Constitutional Law for Criminal Justice Test Bank
Course Introduction
This course examines the fundamental principles and doctrines of constitutional law as they apply to the criminal justice system. It focuses on the interpretation and impact of the United States Constitution, particularly the Bill of Rights, on criminal procedure and law enforcement practices. Key topics include search and seizure under the Fourth Amendment, self-incrimination and due process under the Fifth and Fourteenth Amendments, the right to counsel under the Sixth Amendment, and equal protection issues. Students will analyze landmark Supreme Court decisions, understand the balance between individual rights and governmental powers, and explore contemporary issues and challenges faced in the application of constitutional protections within criminal justice settings.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 12th Edition by John
Available Study Resources on Quizplus
15 Chapters
900 Verified Questions
900 Flashcards
Source URL: https://quizplus.com/study-set/1338
Page 2
N. Ferdico
Chapter 1: Individual Rights Under the United States
Constitution
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26682
Sample Questions
Q1) The fundamental privileges and freedoms enjoyed by U.S. citizens are commonly referred to as _____________________.
Answer: civil rights
Q2) The privilege against self-incrimination applies to compelling a person to _____.
A) appear in a lineup in which all individuals will read a standard script
B) furnish a blood sample which might match that of the perpetrator
C) make a statement which indicates they might be guilty
D) furnish their fingerprints for comparison with the perpetrators
Answer: C
Q3) The power of the government to acquire private property is called _____________________.
Answer: eminent domain
Q4) The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment.
A)True
B)False
Answer: False
To view all questions and flashcards with answers, click on the resource link above. Page 3
Chapter 2: Criminal Courts, Pretrial Processes, and the Exclusionary Rule
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26683
Sample Questions
Q1) Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?
A) first notice
B) venue
C) arraignment
D) geographic subdivisions
Answer: B
Q2) The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant has committed an offense.
Answer: grand jury
Q3) The exclusionary rule requires that _____
A) unambiguous evidence of prosecutorial misconduct be presented
B) demonstration that the evidence was maliciously obtained
C) the prosecutor be willing to stipulate the evidence was illegally obtained
D) the defendant's Fourth, Fifth, or Sixth Amendment rights have been violated
Answer: D
To view all questions and flashcards with answers, click on the resource link above. Page 4
Chapter 3: Basic Underlying Concepts: Property, Privacy,
Probable Cause, and Reasonableness
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26684
Sample Questions
Q1) Based on the Aguilar-Spinelli criteria, in order to establish probable cause in a situation where informant information is secondhand, the affidavit must _____.
A) show how the third person knows the information furnished to the informant
B) show how the third person knows the information furnished to the informant and why the information from the informant is credible or reliable
C) show how the third person knows the information furnished to the informant and why the information, from both the informant and the 3rd party, is credible or reliable
D) show how the third person knows the information furnished to the informant; why the information, from both the informant and the 3rd party, is credible or reliable; and that the information could not be obtained using any other method
Answer: C
Q2) A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.
Answer: meaningful interference
Q3) Third party information is often referred to as ________.
Answer: hearsay
To view all questions and flashcards with answers, click on the resource link above. Page 5
Chapter 4: Criminal Investigatory Search Warrants
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26685
Sample Questions
Q1) Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is _____.
A) without further justification, search the people for the drugs.
B) acquire additional probable cause that the people have the drugs on them, then search them for the drugs.
C) without additional justification, search the owner for the drugs but not the others.
D) without further justification, search everyone for weapons. /span>
Q2) What is the purpose and nature of Rule 41?
Q3) Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the probable cause has become ___________ before beginning the search.
Q4) The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.
A)True
B)False
Q5) What is the purpose and rationale underlying the concept of an anticipatory search warrant?
To view all questions and flashcards with answers, click on the resource link above. Page 6
Chapter 5: Searches for Electronically Stored Information and
Electronic Surveillance
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26686
Sample Questions
Q1) Assess the requirements that some courts impose on applications for search warrants for electronically stored information. Identify the limitations in place and explain the rationale of these limitations.
Q2) Title III of the Wiretap Act provides authority for designated officials to intercept wire, oral, or electronic communications without a prior interception order if an emergency situation exists that involves immediate danger of death or serious physical injury to any person. This is referred to as the __________.
Q3) Title III of the Wiretap Act does not cover video surveillance using video cameras that record only images and not aural communications.
