Deck 8: Motor Vehicle Stops, Searches, and Inventories

Question 1

Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:

A) that the problem of false confessions in not serious
B) most of the false confessions occurred after 2-3 hours of interrogation
C) most of the people who confessed to crimes they did not commit were found not guilty
D) the problem of false confessions may be more serious than previously thought

Answer 1

D

Question 2

What goes on during interrogation:

A) is widely known.
B) occurs in private and hence is not widely known.
C) cannot be secret because the law requires its publication.
D) police readily reveal to their superiors and to courts.

Answer 2

B

Question 3

According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to a rape following police interrogation, which of the following is true?
I) Modern interrogation procedures are psychologically oriented.
II) There were gaps in knowing what actually occurred in interrogation rooms.
III) Displayed confidence in the suspect's guilt is an important tool for the interrogator.
IV) Custodial interrogation takes a toll on the weaknesses of individuals.

A) I, II, III, IV
B) I, III, IV
C) II, IV
D) III, IV

Answer 3

A

Question 4

When a suspect asks for an attorney during custodial interrogation:

A) police can continue questioning while an attorney is summoned.
B) police can resume questioning after an attorney has been provided.
C) police must stop questioning until an attorney is present or the suspect initiates
Further conversation with them.
D) police can never question the suspect again without an attorney being present.

Question 5

The rights concerning self-incrimination announced by the Supreme Court in Miranda v. Arizona must be given to a suspect when:
I) he or she is first subjected to police interrogation.
II) he or she is first subjected to police interrogation while in custody at the station.
III) he or she is first subjected to police interrogation while deprived of her freedom of action in any significant way.
IV) he or she is first taken into custody or deprived of her freedom of action in any
Significant way.

A) I, II, III, IV
B) I, II, III
C) II, III
D) III

Question 6

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

A) Magna Carta.
B) laws of Moses embodied in the Talmudic law.
C) Articles of Confederation preceding the adoption of the United States Constitution.
D) Preamble of the Stamp Act.

Question 7

Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:

A) they believe police do not engage in high pressure interrogation
B) they believe that being charged with a crime probably means the defendant is guilty
C) of fundamental attribution error
D) they believe high pressure interrogation is the best way to get suspects to confess

Question 8

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

A) I, II, III, IV
B) I, II, III
C) I, II, IV
D) I, II

Question 9

The constitutional bases for the law of confessions include:
I) due process clause of the Fourteenth Amendment.
II) Sixth Amendment right-to-counsel.
III) Eighth Amendment right against cruel and unusual punishment.
IV) Fifth Amendment right against self incrimination.

A) I, II, III, IV
B) I, II, III
C) I, II, IV
D) IV

Question 10

Which of these rationales has the Supreme Court used in reviewing state confessions?
I) the unreliability of coerced confessions
II) the state's rights doctrine
III) the accusatorial system rationale
IV) the free will rationale

A) I, II, III, IV
B) I, II, III
C) II, IV
D) I, III, IV

Question 11

Which of the following types of police questioning are excluded from the Miranda requirements?
I) questioning at the scene of a crime
II) volunteered statements of any kind
III) questioning of individuals in the fact-finding process
IV) questioning that is part of an investigatory stop

A) I, II, III, IV
B) I, II, III
C) I, II
D) II

Question 12

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.

A) I, II, III
B) I, III
C) II, III, IV
D) I, II, III, IV

Question 13

According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to rape following police interrogation:

A) the Fifth Amendment protects suspects during custodial police interrogation.
B) the Sixth Amendment protects suspects from all questioning by police.
C) the Fifth Amendment only protects suspects from questioning in police stations.
D) warnings are required whenever police question citizens.

Question 14

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

A) recognized a misdemeanor offense exception to Miranda.
B) said all motorists must be Mirandized when stopped.
C) said a motorist never has to be given Miranda.
D) said a routine traffic stop was not custody for purposes of Miranda.

Question 15

Under the accusatorial system rationale, forced confessions violate due process, even if they are true, because:

A) forced confessions should be conclusively assumed to be unreliable.
B) they violate the Eight Amendment prohibition against cruel and unusual punishment.
C) under our system the state has the burden of proving guilt.
D) all of the above.

Question 16

In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture of three black suspects to obtain a confession:
I) the Supreme Court declined to review a confession case from a state court.
II) the Supreme Court specifically relied upon the Fifth Amendment self incrimination clause.
III) the Supreme Court relied upon the Fourteenth Amendment due process clause.
IV) the Supreme Court held that forced confessions were not admissible as evidence.

A) I, II, IV
B) III, IV
C) II, III, IV
D) IV

Question 17

The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:

A) Miranda v. Arizona.
B) Escobedo v. Illinois.
C) Brown v. Mississippi.
D) Lisenba v. California.

Question 18

According to the Supreme Court in Miranda v. Arizona, when must the police stop an interrogation?
I) when the suspect indicates doubt about the crime and the circumstances
II) when the suspect requests an attorney
III) when the suspect indicates, in any manner, that they wish to remain silent
IV) when the suspect requests to see their spouse

A) I, II, III, IV
B) I, II, III
C) I, III
D) II, III

Question 19

In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:

A) the needs of law enforcement and the privacy and liberty interests of individual citizens.
B) the need to have standard procedures for investigating crimes
C) the interests of crime victims
D) the need to make an expeditious arrest

Question 20

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

A) Modern advances in the technology of crime detection make interrogation
Unnecessary.
B) Where innocent human witnesses cannot be found, nothing remains but
Interrogation to get information from guilty persons.
C) Substantial restrictions on the ability of the police to interrogate suspects should
Have no effect on the ability of police to investigate crime.
D) All empirical studies of the importance of confessions in solving crimes are
Untrustworthy.

