Deck 10: The Fifth Amendment: Obtaining Information Legally

Question 1

No Miranda warnings are required if there is no seizure of the person, as long as the police do not:

A) convey the message that compliance is required.
B) secretly intend to arrest the person at a later time.
C) ask the person any incriminating questions.
D) let the person voluntarily come to the police station.

Answer 1

A

Question 2

Which of the following is not a part of the Miranda warnings?

A) You have the right to remain silent.
B) If you cannot afford a lawyer, one will be appointed for you without cost.
C) You may stop answering questions any time you choose.
D) Anything you say can and will be used against you in court.

Answer 2

C

Question 3

The due process voluntariness test is "whether the totality of the circumstances that preceded the confession deprived the defendant of his":

A) reasonable expectation of privacy.
B) power of resistance.
C) self-incrimination rights.
D) determination to remain silent.

Answer 3

B

Question 4

The U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects in:

A) Escobedo v. Illinois.
B) Miranda v. Arizona.
C) Dickerson v. United States.
D) Fikes v. Alabama.

Question 5

Although the Fifth Amendment specifically mentions the "due process" of law, which of the following Amendments also deals with due process?

A) the Sixth Amendment
B) the Eighth Amendment
C) the Fourteenth Amendment
D) the Seventeenth Amendment

Question 6

The conception and planning of an offense by an officer, and the officer's procurement of its commission by a person who would not have perpetrated the offense except for the trickery, persuasion, or fraud of the officer, is:

A) ensnarement.
B) entrapment.
C) framing.
D) trepidation.

Question 7

For a confession to be admissible, it must be:

A) voluntary.
B) true.
C) independently corroborated.
D) in writing.

Question 8

Which of the following statements by a suspect would probably constitute an invocation of Miranda rights?

A) "I think I may have said too much."
B) "If I don't like your questions, it's lawyer time."
C) "I'll talk, but I'm not signing that waiver form."
D) "I'm done talking to you."

Question 9

You are the on-duty desk sergeant at the local police station. A man walks in and says, "I killed someone and want to confess." You grab your digital voice recorder and direct the man to a chair. He sits down and tells the tale of what turns out to be a first-degree murder. You record every word, including the numerous instances in which you said, "Uh- huh" and "I see." Satisfied that the subject did, indeed, commit a murder, you place him under arrest. The confession is:

A) inadmissible, because recording it was a violation of the man's reasonable expectation of privacy.
B) inadmissible, because the man was in a coercive environment and was, therefore, in custody for purposes of Miranda, and the encouragement to continue was interrogation.
C) admissible under the public safety exception to Miranda, because the man was a danger to police officers and the public.
D) admissible as a voluntary statement, because the subject was neither in custody nor interrogated for purposes of Miranda.

Question 10

The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and confessions that are otherwise coerced for all of the following reasons, except:

A) they are inherently unreliable.
B) to do otherwise would be a violation of due process.
C) for a need to hold government accountable by holding such confessions inadmissible.
D) the concern for public safety is not a Fifth Amendment issue.

Question 11

Police actions that would "shock the conscience" were found to violate due process in:

A) Miranda v. Arizona.
B) Rochin v. California.
C) In re Gault.
D) Katz v. United States.

Question 12

The first confession case decided by the Supreme Court was:

A) Miranda v. Arizona.
B) In re Gault.
C) New York v. Quarles.
D) Brown v. Mississippi.

Question 13

The Supreme Court effectively set an expiration date on the right to counsel invocation by announcing a new 14-day break in custody rule in:

A) Edwards v. Arizona.
B) Burton v. South Carolina.
C) United States v. Dunn.
D) Maryland v. Shatzer.

Question 14

The Miranda warnings must be given to a suspect who is interrogated in police custody, which is defined as the suspect:

A) being under investigation.
B) facing criminal charges.
C) not being free to leave.
D) being reasonably free to leave.

Question 15

The USA PATRIOT Act improves counter-terrorism efforts through all of the following, except:

A) allowing investigators to use tools already available to investigate organized crime and drug trafficking.
B) facilitating information sharing and cooperation among government agencies.
C) increasing penalties for those who support or commit organized crime.
D) updating the law to reflect new technologies and new threats.

Question 16

The precedent case for analyzing confession issues is:

A) Terry v. Ohio.
B) Miranda v. Arizona.
C) Escobedo v. Illinois.
D) Massiah v. United States.

Question 17

It is not unconstitutional to obtain a confession by:

A) deprivation of food, drink, or sleep.
B) psychological means.
C) trickery and deceit.
D) threats, but not acts, of violence.

Question 18

At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control and Safe Streets Act of 1968, which stated that the admissibility of statements should turn only on whether they were voluntarily made, not only on whether:

A) coercive tactics were used.
B) the Miranda warnings had been given.
C) custodial interrogation had occurred.
D) the statement was made without an attorney present.

