Evidence and Criminal Procedure
Exam Materials
Course Introduction
Evidence and Criminal Procedure is a foundational course that explores the rules and principles governing the admissibility, presentation, and evaluation of evidence in criminal trials. The course examines key topics such as types of evidence, the burden and standard of proof, relevance, hearsay, privilege, and the exclusionary rule. It also provides an in-depth analysis of the stages of criminal proceedings, including arrest, investigation, pre-trial motions, trial, and appeals, with a focus on the rights of the accused and procedural safeguards enshrined in law. Through case studies and practical scenarios, students develop the ability to critically analyze and apply evidence and procedural rules within the context of the criminal justice system.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
Source URL: https://quizplus.com/study-set/1338 Page 2
Chapter 1: Individual Rights Under the United States
Constitution
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The right to a speedy and public trial is part of the _____ Amendment.
A) First
B) Second
C) Fourth
D) Sixth
Answer: D
Q2) Although there is inherent tension between the crime control and due process models, _____.
A) criminal justice has consistently focused more on crime control
B) criminal justice has consistently focused more on due process
C) the relative emphasis on crime control or due process has shifted over time
D) activities during the 1960s caused a marked shift towards crime control
Answer: C
Q3) An advocate of the crime control model would support increased funding for police and prosecutors and to build more prisons.
A)True
B)False
Answer: True
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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) The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.
A)True
B)False
Answer: False
Q2) What rule of law requires exclusion of tainted evidence even if it is relevant?
A) the exclusionary rule
B) good faith exception
C) attenuation doctrine
D) probable cause
Answer: A
Q3) 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
Q4) DNA evidence is, in all instances, direct evidence.
A)True
B)False
Answer: False
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Chapter 3: Basic Underlying Concepts: Property, Privacy,
Probable Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Assuming that no exception to the warrant requirement is relevant, weaker evidence is more likely to justify the issuance of a warrant than it is to justify a warrantless search or arrest.
A)True
B)False
Answer: True
Q2) A criminal informant's ________is never presumed but must be established, usually by demonstrating the informant's track record of having given accurate information in the past.
Answer: credibility
Q3) Reasons 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 include
A) the Aguilar-Spinelli criteria were so flexible as to be nonsensical
B) the fluidity of the concept of probable cause
C) Aguilar-Spinelli made it too easy to obtain a search warrant
D) the need decision factors that could be used is all cases
Answer: B
Q4) Third party information is often referred to as ________.
Answer: hearsay
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) What were all-purpose warrants referred to in early colonial America?
A) Criminal warrants
B) Star chamber warrants
C) Writs of assistance
D) Writs of mandamus
Q2) In the case of Franks v. Delaware, the Court determined that if a search warrant was issued based on some inadvertent exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence.
A)True
B)False
Q3) To avoid the severity of total repression of evidence when a small mistake is made in a search warrant, the courts have adopted partial suppression, better known as ___________ or severability.
Q4) Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to
A) items other than biologicals
B) evidence of a crime
C) contraband such as drugs
D) nontestimonial evidence
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Chapter 5: Searches for Electronically Stored Information and
Electronic Surveillance
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) When law enforcement officers intercept communications that relate to offenses other than those specified in the interception order, the government may use the evidence of these other crimes only if _____.
A) the evidence was observed in plain view
B) the evidence could have been discovered through an independent source
C) another application is made to a court "as soon as practicable" for a determination that the interception complied with Title III requirements
D) the evidence is testimonial in nature
Q2) Under the _____ exception, victims of computer attacks by hackers can authorize law enforcement officials to intercept wire or electronic communications of a computer trespasser, if specific statutory requirements are satisfied.
A) computer trespasser
B) provider
C) public access
D) exceptional privilege
Q3) 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.
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Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The Customs Service requires employees seeking transfers or promotions to certain positions within the service to submit to urinalysis testing. What has the Court found with respect to this requirement?
A) The Court upheld the policy of the Customs Service.
B) The Court upheld the policy of the Customs Service, but only under certain narrowly tailored circumstances.
C) The Court ruled that the regulations were unconstitutional.
D) The Court upheld the policy of the Customs Service, but only if the employee signed a consent form.
Q2) The Fourth Amendment clearly applies to searches and seizures conducted on the campuses of public colleges and universities.
A)True
B)False
Q3) The line between an administrative and a criminal search sometimes blurs. In distinguishing between them, it is important to look at the search's __________ and competing __________.
Q4) Physical searches of students and their possessions may be conducted by school officials without a warrant based merely on __________ grounds.
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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) If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises to search for an accomplice under what circumstance(s)?
A) without further justification.
B) with articulable facts on which to base reasonable suspicion that others may be present.
C) with probable cause that others may be present.
D) never.
Q2) In __________ v. United States, the Supreme Court clearly stated that an officer's ulterior motives do not invalidate the officer's conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.
Q3) In general, the search of an arrestee's vehicle located a substantial distance from the doorstep of his home where he was arrested could not be justified as a search incident to arrest.
A)True
B)False
Q4) A search incident to arrest is authorized by __________.
Q5) Under what circumstances may law enforcement perform a full search of an arrestee's body?
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Chapter 8: Stops and Frisks
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Often times in cases involving the seizure of a person, the Supreme Court will examine which of the following?
A) reasonableness of the suspect's action.
B) experience of the law enforcement officer.
C) venue in which the actions occurred.
D) totality of the circumstances.
Q2) Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?
A) First
B) Third
C) Fourth
D) Fifth
Q3) Before conducting a frisk, an officer must believe which of the following to be true?
