.
 
  A. True
 B. False
 



Answer Key: True
Question 16 of 20 5.0/ 5.0 Points

The fear of fascism and the rise of Nazi Germany did not revive the historical fears Americans had of arbitrary government.
 
  A. True
 B. False
 



Answer Key: False
Question 17 of 20 5.0/ 5.0 Points

In Powell v. Alabama, the 1932 Supreme Court decision involving several black youths accused of raping two white girls on a train, the court ruled that the due process clause of the Fourteenth Amendment requires states to provide the rudiments of a fair trial -- fundamental fairness.
 
  A. True
 B. False
 



Answer Key: True
Question 18 of 20 5.0/ 5.0 Points

According to the Fundamental Fairness Doctrine, due process is a general command, requiring states to provide the rudiments of a fair trial.
 
  A. True
 B. False
 



Answer Key: True
Question 19 of 20 5.0/ 5.0 Points

The total incorporation doctrine has been accepted by the majority of the Supreme Court.
 
  A. True
 B. False
 



Answer Key: False
Question 20 of 20 5.0/ 5.0 Points

Equal protection of the law means that states must treat everybody alike.
 
  A. True
 B. False
 



Answer Key: False



************************Quiz 2**********************************

Part 1 of 1 -  95.0/ 100.0 Points



Question 1 of 20 5.0/ 5.0 Points

The reasonableness of searches pursuant to search warrants depends on I. the existence of probable cause. II. the extent of the search. III. the particularity of the warrant. IV. how the police enter the place to be searched.
 A. a. I, III, IV
 
 B. b. I, II, III, IV
 
 C. c. I, II, IV
 
 D. d. II, III, IV



Answer Key: B
Question 2 of 20 5.0/ 5.0 Points

In Wilson v. Arkansas, the Supreme Court unanimously decided that:
 A. a. the Fourth Amendment prohibits all "no-knock" entries.
 
 B. b. the Fourth Amendment does not prohibit "no-knock" entries.
 
 C. c. the police are never required to follow the rule of announcement when executing a search warrant.
 
 D. d. ordinarily, the Fourth Amendment requires police knock and announce.



Answer Key: D
Question 3 of 20 5.0/ 5.0 Points

According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
 A. a. it is not reasonable to search a person who is lawfully arrested.
 
 B. b. it is not reasonable to search an entire house incident to a lawful arrest of someone there.
 
 C. c. the Fourth Amendment does not protect searches incident to lawful arrests.
 
 D. d. police must always have search warrants to search persons.



Answer Key: B
Question 4 of 20 5.0/ 5.0 Points

In order to conduct a consent search of a person, an officer must have I. probable cause to believe the suspect has seizable items on his person. II. a valid warrant. III. probable cause to make a stop. IV. voluntary consent to search.
 A. a. I, IV
 
 B. b. I, II
 
 C. c. III, IV
 
 D. d. IV



Answer Key: D
Question 5 of 20 5.0/ 5.0 Points

In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:
 A. a. third party consent cannot be used to enter a person's home whether to make an arrest or search.
 
 B. b. the third party giving consent to search must have actual authority over the premises.
 
 C. c. the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent.
 
 D. d. search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.



Answer Key: C
Question 6 of 20 5.0/ 5.0 Points

Police officers at the scene of a fire: I. do not need a warrant to remain in a burned building to look for injured victims. II. do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion. III. must get a warrant to search for evidence of crime once they determine the cause of the fire. IV. can search suspicious onlookers without a warrant.
 A. a. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. I, III
 
 D. d. IV



Answer Key: B
Question 7 of 20 5.0/ 5.0 Points

With regard to border searches, the U.S. Supreme Court has found that:
 A. a. any kind of border search can be made without any justification whatsoever.
 
 B. b. strip searches must be justified by probable cause.
 
 C. c. body cavity searches are never justified.
 
 D. d. the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.



Answer Key: D
Question 8 of 20 5.0/ 5.0 Points

Historically, before the second half of the Twentieth Century, U.S. prisoners:
 A. a. had almost no rights under the Constitution.
 
 B. b. have always been fully protected by the Constitution.
 
 C. c. have been protected by the Constitution if they plead guilty.
 
 D. d. have been protected by the Fourth Amendment in the privacy of their cells.



Answer Key: A
Question 9 of 20 5.0/ 5.0 Points

According to research of police interrogations by sociologist Richard Leo 75% of interrogated suspects invoke one or more of their Miranda rights in order to avoid cooperating.
 
  True
 False
 



Answer Key: False
Question 10 of 20 0.0/ 5.0 Points

Which of the following constitutional protections apply to all stages of the criminal process? I. Fourteenth Amendment due process II. Eighth Amendment cruel and unusual punishments III. Sixth Amendment right-to-counsel IV. Fifth Amendment self incrimination
 A. a. I, II, III, IV
 
 B. b. I, III, IV
 
 C. c. I
 
 D. d. I, IV



Answer Key: D
Question 11 of 20 5.0/ 5.0 Points

When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunk
 
  A. True
 B. False
 



Answer Key: False
Question 12 of 20 5.0/ 5.0 Points

Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
 
  A. True
 B. False
 



Answer Key: False
Question 13 of 20 5.0/ 5.0 Points

Inventory searches are not justified by the need to protect police from possible danger.
 
  A. True
 B. False
 



Answer Key: False
Question 14 of 20 5.0/ 5.0 Points

Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
 
  A. True
 B. False
 



Answer Key: True
Question 15 of 20 5.0/ 5.0 Points

Criminal law enforcement is not the purpose of employee drug testing.
 
  A. True
 B. False
 



Answer Key: True
Question 16 of 20 5.0/ 5.0 Points

According to confessions and interrogation expert Professor Fred Inbau, police can't solve many crimes unless guilty people confess or suspects give police information that can convict someone else who's guilty.
 
  True
 False
 



Answer Key: True
Question 17 of 20 5.0/ 5.0 Points

According to research by sociologist Richard Leo, most police interrogations were coercive.
 
