JUS 410 Constitutional Law SAMPLE EXAM
1. After a proposed Constitution was written, it was submitted to the states for
ratification. This ratification was opposed by some states because:
A. the Constitution contained no bill of rights*
B. excessive power was concentrated in the state governments
C. Congress had no power to tax
D. small states were not give fair representation in the Senate of the
United States
2. Under the terms of the proposed Constitution, the new government was to become
operative if a certain number of states ratified. This number was:
A. 9*
B. 10
C. 11
D. All 13 states
3. The first Congress assembled under the new Constitution did so in the year:
A. 1787
B. 1789*
C. 1791
D. 1776
4. The United States Constitution, as originally adopted:
A. prohibited the federal government from depriving any person of life,
liberty, or property without due process of law
B. was a very long, drawn-out document that expressly dealt with all
problems that might conceivably arise in the future
C. was divided into seven major portions or articles*
D. neglected to include any provision for the method of amendment
5. Article I of the United States Constitution:
A. grants Congress the power to regulate interstate and foreign
commerce*
B. contains the supremacy clause
C. protects freedom of speech
D. delegates to the President the power to declare war
6. Article II of the United States Constitution:
A. establishes the powers of the President*
B. vests judicial power of the United States in the Supreme Court
C. guarantees the right to bear arms
D. guarantees that the federal government will not quarter troops in
private homes
7. The first three articles of the Constitution are commonly referred to as the:
A. delegation of powers articles
B. supremacy clauses
C. separation of powers articles*
D. necessary and proper provisions
8. Suppose the Supreme Court recently handed down a decision declaring that the
death penalty violates the Eighth Amendment, which prohibits cruel and unusual punishment
and, therefore, may no longer be imposed. The members of Congress are outraged by this
decision and want to change it. Under our Constitution, a Supreme Court decision
interpreting the Constitution:
A. is immutable and cannot be changed
B. can be nullified only by a three-fourths vote of both houses of
Congress
C. can be nullified by a constitutional amendment proposed by
two-thirds vote in both houses of Congress and ratified by three-fourths of the state
legislatures*
D. can be nullified only if the legislatures of 26 states propose the
calling of a constitutional convention
9. The Constitution directly established the Supreme Court and granted Congress the
power to establish judicial tribunals inferior to the Supreme Court. Under the federal
judiciary system established by Congress:
A. federal criminal trials are held in federal district courts*
B. all capital crimes, whether state or federal, must be tried in a
federal court
C. any person convicted of a capital crime has the automatic right to
appeal directly to the Supreme Court of the United States
D. there are three tiers or levels of federal courts below the United
States Supreme Court
10. The commerce clause, as interpreted by the Supreme Court:
A. allows Congress to regulate any activity that has a substantial
effect on interstate commerce, even though the activity takes place entirely within the
confines of a single state*
B. exempts state governments and their agencies from regulations
enacted by Congress under its commerce clause powers.
C. does not allow Congress to enact criminal statutes
D. does not allow Congress to enact laws affecting areas in which there
are existing state regulations
11. Congress has enacted crime legislation such as the Motor Vehicle Theft Act under
one of the powers delegated under Article I, §8. That provision is the:
A. power to regulate interstate and foreign commerce*
B. authority to enter into treaties and alliances
C. full faith and credit provision
D. intrastate regulatory clause
12. Article I, Section 10 of the Constitution prohibits the states from exercising
certain powers. Under this section, states are prohibited from:
A. establishing segregated schools
B. denying citizens life, liberty, or property without due process of
law
C. establishing banks without the consent of Congress
D. entering into treaties, alliances, or confederations*
13. In 1994, Jones committed an armed robbery. In 1996, the Kentucky legislature
enacted a law increasing the punishment for armed robbery from 15 to 20 years in prison.
Six months later, Jones was captured, tried, convicted, and sentenced to 20 years in
prison. Sentencing Jones to 20 years violates the:
A. First Amendment
B. Fourteenth Amendment
C. Fifth Amendment due process clause
D. Article I, § 10 ex post facto clause*
14. Which of the following constitutional provisions prevents state legislatures
from enacting laws that declare individual citizens guilty of crimes and confiscating
their property?
A. Article I, §10 prohibition against bills of attainder*
B. Fourteenth Amendment equal protection clause
C. Fifth Amendment due process clause
D. Second Amendment
15. The constitutional division of power between the federal government and the
states is accomplished in which of the following ways:
A. The Constitution lists the powers reserved to the states and
provides that all powers not expressly reserved to the states belong to the federal
government
B. Through the combined effects of Article I, §8, Article I, §9, and
the Tenth Amendment*
C. The division of power is established in the Fourteenth Amendment
D. Through the combined effect of Articles I, II, and III
16. Which of the following statements most accurately reflects the constitutional
division of power between the federal government and the states?
A. The Founders contemplated that the federal government would be more
powerful than the states
B. Supreme Court’s expansive interpretations of the commerce
clause have caused a steady shift in the balance of power in the favor of the federal
government*
C. The federal government holds all powers not expressly reserved to
the states
D. The balance of power between the federal government and the states
established by the Constitution of 1789 is fixed and cannot be changed through judicial
interpretation of the enumerated powers
17. Under our federal system of government, states have primary authority to:
A. enact bankruptcy laws
B. punish counterfeiting
C. provide for education of children*
D. provide for organizing, maintaining, and arming troops in times of
peace
18. The Bill of Rights:
A. was adopted by the colonists in 1776
B. declares that no state shall deny any person due process of law
C. was proposed by the First Congress to fulfill pledges made to the
states to secure ratification of the Constitution*
D. guarantees states protection against internal insurrections
19. The right to be indicted by a grand jury before being tried for a capital or
otherwise infamous crime is:
A. guaranteed by the First Amendment
B. guaranteed by the Fifth Amendment*
C. guaranteed by the Tenth Amendment
D. has been made binding on the states through incorporation into the
Fourteenth Amendment
20. Protection against unreasonable searches and seizures is guaranteed by the:
A. Third Amendment
B. Fourth Amendment*
C. Fifth Amendment
D. Sixth Amendment
21. The right to trial by jury in criminal cases is:
A. guaranteed by the First Amendment
B. guaranteed by the Second Amendment
C. guaranteed by the Third Amendment
D. has been made binding on the states through incorporation into the
Fourteenth Amendment*
22. The due process clause, which limits the actions of state governments and state
agents is a part of the:
A. Fourteenth Amendment*
B. original Constitution
C. Fifth Amendment
D. Fourth Amendment
23. The Fourteenth Amendment is the source of several different types of
constitutional protection against the actions of state governments. These protections
include all but which of the following?