Question 19

The Miranda warnings must be given:

A) immediately upon arresting an individual.
B) only to those suspects interrogated in the custody of police.
C) to all witnesses who may be called upon to testify in court.
D) to anyone being interrogated by the police.

Question 20

The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are violations of constitutionally protected due process rights in:

A) Brown v. Mississippi.
B) Fikes v. Alabama.
C) Katz v. United States.
D) Dickerson v. United States.

Question 21

The Supreme Court has never held that the Miranda warnings are required simply because a person is in custody or simply because a person not in custody is interrogated.

Question 22

Pennsylvania v. Muniz (1990) established that if police ask routine questions of individuals suspected of driving under the influence of alcohol or drugs and ask them to perform certain tests, police must first read them the Miranda warnings.

Question 23

Some major differences between a grand jury and a trial jury are that proceedings are not open to the public and that control appears to be maintained by the:

A) defense attorney.
B) judge.
C) prosecutor.
D) sheriff.

Question 24

Under this power, the government can bring a condemnation action against a property and pay the owner fair compensation. It is, in essence, a forced sale of the property to the government.

A) just compensation
B) renowned ownership
C) eminent domain
D) distinguished purview

Question 25

Unless an individual has been formally granted immunity or there are other extraordinary
circumstances, no one has to answer police questions that call for incriminating information.

Question 26

At any time during questioning, the defendant may choose to exercise or invoke the right to remain silent.

Question 27

In Haynes v. Washington (1963), the Supreme Court held that the Fourteenth Amendment due process voluntariness test required examining the totality of the circumstances surrounding each confession.

Question 28

It is critical to understand that the Fifth Amendment protects against testimonial evidence, not
physical evidence.

Question 29

If an officer does not recite the Miranda warnings exactly as set forth by the Court in the Miranda
decision, they are invalid and any statements made by the suspect must be suppressed.

Question 30

Patterson v. Illinois (1988) established that a waiver includes waiving both the right against self-incrimination and the right to counsel.

Question 31

An arrested person is in custody and must be given the Miranda warnings if he or she is to be questioned by police.

Question 32

Withholding the Miranda warnings until after a confession is obtained and then giving Miranda to re-ask the question has been found by the Supreme Court to be improper.

Question 33

The first confession case decided by the Supreme Court was Fikes v. Alabama (1957).

Question 34

Like many other aspects of U.S. law, the concept of a grand jury has a rich history, deriving its name from the French word that means:

A) misgiving.
B) significant.
C) large.
D) grandiose.

Question 35

Which of the following is not guaranteed or prohibited by the Fifth Amendment?

A) the right against self-incrimination
B) trial by jury
C) double jeopardy
D) just compensation

Question 36

There are two ways to evaluate a confession's constitutionality: under the due process voluntariness standard and under Miranda.

Question 37

The only unincorporated right guaranteed by the Fifth Amendment is the right to:

A) be a witness against oneself.
B) a grand jury indictment.
C) due process of law.
D) just compensation when government takes private property

Question 38

The legal issue in Miranda was whether the police must inform a suspect who is the subject of custodial interrogation of his or her constitutional rights concerning self-incrimination and counsel before questioning.

Question 39

As long as a statement is voluntary, it may be used to impeach the credibility of the defendant and can be used as evidence.

Question 40

Because the Fifth Amendment guarantees apply only to testimonial evidence, the Miranda warnings are not required before collecting nontestimonial evidence (such as fingerprints, blood, or urine).

Question 41

A person must explicitly _______, or unambiguously assert, his or her right to silence in the face of voluntary police questioning for that right to be enforced, according to the Supreme Court's decision in Salinas v. Texas (2013).

Question 42

Arizona v. Fulminante (1991) established that cases involving the admissibility of involuntary confessions could apply the ___________________.

Question 43

_________________________ is the unconstitutional approach of purposely withholding the
Miranda warnings until after a confession is obtained and then giving Miranda to re-ask the question.

Question 44

A _____________ is a group of citizens who determine whether sufficient evidence exists to send an accused person to trial.

Question 45

The Double Jeopardy Clause has been incorporated into the Fourteenth Amendment's Due Process Clause and, thus, applies to the states.

Question 46

The purposeful and voluntary giving up of a known right is referred to as a _________________.

Question 47

The act of accusing, implicating, or identifying someone as having been involved in a crime or other wrongdoing is known as _________________.

Question 48

________________ are statements from people who claim responsibility for crimes they did not commit, without prompting from police.

Question 49

The _______________________ allows officers to question suspects without first giving the Miranda warnings, if the information sought sufficiently affects officers' and citizens' safety.

Question 50

The formal accusation of a defendant, usually by a grand jury, that sends the defendant on to trial for prosecution is known as a(n) ___________________.

Question 51

The prohibition against ___________________ prevents the government from trying someone twice in the same jurisdiction for the same offense.

Question 52

The Court set forth the definition of an ________________ as the formal, systemic, express questioning by law enforcement of a person suspected of criminal activity, as well as the functional equivalent of express questioning.