  A. True
 B. False
 



Answer Key: False
Question 18 of 20 5.0/ 5.0 Points

The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court.
 
  A. True
 B. False
 



Answer Key: False
Question 19 of 20 5.0/ 5.0 Points

The Miranda decision required police to give Miranda warnings to suspects whenever they arrest them.
 
  True
 False
 



Answer Key: False
Question 20 of 20 5.0/ 5.0 Points

The Miranda v. Arizona decision is an attempt to establish a bright line rule to prevent police coercion in custodial interrogation.
 
  A. True
 B. False
 



Answer Key: True


*******************************quiz 3****************************************

Question 1 of 20 5.0/ 5.0 Points

If prosecutors decide to charge a person arrested by the police, they do so by:
 A. a. notifying by memo the judge who, if the case goes to trial, will probably preside.
 
 B. b. notifying by memo the lawyer representing the accused.
 
 C. c. filing a complaint, information, or indictment with the court.
 
 D. d. notifying the accused by letter.



Answer Key: C
Question 2 of 20 5.0/ 5.0 Points

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:
 A. a. without unreasonable delay, under all the circumstances.
 
 B. b. within 36 hours of arrest, ordinarily.
 
 C. c. within 48 hours of arrest, ordinarily.
 
 D. d. within 24 hours of arrest, ordinarily.



Answer Key: C
Question 3 of 20 5.0/ 5.0 Points

Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:
 A. a. by the police at time of arrest.
 
 B. b. by a magistrate at the first appearance.
 
 C. c. by a judge at the preliminary hearing.
 
 D. d. by a judge at trial.



Answer Key: B
Question 4 of 20 5.0/ 5.0 Points

According to the Supreme Court opinion in U.S. v. Salerno, involving the detention prior to trial of defendants due to the threat they posed to public safety: I. preventive detention is not punishment. II. detention prior to trial must be solely for the purpose of securing appearance at trial. III. when Congress has mandated detention on the basis of a compelling interest other than prevention of flight, the Eight Amendment does not require release on bail. IV. pretrial detention in the Bail Reform Act of 1984 violates the Eight Amendment.
 A. a. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. I, III
 
 D. d. IV



Answer Key: C
Question 5 of 20 0.0/ 5.0 Points

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?
 A. reasonably effective assistance
 
 B. mockery of justice
 
 C. reasonably competent attorney
 
 D. reasonably educated attorney



Answer Key: C
Question 6 of 20 5.0/ 5.0 Points

After grand jurors are sworn in, they are charged by the:
 A. a. prosecutor.
 
 B. b. judge.
 
 C. c. clerk of court.
 
 D. d. foreman.



Answer Key: B
Question 7 of 20 5.0/ 5.0 Points

Preliminary hearings: I. are adversary proceedings. II. are open public proceedings. III. require the prosecutor to present evidence of the defendant's guilt. IV. permit the defense to present evidence.
 A. a. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. III
 
 D. d. I, II



Answer Key: A
Question 8 of 20 5.0/ 5.0 Points

The prohibition against double jeopardy prohibits all of the below, except:
 A. a. a second prosecution for the same offense after conviction.
 
 B. b. multiple punishments for the same offense.
 
 C. c. a second prosecution for the same offense after acquittal.
 
 D. d. multiple punishments for multiple crimes stemming from the same act(s).



Answer Key: D
Question 9 of 20 5.0/ 5.0 Points

According to the Supreme Court, the size of a jury must be sufficiently large that it does all but what of the following?
 A. a. promote group deliberation
 
 B. b. economize wisely on the jury process costs
 
 C. c. insulate members from outside intimidation
 
 D. d. provide a representative cross-section of the community



Answer Key: B
Question 10 of 20 5.0/ 5.0 Points

To have a valid guilty plea, a defendant who pleads guilty must:
 A. a. acknowledge guilt.
 
 B. b. know beforehand the exact sentence to be given.
 
 C. c. do so voluntarily and knowingly.
 
 D. d. agree he or she is factually guilty.



Answer Key: C
Question 11 of 20 5.0/ 5.0 Points

The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.
 
  A. True
 B. False
 



Answer Key: False
Question 12 of 20 5.0/ 5.0 Points

Felonies are more serious than misdemeanors.
 
  A. True
 B. False
 



Answer Key: True
Question 13 of 20 5.0/ 5.0 Points

Misdemeanor defendants commonly enter a plea at their first appearance.
 
  A. True
 B. False
 



Answer Key: True
Question 14 of 20 5.0/ 5.0 Points

Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.
 
  A. True
 B. False
 



Answer Key: False
Question 15 of 20 5.0/ 5.0 Points

It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.
 
  A. True
 B. False
 



Answer Key: True
Question 16 of 20 5.0/ 5.0 Points

Both the state and defense may move for changes of venue.
 
  A. True
 B. False
 



Answer Key: False
Question 17 of 20 5.0/ 5.0 Points

If a defendant wishes to plead guilty, but still not admit guilt, states are constitutionally required to let the defendant do so.
 
  A. True
 B. False
 



Answer Key: False
Question 18 of 20 5.0/ 5.0 Points

Six person juries do not have to render unanimous verdicts.
 
  A. True
 B. False
 



Answer Key: False
Question 19 of 20 5.0/ 5.0 Points

The right to an impartial jury does not require that a jury be selected from a fair cross section of the community.
 
  A. True
 B. False
 



Answer Key: False
Question 20 of 20 5.0/ 5.0 Points

Six member juries satisfy the requirements of the Sixth Amendment.
 
  A. True
 B. False
 



Answer Key: True


*********************************************Mid Term***************************************


Part 1 of 1 -    70.0/ 100.0 Points

Question 1 of 30   2.5/ 2.5 Points
In a constitutional democracy, when enforcing the criminal law:

    

   A. a. officials are restricted by the law of criminal procedure.   
   

   B. b. officials are restricted by the legislature.   
   

   C. c. officials are restricted by popular opinion.   
   

   D. d. officials have wide latitude to decide what actions to take.   



Answer Key: A
Question 2 of 30   2.5/ 2.5 Points
A petition for a writ of habeas corpus: I. is a continuation of the original criminal case. II. is a civil action. III. reviews the constitutionality of a petitioner's detention. IV. is another form of appeal.