A. Requirement that state governments treat all persons alike who are
similarly situated
B. Requirement that state governments protect the life, liberty, and
property of citizens*
C. Requirement that state governments afford citizens notice and an
opportunity to be heard before depriving them of life, liberty, or property
D. Protection against arbitrary interference by state governments with
fundamental rights, like the right to marry, to terminate an unwanted pregnancy, or to
forego life-sustaining treatment
24. The First Amendment mentions several rights in addition to freedom of speech.
Among the rights mentioned is the right to:
A. privacy
B. bear arms
C. peaceably assemble*
D. vote
25. The rights guaranteed by the First Amendment are binding:
A. only on the federal government
B. on federal, state, and local governments*
C. on federal, state, and local governments and shopping malls
D. on federal, state, and local governments, and private companies that
employ more than 100 people
26. All but which of the following activities are regarded as "speech" for
purposes of the First Amendment?
A. organizing a parade
B. soliciting funds
C. refusing to pledge allegiance to the flag
D. jogging *
27. Anti-war demonstrators climb up onto the roof of an Armed Services Recruiting Station building where they
lowered the flag and burn it
to protest the government’s involvement in war. They are convicted of criminal trespass and malicious destruction of government property. On
appeal, they contend their First Amendment rights were violated. The appeals court should:
A. set the conviction aside on the grounds that flag burning is
constitutionally protected symbolic speech
B. set aside the conviction on the ground that the chosen location of
the demonstration is a public free speech forum
C. affirm the conviction under the O’Brien test because the
government has a substantial nonspeech interest in regulating trespassing on the roof of
government buildings and destroying government property *
D. affirm the conviction under the clear and present danger
doctrine
28. Laws outlawing speech based on the message are:
A. always unconstitutional
B. constitutional as applied to oral communications but not to written
communications
C. unconstitutional unless the message is offensive
D. constitutional if the speech falls within one of the unprotected
categories *
29. First Amendment protection has been withdrawn from all but one of the following
categories of speech. Which category continues to enjoy some degree of First Amendment
protection?
A. profanity *
B. obscenity
C. fighting words
D. threats
30. The test currently used to determine whether literary works are obscene was
established by the Supreme Court in:
A. Brandenburg v. Ohio
B. Chaplinsky v. New Hampshire
C. Grace v. United States
D. Miller v. United States *
31. A literary work can be banned as obscene only if the work:
A. contains pictures of deviant sexual acts
B. is distributed to minors
C. lacks serious literary, artistic, political, or scientific
value *
D. visually depicts real children engaged in sexual activity
32. Which of the following uses of language is most
likely to be regarded as constitutionally unprotected "fighting words"?
A. The defendant during a campaign speech called his opponent, who was
not present at the time, a "fascist pig"
B. The defendant, seeing a black man holding hands with a white woman,
stopped the man and said: "Nigger, if you don’t take your hands off that lady,
I’ll break your neck" *
C. The defendant on being stopped for a traffic offense called the
police officer a "stupid son-of-a-bitch"
D. The defendant delivered a speech denouncing racism and urging blacks
in the audience to fight for their rights
33. A city adopts an ordinance prohibiting citizens from appearing in
public wearing a white robe with a hood or other clothing identifying the wearer as
a Ku Klux Klan member. Ten citizens attending a Ku Klux Klan rally in a city park were
arrested and convicted under this statute. They appealed their conviction, claiming that
the statute is unconstitutional. The court should:
A. find the statute constitutional because prohibiting the clothing
citizens can wear in public has nothing to do with the First Amendment
B. find the statute constitutional because wearing Ku Klux Klan
clothing in public amounts to "fighting words"
C. find the statute unconstitutional because the city's only
interest in regulating this conduct is its disapproval of the message this conduct
communicates *
D. find the statute unconstitutional because the First Amendment
forbids the government to regulate hate conduct
34. In Brandenburg v. Ohio, the Supreme Court established the test that controls
when speech can be punished as:
A. "fighting words"
B. hate speech
C. obscenity
D. incitement to violence or other unlawful acts *
35. The determination that a government-owned location constitutes a public forum
means that:
A. the government may not restrict free speech activity at that
location
B. the government must satisfy stringent criteria to justify
restricting free speech activity at that location *
C. the government may not require a permit to engage in free speech
activity at that location
D. First Amendment activity must be allowed 24 hours a day
36. Which of the following locations is the least likely to be regarded as a public
forum?
A. A municipal park
B. A shopping center parking lot *
C. A municipal auditorium
D. The sidewalk in front of a public school
37. Public streets, sidewalks, and parks are examples of:
A. traditional public forums *
B. public forums by designation
C. nonpublic forums
D. limited public forums
38. The determination that a government-owned location is a nonpublic forum means
that:
A. the government may ban all expressive activity but
handbilling
B. the government has the same power as a private landowner to outlaw
First Amendment activity
C. the government will be held to a higher standard in regulating First
Amendment uses than in the case of public forums
D. restrictions on First Amendment uses must be viewpoint neutral and
reasonable in light of the purposes the forum serves *
39. Which of the following ordinances is most likely to be held unconstitutional?
A. an ordinance prohibiting noisy demonstrations in front of schools
between the hours of 8:30 a.m. and 3:00 p.m
B. an ordinance prohibiting begging in municipal bus terminals
C. an ordinance prohibiting the display of signs critical of an
embassy’s government in front of a foreign embassy *
D. an ordinance prohibiting blocking ingress or egress to public
buildings
40. In order for an ordinance requiring a parade permit to be constitutional:
A. administration of the permit system must be vested in a magistrate
or a judge
B. granting of a permit must be conditioned on the applicant’s
advance payment of the costs of policing the event
C. the administrator must be given broad discretion to consider the
impact of the gathering on the health, safety, convenience, and good order of the
community
D. the ordinance may not impose an unreasonably long advance notice
requirement *
41. A candidate for judge sets up a table in a privately owned shopping
plaza to solicit campaign contributions and distribute
literature. The plaza manager informs him that solicitation on the premises is
not allowed. On his refusal, the manager calls
the police. When police arrive, the judge was found to be polite and mannerly and
not disturbing anyone. The police officer should:
A. arrest the judge for trespassing if he refuses to leave *
B. advise the manager that he cannot arrest the judge unless
he causes a
disturbances or disrupts traffic flows
C. tell the manager that he cannot have the judge arrested because political
candidates enjoy an absolute First Amendment privilege to distribute campaign
literature
D. arrest the manager for intruding on the judge's freedom of
expression
42. Members of the Communist Party assemble at the courthouse to hold a public demonstration.
Mary, the organizer, uses a portable sound system
to read statements denouncing the United States government. The crowd rapidly
swells, making it difficult for
members of the public to enter and leave the building. At the conclusion of her speech,
Mary produces a United States flag and starts to burn it. An offended spectator
tries to grab the flag out of her hands, tearing it up. At
this point, police arrive and tell Mary that she and her group would have to leave. Mary
refuses. The city has three relevant ordinances: one making it an offense to destroy an American
flag, a second making it an offense to refuse to obey a policeman’s lawful order to
move on, and a third making it an offense obstruct ingress or egress
from a public building. Under settled interpretation of the First Amendment,
what should be the primary charge against Mary?
A. Mary can be arrested for destroying an American flag
B. Mary can be arrested for refusing to move on
C. Mary can be arrested for causing an obstruction of ingress and
egress to a public building *
D. On these facts, Mary cannot be arrested at all
43. A group of anti-war protestors deliberately obstructed the entrance to an army
induction center to prevent inductees from entering. When an officer attempted to remove
the protestors, Joe, who was the leader of the group: "You white son of a bitch, if
you come one inch closer, I’ll choke you to death and cut you up into pieces."
The officer arrested him under a statute which prohibited use "opprobrious words or
abusive language." Joe was convicted and appealed, claiming that his conviction
violated the First Amendment.
A. The court should reverse Joe’s conviction because the statute
under which he was convicted is unconstitutionally vague and imprecise *
B. The court should reverse Joe’s conviction because Joe was
arrested for speech that was protected by the First Amendment
C. The court should reverse Joe’s conviction because the officer
had no authority to ask Joe to move
D. The court should reverse Joe’s conviction because words spoken
to a police officer can never be considered as a factor in making an arrest
decision
44. All but one of the following ordinances are unconstitutional. Which ordinance is
constitutional?
A. an ordinance outlawing posting of yard signs in residential
neighborhoods
B. an ordinance making it a crime to speak contemptuously of the mayor
or members of the board of aldermen
C. an ordinance making it a crime to place graffiti on public
buildings *
D. an ordinance making it a crime to use profane language in public
45. The Fourth Amendment does not mention the term:
A. seizure
B. arrest *
C. warrant
D. probable cause
46. Reasonable suspicion is necessary to:
A. stop a motor vehicle at a fixed checkpoint
B. issue a traffic citation
C. frisk a person for a weapon *
D. ask a person for permission to search his or her luggage
47. No level of suspicion is required to:
A. detain a person’s luggage and subject it to a canine narcotics
detection examination
B. approach a person on a public street and ask for
identification *
C. stop a motorist to check his or her driver’s license
D. detain a person for less than 15 minutes
48. The test for whether a police officer has made a show of legal authority is:
A. whether the officer succeeds in bringing the suspect physically
under his or her control
B. whether the officer intends to make an arrest
C. whether the officer draws a gun
D. whether a reasonable person in the suspect’s position would
feel free to disregard the officer’s request and leave *
49. All but which of the following constitutes a seizure?
A. An officer yells "stop in the name of the law" and fires
a warning shot, but the suspect continues running *
B. A police officer activates a siren and lights and pursues the
suspect’s car. The suspect pulls over
C. A police officer sees a woman shoplift a pack of cigarettes. He
approaches her, grabs her by the arm, and says: "Open your purse. I want to see what
you put in it." The woman complies
D. A police officer pounds on the suspect’s door for several
minutes, repeating in a loud voice, "Open up! This is the police." The suspect
opens the door
50. Reasonable suspicion:
A. must be based on the officer’s direct personal
observation
B. cannot be based on information learned after a seizure
occurs *
C. requires that the officer be aware of facts and circumstances that
would a warrant a reasonably cautious person in believing that the person stopped has, is,
or is about to commit a crime
D. may not be based solely on an informant’s tip
51. An investigative stop may not:
A. last longer than 15 minutes
B. be made for past crimes *
C. be made in locations besides public streets and sidewalks
D. be made based on an unverified anonymous tip
52. During an investigative stop, police may not:
A. draw weapons or use handcuffs
B. move the detainee from the location of the stop
C. search the detainee for anything other than weapons without the
detainee’s consent *
D. detain the suspect for more than 30 minutes
53. The "plain feel" doctrine:
A. is an exception to the rule that police may not seize objects other
than weapons during an investigative stop *
B. was announced in Terry v. Ohio
C. applies only during pretextual traffic stops
D. is an exception to the rule that police must knock and announce
their presence before making a nonconsensual entry into a private residence
54. After a lawful traffic stop, police may routinely:
A. search the trunk of the vehicle
B. order the driver and all passengers to exit the vehicle for the
duration of the stop *
C. frisk the driver and all passengers
D. detain the driver for up to 30 minutes
55. An arrest occurs as a matter of law whenever the police:
A. chase a suspect
B. fire a warning shot at a fleeing suspect
C. frisk a suspect without his or her consent
D. take a suspect to the police station without his or her
consent *
56. Police must always execute which of following acts in order to effectuate an
arrest?