A) he is dealing with an armed and dangerous individual
B) he must visibly see a weapon present
C) he must possess probable cause to proceed on with the search
D) he believes the suspect is guilty of traffic violations
Q4) Define what is meant by a furtive gesture and give two examples.
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Chapter 9: Consent Searches
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60 Flashcards
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Sample Questions
Q1) Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask her if the suspect is home. She says "Not right now," but the officers don't believe her and want permission to enter and look for themselves. They have no warrant or other justification. What should the officer's do first?
A) ask her if she will consent to their search.
B) ask her if she lives there.
C) ask her to step out of the apartment, since there might be trouble.
D) ask her when he will return, since she can't give permission.
Q2) Summarize the Schneckloth rule concerning voluntary consent searches.
Q3) A person's consent to an officer's request to enter his or her residence __________ grant the officer a right to search.
Q4) 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.
Q5) Courts use the __________ test to determine voluntariness.
Q6) If police state truthfully that they will obtain a warrant if consent is withheld, the consent is considered _________.
Q7) What is meant by "common authority." Provide examples.
Page 11
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Chapter 10: The Plain View Doctrine and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Name three mechanical aids or electrical devices that courts have ruled on for plain view searches and what, if any, limitations are placed on those devices.
Q2) Which of the following is not a requirement of the plain view doctrine?
A) The officer must be in a position in which he or she has a legal right to be.
B) The officer must not unreasonably intrude on any person's reasonable expectation of privacy.
C) The discovery of the item by the officer must be inadvertent.
D) The incriminating character of the item must be immediately apparent to the officer.
Q3) A federal officer with an arrest warrant goes to a suspect's home. Having encountered this suspect previously, the officer knows that there will probably be controlled substances and related items lying around the apartment. Seizure of any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.
A)True
B)False
Q4) Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant's vehicle bases on "plain smell."
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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) Explain the evolution of the "exigent circumstance" requirement of the Carroll doctrine. Why was the requirement abandoned?
Q2) An inventory will be declared an unlawful search if the officer reveals that she suspected that she would find some contraband.
A)True
B)False
Q3) If an officer has probable cause to search only a particular container placed in a vehicle or a particular area of the vehicle, the officer may search that container or area without a warrant, but may not search the __________.
Q4) A person has a lesser expectation of privacy in a car than in a residence because _____.
A) the car is a personal effect rather than real property
B) a car travels public streets and its occupants are open to public view
C) a car is can serve as a residence and hold personal effects
D) a car can be an instrumentality of a crime
Q5) Define what the courts meant in South Dakota v. Opperman by a "standard procedures" requirement for inventory searches.
Q6) A valid inventory search requires neither __________ nor a(n) __________.
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Chapter 12: Open Fields and Abandoned Property
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60 Flashcards
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Sample Questions
Q1) An informant tells an officer that patrons of a certain public bar sometimes do lines of cocaine on the tables set in alcoves. If the officer wants to gather some minute grains of cocaine from one of the tables as corroboration of the information, the officer will
A) need a search warrant since open fields does not apply
B) need an administrative warrant
C) not need a warrant
D) not need a warrant since the tables are in the curtilage
Q2) Which of the following is not considered curtilage?
A) a house being sold by a realtor
B) a house in which the occupants are away on a trip around the world
C) a house under construction which has only the skeletal framing
D) a house which has been somewhat damaged by fire but is boarded up pending repair
Q3) Explain the difference between the concepts of "open fields" and "curtilage" and how they relate to the law of search and seizure.
Q4) Describe at least two factors or circumstances that a court would consider regarding the issue of abandonment.
Q5) Curtilage means the __________ and __________.
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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) A suspect states that she killed her husband but that he deserved it because he was unfaithful. How would this statement be most accurately classed?
A) a confession
B) an admission
C) an affidavit
D) a deposition
Q2) In which of the following circumstances must the police observe the requirements imposed by the Miranda rule?
A) the suspect is in custody at the time of the interrogation.
B) the interrogation takes place at the police station
C) the suspect has already been charged with the offense for which he or she is being interrogated
D) the suspect is in custody at the time of the interrogation and the interrogation takes place at the police station
Q3) The essential ingredient which must be present for a statement to be considered involuntary is police __________.
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 Flashcards
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Sample Questions
Q1) An eyewitness is much more likely to identify accurately someone of his or her own race than someone of a different race. This is called __________ bias.
Q2) Within an hour after a robbery, the police identify an individual whose modus operandi and description match that described by the victim. Police bring a photo of the individual. This is most accurately called a photographic _____.
A) showup
B) lineup
C) confrontation
D) identification
Q3) The right to counsel guaranteed by the Wade-Gilbert cases does not apply at the outset of a criminal investigation, instead, the right must "attach" when a "triggering event" occurs.
A)True
B)False
Q4) The people who appear in a lineup or photo array other than the suspect are called
Q5) Briefly discuss the problems that may be associated with multiple line-ups or photo arrays.
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Chapter 15: Criminal Trials, Appeals, and Postconviction
Remedies
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The best evidence rule means that to prove the content of a writing, recording, or photograph, the original is generally required since copies are too easily altered.
A)True
B)False
Q2) Describe the difference between a standard of review for clear error and a de novo standard of review.
Q3) In appellate review of the decisions of courts of original jurisdiction, the __________ standard of review grants no deference to the lower court.
Q4) Explain how the right to a speedy trial depends on whether a formal accusation has been made.
Q5) Write a brief paragraph describing what takes place during voir dire.
Q6) Out-of-court statements are testimonial-and, therefore, are subject to the Confrontation Clause.
A)True
B)False
Q7) Explain the differences between an appeal, a habeas corpus filing, and a civil action under § 1983.
Q8) Explain the difference between determinate and indeterminate sentencing.
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