Question 1

What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant?

Accepted Answer

A)   the informant's name and address
B)   other evidence corroborating the informant's information
C)   nothing, since magistrates tend to take the police at their word when issuing search warrants
D)   whether the officers have used the informant in the past, and whether the informant's information has been reliable
E)   B and D E

Question 2

Officers must quickly obtain a search warrant to obtain evanescent evidence.

Accepted Answer

A) True 
 B)False  False

Question 3

Explain the protections from Double Jeopardy and give examples.

Accepted Answer

Under the Fifth Amendment's protection from double jeopardy, a person cannot be tried twice for the same act. "All the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction" must be tried at the same time.However, there are some exceptions. The government can retry the case when the jury is deadlocked and cannot render a verdict; an appellate court orders a retrial because of an error in an earlier trial; and occasionally when state and federal crimes were committed. Only in cases that would create a manifest injustice if the defendant were allowed to go free does the federal government prosecute an individual who has already been tried and convicted or acquitted of an act that is a state crime and a federal crime. Additionally, when a defendant originally sentenced to life in prison wins a new trial on appeal, prosecutors may seek the death penalty during the second trail.

Question 4

The rule that a person cannot be charged a crime that became a crime after he committed the act made illegal is _____________.

Accepted Answer

The answer of The rule that a person cannot be...

Question 5

A presumption that can be overcome by presenting evidence to the contrary is a___________________ presumption.

Accepted Answer

The answer of A presumption that can be overcome by...

Question 6

MATCHING
-Evanescent evidence

Accepted Answer

A)   Evidence that will change or evaporate in a manner that will destroy its evidentiary value.
B)   An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.
C)   The act of admitting guilt to a crime.
D)   The 'fruit of the poisonous tree' doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.
E)   Situations that require urgent action, sufficient to excuse delay to get a warrant.F)  The act of giving testimony against one's penal interest.G)  The right not to testify against their own interests when accused of a crime.H)  Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.I)  Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.J)  A presumption that can be overcome by presenting evidence to the contrary

Question 7

A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges?

Accepted Answer

A)   No. Doing so would violate the Constitution's ban on double jeopardy.
B)   No. Doing so would constitute a Bill of Attainder.
C)   Yes. Jeopardy does not attach until a jury or judge acquits the defendant.
D)   No. The evidence from the trial would now be excluded under the exclusionary rule.
E)   Yes, but the charges must be filed at the federal level.

Question 8

Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is NOT true?

Accepted Answer

A)   Only in cases that would create a manifest injustice if the defendant were allowed to go free, does the federal government prosecute an individual who has already been tried and convicted or acquitted of an act that is a state crime and also a federal crime.
B)   Defendants can be compelled to provide some forms of physical evidence that can be used against them at trial.
C)   Police who have obtained a valid warrant may search property on tribal lands.
D)   If a search warrant is obtained and used, and later shown to have been flawed in some way, the police may not use the evidence obtained even though they took that evidence in good faith.
E)   To meet Constitutional standards, a search warrant must describe specifically "the place to be searched and the persons or things to be seized."

Question 10

Which of the following is an example of evanescent evidence?

Accepted Answer

A)   a driver's blood alcohol levels
B)   illegal drugs in moving car
C)   drugs in an apartment when police announce themselves and hear flushing sounds
D)   skin under a murder suspect's fingernails
E)   all of the above

Question 11

MATCHING
-Rebuttable presumption

Accepted Answer

A)   Evidence that will change or evaporate in a manner that will destroy its evidentiary value.
B)   An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.
C)   The act of admitting guilt to a crime.
D)   The 'fruit of the poisonous tree' doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.
E)   Situations that require urgent action, sufficient to excuse delay to get a warrant.F)  The act of giving testimony against one's penal interest.G)  The right not to testify against their own interests when accused of a crime.H)  Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.I)  Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.J)  A presumption that can be overcome by presenting evidence to the contrary

Question 12

MATCHING
-Exigent circumstances

Accepted Answer

A)   Evidence that will change or evaporate in a manner that will destroy its evidentiary value.
B)   An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.
C)   The act of admitting guilt to a crime.
D)   The 'fruit of the poisonous tree' doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.
E)   Situations that require urgent action, sufficient to excuse delay to get a warrant.F)  The act of giving testimony against one's penal interest.G)  The right not to testify against their own interests when accused of a crime.H)  Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.I)  Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.J)  A presumption that can be overcome by presenting evidence to the contrary