A. Take the suspect to the police station for booking
B. Expressly inform the suspect that he or she is under
arrest
C. Seize the suspect *
D. Prepare a sworn affidavit
57. The Fourth Amendment requires an arrest warrant:
A. to arrest for a misdemeanor not committed in the officer’s
presence
B. whenever it is practicable for the officer to obtain one
C. before making a nonconsensual entry into a hotel room to arrest
someone inside *
D. before a suspect may be taken to the police station
58. An arrest warrant will not protect an officer against liability for making an
unconstitutional arrest if:
A. the warrant is not served within 30 days after it is
issued
B. the officer deliberately or recklessly includes false information
in his or her affidavit for a warrant *
C. the warrant is not in the officer’s possession and shown to the
person arrested at the time of the arrest
D. the arrestee is not taken before a magistrate for a post-arrest
probable cause hearing within 48 hours after the arrest
59. A post-arrest probable cause determination by a magistrate is required:
A. within 12 hours after an arrest
B. only for arrests that are made without probable cause
C. only when a person is arrested without a warrant and not released
on bail *
D. only when a person is arrested inside a private residence
60. In evaluating whether probable cause exists for the issuance of an arrest
warrant, the judge will:
A. identify all the facts and circumstances known to the officer, view
them in combination, and evaluate their evidentiary significance in the way a trained
police officer would *
B. disregard information received from an informant unless the
informant is brought before the judge and testifies in person
C. require more or stronger evidence than would be required if the
officer made the arrest without a warrant
D. require more or stronger evidence for a misdemeanor arrest warrant
than for a felony arrest warrant
61. The Fourth Amendment expressly requires that arrest warrants:
A. be executed within 30 days after issuance
B. contain a particularized description of the person to be
arrested *
C. contain a particularized description of the officer who is
authorized to execute the warrant
D. contain a particularized description of the offense
charged
62. Assume that police have probable cause to arrest a man who is nicknamed
Sticky-Fingered Sam, but whose real name is Sam M. Wanna. Police know Sam’s nickname
and that he lives in a five-unit apartment building on 112 North Street, but mistakenly
believe that his real name is "Sam Cook." Which of the following descriptions of
the intended arrestee is most likely to be regarded as adequate to satisfy the Fourth
Amendment?
A. "Sticky-Fingered Sam who lives at 112 North St."
*
B. "Sam Cook"
C. "John Doe, alias Sam"
D. "Occupant, 112 North St."
63. Sticky-Fingered Sam lives in an apartment at 112 North Street, which he shares
with his sister Mary Wanna. Sam is wanted by the police for theft. Having no luck finding
Sam abroad, the police decide to arrest Sam inside his apartment. Which of the following
warrant(s) must the officers obtain before going to Sam’s apartment to arrest him?
A. an arrest warrant *
B. both an arrest and a search warrant
C. a search warrant
D. an arrest warrant and a forcible entry warrant
64. Which of the following best describes the good faith exception?
A. if an officer actually but mistakenly believes that he or she is
conforming to the search and seizure law, the evidence seized will nevertheless be
admitted
B. if an officer exceeds the boundaries of a Terry search by delaying
too long before allowing the suspect to leave, but believes that the detention is within
the time restrictions, then any evidence uncovered by searching the suspect will be
admissible
C. if a judicial officer makes a good faith probable cause
determination and approves a search warrant, and the officer, relying on that search
warrant, makes a good faith search, the evidence is admissible regardless of whether the
warrant is later invalidated *
D. even if an officer relies in good faith upon a state statute in
making a search, the evidence is not admissible if the Supreme Court later finds that the
statute is unconstitutional
65. Which of the following best describes the "inevitable discovery" exception to the exclusionary
rule?
A. if the government can show that the discovery of the evidence by
lawful means was inevitable, the evidence will be admissible even though it was initially
discovered unconstitutionally *
B. if the defense can show that the evidence was obtained in violation
of the Constitution, that evidence is not admissible even though the contested evidence
would have been discovered by lawful means in the absence of police misconduct
C. the exclusionary rule does not apply if the officer made an illegal
search but later obtained a search warrant that particularly described the evidence
seized
D. if the inevitable discovery exception is to apply as an exception to
the exclusionary rule, the government must show beyond a reasonable doubt that the contest
evidence would have been discovered by lawful means
66. Which of the following is true about searches after police make an in-home
arrest?
A. If an arrest is made in the living room of a home, officers cannot
enter other parts of the home
B. The Fourth Amendment permits a cursory visual inspection of the
home to ensure that others are not lying in wait to attack the officers *
C. The police may make a check of the residence for persons that might
pose a threat to those on the scene, but cannot seize any evidence outside the immediate
area of the arrest
D. The "murder scene exception" to the exclusionary rule
authorizes a search of the entire residence when there is probable cause to believe that a
murder has taken place in any part of the residence
67. Which of the following best describes the "vehicle"
exception to the search warrant requirement?
A. Officers may look inside open containers, but must obtain a search
warrant if the container is locked
B. The vehicle exception does not apply to motor homes
C. Officers may search the interior of the passenger compartment but
may not open the trunk
D. Officers may search a locked container in an automobile if they
have probable cause to believe it holds seizable evidence *
68. Suppose that police are trying to prove that Ralph Riefer is a drug courier for
a major Colombian cartel. Assuming that there is probable cause to believe that Ralph has
at least trace amounts of cocaine in his car, in which of the following situations have
police violated the Fourth Amendment?
A. Police obtain a warrant to search Ralph’s car for drug residue,
vacuum the trunk, and test for the presence of cocaine
B. Police have no warrant, but detain Ralph briefly while using a
Dustbuster to vacuum the passenger compartment
C. Police open a locked briefcase located in a locked footlocker in
Ralph’s trunk to see if it contains cocaine residue
D. Police obtain a search warrant for Ralph’s car and stop him in
transit. In addition to searching Ralph’s car, police also search his girlfriend for
evidence of drugs *
69. Which of the following is most true about the Terry exception to the warrant
requirement?
A. A frisk or search is allowed, but there must be probable cause for
an arrest
B. Guns and knives may be seized, but no other non-dangerous articles
may be seized
C. The frisk authorized is only for the protection of the officer and
is limited to a patting down rather than a full-scale search *
D. To protect the officer and to avoid destruction of evidence, the
person may be searched to the intensity necessary to discover contraband
70. If Ralph Riefer fits a drug courier profile and is about to leave the
jurisdiction with his luggage on a flight to Casablanca, police may take all of the
following actions except:
A. Police can seize Ralph’s luggage pending issuance of a search
warrant, but must allow Ralph to board the flight
B. Police may detain Ralph long enough to have his person examined by a
narcotics detection dog, and can arrest him if the dog alerts
C. Police can detain Ralph and question him *
D. Police cannot detain either Ralph or his luggage without probable
cause because he will miss his plane, but can call authorities in Casablanca to have Ralph
questioned when he arrives
71. While executing a search warrant for narcotics in Sam’s home, Mary Wanna
walks out of a bedroom, says that she is Sam’s sister, and demands to see a copy of
the search warrant. Police may:
A. refuse to show her the warrant because she has no proof that the
home belongs to her
B. tell her that they will show her the warrant only if she consents to
let them search her purse
C. search her purse even without her permission
D. prevent her from leaving the premises while they are conducting the
search *
72. Which of the following statements about the seizure of non-deadly weapons during
a Terry pat-down search is most true?
