Deck 13: Civil Liberties in the Criminal Justice System

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Question
Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?

A) The right to counsel
B) The right to a trial by jury in felony cases
C) The right to a grand jury indictment
D) The right against double jeopardy
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Question
The right to a fair trial in federal cases stems from what constitutional source?

A) The Fourth Amendment Speedy Trial Clause
B) The Sixth Amendment Fair Trial Clause
C) The Fifth Amendment Just Hearing Clause
D) The Fifth Amendment Due Process Clause
Question
Under most domestic search warrants what legal standard must be established before a warrant will be issued?

A) Certiorari
B) Reasonable cause
C) Reasonable suspicion
D) Probable cause
Question
The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:

A) Gideon v. Wainwright.
B) Batson v. Kentucky.
C) Brady v. Maryland.
D) Santobello v. New York.
Question
An arrest must be based on evidence that would constitute:

A) suspicion.
B) probable cause.
C) proof beyond a reasonable doubt.
D) clear and convincing evidence.
Question
A "Terry search" is another name for a(n) ________, for which the police officer must have ________.

A) sneak and peek search/probable cause
B) stop and frisk search/reasonable suspicion
C) sneak and peek search/reasonable suspicion
D) stop and frisk search/probable cause
Question
Determining whether an officer has probable cause to effectuate an arrest is based on ________.

A) the totality of the circumstances
B) the Terry rule
C) the "reasonable officer" standard
D) the "reasonable suspect" standard
Question
Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ________.

A) be a legal U.S. citizen
B) be a legal U.S. resident
C) have a reasonable expectation of privacy
D) not be guilty of a crime
Question
In order for a warrantless consent search to be valid, the consent must be given ________.

A) knowingly, intelligently, and voluntarily
B) knowingly, rationally, and peacefully
C) in writing
D) verbally or in writing
Question
Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following EXCEPT:

A) Suzie's pant pockets.
B) under the couch.
C) in the couch under the cushions.
D) the coat closet in the adjacent hallway.
Question
Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be:

A) admissible if it was immediately apparent as contraband.
B) admissible only if the police found cocaine too.
C) admissible, but only if Mary gave consent to the search of the closet.
D) inadmissible, as the gun was not listed on the search warrant.
Question
Miranda requirements apply during:

A) investigatory stops.
B) custodial interrogations.
C) automobile searches.
D) stop and frisks.
Question
Under the fifth and/or sixth amendment, a person has the right to counsel during each of the following stages EXCEPT:

A) guilty pleas and sentencing.
B) appeals as a matter of right.
C) misdemeanor trials when imprisonment is actually imposed.
D) appeals to the Supreme Court.
Question
In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire.

A) Furman v. Georgia
B) Batson v. Kentucky
C) Gregg v. Georgia
D) Booth v. Maryland
Question
Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures?

A) Serious offense
B) Plain feel
C) Plain view
D) Exigent circumstances
Question
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?

A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges
Question
When does jeopardy attach during a jury trial?

A) When the jury is sworn in
B) When the first witness is sworn in
C) When the jury reaches its verdict
D) When the jury begins its deliberations
Question
The constitutional provision against cruel and unusual punishment is found in the ________ amendment.

A) First
B) Fourth
C) Fifth
D) Eighth
Question
Each of the following is prohibited as cruel and unusual punishment EXCEPT:

A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
Question
The exclusionary rule is a judicially created remedy for violations of the Fourth, Fifth, or Sixth Amendment, which is used to exclude unconstitutionally obtained evidence from a criminal trial.
Question
No exceptions to the exclusionary rule exist.
Question
Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot.
Question
Seizure of a person occurs when law enforcement officer uses force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave the presence of the official.
Question
Totality of the circumstances is a legal standard used to review arrests and seizures of persons and property to determine whether probable cause or reasonable suspicion exists.
Question
Probable cause is a legal standard requiring the officer to have sufficient and trustworthy information to reasonably believe that a person has committed a crime.
Question
A search warrant is required for all searches inside a person's home.
Question
In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's cell phone after the suspect is arrested.
Question
Miranda warnings are required once it is determined that police are engaging in a custodial interrogation.
Question
Miranda warnings are designed to ensure that prior to police questioning, individuals are informed of two basic rights under the Constitution-the right to be silent and the right to an attorney.
Question
The Sixth Amendment right to counsel applies to both criminal cases and civil cases.
Question
The Sixth Amendment right to counsel, like other constitutional rights, can be waived.
Question
In Gideon v. Wainwright (1963), the U.S. Supreme Court ruled that a defendant had a constitutional right to an attorney during state criminal proceedings and that if he could not afford an attorney, the state was required to appoint one.
Question
A person may be tried multiple times if the prior trial ended in a mistrial where the prosecution did not intentionally seek to cause the mistrial.
Question
The proportionality doctrine is a legal doctrine under the Cruel and Unusual Punishment Clause that requires criminal punishment to be proportional to the crime committed.
Question
The ________ rule became applicable to state agents based on the U.S. Supreme Court case Mapp v. Ohio (1962).
Question
A Terry Stop is also known as a stop and ________ where a policy officer can conduct an investigatory stop where the officer has reasonable suspicion that the person is armed.
Question
A written statement made under oath, typically completed by a police officer when seeking a search warrant, is known as a(n) ________.
Question
The plain ________ doctrine is an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity.
Question
The Fifth Amendment right against self-incrimination applies to testimony or statements, not to ________ evidence.
Question
The right against self-incrimination under the ________ Amendment is bolstered by additional protections under the Due Process Clauses of the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to counsel.
Question
The Sixth Amendment right to counsel applies only to ________ stages of the prosecution
Question
The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must be at least ________ jurors to decide a case.
Question
The dual ________ doctrine is a legal theory associated with the Double Jeopardy Clause that provides that federal and state governments may try a person for the same act.
Question
Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty does not inherently violate the ________ Amendment prohibition against cruel and unusual punishment.
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-automobile exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-evanescent evidence exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-public safety exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain-feel exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-open fields doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-protective sweep