   

   A. a. I, III   
   

   B. b. III, IV   
    

   C. c. II, III   
   

   D. d. IV   



Answer Key: C
Question 3 of 30   2.5/ 2.5 Points
The term "due process revolution" refers to:

    

   A. a. the Supreme Court's expansion of individual rights in the 1960s.   
   

   B. b. the Civil unrest that swept the U.S. in the 1960s.   
   

   C. c. the passage of the Fourteenth Amendment.   
   

   D. d. the adoption of the fundamental fairness doctrine by the Court in the 1930s.   



Answer Key: A
Question 4 of 30   2.5/ 2.5 Points
In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause:

   

   A. a. requires jury trials in all state courts.   
   

   B. b. requires states to provide a grand jury indictment in capital cases.   
   

   C. c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases.   
    

   D. d. does not require states to provide a grand jury indictment in capital cases.   



Answer Key: D
Question 5 of 30   2.5/ 2.5 Points
Selective incorporation means:

   

   A. a. the state legislatures can select which provisions in the Bill of Rights to incorporate.   
    

   B. b. only some of the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment.   
   

   C. c. only the Fourth and Fifth Amendments are incorporated into the due process clause of the Fourteenth Amendment.   
   

   D. d. state supreme courts shall decide which provisions in the Bill of Rights their states should incorporate   



Answer Key: B
Question 6 of 30   2.5/ 2.5 Points
According to the Supreme Court in Katz v. U.S., involving the use of an electronic listening device on the outside of a public telephone booth by the police: I. the Fourth Amendment did not create a general constitutional right to privacy. II. protection of a person's general right to privacy is left largely to the law of the individual states. III. what a person knowingly exposes to the public is not subject to Fourth Amendment protection. IV. what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.

    

   A. a. I, II, III, IV   
   

   B. b. I, III   
   

   C. c. II, III, IV   
   

   D. d. IV   



Answer Key: A
Question 7 of 30   2.5/ 2.5 Points
An officer who smells marijuana as he drives by a car with an open window:

   

   A. a. cannot compel the driver to stop the car so he can investigate without a warrant.   
   

   B. b. is limited to noting the license plate number of the vehicle and initiating a stake-out of the owner's home in order to gather additional evidence.   
    

   C. c. is authorized to stop the car to investigate without a warrant or probable cause because it is a plain search and outside the scope of the Fourth Amendment.   
   

   D. d. is authorized to stop and investigate because he has probable cause under the Fourth Amendment.   



Answer Key: C
Question 8 of 30   2.5/ 2.5 Points
Which of the following places is/are not likely to be considered part of the curtilage? I. garages II. pools III. warehouses on the same property IV. porches

   

   A. a. I, II, IV   
   

   B. b. II, IV   
    

   C. c. III   
   

   D. d. I   



Answer Key: C
Question 9 of 30   2.5/ 2.5 Points
Examples of direct evidence that police can use to build probable cause include: I. tip from a reliable informant. II. DNA profile. III. suspect fleeing an officer. IV. suspect making furtive movements.

    

   A. a. II, III, IV   
   

   B. b. III, IV   
   

   C. c. II   
   

   D. d. II, III   



Answer Key: A
Question 10 of 30   2.5/ 2.5 Points
The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:

   

   A. a. whether consent to search was actually obtained by the officers.   
   

   B. b. whether the initial stop of the defendant's car was lawful.   
   

   C. c. the coercion of the defendant to obtain the consent.   
    

   D. d. whether the police must inform a suspect of her right to refuse consent to a consent search.   



Answer Key: D
Question 11 of 30   2.5/ 2.5 Points
In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that:

   

   A. a. the search of the backpack violated the U.S. Constitution.   
    

   B. b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search.   
   

   C. c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack.   
   

   D. d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack.   



Answer Key: B
Question 12 of 30   2.5/ 2.5 Points
According to the Supreme Court, in order to conduct a routine search at the border, officers need:

   

   A. a. probable cause.   
   

   B. b. a warrant.   
   

   C. c. reasonable suspicion.   
    

   D. d. none of the choices.   



Answer Key: D
Question 13 of 30   2.5/ 2.5 Points
A special need that justifies airport searches is:

   

   A. a. protection of endangered species.   
   

   B. b. protection of public health.   
   

   C. c. protection from drug smuggling.   
    

   D. d. protection for air travelers.   



Answer Key: D
Question 14 of 30   2.5/ 2.5 Points
In National Treasury Employees Union v. Raub, concerning a Customs Service drug testing program, the Supreme Court:

   

   A. upheld the entire Customs Service testing program.   
   

   B. upheld only the testing of employees who carried weapons.   
   

   C. did not uphold any of the program.   
    

   D. held that part of the program requiring testing of all employees solely for the reason that they handled classified material was unconstitutional.   



Answer Key: D
Question 15 of 30   2.5/ 2.5 Points
A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.


 
    A. True

 B. False





Answer Key: False
Question 16 of 30   2.5/ 2.5 Points
The greater the limit government imposes on the rights of an individual to come and go, the greater and the more facts needed to justify the limitation.

 

    A. True

 B. False





Answer Key: True
Question 17 of 30   2.5/ 2.5 Points
The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.

 

    A. True

 B. False





Answer Key: True
Question 18 of 30   2.5/ 2.5 Points
Some state constitutions provide rights not mentioned in the U.S. Constitution

 

    A. True

 B. False





Answer Key: True
Question 19 of 30   2.5/ 2.5 Points
According to the Supreme Court opinion in California v. Greenwood involving incriminating evidence found in defendant's trash, citizens have a reasonable expectation of privacy in their trash.