A. The seizure of contraband other than weapons is not justified
because a Terry search is designed for protection only
B. If, during a pat-down search for weapons, an officer feels something
suspicious, seizes it, and then determines that it is contraband, that seizure may be
upheld under the search incident to arrest exception
C. The officer who is justified in making a pat-down search for weapons
under the Terry rule may seize nonthreatening contraband even if he or she does not
immediately recognize that it is contraband
D. If an officer feels an object whose contour and mass make its
identity as contraband immediately apparent, it may be seized
73. When making an in-home arrest under the authority of an arrest warrant, police
may search all of the following except the:
A. arrestee’s person
B. area under the arrestee’s immediate control
C. surrounding rooms of the home to see if the arrestee hid evidence
there *
D. surrounding rooms of the home, but only to ensure that no attackers
are there
74. In which of the following circumstances would police not be required to obtain a
search warrant?
A. Before rooting through a suspect’s garbage cans in his garbage
shed
B. Before searching a locked briefcase in the trunk of a car
*
C. Before searching a public restaurant after hours
D. Before seizing the material necessary to create a bomb from the
defendant’s home
75. If Tillie Turncoat informs police that Sam is growing a half-acre of marijuana
in the woods behind his garage, police may enter the woods:
A. and seize the plants even if they have no warrant *
B. to confirm Tillie’s tip, but must obtain a search warrant
before seizing the plants
C. and seize the plants, but only if they first obtain a search
warrant
D. to confirm Tillie’s tip and search Sam’s garage for
gardening tools suggesting that he is responsible for cultivating the plants, all without
a warrant, but only if Tillie has long been a source of reliable tips
76. If police receive a tip from a reliable informant at the UPS office that a
package shipped from a Mexican address to Ralph Riefer, a known drug dealer, feels like it
contains marijuana, which of the following would be the best way to proceed?
A. Police should tell the UPS officer to deliver the package, but keep
Ralph’s home under surveillance for any signs of drug activity
B. Police should tell the UPS officer to hold onto the package while
they drive to his office with a narcotics detection dog, even if it means that delivery
will be delayed by almost one full hour *
C. Police should tell the officer not to deliver the package and then
proceed to obtain a search warrant as quickly as possible
D. Police should first tell the UPS officer to deliver the package and
then obtain a search warrant for Sam’s home
77. If police search Sam’s home in violation of the Fourth Amendment and find a
bong labeled "Property of Mary Wanna," the bong is admissible in evidence in all
of the following circumstances except:
A. It is admissible at Mary’s trial to prove that she owned
illegal paraphernalia
B. It is admissible at Sam’s trial to prove that he possessed
illegal paraphernalia *
C. It is admissible to impeach Sam if he takes the stand at Mary’s
trial and testifies that the bong did not belong to Mary
D. It is admissible to impeach Mary if she takes the stand at her own
trial and testifies that the bong belonged to Sam
78. While executing a valid search warrant for contraband in Ralph Riefer’s
home, police notice a wad of $100 bills sticking out from Sam’s sock drawer and
packaged in the style used by most drug sealers. Police may do all of the following
except:
A. open the drawer and unbundle each pair of socks
B. seize the wad of hundreds
C. seize all money found in the drawer regardless of the
denomination *
D. continue to search the entire home, keeping a look out for more $100
bills
79. Police have probable cause to believe that Ralph is transporting several kilos
of heroin in a backpack. If they stake out his usual drug courier route and spot him
walking down the street with the bag, which of the following would be the best option?
A. Follow him until he gets into a car and then search the
backpack
B. Arrest him and then search the backpack incident to a custodial
arrest *
C. Arrest him and then inventory the bag if the arraigning magistrate
finds probable cause for the arrest
D. Keep Ralph under surveillance while a fellow officer applies for a
search warrant
80. Uniformed police officer receive a tip from a reliable informant that Ralph
Riefer is selling crack to teenagers out of his home. While staking out the house, they
see a car full of teenagers pull up to the curb and park without putting any coins in the
meter. Which of the following may they do?
A. Search the car if all of the occupants go inside and leave it
unattended
B. Impound the vehicle and then search it
C. Look in through the windows of the car and enter the house without
a warrant to secure the premises if one of the youths sees them doing so *
D. Look in through the window of the house and enter without a warrant
if they see drugs inside
81. Suppose that police arrive at the scene of a car accident. The car is too
damaged to drive and police believe that the motorist is intoxicated. They see no liquor
in the passenger compartment. Under which of the following exceptions might police be able
to make a warrantless search of the trunk?
A. the vehicle exception
B. the search incident to arrest
C. the Terry exception
D. the inventory exception *
82. Under federal law, an officer may intercept a communication under all of the
following circumstances except: a. pursuant to an interception order and with
prosecutorial supervision. b. without prosecutorial supervision if there is voluntary
consent of (or notice to) one or both of the parties.