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-consent searches

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-exigent circumstances exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-hot-pursuit rule

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain view doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
Question
What is a Terry stop?
Question
What is the definition of probable cause?
Question
What is the automobile exception to the warrant requirement under the Fourth Amendment?
Question
What is the purpose of the Miranda warnings?
Question
What are the "critical stages"
of criminal procedure where the right to counsel exists?
Question
Discuss whether the warrantless tracking of an individual through the use of real-time cell phone site location information is a violation of the individual's rights under the Fourth Amendment.
Question
Which constitutional right afforded to criminal suspects under the Fifth or Sixth Amendment is the most important to you personally? Explain your position.
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Deck 13: Civil Liberties in the Criminal Justice System
1
Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?

A) The right to counsel
B) The right to a trial by jury in felony cases
C) The right to a grand jury indictment
D) The right against double jeopardy
The right to a grand jury indictment
2
The right to a fair trial in federal cases stems from what constitutional source?

A) The Fourth Amendment Speedy Trial Clause
B) The Sixth Amendment Fair Trial Clause
C) The Fifth Amendment Just Hearing Clause
D) The Fifth Amendment Due Process Clause
The Fifth Amendment Due Process Clause
3
Under most domestic search warrants what legal standard must be established before a warrant will be issued?

A) Certiorari
B) Reasonable cause
C) Reasonable suspicion
D) Probable cause
Probable cause
4
The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:

A) Gideon v. Wainwright.
B) Batson v. Kentucky.
C) Brady v. Maryland.
D) Santobello v. New York.
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5
An arrest must be based on evidence that would constitute:

A) suspicion.
B) probable cause.
C) proof beyond a reasonable doubt.
D) clear and convincing evidence.
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6
A "Terry search" is another name for a(n) ________, for which the police officer must have ________.

A) sneak and peek search/probable cause
B) stop and frisk search/reasonable suspicion
C) sneak and peek search/reasonable suspicion
D) stop and frisk search/probable cause
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7
Determining whether an officer has probable cause to effectuate an arrest is based on ________.

A) the totality of the circumstances
B) the Terry rule
C) the "reasonable officer" standard
D) the "reasonable suspect" standard
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8
Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ________.

A) be a legal U.S. citizen
B) be a legal U.S. resident
C) have a reasonable expectation of privacy
D) not be guilty of a crime
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9
In order for a warrantless consent search to be valid, the consent must be given ________.

A) knowingly, intelligently, and voluntarily
B) knowingly, rationally, and peacefully
C) in writing
D) verbally or in writing
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10
Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following EXCEPT:

A) Suzie's pant pockets.
B) under the couch.
C) in the couch under the cushions.
D) the coat closet in the adjacent hallway.
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11
Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be:

A) admissible if it was immediately apparent as contraband.
B) admissible only if the police found cocaine too.
C) admissible, but only if Mary gave consent to the search of the closet.
D) inadmissible, as the gun was not listed on the search warrant.
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12
Miranda requirements apply during:

A) investigatory stops.
B) custodial interrogations.
C) automobile searches.
D) stop and frisks.
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13
Under the fifth and/or sixth amendment, a person has the right to counsel during each of the following stages EXCEPT:

A) guilty pleas and sentencing.
B) appeals as a matter of right.
C) misdemeanor trials when imprisonment is actually imposed.
D) appeals to the Supreme Court.
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14
In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire.