 
    A. True

 B. False





Answer Key: False
Question 20 of 30   2.5/ 2.5 Points
Police officers can automatically frisk all citizens whom they stop.


 
    A. True

 B. False





Answer Key: False
Question 21 of 30   2.5/ 2.5 Points
The sole purpose of a frisk is to protect officers from death or injury.

 

    True

 False





Answer Key: True
Question 22 of 30   2.5/ 2.5 Points
An officer conducting a protective pat-down search can never seize any items other than weapons.


 
    A. True

 B. False





Answer Key: False
Question 23 of 30   2.5/ 2.5 Points
Police can never arrest someone for a non-serious traffic offense.


 
    A. True

 B. False





Answer Key: False
Question 24 of 30   2.5/ 2.5 Points
In Draper v. United States, the Supreme Court found that information that may not be admissible at trial to prove guilt could still be used to establish probable cause.

 

    A. True

 B. False





Answer Key: True
Question 25 of 30   2.5/ 2.5 Points
In most cases, probable cause alone is enough to make an arrest a reasonable Fourth Amendment seizure.

 

    True

 False





Answer Key: True
Question 26 of 30   2.5/ 2.5 Points
Unless the police are in hot pursuit of a suspect, the Fourth Amendment usually requires a warrant to enter a private home to make arrests.

 

    A. True

 B. False





Answer Key: True
Question 27 of 30   2.5/ 2.5 Points
Most searches take place pursuant to warrants.


 
    A. True

 B. False





Answer Key: False
Question 28 of 30   2.5/ 2.5 Points
Probationers and parolees have diminished Fourth Amendment rights.

 

    A. True

 B. False





Answer Key: True
Question 29 of 30   0.0/ 15.0 Points
Briefly trace the history of due process from the adoption of the U.S. Constitution to the present.


The Fifth and Fourteenth Amendments of the United States Constitution both limit the power of the federal and state governments to discriminate against an individual. The 5th Amendment has an clear requirement that the Federal Government not deprive individuals of life, liberty, or property, without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The 14th Amendment clearly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest.



The Bill of Rights basically gives protection against only the federal government but not the state government. And the 14th Amendment's due process clause changed that this for a reason. Today, courts still defined due process differently, for example, some rulings concentrate on procedural due process, challenging that due process guarantees a fair procedure when determining cases. Many scholars suggest that the Bill of Rights organized a strict guide to follow when making sure the people are protected from the government and that the 14th Amendment affirms that the same applies to individual states as well. A great example of such is in 1932 when the United States Supreme Court made a ruling in the case of Powell v. Alabama: The defendant was denied due process while in his trial proceedings in the state of Alabama. Also in Brown v. Mississippi, 297 U.S. 278, (1936), was a United States Supreme Court that also determined that a defendant’s right to Due Process Clause of the 14th Amendment was also violated when to police violently beat a confession out of the defendant.

Question 30 of 30   0.0/ 15.0 Points
Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.


It wasn’t until the 1967 when the United States Supreme Court Supreme Court defined searches under what was called the Trespass Doctrine. The Trespass Doctrine underlines that in order to be searched; officers had to forcefully enter a "constitutionally protected area". Constitutionally protected areas could be a person, home, mail, papers, and personal possessions. After the United States Supreme Court Supreme Court defined searches under what was called the Trespass Doctrine, it was exchanged with Privacy Doctrine. According to the Privacy Doctrine, the Fourth Amendment protects persons, not places, whenever the persons have an anticipation of privacy that the world is ready to recognize as reasonable expectation of privacy. Therefore, after applying this new concept, that arouse from Katz v. United States, 389 U.S. 347 (1967), Katz conversation in the glass booth should have be recognized as reasonable expectation of privacy in the telephone booth made in glass. This is due to the fact that Katz wanted to protect his privacy from the public by closing the glass booth door to do so. Therefore the federal agents violate his 4th Amendment with an illegal wiretap.

 
 
*******************************************Final**************************************

Question 1 of 30 2.5/ 2.5 Points

The main reasons for misidentification include: I. the brain does not record accurately what the eye sees. II. the police may use improper suggestive identification measures. III. memory loss between the original event and the identification procedure. IV. look-alike suspects. V. recall.
 A. a. I, II, III, IV, V
 
 B. b. I, II, III, V
 
 C. c. II
 
 D. d. II, III, IV, V



Answer Key: B
Question 2 of 30 2.5/ 2.5 Points

____ lineups reduce the power of suggestion and reduce the possibility that the witness will pick the person who most resembles the perpetrator:
 A. a. Sequential
 
 B. b. Simultaneous
 
 C. c. Blind
 
 D. d. Photo



Answer Key: A
Question 3 of 30 2.5/ 2.5 Points

In using deterrence as the justification for excluding valid evidence, the Court weighs:
 A. a. the evidence of guilt against nature of the constitutional violation.
 
 B. b. the social costs against the deterrent effect.
 
 C. c. a and b
 
 D. d. neither a nor b



Answer Key: B
Question 4 of 30 2.5/ 2.5 Points

Which exception holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?
 A. a. the attenuation exception
 
 B. b. the independent source exception
 
 C. c. the inevitable discovery exception
 
 D. d. the fruit of the poisonous tree exception



Answer Key: B
Question 5 of 30 2.5/ 2.5 Points

The deterrence rationale for the exclusionary rule:
 A. a. is based on the idea that courts need to be discouraged from using illegally seized evidence.
 
 B. b. is concerned with deterring judges who issue bad warrants.
 
 C. c. is no longer the primary justification for the rule.
 
 D. d. is based on the belief that excluding good evidence because it was illegally obtained send a message to law enforcement.



Answer Key: D
Question 6 of 30 2.5/ 2.5 Points

In Weeks v. U.S., a 1914 case involving the illegal entry and search of a home, the Supreme Court: I. reversed Week's conviction. II. made the U.S. unique in excluding good evidence from court because of the manner in which it was seized. III. applied the exclusionary to both federal and state law enforcement. IV. applied the exclusionary only to gambling cases.
 A. a. I, II, III, IV
 
 B. b. I, II, IV
 
 C. c. I, II
 
 D. d. I



Answer Key: C
Question 7 of 30 2.5/ 2.5 Points

According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:
 A. a. the due process clauses create an official duty to protect life.
 