A. pursuant to an interception order and with prosecutorial supervision
B. without prosecutorial supervision if there is voluntary consent of
(or notice to) one or both of the parties
C. in conjunction with free zone eavesdropping
D. so long as he or she has probable cause and is able to hide the
interception device without intruding upon a protected location *
83. If a state has a statute that is more restrictive than the federal law on the
requirements for interceptions:
A. it need not be followed by state or federal officers because federal
laws apply to the states
B. it must be followed by both state and federal officers while
conducting investigations in that state
C. it must be followed by state officers but federal officers
investigating federal violations are not required to follow state law *
D. the evidence may be used in state or federal court if federal
officers followed Title III, but the federal officers may be prosecuted by the
state
84. Under federal law, it is lawful for an officer to conduct eavesdropping
surveillance in all of the following ways except:
A. if the officer obtains the consent of a resident of private premises
to hide inside and eavesdrop on others’ conversations
B. if the officer eavesdrops on a conversation in public by standing
close enough for the speakers to see him or her
C. if the officer eavesdrops on a conversation in public but hides
behind a nearby plant and cannot be seen by the speakers
D. in order to hear, the officer places a glass on the door to the
speaker’s private premises *
85. If an officer participating in an interception under prosecutorial supervision
hears a conversation about a crime not specified in the interception order, he or she
should:
A. cease intercepting it immediately
B. continue to intercept it, but inform the prosecutor and his or her
superiors about the new evidence *
C. call the judge issuing the interception order and ask for that
judge’s directions
D. interrupt the conversation and inform the parties that their
conversation is being recorded
86. Under federal law, before engaging a suspect in a conversation while secretly
recording it, an officer should:
A. obtain an interception order
B. identify him or herself as an officer of the law
C. make sure that the recording equipment is in working order
*
D. inform the suspect that the conversation may be
intercepted
87. Police may install a pen register device:
A. so long as they do not physically intrude upon protected premises
B. if it will record only the numbers dialed from a particular phone
and not the content of the conversation
C. if they follow specific statutory procedures that apply to the use
of pen registers *
D. at any time, because there is no reasonable expectation of privacy
in dialed telephone numbers
88. If an officer who is involved in interception operations to investigate insider
stock trading crimes, overhears a conversation that the stock market will drop 500 points
the following day, he or she must:
A. not take any action
B. not inform friends or family of the information so that they may
remove their money from the market *
C. inform the securities and exchange commission immediately
D. inform the newspapers so that the general public will all have equal
access to the information
89. Under federal law, it would be legal for an officer to use a tape recorder to
record a conversation in all of the following circumstances except by:
A. placing a recorder in his or her pocket to record a conversation to
which he or she is a party
B. having an undercover informant place a recorder in his or her pocket
to record a conversation to which the informant is a party
C. obtaining permission from the proprietor of a hotel to hide the
recorder in a room rented to two suspected drug dealers *
D. hiding the recorder in his or her office to record a conversation
between the officer and two suspected criminals
90. An electronic communication under the Title III of the Omnibus Crime Control and
Safe Streets Act is protected from interception without an interception order under all of
the following circumstances except when:
A. the parties to the communication take no affirmative steps to
protect the privacy of the communication
B. an undercover officer impersonates the intended recipient of the
communication *
C. the transmission takes place across a communications network that is
open to members of the general public
D. the parties take painstaking efforts to protect the privacy of the
communication
91. Under which of the following circumstances would it be appropriate to hide a
tape recorder in order to intercept an oral communication without actually eavesdropping
on the conversation?
A. In the food court of a mall to record conversations that could be
overheard with the unaided ear
B. In the food court of a mall to record conversations that an
eavesdropper would not be able to overhear
C. In the back of a police car to record conversations that an officer
outside the car could not overhear *
D. It is never appropriate to hide a recording device without
simultaneously eavesdropping unless the police obtain an interception order
92. If an officer wishes to use an interception device to intercept a communication
without the consent of a party and without actual eavesdropping, he or she must:
A. obtain permission from the chief
B. obtain permission from the prosecutor
C. make sure he or she has probable cause before submitting an
affidavit to the court to obtain a search warrant
D. none of the above *
93. While using a wiretap to intercept telephone conversations, Officer Snoop
overhears a conversation about fixing races at the dog track. He learns that Dashing Daisy
is fixed to win the eighth race. Officer Snoop should:
A. call his bookie and bet everything on Dashing Daisy
B. continue to listen to the conversation *
C. continue to listen to the conversation, but only if the interception
order identifies race fixing as the crime under investigation
D. continue to listen unless the conversation is between the suspect
and his or her lawyer
94. Under federal law, it is appropriate to use a wiretap without prosecutorial
supervision and an interception order if:
A. at least one of the speakers is a consenting informant *
B. police make lots of clicking and coughing noises so that the parties
should know that someone is listening in
C. at least one of the telephone lines involved in the communication is
a government number
D. It is never appropriate
95. Under federal law, in which of the following circumstances would it be
appropriate for police to use an interception device without obtaining permission from a
prosecutor?
A. in any emergency
B. in an emergency, but only if it involves life or death
C. in a prison, in order to record telephone calls with outside
individuals *
D. in a prison, in order to record telephone conversations with persons
outside, but only if the person outside consents
96. The constitutional requirements that must be satisfied to procure an admissible
confession vary with the stage in the development of a criminal case during which the
police interview is conducted. The free and voluntary requirement applies during:
A. investigatory stops
B. custodial interrogations
C. interrogations conducted after a defendant has been formally
charged
D. during all three periods
97. Miranda procedural requirements apply during:
A. investigatory stops
B. custodial interrogations *
C. interrogations conducted after a defendant has been formally
charged
D. during all three periods
98. The free and voluntary requirement is derived primarily from the:
A. Fifth Amendment
B. Sixth Amendment
C. Eighth Amendment
D. Fourteenth Amendment *
99. Which of the following factors is relevant in deciding whether the
defendant’s confession was voluntary?
A. The defendant’s intelligence
B. The existence of threats or false promises
C. The location and duration of the interrogation session
D. All of the above *
100. The free and voluntary rule requires suppression of confessions:
A. obtained by private parties through force or threats of
force
B. obtained by police officers through promises of leniency in return
for a confession *
C. given by people with serious mental problems that impair their
ability to make rational choices
D. All three confessions are inadmissible
101. Before receiving a confession into evidence, the judge must hold a hearing
outside the jury’s presence to determine whether it was voluntary. Concerning which
party has the burden of proof and the quantum of evidence required, the Supreme Court has
ruled that:
A. The prosecution has the burden of proof and must establish by a
preponderance of the evidence that the confession was voluntary *
B. The prosecution has the burden of proof and must prove beyond a
reasonable doubt that the confession was voluntary
C. The defense has the burden of proof and must establish by a
preponderance of the evidence that the confession was involuntary
D. The defense has the burden of proof and must prove beyond a
reasonable doubt that the confession was involuntary
102. The Fourth Amendment exclusionary rule does not require suppression of all
confessions given subsequent to a police violation of a suspect’s Fourth Amendment
rights. Which of the following confessions is admissible despite the prior violation of
the suspect’s Fourth Amendment rights?
