Criminal Procedure
Practice Exam
Course Introduction
Criminal Procedure examines the rules and principles governing the investigation and prosecution of crimes, focusing on constitutional protections afforded to individuals during the criminal justice process. The course covers topics such as the roles of law enforcement and the courts, search and seizure, arrest, interrogation, identification procedures, the right to counsel, pre-trial proceedings, trial rights, and remedies for constitutional violations. Through analysis of statutes, landmark Supreme Court decisions, and practical scenarios, students gain an understanding of due process, the balance between societys interest in effective law enforcement, and the rights of the accused.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 11th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
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Chapter 1: Individual Rights Under the United States Constitution
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17240
Sample Questions
Q1) The _________ branch of government creates most of the law of criminal procedure.
Answer: judicial
Q2) Cruel and unusual punishment is forbidden by which Amendment?
A) Fifth
B) Seventh
C) Eighth
D) Ninth Answer: C
Q3) The main purpose of the original Constitution was to establish individual liberties and freedoms.
A)True
B)False
Answer: False
Q4) Which of the below words/phrases closely resembles the concept of "due process"?
A) Fairness
B) Adversarial
C) Timely notice
D) Equal protection
Answer: A
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Chapter 2: Criminal Courts,Pretrial Processes,and the
Exclusionary Rule
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Information not contained in the body of the complaint,or that comes from witnesses other than the complainant,may be brought to the court's attention in the form of a(n)__________.
Answer: affidavit
Q2) The main purpose of ________ is to accept the defendant's plea.
Answer: arraignment
Q3) ________________ occurs when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.
A) Vindictive prosecution
B) Selective prosecution
C) A violation of civil rights
D) Malicious prosecution
Answer: A
Q4) A plea of nolo contendere is an admission of guilt,but cannot be used against the defendant in a civil action.
A)True
B)False
Answer: False
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Chapter 3: Basic Underlying Concepts: Privacy, Probable
Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Which of the following is not reflective of the reasons why the U.S.Supreme Court put into effect the totality of the circumstances test for assessing informant information based on the Illinois v.Gates (1983)decision?
A) The Aguilar-Spinelli criteria were inflexible and mechanistic.
B) Probable cause was judged to be a fluid concept.
C) Aguilar-Spinelli made it very difficult to obtain a search warrant based on information from an anonymous informant.
D) The Court wanted to establish a clear test could be applied in all cases using essentially the same decision factors across all cases.
Answer: D
Q2) The Gates v.Illinois (1983)decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.
Answer: "totality of the circumstances"
Q3) Third party information is often referred to as ________.
Answer: hearsay
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Chapter 4: Criminal Investigatory Search Warrants
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Sample Questions
Q1) Pick an item in the classroom and write a description sufficient to satisfy the particularity requirement of the Fourth Amendment.
.
Q2) Probable cause must be based on A) Aguilar/Spinelli.
B) facts.
C) reasonable suspicion.
D) proof beyond a reasonable doubt.
Q3) 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
A) may without further justification search the people for the drugs.
B) need additional probable cause that the people have the drugs on them to search them for the drugs.
C) should without additional justification search the owner for the drugs but not the others.
D) may without further justification search everyone for weapons.
Q4) A ___________ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an affidavit supporting a warrant is based.
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6
Chapter 5: Searches for Electronically Stored Information and
Electronic Surveillance
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60 Flashcards
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Sample Questions
Q1) 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
Q2) Title III specifically exempts which of the following from the warrant requirement?
A) Buildings
B) Cell phones
C) Tone-only pagers
D) Answering machines
Q3) A(n)___________ is defined as " a transfer containing the human voice at any point between and including the point of origin and the point of reception."
Q4) Congress created a special Article III court to review FISA applications called the
Q5) What is meant by sealing/putting under seal and why this is done?
Page 7
Q6) Explain the difference between a pen register and a wiretap.
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Chapter 6: Administrative and Special Needs Searches
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60 Flashcards
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Sample Questions
Q1) Assume that a regulatory inspector is conducting a justified,routine inspection of a tightly regulated business.The inspector,while standing in a spot that he has a legal right to be in and without moving anything,sees evidence of criminal activity.What are the options of the inspector?