 B. b. a duty to protect life can arise when the state restrains citizens from acting on their own behalf.
 
 C. c. an affirmative duty to protect life can never arise on the part of government officials.
 
 D. d. government action can never create a duty to protect life.



Answer Key: B
Question 8 of 30 2.5/ 2.5 Points

People who sue the government or its officers under section 1983:
 A. a. are usually successful.
 
 B. b. are usually successful if the violation was extreme.
 
 C. c. are rarely successful.
 
 D. d. are usually successful because juries do not believe police officers tell the truth.



Answer Key: C
Question 9 of 30 2.5/ 2.5 Points

Internal review of police misconduct involves:
 A. a. review of misconduct by civilians.
 
 B. b. review of misconduct by a special team of officers in the department.
 
 C. c. review by a special master appointed by the court.
 
 D. d. review by officers in another police department.



Answer Key: B
Question 10 of 30 2.5/ 2.5 Points

After grand jurors are sworn in, they are charged by the:
 A. a. prosecutor.
 
 B. b. judge.
 
 C. c. clerk of court.
 
 D. d. foreman.



Answer Key: B
Question 11 of 30 2.5/ 2.5 Points

The prohibition against double jeopardy attaches:
 A. a. at arrest.
 
 B. b. after indictment or being bound over following a preliminary hearing.
 
 C. c. when the first witness testifies.
 
 D. d. at different times for judge and jury trials.



Answer Key: D
Question 12 of 30 2.5/ 2.5 Points

If a defendant's constitutional right to a speedy trial is violated:
 A. a. the charges against the defendant are dismissed.
 
 B. b. the time the defendant spent in jail awaiting trial is deducted from his sentence.
 
 C. c. the court determines the point at which the trial should have commenced and deducts from the sentence the period of time between then and the date the trial actually started.
 
 D. d. the prosecution must go back to the grand jury stage and start all over.



Answer Key: A
Question 13 of 30 2.5/ 2.5 Points

Concerning the functioning of twelve (12) member juries, social scientists have found:
 A. a. that twelve member juries obtain less reliable verdicts than smaller juries.
 
 B. b. that twelve member juries don't represent the community.
 
 C. c. that there is no difference in the reliability of verdicts between twelve member and smaller juries.
 
 D. d. juries with twelve (12) members are right more often.   



Answer Key: D
Question 14 of 30 2.5/ 2.5 Points

Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called:
 A. a. cross-examination.
 
 B. b. direct examination.
 
 C. c. the right to compel testimony.
 
 D. d. compulsory process.



Answer Key: D
Question 15 of 30 2.5/ 2.5 Points

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.
 
  A. True
 B. False
 



Answer Key: False
Question 16 of 30 2.5/ 2.5 Points

The Supreme Court has held that the manner in which a defendant comes before the court may affect the government's ability to try the accused.
 
  A. True
 B. False
 



Answer Key: False
Question 17 of 30 2.5/ 2.5 Points

Officials who violate the Fourth Amendment by conducting an illegal search cannot receive qualified immunity for their actions.
 
  A. True
 B. False
 



Answer Key: False
Question 18 of 30 2.5/ 2.5 Points

Suing governmental bodies under Section 1983 is more complicated than suing individuals.
 
  A. True
 B. False
 



Answer Key: True
Question 19 of 30 2.5/ 2.5 Points

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.
 
  A. True
 B. False
 



Answer Key: False
Question 20 of 30 2.5/ 2.5 Points

All dismissals because of speedy trial violations are with prejudice.
 
  A. True
 B. False
 



Answer Key: False
Question 21 of 30 2.5/ 2.5 Points

A valid plea cannot be assumed from a silent record.
 
  A. True
 B. False
 



Answer Key: True
Question 22 of 30 2.5/ 2.5 Points

Defendants may not be required to come to court in prison clothes.
 
  A. True
 B. False
 



Answer Key: True
Question 23 of 30 2.5/ 2.5 Points

Throughout history, fixed sentences have totally dominated criminal sentencing.
 
  A. True
 B. False
 



Answer Key: False
Question 24 of 30 2.5/ 2.5 Points

Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.
 
  A. True
 B. False
 



Answer Key: True
Question 25 of 30 2.5/ 2.5 Points

A defendant's youthful age at the time he committed a murder is considered an aggravating factor in most death penalty sentencing statutes.
 
  A. True
 B. False
 



Answer Key: False
Question 26 of 30 2.5/ 2.5 Points

The jurisdiction of military commissions applies only to noncitizens.
 
  A. True
 B. False
 



Answer Key: True
Question 27 of 30 2.5/ 2.5 Points

The libraries provision of The Patriot Act is not controversial and is supported by law enforcement officials and civil libertarians.
 
  A. True
 B. False
 



Answer Key: False
Question 28 of 30 2.5/ 2.5 Points

The federal government has disbanded the terrorist surveillance program.
 
  A. True
 B. False
 



Answer Key: True
Question 29 of 30 15.0/ 15.0 Points

Identify and describe the significance of the three sources that have affected the balance between security and rights in the detention of terrorist suspects since 9/11.
     [
 
 
Question 30 of 30 15.0/ 15.0 Points

Identify two elements plaintiffs in §1983 actions against state and local law enforcement officers have to prove. Identify and describe two limits placed by the U.S. Supreme Court in §1983 actions against state and local officers.