Question 13

MATCHING
-Consent once removed

Accepted Answer

A)   Evidence that will change or evaporate in a manner that will destroy its evidentiary value.
B)   An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.
C)   The act of admitting guilt to a crime.
D)   The 'fruit of the poisonous tree' doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.
E)   Situations that require urgent action, sufficient to excuse delay to get a warrant.F)  The act of giving testimony against one's penal interest.G)  The right not to testify against their own interests when accused of a crime.H)  Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.I)  Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.J)  A presumption that can be overcome by presenting evidence to the contrary

Question 14

Probable cause is;

Accepted Answer

A)   sufficient evidence that it is more likely than not that the allegations are true, and the standard of proof for conviction in a criminal case.
B)   sufficient evidence that it is very likely that the allegations are true and the standard required for the issuance of a search warrant.
C)   sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard of proof for conviction in a civil case.
D)   sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard required for the issuance of a search warrant.
E)   the general suspicion that we all have about our neighbors.

Question 15

Historically, French control over the lives of the people in the American colonies led to the establishment of Constitutional prohibitions against "unreasonable searches and seizures" and the arrest of citizens except "upon probable cause."

Accepted Answer

A) True 
 B)False

Question 16

If a state changes the interval between parole hearings, it violates the Constitution's prohibition on ex post facto laws.

Accepted Answer

A) True 
 B)False

Question 17

A person is convicted of a crime and appeals. If the Appeals Court agrees with the convicted person, what possible actions could it take?

Accepted Answer

A)   The Appeals Court could order a new trial.
B)   The Appeals Court could order the person released and bar a new trial, because under the circumstances a new trial would constitute double jeopardy.
C)   The Appeals Court always orders a new trial when it agrees with the convict's appeal.
D)   The Appeals Court always orders the person released and bars a new trial when it agrees with the convict's appeal
E)   either A or B

Question 18

A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.

Accepted Answer

A) True 
 B)False

Question 19

Select which of the following is an example of an ex post facto law.

Accepted Answer

A)   Anyone who has ever owned a vehicle that polluted the environment, beginning in 1950 until the current year, will be subject to a $200 fine for each year of vehicle ownership payable to the Environmental Protection Agency. This law shall take effect in three months from the time of passing through both legislative bodies.
B)   Anyone owning a vehicle that pollutes the environment will be subject to three months in prison. This law shall take effect in three months from the time of passing through both legislative bodies.
C)   Anyone who murders another person with malice aforethought will be punished by a fine of $4,000 payable to the nearest family member of the victim. This law shall take effect in three months from the time of passing through both legislative bodies.
D)   Anyone who murders another person with malice aforethought will be punished by four years of imprisonment. This law shall take effect in three months from the time of passing through both legislative bodies.
E)   Anyone who commits three felony violations will be sentenced to lifetime imprisonment, so long as the third felony violation occurred after the time of this bill's passing.

Question 20

A presumption that cannot be disproved regardless of the amount or quality of the evidence to the contrary is a ________________ presumption.

Accepted Answer

The answer of A presumption that cannot be disproved regardless...

Exam 11: Constitutional Rights Before Arrest

What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant?

Officers must quickly obtain a search warrant to obtain evanescent evidence.

Explain the protections from Double Jeopardy and give examples.

The rule that a person cannot be charged a crime that became a crime after he committed the act made illegal is _____________.

A presumption that can be overcome by presenting evidence to the contrary is a___________________ presumption.

MATCHING -Evanescent evidence

A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges?

Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial.

Which of the following is NOT true?

Which of the following is an example of evanescent evidence?

MATCHING -Rebuttable presumption

MATCHING -Exigent circumstances

MATCHING -Consent once removed

Probable cause is;

Historically, French control over the lives of the people in the American colonies led to the establishment of Constitutional prohibitions against "unreasonable searches and seizures" and the arrest of citizens except "upon probable cause."

If a state changes the interval between parole hearings, it violates the Constitution's prohibition on ex post facto laws.

A person is convicted of a crime and appeals. If the Appeals Court agrees with the convicted person, what possible actions could it take?

A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.

Select which of the following is an example of an ex post facto law.

A presumption that cannot be disproved regardless of the amount or quality of the evidence to the contrary is a ________________ presumption.