Q2) To date,on each instance that an appellate court has considered the constitutionality of DNA testing statutes,the court has ruled:
A) the statutes to be an unconstitutional violation of the 4th Amendment.
B) the statutes to be an unconstitutional violation of the 5th Amendment.
C) the statutes to be an unconstitutional violation of the 6th Amendment.
D) the statutes to be constitutional.
Q3) In response to the terrorist attacks on September 11,2001,cities across the United States took steps to increase security to protect buses,trains,ferries,and other forms of public transportation from terrorist attack.To date,the courts:
A) have been antagonistic toward these measures.
B) have been supportive of these measures.
C) have refused to review appeals from these cases.
D) have not been asked to address this issue.
Q4) Explain the differences between a criminal search and an administrative search.
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Page 8
Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) An officer arrests the driver of a vehicle,handcuffs the driver,and places him/her in the backseat of the police car.The arrest is for a crime in which no evidence of the alleged offense could be located in the driver's vehicle.The officer
A) may apply Belton and search the entire car.
B) may apply Belton and Carroll and search the entire car.
C) may apply Belton and search the passenger compartment of the car.
D) may not search the car; the Gant decision prevents the search of the car.
Q2) A county sheriff's deputy in hot pursuit outside his county has
A) the same authority to arrest as an ordinary citizen.
B) the same authority to arrest as within his county if he is on duty.
C) the same authority to arrest as within his county even if he is off duty.
D) the same authority to arrest as a bondsman.
Q3) In the majority of states,arrest warrants are required for misdemeanors that do not occur in the officer's presence.
A)True
B)False
Q4) Describe the amount of force that law enforcement officers may use when searching a person.In what way(s)is the common law definition of resisting arrest different from the modern definition?
Page 9
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Chapter 8: Stops and Frisks
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60 Flashcards
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Sample Questions
Q1) Generally speaking,_________ is needed to support an anonymous tip and provide reasonable suspicion to justify an investigatory stop.
Q2) ?Relying on the plain view doctrine,the Minnesota v.Dickerson ruling stated that officers could seize non-threatening contraband,such as drugs,if its identity as contraband is immediately apparent to the sense of touch.This exception is best known as the
A) reasonable grasp motion.
B) plain touch exception.
C) plain view doctrine.
D) one-motion grasp exception.
Q3) A police officer stops a person on the basis of reasonable suspicion.The officer also has reasonable suspicion to believe the person is armed.During the pat-down,the officer feels what he thinks could possibly be a small baggie containing drugs,but the officer is unsure.Based on this information,the officer:
A) can request the consent of the person to pull the object out.
B) is justified to put his hand into the person's clothing and pull the object out.
C) has enough to establish probable cause that the person possesses drugs.
D) has the reasonable suspicion required to retrieve the object.
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Chapter 9: Consent Searches
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60 Flashcards
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Sample Questions
Q1) Briefly discuss the limitations on consent to search that pertain to the expressed object of the search.
Q2) An officer responds to a domestic disturbance call at a residence where college students are throwing a party and is granted permission to enter and "walk around".Which of the following statements is true?
A) The officer may legally walk into rooms, open closet doors, open containers, and desk drawers.
B) The renter of the residence can have the officer stop walking around and leave at any point by stating "I don't know if I should have agreed to allow this".
C) The renter of the residence can have the officer stop walking around and leave at any point by stating "I would like for you to leave now".
D) The officer may legally walk into rooms, open closet doors, open containers, and desk drawers, but may not enter the basement or attic areas to search.
Q3) Can a person who is intoxicated give consent to search his/her property? Discuss why or why not.
Q4) Courts use the ____________________ test to determine voluntariness.
Q5) Describe the Schneckloth rule concerning voluntary consent searches.
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Page 11
Chapter 10: The Plain View Doctrine
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Sample Questions
Q1) The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist in observing items of evidence.
A)True
B)False
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) Define what is meant by a hot pursuit and legal searches surrounding these incidents.
Q4) According to the plain view doctrine,an officer must be able to tell by just looking at an item which is out in the open that the item is seizable.