A) Furman v. Georgia
B) Batson v. Kentucky
C) Gregg v. Georgia
D) Booth v. Maryland
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15
Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures?

A) Serious offense
B) Plain feel
C) Plain view
D) Exigent circumstances
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16
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?

A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges
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17
When does jeopardy attach during a jury trial?

A) When the jury is sworn in
B) When the first witness is sworn in
C) When the jury reaches its verdict
D) When the jury begins its deliberations
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18
The constitutional provision against cruel and unusual punishment is found in the ________ amendment.

A) First
B) Fourth
C) Fifth
D) Eighth
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19
Each of the following is prohibited as cruel and unusual punishment EXCEPT:

A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
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20
The exclusionary rule is a judicially created remedy for violations of the Fourth, Fifth, or Sixth Amendment, which is used to exclude unconstitutionally obtained evidence from a criminal trial.
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21
No exceptions to the exclusionary rule exist.
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22
Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot.
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23
Seizure of a person occurs when law enforcement officer uses force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave the presence of the official.
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24
Totality of the circumstances is a legal standard used to review arrests and seizures of persons and property to determine whether probable cause or reasonable suspicion exists.
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25
Probable cause is a legal standard requiring the officer to have sufficient and trustworthy information to reasonably believe that a person has committed a crime.
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26
A search warrant is required for all searches inside a person's home.
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27
In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's cell phone after the suspect is arrested.
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28
Miranda warnings are required once it is determined that police are engaging in a custodial interrogation.
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29
Miranda warnings are designed to ensure that prior to police questioning, individuals are informed of two basic rights under the Constitution-the right to be silent and the right to an attorney.
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30
The Sixth Amendment right to counsel applies to both criminal cases and civil cases.
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31
The Sixth Amendment right to counsel, like other constitutional rights, can be waived.
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32
In Gideon v. Wainwright (1963), the U.S. Supreme Court ruled that a defendant had a constitutional right to an attorney during state criminal proceedings and that if he could not afford an attorney, the state was required to appoint one.
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33
A person may be tried multiple times if the prior trial ended in a mistrial where the prosecution did not intentionally seek to cause the mistrial.
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34
The proportionality doctrine is a legal doctrine under the Cruel and Unusual Punishment Clause that requires criminal punishment to be proportional to the crime committed.
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35
The ________ rule became applicable to state agents based on the U.S. Supreme Court case Mapp v. Ohio (1962).
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36
A Terry Stop is also known as a stop and ________ where a policy officer can conduct an investigatory stop where the officer has reasonable suspicion that the person is armed.
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37
A written statement made under oath, typically completed by a police officer when seeking a search warrant, is known as a(n) ________.
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38
The plain ________ doctrine is an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity.
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39
The Fifth Amendment right against self-incrimination applies to testimony or statements, not to ________ evidence.
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40
The right against self-incrimination under the ________ Amendment is bolstered by additional protections under the Due Process Clauses of the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to counsel.
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41
The Sixth Amendment right to counsel applies only to ________ stages of the prosecution
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42
The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must be at least ________ jurors to decide a case.
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43
The dual ________ doctrine is a legal theory associated with the Double Jeopardy Clause that provides that federal and state governments may try a person for the same act.
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44
Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty does not inherently violate the ________ Amendment prohibition against cruel and unusual punishment.
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45
Match the exception to the Fourth Amendment warrant requirement to its description .

-automobile exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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46
Match the exception to the Fourth Amendment warrant requirement to its description .

-evanescent evidence exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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47
Match the exception to the Fourth Amendment warrant requirement to its description .

-public safety exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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48
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain-feel exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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49
Match the exception to the Fourth Amendment warrant requirement to its description .

-open fields doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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50
Match the exception to the Fourth Amendment warrant requirement to its description .

-protective sweep

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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51
Match the exception to the Fourth Amendment warrant requirement to its description .

-consent searches

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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52
Match the exception to the Fourth Amendment warrant requirement to its description .

-exigent circumstances exception

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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53
Match the exception to the Fourth Amendment warrant requirement to its description .

-hot-pursuit rule

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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54
Match the exception to the Fourth Amendment warrant requirement to its description .

-plain view doctrine

A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated
1) automobile exception
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55
What is a Terry stop?
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56
What is the definition of probable cause?
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57
What is the automobile exception to the warrant requirement under the Fourth Amendment?
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58
What is the purpose of the Miranda warnings?
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59
What are the "critical stages"
of criminal procedure where the right to counsel exists?
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60
Discuss whether the warrantless tracking of an individual through the use of real-time cell phone site location information is a violation of the individual's rights under the Fourth Amendment.
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61
Which constitutional right afforded to criminal suspects under the Fifth or Sixth Amendment is the most important to you personally? Explain your position.
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