A)True
B)False
Q4) Under the exigent circumstances exception, a law enforcement officer must apply for an interception order _____ after the interception has occurred or begins to occur. A) immediately
B) within forty-eight hours
C) as soon as practicable
D) when prudent as deemed by the officer
To view all questions and flashcards with answers, click on the resource link above. Page 7
Chapter 6: Administrative and Special Needs Searches
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26687
Sample Questions
Q1) Physical searches of students and their possessions may be conducted by school officials without a warrant based merely on __________ grounds.
Q2) Fire investigations often require both __________ searches and __________ searches because they serve several different purposes and present varying degrees of emergency.
Q3) Police cannot legally gain access to a student's living quarters on a private university for the purpose of searching, even if they have permission of university administration, unless they have a warrant issued. Why is this statement true?
A) Because the search is conducted by police, the purpose is a criminal investigation.
B) Because the university is private, not public.
C) Because college and university students are afforded absolute protection from unwanted searches and seizures.
D) Because there is no distinction in Fourth Amendment law between private and public universities.
Q4) Once an administrative search focuses on gathering evidence for a(n) __________, a search warrant must be obtained or the search must satisfy an exception to the warrant requirement.
To view all questions and flashcards with answers, click on the resource link above. Page 8
Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26688
Sample Questions
Q1) What is the most significant personal advantage an officer has when making an arrest with a valid warrant over making that arrest without one?
A) not being civilly liable for false arrest if the arrest was in fact unjustified.
B) not being responsible for the degree of force used to make the arrest.
C) not being likely to arrest the wrong person.
D) being able to arrest outside his or her venue.
Q2) A search incident to arrest is authorized by __________.
Q3) What is meant by the term exigent circumstance? Provide an example.
Q4) A person is "picked up for questioning" by the police and taken to the police station interrogation room where (s)he is given Miranda warnings and questioned. (S)he was never told "You're under arrest". Which of the following occurred?
A) a formal arrest.
B) a seizure tantamount to arrest.
C) a Terry stop.
D) an investigative stop.
Q5) Compare and contrast a fresh pursuit and a hot pursuit. Give examples.
Q6) Under what circumstances may law enforcement perform a full search of an arrestee's body?
To view all questions and flashcards with answers, click on the resource link above. Page 9
Chapter 8: Stops and Frisks
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26689
Sample Questions
Q1) An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches, the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to stop. The man stops. The man is carrying a locked case. Given this scenario, select the true statement.
A) The officer is justified to immediately pry open the case and search it.
B) The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine.
C) The officer cannot temporarily detain the person, but is justified in detaining the case.
D) The officer has probable cause and is justified to place the man under arrest.
Q2) Briefly describe the history and purpose of the origination of the Geneva Conventions.
Q3) The term _____________ is a designation given to individuals who were captured by the United States on suspicion of being involved in terrorist activities by being a part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.
Q4) Define what is meant by a furtive gesture and give two examples.
To view all questions and flashcards with answers, click on the resource link above. Page 10
Chapter 9: Consent Searches
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26690
Sample Questions
Q1) When the prosecuting attorney attempts to introduce evidence obtained as a result of a consent to search into court evidence, which of the following does the court require?
A) the defense to prove beyond a reasonable doubt that the consent was involuntary.
B) the defense to prove that there is probable cause to doubt that the consent was involuntary.
C) the prosecutor to prove beyond a reasonable doubt that the consent was voluntary. D) the prosecutor to prove by a preponderance of the evidence that the consent was voluntary.
Q2) A __________ is a person in possession of someone else's personal property with the lawful permission of the rightful owner.
Q3) Provide at least two situations where a third-party may give consent to search property even though they are not the person against whose interest the search is being conducted.
Q4) The authority that justifies third-party consent to search based on mutual use of the property by those who have joint access or control for most purposes is called
To view all questions and flashcards with answers, click on the resource link above. Page 11
Chapter 10: The Plain View Doctrine and Special Needs Searches
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26691
Sample Questions
Q1) If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____.
A) unless it is a situation where there is a strong preference for a warrant
B) regardless of whether the officer had a right to be at the location
C) unless there was an intrusion into that individual's possessory interest
D) regardless of any apparent intrusion into that individual's possessory interest
Q2) During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.
A) reasonable suspicion
B) absolute certainty
C) clear and convincing evidence
D) probable cause
Q3) The ___________ is grounded on the proposition that once police officers are lawfully in a position to observe an item first-hand, the owner's privacy interest in that item is lost.
Q4) Explain the distinction between a plain view observation and a search.