Question 21

The Fifth Amendment approach to confession applies:

A) after grand jury indictment.
B) after formal charges are filed against a person.
C) whenever a person is questioned by police about a crime.
D) only when the person being questioned is in custody.

Question 22

According to research by sociologist Richard Leo, most police interrogations were coercive.

Question 23

According to confessions and interrogation expert Professor Fred Inbau, police can solve many cases only if guilty persons confess.

Question 24

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:

A) Connelly's confession was not voluntary because of his mental illness.
B) Connelly's confession was not voluntary because he had limited free will.
C) Connelly's confession was voluntary because it was not compelled.
D) Connelly's confession is admissible if his psychiatrist testifies he was aware that he was confessing to the police.

Question 25

In Orozco v. Texas (1969), four police officers arrested and talked with the defendant at 4
A) was not custodial, but was interrogation.

A)m. in his bedroom. The Supreme Court ruled that this conversation:
B) was not interrogation, but was custodial.
C) was neither custodial nor interrogation.
D) was both custodial and interrogation.

Question 26

The right to remain silent is an ancient right.

Question 27

In North Carolina v. Butler, the U.S. Supreme Court found that:

A) express waiver of Miranda rights is required.
B) silence after Miranda is considered a valid waiver.
C) express waivers of Miranda rights are not required.
D) written waivers should always be obtained when possible.

Question 28

The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Sixth Amendment right to counsel?

A) did the police deliberately try to elicit a response
B) did the police directly ask the suspect a question
C) did the police use words or actions that that they knew would be likely to
Elicit a response from the suspect.
D) did the police use force while questioning the suspect

Question 29

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

Question 30

According to the Supreme Court opinion in New York v. Quarles, involving a confession without Miranda warnings following an armed rape of a young woman:
I) there is a public safety exception to the requirement that police give Miranda warnings.
II) the availability of the public safety exception does not depend on the motivation of the individual officers involved.
III) the public safety exception weakens the clarity of the Miranda rule.
IV) the need for answers to questions in a situation posing a threat to public safety outweighs the need for the rule protecting the privilege against self-incrimination.

A) I, II, III, IV
B) I, IV
C) I, II, IV
D) III

Question 31

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

A) found that a misdemeanor exception to Miranda would pose too many administrative problems for courts and police.
B) found that all stopped motorists should be given Miranda.
C) found that the motorist should have been Mirandized when the police officer decided that the driver was eventually going to be arrested.
D) found that a misdemeanor exception to Miranda should be recognized.

Question 32

In applying the definition of custodial interrogation to actual cases, which of the following circumstances are relevant to determining if a suspect is in custody?
I) whether officers had probable cause to arrest
II) whether the investigation had focused on the suspect at the time
III) the officers' language in summoning suspects
IV) the physical surroundings of the interrogation

A) I, II, III, IV
B) I, II, IV
C) II, III, IV
D) II, IV

Question 33

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

A) I, II, III, IV
B) I, III, IV
C) I, II, IV
D) II, III, IV

Question 34

Before formal proceedings begin, the __________ Amendment gives police more flexibility in interrogating suspects.

A) Sixth
B) Fifth
C) Fourteenth
D) Eighth

Question 35

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

Question 36

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.

A) I, II, III, IV
B) I, III, IV
C) III, IV
D) I

Question 37

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?

A) did the police deliberately tried to elicit a response
B) did the police directly asked the suspect a question
C) did the police use words or actions that that they knew would be likely to
Elicit a response from the suspect.
D) did the police use force while questioning the suspect

Question 38

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

A) questioners often coerce suspects.
B) only one in four suspects invoke their Miranda rights.
C) Miranda has had almost no effect on how police question suspects.
D most interrogation sessions last over an hour.

Question 39

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.

A) I, II
B) I, II, III
C) III, IV
D) II, III

Question 40

Miranda warnings are not required in questioning associated with which of the following situations?
I) traffic violations
II) driver's license checks
III) persons detained during execution of search warrants
IV) persons arrested for misdemeanor violations

A) I, III, IV
B) I, III, IV
C) I, II, III
D) IV

Question 41

The period of criminal process when police shift from a general investigation to building a case against a particular suspect is known as _____________.

Question 42

The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

Question 43

According to the U.S. Supreme Court's decision in Orozco v. Texas, police are not required to give Miranda warnings to any suspect questioned in the suspect's home.

Question 44

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

Question 45

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.

Question 46

The notion that forced confessions violate due process even if they are true is the _______________________________.

Question 47

The "_____________________" test defines police interrogation as any action or words that police should know are reasonably likely to elicit an incriminating response from the suspect.

Question 48

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.

Question 49

Forced confessions are not admissible as evidence at trial because they are not trustworthy describes the .

Question 50

_____________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end them, and come to believe they actually committed the crime.

Question 51

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

Question 52

The right to counsel clause is found in the ___________________.

Question 53

Criminal suspects who want to protect their right to remain silent during custodial interrogation must speak up and unambiguously invoke it.

Question 54

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.

Question 55

The Miranda decision required police to warn suspects whenever they arrest them.

Question 56

According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

Question 57

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.

Question 58

The basic idea behind the due process approach to confessions is ________________.

Question 59

Specifically saying that you give up your rights is called ____________________.

Question 60

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

Question 61

Define "witness against himself," and give examples of what's included and not included within the definition.

Question 62

Identify the three provisions in the U.S. Constitution that govern police interrogations and confessions.

Question 63

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

Question 64

State the reasons for the bright-line rule regarding warnings to suspects adopted in Miranda v. Arizona. Identify two circumstances that have to be present before officers are required to give the Miranda warnings. List three types of questioning when officers do not have to give the Miranda warnings.