  In order to have a successful §1983 (U.S. Civil Rights Act) case against state and local law enforcement officers the plaintiffs must be able to prove two elements which are "similar to those in Bivens constitutional tort actions" first, the plaintiffs must proves that the "Officers acted “under color of state law,” which includes all acts done within the scope of their employment." [1] Second, the plaintiffs have to prove that "Officers' actions caused a deprivation of plaintiffs' rights guaranteed by the U.S. Constitution."[2]

Post Merge: A year ago

***Quiz 1****
Question 1 of 20 5.0/ 5.0 Points

The search for the correct result essential to criminal procedure in a constitutional democracy means to: I. convict the guilty. II. plea bargain in weak cases. III. search for truth at any cost. IV. acquit the innocent.
 A. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. I
 
 D. d. I, IV



Answer Key: D
Question 2 of 20 5.0/ 5.0 Points

The trend today in balancing results and means in criminal justice:
 A. a. continues to be strongly in favor of individual rights by emphasizing process (means).
 
 B. b. has shifted away from process to results.
 
 C. c. is impossible to determine because the Supreme Court has not made it clear.
 
 D. d. is equally poised between process (means) and results.



Answer Key: B
Question 3 of 20 5.0/ 5.0 Points

A brief description of the steps and judgments made by each court that has heard a case is called:
 A. a. the courts' judgments
 
 B. b. the courts' decisions
 
 C. c. the courts' opinions
 
 D. d. the procedural history of the case



Answer Key: D
Question 4 of 20 5.0/ 5.0 Points

How a court disposes of a case is called:
 A. a. the court's judgment
 
 B. b. the court's opinion
 
 C. c. the majority opinion
 
 D. d. the case holding



Answer Key: A
Question 5 of 20 5.0/ 5.0 Points

Courts explain why they decided a particular case the way it did in:
 A. a. the judgment.
 
 B. b. the opinion.
 
 C. c. the decision.
 
 D. d. facts.



Answer Key: B
Question 6 of 20 5.0/ 5.0 Points

In the U.S. Supreme Court, certiorari: I. is discretionary. II. does not require the court to hear the appeal. III. is usually granted because a case raises an important constitutional issue affecting large numbers of individuals. IV. is usually granted to prevent punishment of the innocent
 A. a. III
 
 B. b. I, II
 
 C. c. I, II, III
 
 D. d. I, II, III, IV



Answer Key: C
Question 7 of 20 5.0/ 5.0 Points

An appellate court ____ a trial court's judgment when it sets it aside.
 A. a. reverses
 
 B. b. affirms
 
 C. c. remands
 
 D. d. questions



Answer Key: A
Question 8 of 20 5.0/ 5.0 Points

According to the Supreme Court in Powell v. Alabama, the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train,:
 A. a. the entire Bill of Rights applies to state criminal procedure.
 
 B. b. the due process clause requires states to follow all of the federal government's rules of criminal procedure.
 
 C. c. all criminal defendants are entitled to a lawyer in every criminal case free of charge.
 
 D. d. in the severe circumstances of this case -- young, ignorant, illiterate defendants facing the death penalty in a hostile environment far from their family and friends -- the state was required under the federal Constitution to provide counsel for the defendants.



Answer Key: D
Question 9 of 20 5.0/ 5.0 Points

Both the fundamental fairness and incorporation doctrines promote similar interests. Nonetheless, they differ in several respects. These differences include: I. they define due process differently. II. the extent and specificity to which they require uniform treatment by the states. III. incorporation doctrine promotes process interests in controlling government while fundamental fairness does not. IV. the fundamental fairness doctrine derives its meaning independent of the Bill of Rights while incorporation does not.
 A. a. I
 
 B. b. II, III
 
 C. c. I, II, IV
 
 D. d. I, II, III, IV



Answer Key: C
Question 10 of 20 5.0/ 5.0 Points

Although he concurred with the result in Rochin v. California, Justice Black disagreed with the majority's approach to deciding what constitutes due process because:
 A. a. he felt that the conviction should have stood.
 
 B. b. he felt the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states.
 
 C. c. he felt it was too rigid and unbending.
 
 D. d. he felt the Court had no business reviewing state court convictions.



Answer Key: B
Question 11 of 20 5.0/ 5.0 Points

According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes, the greater the factual foundation required to support it.
 
  A. True
 B. False
 



Answer Key: True
Question 12 of 20 5.0/ 5.0 Points

The due process revolution was led by the Burger Court.
 
  A. True
 B. False
 



Answer Key: False
Question 13 of 20 5.0/ 5.0 Points

The due process revolution increased the power of the police in America.
 
  A. True
 B. False
 



Answer Key: False
Question 14 of 20 5.0/ 5.0 Points

The Constitution always binds the government.
 
  A. True
 B. False
 



Answer Key: True
Question 15 of 20 5.0/ 5.0 Points

The United States Supreme Court has no authority to interpret state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.
 
  A. True
 B. False
 



Answer Key: True
Question 16 of 20 5.0/ 5.0 Points

The fear of fascism and the rise of Nazi Germany did not revive the historical fears Americans had of arbitrary government.
 
  A. True
 B. False
 



Answer Key: False
Question 17 of 20 5.0/ 5.0 Points

In Powell v. Alabama, the 1932 Supreme Court decision involving several black youths accused of raping two white girls on a train, the court ruled that the due process clause of the Fourteenth Amendment requires states to provide the rudiments of a fair trial -- fundamental fairness.
 
  A. True
 B. False
 



Answer Key: True
Question 18 of 20 5.0/ 5.0 Points

According to the Fundamental Fairness Doctrine, due process is a general command, requiring states to provide the rudiments of a fair trial.
 
  A. True
 B. False
 



Answer Key: True
Question 19 of 20 5.0/ 5.0 Points

The total incorporation doctrine has been accepted by the majority of the Supreme Court.
 
  A. True
 B. False
 



Answer Key: False
Question 20 of 20 5.0/ 5.0 Points

Equal protection of the law means that states must treat everybody alike.
 
  A. True
 B. False
 



Answer Key: False



************************Quiz 2**********************************

Part 1 of 1 -  95.0/ 100.0 Points



Question 1 of 20 5.0/ 5.0 Points

The reasonableness of searches pursuant to search warrants depends on I. the existence of probable cause. II. the extent of the search. III. the particularity of the warrant. IV. how the police enter the place to be searched.
 A. a. I, III, IV
 
 B. b. I, II, III, IV
 
 C. c. I, II, IV
 
 D. d. II, III, IV



Answer Key: B
Question 2 of 20 5.0/ 5.0 Points

In Wilson v. Arkansas, the Supreme Court unanimously decided that:
 A. a. the Fourth Amendment prohibits all "no-knock" entries.
 