Page 12
To view all questions and flashcards with answers, click on the resource link above.
Chapter 11: Search and Seizure of Vehicles and Containers
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26692
Sample Questions
Q1) Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer _____.
A) needs to get a warrant
B) may immediately open the bag but not the pouch
C) may immediately open both the bag and the pouch
D) must arrest the occupants and only then search without a warrant
Q2) Assuming that a vehicle has been legally impounded, under what circumstances, if any, may the vehicle be searched for incriminating evidence without a warrant?
Q3) In determining whether a vehicle is readily mobile, courts look to whether _____.
A) the vehicle is inherently capable of movement
B) the vehicle is actually mobile at a particular moment in time
C) the vehicle was recently moved by the owner
D) he person controlling the vehicle has ready the tools needed to make the vehicle capable of movement
Q4) A valid inventory search requires neither __________ nor a(n) __________.
To view all questions and flashcards with answers, click on the resource link above. Page 13
Chapter 12: Open Fields and Abandoned Property
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26693
Sample Questions
Q1) Select the true statement regarding the criteria used by courts to make determinations about intent to abandon property.
A) The presence of one factor alone will not generally lead to a finding of abandonment.
B) An apartment and the contents of the apartment cannot be considered abandoned if there is still time remaining on the lease.
C) With respect to abandonment of objects, courts can rely on the length of time the item has been left unattended to determine whether the object has been abandoned.
D) A person's garbage is always considered abandoned.
Q2) Define what is meant by a "reasonable expectation of privacy" regarding the law of search and seizure as it relates to both the open fields doctrine and the abandonment doctrine.
Q3) Observations made from a vantage point in the open fields or a public place do not constitute a search for Fourth Amendment purposes, therefore, evidence obtained from these observations will generally be admissible in court proceedings.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above.
Chapter 13: Interrogations, Admissions, and Confessions
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26694
Sample Questions
Q1) The voluntary and intentional relinquishment or abandonment of a known right or privilege is known as a(n) __________.
Q2) When considering the issue of waiver of Miranda rights, courts take into consideration _____.
A) the totality of circumstances
B) whether the waiver was voluntary (absence of police coercion)
C) awareness of the right(s) being waived and the consequences of the waiver
D) the totality of circumstances, whether the waiver was voluntary (absence of police coercion), and awareness of the right(s) being waived and the consequences of the waiver
Q3) Both confessions and admissions are incriminating statements.
A)True
B)False
Q4) Under limited conditions, subsequent interrogation of a suspect who exercised the Miranda right of silence after being given warnings may be permissible.
A)True
B)False
Q5) The term "__________" is a broad term meaning simply any oral or written declaration or assertion.
To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 14: Pretrial Visual Identification Procedures
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26695
Sample Questions
Q1) In Neil v. Biggers, the Supreme Court listed five factors to be considered in evaluating the likelihood of misidentification. Which of the following is not one of the five?
A) accuracy of the witness's prior description of the criminal
B) length of time between the crime and the confrontation
C) witness's degree of attention
D) time of day the crime occurred
Q2) Foils should be chosen for their dissimilarity to the witness's description of the perpetrator, with the suspect standing out from the foils.
A)True
B)False
Q3) In _____, different memory images may become combined or confused with one another.
A) unconscious retrieval
B) transference confusion
C) unconscious transference
D) subconscious retrieval
Q4) Explain what, if any, affect that cultural bias or personal prejudices may affect memory.
To view all questions and flashcards with answers, click on the resource link above. Page 16
Chapter 15: Criminal Trials, Appeals, and Postconviction
Remedies
Available Study Resources on Quizplus for this Chatper
60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/26696
Sample Questions
Q1) A prosecutor locates a material witness to support her case. During the trial when the prosecutor questions this witness the questioning is _____.
A) cross-examination
B) rebuttal examination
C) direct examination
D) re-cross examination
Q2) A motion for _____ basically asks the judge to dismiss the case because no reasonable jury could find the defendant guilty beyond a reasonable doubt in light of the insufficient evidence presented by the prosecution.
A) a new trial
B) judgment of acquittal
C) a judgment notwithstanding the verdict
D) revision or correction of sentence
Q3) __________ require that prosecution commence within a specified period of time from the date of the alleged commission of the offense.
Q4) There are two major forms of relief for a defendant after being convicted of a crime: __________ and __________.
Q5) Write a brief paragraph describing what takes place during voir dire.
Page 17
To view all questions and flashcards with answers, click on the resource link above.