Question 53

If an officer forgets to read you Miranda, you cannot be charged and you are free.

Question 54

_______________________ is the questioning of a person by law enforcement officers after the person has been taken into custody or otherwise deprived of freedom of action in any significant way.

Question 55

________________ is "an action by the police (or a government agent) persuading a person to commit a crime that the person would not otherwise have committed."

Question 56

The 1950s and 1960s have been called the era of the ____________ in the United States because, during that time, public sentiment demanded that government be held accountable and that the rights under the Constitution be applied equally to all.

Question 57

If a private person, not connected to law enforcement, coerces somebody to commit a crime, a defense of entrapment may not be used.

Question 58

In_____________________, the Court ruled that a Miranda violation does not require the suppression of the "physical fruits" of the statement, only the non-use of the actual statement.

Question 59

Private security personnel are not bound by constitutional restraints and, thus, are not required to advise suspects of their Miranda rights.

Question 60

The USA PATRIOT Act significantly improves the nation's counter-terrorism in many ways, but it is extremely vague and hinders investigators in using the tools already available to investigate organized crime and drug trafficking.

Question 61

Explain the public safety exception to the Miranda warnings using case law.

Question 62

You are interviewing the prime suspect in a serious case, and you know that his attorney is waiting to see him outside the interrogation room. The suspect has been advised of his rights, but has not chosen to invoke his right to an attorney. Under current law, you are not required to inform him that his attorney is present outside. Do you think this is a violation of the spirit of Miranda? Why or why not?

Question 63

You are a police officer trying to find a kidnap victim, who has a health problem that requires medical treatment in the next six hours for him to survive. You have located an individual who has admitted to the kidnapping but refuses to provide further information. Your partner says that you should leave the interview room, and he will "encourage" the suspect to talk. You know that your partner is trying to protect you from an allegation of violating the suspect's rights by using force and threats to compel the information from the suspect. You also know that without this action you will likely not find the kidnap victim in time. What do you do? Does your course of action conform with the law? Why or why not?

Question 64

You are a police detective and, though you lack probable cause, you are convinced that Amy Able is the mastermind behind a series of art thefts in the north end of town. You believe that Amy plans the thefts, hires local thieves, and then sells the artwork overseas. You know that her usual thief has been arrested on an unrelated charge, so you decide to arrange a meeting between Amy Able and a confidential informant (CI) with a history of petty theft. At the meeting, your CI is wearing a wire to tape the conversations. During the meeting, Amy is reluctant to go ahead with more thefts, because she tells your CI that she is "out of the business" and wants to retire. At this point, your listening device malfunctions, but your CI later tells you he convinced Amy by threatening to go to the police and ruining her reputation as an art dealer. Amy reluctantly agrees to plan the heist and, several days later, meets with your CI to go over the details. At this point, you know that she has committed sufficient acts under local law to be guilty of conspiracy to commit theft, and you can arrest her. You give the DA the transcript of the conversations recorded by the wire, and the DA says it is a "slam dunk." What legal issues, if any, are raised by the facts? What should you do, if anything, as the detective on this case?

Question 65

You have brought a suspect in a serious crime to the police station. So far, he has been silent. You read him his Miranda rights when you handcuffed him, and you also made him sign a written version of the rights while he was sitting at the interrogation table. You ask him again if he would like to talk about what happened and, this time, he says, "You know, I am very hungry and my blood sugar is starting to cause me some problems. Could you please give me some food, you lousy cop?" Angry, you leave the interrogation room for 20 minutes to fill out paperwork and let the suspect consider the situation. When you return, the suspect is even more agitated-demanding food, using profanity, and insulting you and your family. What should you do? What are the legal ramifications of your action or inaction?

Question 66

Describe at least eight instances in which Miranda need not be given.

Question 67

Explain the significance of the terms "eminent domain" and "just compensation."

Question 68

Under _______________, the government has the power to take private property for public use, with the owner being paid just compensation for the property.

Question 69

A trial jury most often comprises 12 jurors, whereas grand juries usually have 16 to _____________ jurors.

Question 70

Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.

Question 71

The Courts have consistently rejected just compensation arguments for inmates, on grounds of the Fifth, Thirteenth, and _________________ Amendments.

Question 72

The requirement of __________________ states that property owners must be paid fair market value by the government when the government takes their property.

Question 73

Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's counter-terrorism efforts.

Question 74

You are the senior detective in a major metropolitan police department. One of the junior detectives has come to you to announce that there has been a break in a case involving an aggravated assault. A young woman has confessed to using a hammer on her former boyfriend. Even though no hammer was found at the scene and the injuries may not have been caused by a hammer, it appears that the case has been solved. When you see the suspect led away from the interrogation room in handcuffs, you hear her talk about "the judgment of the elves" coming down on her and that she needs to be "beamed up to the starship." The other detectives laugh about this, but what, if anything, should you do now?

Question 75

On October 26, 2001, just 45 days after the horrific September 11 attacks, President George W. Bush signed the ________________________ into law.