A)True
B)False
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12
Chapter 11: Search and Seizure of Vehicles and Containers
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) For an inventory to be constitutional
A) there must be a written departmental policy.
B) there must be an oral departmental policy.
C) there must be a departmental policy.
D) the officer must have probable cause.
Q2) If a car is readily mobile and probable cause exists to believe it contains contraband,the Fourth Amendment permits police to search the vehicle without additional justification.
A)True
B)False
Q3) Law enforcement officers with probable cause to search a motor vehicle may inspect passengers' belongings found in the vehicle that are capable of concealing the object of the search.
A)True
B)False
Q4) Name at least three different scenarios that the courts have ruled that it is within the authority of the police to impound a vehicle.
Q5) Define what the courts meant in South Dakota v.Opperman by a "standard procedures" requirement for inventory searches.
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Chapter 12: Open Fields and Abandoned Property
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Sample Questions
Q1) Which of the following statements is true in terms of determining the curtilage surrounding a house?
A) An area enclosed by a chain-link fence is always considered curtilage.
B) Shared areas of multi-unit dwellings are not protected by the Fourth Amendment.
C) The back yard of a residence is always considered curtilage.
D) An area within 50 yards of a residence is considered curtilage.
Q2) Describe at least two factors or circumstances that a court would consider regarding the issue of abandonment.
Q3) The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections
A) do not extend to the open fields.
B) encompass the open fields unless they are posted against trespass.
C) prevent officers from trespassing outside the curtilage.
D) prevent officers from trespassing into open fields.
Q4) The case which established the basic open fields doctrine is _____________.
Q5) What has been the interpretation of the courts regarding the area around a house that is enclosed by a fence?
Q6) Curtilage means the ________________________________.
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Chapter 13: Interrogations, Admissions, and Confessions
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The Supreme Court has stated the "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way" is known as
A) custodial interrogation
B) superficial interrogation
C) confessions
D) interviews
Q2) Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,including basic questioning that occurs before a person is identified as a suspect.
A)True
B)False
Q3) What kind of test is used to determine if a person is in custody?
A) If the officer intends to arrest the suspect
B) If the suspect doesn't feel free to leave
C) If a reasonable person wouldn't feel free to leave
D) If the detention is more than brief questioning
Q4) The voluntary and intentional relinquishment or abandonment of a known right or privilege is known as a(n)_______________.
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Chapter 14: Pretrial Visual Identification Procedures
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Give two examples that the courts have stated that may be prejudicial when presenting a photo array to a victim of a crime.
Q2) In determining the admissibility of identification evidence,the most important factor is _______.
A) whether any procedural due process rights were violated.
B) whether any substantive due process rights were violated.
C) reliability of the evidence.
D) whether the police abuses were incidental or intentional.
Q3) Given the causes of misidentification,the United States Supreme Court has held that identifications that occur under questionable circumstances should
A) be reviewed carefully by the courts for admission.
B) not be admitted in court.
C) always undergo a pretrial discovery hearing process.
D) be admitted regardless in court for a jury to decide the validity of same.
Q4) Describe what is meant by sensory overload.
Q5) Describe the differences between a lineup and a showup.
Q6) Describe the first stage of the memory acquisition,or encoding,process.
Q7) Explain the concept of incomplete sensory acquisition.
Q8) Briefly explain what is meant by cross-racial identification bias.
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Chapter 15: Criminal Trials, Appeals, and Other
Post-Conviction Remedies
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60 Flashcards
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Sample Questions
Q1) __________________ is evidence tending to prove the same point as evidence already offered,and is generally disallowed because it does little more than contribute to inefficiency.
A) Repetitious evidence
B) Cumulative evidence
C) Skipping evidence
D) Suppressed evidence
Q2) Write a brief paragraph describing what takes place during voir dire.
Q3) Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence.
A)True
B)False
Q4) When an appellate court reviews questions of fact resolved by a lower court,the appellate court can disturb the decision of the lower court:
A) only if the lower court applied the correct law and still made a mistake.
B) only after providing deference to the lower court and finding plain error.
C) only after conducting a de novo review and finding clear error.
D) only after providing deference to the lower court and finding clear error.
Page 17
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