 B. b. the Fourth Amendment does not prohibit "no-knock" entries.
 
 C. c. the police are never required to follow the rule of announcement when executing a search warrant.
 
 D. d. ordinarily, the Fourth Amendment requires police knock and announce.



Answer Key: D
Question 3 of 20 5.0/ 5.0 Points

According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
 A. a. it is not reasonable to search a person who is lawfully arrested.
 
 B. b. it is not reasonable to search an entire house incident to a lawful arrest of someone there.
 
 C. c. the Fourth Amendment does not protect searches incident to lawful arrests.
 
 D. d. police must always have search warrants to search persons.



Answer Key: B
Question 4 of 20 5.0/ 5.0 Points

In order to conduct a consent search of a person, an officer must have I. probable cause to believe the suspect has seizable items on his person. II. a valid warrant. III. probable cause to make a stop. IV. voluntary consent to search.
 A. a. I, IV
 
 B. b. I, II
 
 C. c. III, IV
 
 D. d. IV



Answer Key: D
Question 5 of 20 5.0/ 5.0 Points

In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:
 A. a. third party consent cannot be used to enter a person's home whether to make an arrest or search.
 
 B. b. the third party giving consent to search must have actual authority over the premises.
 
 C. c. the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent.
 
 D. d. search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.



Answer Key: C
Question 6 of 20 5.0/ 5.0 Points

Police officers at the scene of a fire: I. do not need a warrant to remain in a burned building to look for injured victims. II. do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion. III. must get a warrant to search for evidence of crime once they determine the cause of the fire. IV. can search suspicious onlookers without a warrant.
 A. a. I, II, III, IV
 
 B. b. I, II, III
 
 C. c. I, III
 
 D. d. IV



Answer Key: B
Question 7 of 20 5.0/ 5.0 Points

With regard to border searches, the U.S. Supreme Court has found that:
 A. a. any kind of border search can be made without any justification whatsoever.
 
 B. b. strip searches must be justified by probable cause.
 
 C. c. body cavity searches are never justified.
 
 D. d. the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.



Answer Key: D
Question 8 of 20 5.0/ 5.0 Points

Historically, before the second half of the Twentieth Century, U.S. prisoners:
 A. a. had almost no rights under the Constitution.
 
 B. b. have always been fully protected by the Constitution.
 
 C. c. have been protected by the Constitution if they plead guilty.
 
 D. d. have been protected by the Fourth Amendment in the privacy of their cells.



Answer Key: A
Question 9 of 20 5.0/ 5.0 Points

According to research of police interrogations by sociologist Richard Leo 75% of interrogated suspects invoke one or more of their Miranda rights in order to avoid cooperating.
 
  True
 False
 



Answer Key: False
Question 10 of 20 0.0/ 5.0 Points

Which of the following constitutional protections apply to all stages of the criminal process? I. Fourteenth Amendment due process II. Eighth Amendment cruel and unusual punishments III. Sixth Amendment right-to-counsel IV. Fifth Amendment self incrimination
 A. a. I, II, III, IV
 
 B. b. I, III, IV
 
 C. c. I
 
 D. d. I, IV



Answer Key: D
Question 11 of 20 5.0/ 5.0 Points

When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunk
 
  A. True
 B. False
 



Answer Key: False
Question 12 of 20 5.0/ 5.0 Points

Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
 
  A. True
 B. False
 



Answer Key: False
Question 13 of 20 5.0/ 5.0 Points

Inventory searches are not justified by the need to protect police from possible danger.
 
  A. True
 B. False
 



Answer Key: False
Question 14 of 20 5.0/ 5.0 Points

Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
 
  A. True
 B. False
 



Answer Key: True
Question 15 of 20 5.0/ 5.0 Points

Criminal law enforcement is not the purpose of employee drug testing.
 
  A. True
 B. False
 



Answer Key: True
Question 16 of 20 5.0/ 5.0 Points

According to confessions and interrogation expert Professor Fred Inbau, police can't solve many crimes unless guilty people confess or suspects give police information that can convict someone else who's guilty.
 
  True
 False
 



Answer Key: True
Question 17 of 20 5.0/ 5.0 Points

According to research by sociologist Richard Leo, most police interrogations were coercive.
 
  A. True
 B. False
 



Answer Key: False
Question 18 of 20 5.0/ 5.0 Points

The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court.
 
  A. True
 B. False
 



Answer Key: False
Question 19 of 20 5.0/ 5.0 Points

The Miranda decision required police to give Miranda warnings to suspects whenever they arrest them.
 
  True
 False
 



Answer Key: False
Question 20 of 20 5.0/ 5.0 Points

The Miranda v. Arizona decision is an attempt to establish a bright line rule to prevent police coercion in custodial interrogation.
 
  A. True
 B. False
 



Answer Key: True


*******************************quiz 3****************************************

Question 1 of 20 5.0/ 5.0 Points

If prosecutors decide to charge a person arrested by the police, they do so by:
 A. a. notifying by memo the judge who, if the case goes to trial, will probably preside.
 
 B. b. notifying by memo the lawyer representing the accused.
 
 C. c. filing a complaint, information, or indictment with the court.
 
 D. d. notifying the accused by letter.



Answer Key: C
Question 2 of 20 5.0/ 5.0 Points

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:
 A. a. without unreasonable delay, under all the circumstances.
 
 B. b. within 36 hours of arrest, ordinarily.
 
 C. c. within 48 hours of arrest, ordina


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APU/AMU LSTD 400 quizes and midterm/final
A year ago
That was very helpful! Does anyone have Writing Assignment 2

1. Identify and define the mental processes that account for mistakes in identifying strangers. Also identify the circumstances that affect the accuracy of perceptions in identifying strangers.

