Exam 8: Motor Vehicle Stops, Searches, and Inventories

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According to former Supreme Court Justice Felix Frankfurter regarding interrogation and confessions:

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The totality of circumstances in each case has to prove that before suspects talked, they knew they had their miranda rights and they knew they were giving them up in order to 'pass' the test.

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In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

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Which of the following are necessary parts of the Miranda warnings? I. informed of the right to remain silent II. informed of the right to consult an attorney III. informed of the exact nature and seriousness of the crime being investigated IV. informed that an attorney will be provided the suspect if he is indigent and cannot afford an attorney

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In Schmerber v. California, a case involving the compelled extraction of blood from a drunk driving suspect, the U.S. Supreme Court: I. found that compulsion that makes a suspect the source of physical evidence does not violate the Fifth Amendment. II. found that such compelled extractions do not violate the due process clause. III. found the 5th Amendment privilege against self-incrimination only protects someone from being compelled to give evidence of a testimonial nature. IV. found that the Fifth Amendment privilege is fulfilled when a person is guaranteed the right to be silent unless he chooses to speak of his own free will.

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In the Miranda case decided in 1966, the Supreme Court of the United States affirmatively enumerated warnings that must be given by police officers if a suspect is in to be interrogated while in custody.

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The Miranda decision required police to obtain an express waiver of rights before questioning a suspect.

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Which of the following are examples of knowing waivers of a suspect's rights after being read his Miranda rights? I. The suspect invoked his right to counsel, and after a five hour ride in the back of a police car, he signed a waiver when police asked if there was anything he wanted to say. II. The suspect talked to police after he refused to sign an express waiver. III. A disoriented and mentally ill suspect signed a waiver and confessed. IV. A suspect who speaks and understands very little English signs an express Waiver and talks to the police.

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In Colorado v. Connelly (1986), the Supreme Court considered the case of a mentally ill man who walked into a police station and confessed he had murdered a young woman. The Court determined that:

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State the facts and explain the significance of the U.S. Supreme Court case New York v. Quarles.

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The right to remain silent can be traced back in history to the:

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The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Fifth Amendment right guarantee against compelling individuals to be witnesses against themselves?

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During the 30 years from Brown v. Mississippi to Miranda v. Arizona, the U.S. Supreme Court relied on various interpretations of the Fourteenth Amendment due process clause to invalidate as involuntary 40 confessions in state trials.

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Interrogation that takes place after the police take suspects into custody is known as .

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According to the courts, waiver of Fifth Amendment rights: I. requires knowing, intelligent, and voluntary waiver. II. requires a signed statement that the suspect has waived rights. III. can be inferred from suspect making a confession. IV. can be inferred from suspects lack of response to the whether they understood The Miranda warnings.

(Multiple Choice)
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Which of the following reforms have been suggested for police interrogation and confession procedures? I. Reduce the length of time in custody and interrogation II. Eliminate police using false information and misrepresentations during interrogation III. Requiring police to remind suspects of their right to remain silent several times during an interrogation session IV. Video taping interrogations and confessions

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According to the Supreme Court's decision in Miranda v. Arizona, waiver of the Miranda rights may be presumed either by silence following warnings or from an eventual confession.

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Sociologist Richard Leo, based on his studies of confessions, concluded that:

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

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Compelled extraction of blood for chemical analysis from a conscious person violates the due process clause

(True/False)
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