2. Why are photo identifications the most unreliable eyewitness identification procedure?

3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

4. List and explain five exceptions to the exclusionary rule.

5. Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

9. Can you sue a judge for damage? A prosecutor? Explain.


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LSTD 400 Quiz 2
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APU/AMU LSTD 400 quizes and midterm/final
A year ago
Part 1 of 1 -   90.0/ 100.0 Points

Question 1 of 20
5.0/ 5.0 Points
The reasonableness of searches pursuant to search warrants depends on I.   the existence of probable cause.    II.   the extent of the search. III.   the particularity of the warrant.    IV.   how the police enter the place to be searched.
 A.a. I, III, IV   
Correct    B.b.   I, II, III, IV   
 C.c.   I, II, IV   
 D.d.   II, III, IV   

Answer Key: B
Question 2 of 20
5.0/ 5.0 Points
In Wilson v. Arkansas, the Supreme Court unanimously decided that:
 A.a. the Fourth Amendment prohibits all "no-knock" entries.   
 B.b.   the Fourth Amendment does not prohibit "no-knock" entries.   
 C.c.   the police are never required to follow the rule of announcement when executing a search warrant.   
Correct    D.d.   ordinarily, the Fourth Amendment requires police knock and announce.   

Answer Key: D
Question 3 of 20
5.0/ 5.0 Points
According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
 A.a. it is not reasonable to search a person who is lawfully arrested.   
Correct    B.b.   it is not reasonable to search an entire house incident to a lawful arrest of someone there.   
 C.c.   the Fourth Amendment does not protect searches incident to lawful arrests.   
 D.d.   police must always have search warrants to search persons.   

Answer Key: B
Question 4 of 20
5.0/ 5.0 Points
In order to conduct a consent search of a person, an officer must have I.   probable cause to believe the suspect has seizable items on his person. II.   a valid warrant.    III.   probable cause to make a stop.    IV.   voluntary consent to search.
 A.a. I, IV   
 B.b.   I, II   
 C.c.   III, IV   
Correct    D.d.   IV   

Answer Key: D
Question 5 of 20
5.0/ 5.0 Points
In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:
 A.a. third party consent cannot be used to enter a person's home whether to make an arrest or search.   
 B.b.   the third party giving consent to search must have actual authority over the premises.   
Correct    C.c.   the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent.   
 D.d.   search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.   

Answer Key: C
Question 6 of 20
5.0/ 5.0 Points
Police officers at the scene of a fire: I.   do not need a warrant to remain in a burned building to look for injured victims.    II.   do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion.    III.   must get a warrant to search for evidence of crime once they determine the cause of the fire. IV.   can search suspicious onlookers without a warrant.
 A.a. I, II, III, IV   
Correct    B.b.   I, II, III   
 C.c.   I, III   
 D.d.   IV   

Answer Key: B
Question 7 of 20
5.0/ 5.0 Points
With regard to border searches, the U.S. Supreme Court has found that:
 A.a. any kind of border search can be made without any justification whatsoever.   
 B.b.   strip searches must be justified by probable cause.   
 C.c.   body cavity searches are never justified.   
Correct    D.d.   the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.   

Answer Key: D
Question 8 of 20
5.0/ 5.0 Points
Historically, before the second half of the Twentieth Century, U.S. prisoners:
Correct    A.a. had almost no rights under the Constitution.   
 B.b.   have always been fully protected by the Constitution.   
 C.c.   have been protected by the Constitution if they plead guilty.   
 D.d.   have been protected by the Fourth Amendment in the privacy of their cells.   

Answer Key: A
Question 9 of 20
0.0/ 5.0 Points
According to research of police interrogations by sociologist Richard Leo 75% of interrogated suspects invoke one or more of their Miranda rights in order to avoid cooperating.
Incorrect
 True
 False


Answer Key: False
Question 10 of 20
0.0/ 5.0 Points
Which of the following constitutional protections apply to all stages of the criminal process? I.   Fourteenth Amendment due process    II.   Eighth Amendment cruel and unusual punishments    III.   Sixth Amendment right-to-counsel    IV.   Fifth Amendment self incrimination
 A.a. I, II, III, IV   
 B.b.   I, III, IV   
Incorrect    C.c.   I   
 D.d.   I, IV   

Answer Key: D
Question 11 of 20
5.0/ 5.0 Points
When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunk
Correct   
 A. True
 B. False


Answer Key: False
Question 12 of 20
5.0/ 5.0 Points
Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
Correct   
 A. True
 B. False


Answer Key: False
Question 13 of 20
5.0/ 5.0 Points
Inventory searches are not justified by the need to protect police from possible danger.
Correct   
 A. True
 B. False


Answer Key: False
Question 14 of 20
5.0/ 5.0 Points
Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
Correct
 A. True
 B. False


Answer Key: True
Question 15 of 20
5.0/ 5.0 Points
Criminal law enforcement is not the purpose of employee drug testing.
Correct
 A. True
 B. False


Answer Key: True
Question 16 of 20
5.0/ 5.0 Points
According to confessions and interrogation expert Professor Fred Inbau, police can solve many crimes unless guilty people confess or suspects give police information that can convict someone else who's guilty.
Correct
 True
 False


Answer Key: True
Question 17 of 20
5.0/ 5.0 Points
According to research by sociologist Richard Leo, most police interrogations were coercive.
Correct   
 A. True
 B. False


Answer Key: False
Question 18 of 20
5.0/ 5.0 Points
The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court.
Correct   
 A. True
 B. False


Answer Key: False
Question 19 of 20
5.0/ 5.0 Points
The Miranda decision required police to give Miranda warnings to suspects whenever they arrest them.
Correct   
 True
 False


Answer Key: False
Question 20 of 20
5.0/ 5.0 Points
The Miranda v. Arizona decision is an attempt to establish a bright line rule to prevent police coercion in custodial interrogation.
Correct
 A. True
 B. False


Answer Key: True

               


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