A. The suspect confesses during an investigatory stop conducted without
reasonable suspicion
B. The suspect returns to police headquarters one week after his
illegal arrest, while free on bail, and gives a confession *
C. The suspect confesses after the police illegally search his house,
discover stolen property, and show it to him
D. The suspect confesses after being arrested without probable cause,
taken to the police station, and administered Miranda warnings
103. A suspect was arrested on federal bank robbery charges, taken to FBI
headquarters, and read Miranda warnings. He stated that he understood his rights and
signed a written waiver. He confessed eight hours later, but was not taken before a
magistrate until noon the next day, even though magistrates were available. He was tried
in a federal court and moved to suppress his confession. Under contemporary federal law,
the confession must be:
A. suppressed because the FBI agents violated the McNabb-Mallory
rule
B. suppressed under the Miranda rule because the suspect’s waiver
of his Miranda rights was obtained during a period of unnecessary delay in taking him
before a magistrate
C. suppressed only if the court, after examining the totality of
circumstances surrounding the suspect’s confession, determines that his confession
was involuntary *
D. admitted, despite the delay in arraignment, because the confession
was made more than six hours after the suspect’s arrest on federal charges
104. The Supreme Court’s Miranda rule decision was based on:
A. the Fifth Amendment *
B. the Sixth Amendment
C. the Fourteenth Amendment
D. Rule 5(c) of the Federal Rules of Criminal Procedure
105. Police must observe the requirements imposed by the Miranda rule only when:
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. All three requirements are present
106. In which of the following situation(s) would the suspect be considered "in
custody" for Miranda warning purposes?
A. While being questioned during an investigatory stop
B. While being transported to the police station in a patrol car
subsequent to an arrest *
C. While being questioned in jail by a police undercover agent posing
as an inmate
D. In all three situations
107. Sam robs a bank and while speeding from the crime scene, loses control of his Jeep
and runs into a telephone pole. When the police, who had previously received a
bulletin about the bank robbery, arrive at the accident scene and see the bag of money in Sam’s car, they immediately
place him under arrest, frisk him, and then ask: "Where’s the gun?" Sam replied
that the gun was in his glove compartment. On the way to headquarters, Sam says: "How many years am I going to have to do for the bank robbery?"
His lawyer has moved for suppression since Miranda warnings were not administered
until he was inside headquarters. The court should suppress:
A. Sam’s statement to the police about the location of his
gun
B. Sam’s statement "How many years am I going to have to do
for the bank robbery?"
C. neither statement *
D. both statements
108. In which of the following situation(s) must Miranda warnings be administered?
A. Before asking an arrestee booking questions
B. Before telling an arrestee that his companion confessed and told
the police that he (the arrestee) was the one who pulled the trigger *
C. Before asking a suspected kidnapper who has just been captured where
the victim is and whether she is still alive
D. In all three situations
109. The Supreme Court has ruled that waivers of Miranda rights are not effective
unless:
A. warnings are administered in the exact language laid down by the
Supreme Court
B. the suspect signs a written "advice of rights and waiver"
form
C. the waiver is knowingly, intelligently, and voluntarily
given *
D. All of the above requirements are satisfied
110. Sam was arrested for burglary and taken to the police station. After Sam was
booked, Detective Johnson administered Miranda warnings. Sam stated that he understood his
rights, and proceeded to sign a written waiver. After answering several questions, Sam
said: "Maybe I should speak to a lawyer before I get myself in deeper." Under
established Supreme Court rulings, Detective Johnson:
A. may ignore Sam’s statement and continue asking questions until
Sam makes an unambiguous request for an attorney *
B. must ask questions to clarify whether Sam wants to invoke his right
to counsel
C. must immediately terminate the interview
D. may ignore Sam’s request to speak with an attorney because Sam
has waived his right to counsel for the duration of the interview
111. Sam was arrested for burglary and taken to the police station. On arrival,
Detective Johnson administered Miranda warnings. Sam stated that he understood his rights,
and proceeded to sign a written waiver. After answering several questions, Sam said:
"That’s enough questions. I’m not going to answer any more." Under
established Supreme Court rulings, Detective Johnson:
A. may ignore Sam’s statement because he signed a written
waiver
B. must immediately end the interrogation session and wait 24 hours
before attempting to question Sam again about the burglary
C. must immediately end the interrogation session, but may interrogate
Sam about a different crime after a break of several hours *
D. must immediately end the interrogation session and make no further
attempts to question Sam about any matter unless Sam initiates further
communications
112. There are several important differences between the Miranda (Fifth Amendment)
and the Sixth Amendment right to counsel. These differences include:
A. the Miranda right to counsel is offense-specific, while the Sixth
Amendment right to counsel is not
B. the Miranda right to counsel applies only when a suspect is
interrogated while in custody, while the Sixth Amendment right to counsel does not require
that the suspect be in custody *
C. the Miranda right to counsel may be waived, while the Sixth
Amendment right to counsel may not
D. the Miranda right to counsel applies during interrogations conducted
by police undercover agents, while the Sixth Amendment right to counsel is not
113. Police must observe the requirements imposed by the Sixth Amendment right to
counsel whenever they interrogate a suspect who:
A. is under indictment, about the indicted offense *
B. is incarcerated in jail at the time of the interrogation
C. has retained an attorney
D. has become the focus of a criminal investigation
114. A defendant who has been charged with an offense is protected by the Sixth
Amendment right to counsel only if:
A. he or she is in police custody at the time of the
interview
B. the interview relates to the charged offense *
C. the defendant makes a clear and unambiguous request for an
attorney
D. All of the above factors are present
115. The Supreme Court has ruled that a defendant under formal charges may give a
valid waiver of the Sixth Amendment right to counsel:
A. during police-initiated contact only if he or she has not yet
requested or retained counsel *
B. only during contact with the police that he or she
initiates
C. only after consulting with an attorney
D. only if the waiver is in writing
116. An inadmissible confession may be used for purposes of impeachment only if:
A. the confession was freely and voluntarily given
B. the defendant takes the witness stand at his or her trial
C. the defendant gives testimony at the trial that is contrary to his
or her pretrial confession
D. All of the above are present *
117. Supreme Court has ruled that a suspect who makes a voluntary confession without
receiving the requisite Miranda warnings is:
A. incapable of making an admissible second confession
B. incapable of making an admissible second confession without
consulting with an attorney
C. capable of making an admissible second confession only during
contact with the police that the suspect initiates
D. capable of making an admissible second confession after Miranda
warnings have been administered *
118. The Supreme Court has ruled that the fruit of the poisonous tree doctrine does
not apply to the fruits of confessions obtained in violation of:
A. the Fourth Amendment
B. the Sixth Amendment right to counsel
C. Miranda warning requirements *
D. any of the above
119. A confession given by one accomplice implicating another is not admissible as
evidence against the latter unless:
A. the confession was obtained in compliance with all constitutional
requirements
B. Miranda warnings were administered
C. the confession was given within six hours after the arrest
D. the accomplice who gave the confession appears and testifies at the
other’s trial *
120. The Fifth Amendment confers two different levels of protection. The level of
protection known as the "right to remain silent" is available:
A. only during custodial interrogations and for criminal defendants
during their trial *
B. only during custodial interrogations and grand jury
proceedings
C. only during criminal trials
D. in all legal proceedings, criminal or civil, formal or
informal
121. To receive Fifth Amendment protection, a person’s statement must be:
A. compelled
B. testimonial
C. capable of being used against him or her in a criminal
proceeding
D. All of the above *
122. The Fifth Amendment privilege against self-incrimination provides no protection
against:
A. seizure of voluntarily prepared personal papers under a search
warrant
B. compulsion to answer questions about crimes for which the person was
previously tried and acquitted
C. compulsion to furnish a handwriting sample
D. Any of the above *
123. The Fifth Amendment privilege against self-incrimination does not:
A. apply in civil proceedings
B. provide a defense for failure to file an income tax return even
though truthful answers to questions asked on the return could subject the taxpayer to
criminal prosecution *
C. allow the prosecutor to cross-examine a criminal defendant who
chooses to take the witness stand and testify
D. allow the government to compel testimony without granting a person
absolute immunity from prosecution for any crime revealed during compelled
testimony
124. Use (including derivative use) immunity:
A. exempts a witness from prosecution for crimes about which testimony
is given
B. prevents the prosecution from using any testimony, either directly
or derivatively, against the witness in a subsequent prosecution *
C. may be granted by a police officer with the prior written approval
of the chief of police
D. binds only the government that grants it. Thus, the federal
government is not barred from using testimony compelled by a state government under a
grant of immunity and vice versa
125. In Schmerber v. California, the Supreme Court ruled that compelled submission
to a blood test to determine alcohol content does not violate a defendant’s Fifth
Amendment privilege against self-incrimination. The reason for the court’s holding
was:
A. the extraction of blood and chemical analysis does not involve
testimony *
B. testing blood-alcohol content is not incriminating
C. the Fifth Amendment privilege against self-incrimination did not
apply because the police had probable cause to believe that Schmerber was
intoxicated
D. the Fifth Amendment privilege against self-incrimination does not
apply when police lack the time to seek out a magistrate and obtain a search
warrant
126. Which of the following lists includes only appearance evidence?
A. Voice, handwriting, hair sample, strip search
B. Voice, handwriting, fingerprints, lineup *
C. Voice, handwriting, saliva, confession
D. Voice, handwriting, blood sample, field sobriety test
127. Miranda warnings must be administered to suspects who have been taken into
custody before:
A. photographing and fingerprinting them
B. requiring them to participate in a lineup
C. questioning them about the crime for which they were
arrested *
D. doing any of the above
128. During a lawful Terry stop, police may:
A. take the detainee to the police station for questioning
B. take the detainee to the police station for participation in a
lineup
C. fingerprint the detainee at the stop location *
D. perform none of the above
129. Police should obtain a warrant before compelling a suspect to undergo all but
one of the following procedures:
A. Performing a body cavity search for contraband believed to be
secreted inside rectal or genital cavities
B. Compelling production of a semen sample
C. Withdrawing blood to test for alcohol intoxication *
D. Withdrawing blood to perform a DNA analysis
130. Strip searches:
A. involve a search of rectal or genital cavities, accompanied by
manual touching or probing
B. violate the Fourth Amendment unless police have reasonable
suspicion that the person arrested has drugs, weapons, or dangerous contraband concealed
on his or her body *
C. must be performed in a medical setting by a trained medical
professional
D. are classified as appearance evidence
131. All of the following statements about the indigent’s right to appointed
counsel are true, except:
A. The indigent has a right to have counsel appointed to represent him
or her in any situation in which a non-indigent would have a right to have retained
counsel present
B. If an indigent wishes to have appointed counsel present during an
interrogation, police must cease all activities until the attorney of the defendant’s
choice has been appointed and is present *
C. The indigent has a right to have counsel represent him during his or
her first appeal of the conviction and the sentence
D. The indigent has a right to have counsel appointed in all cases
other than misdemeanors when only a fine is imposed
132. All of the following would be violations of the Sixth Amendment, except: a.
Police initiate interrogation of an accused after he or she has indicated a desire to
speak with counsel.
A. Police initiate interrogation of the accused after he or she has
indicated a desire to speak with counsel
B. Police allow counsel to attend an interrogation, but do not honor
his or her objections to specific questions
C. Police refuse to allow counsel to observe crime lab tests of a
semen sample taken from his or her client so that he or she will be better able to
challenge the trustworthiness of the test procedures *
D. Police tell a non-indigent defendant, "You can call your lawyer
if you want, but if he isn’t here when we’re ready to do the interrogation
we’ll start without him," and then start the interrogation without counsel being
present
133. If police conduct a witness identification procedure in violation of the Sixth
Amendment or due process clause, the identification must be suppressed and the witness is
presumptively incompetent to testify. Under which of the following circumstances would a
witness not be presumptively incompetent to testify?
A. Police force the defendant to participate in a lineup using
appointed counsel rather than the attorney he has retained, so that the lineup can be
completed before the weekend begins
B. Police present the suspect, a swarthy middle-aged brunette, in a
lineup consisting of only redheaded teenagers
C. Police force the suspect to leave his house, and accompany them to
the station for a lineup even though they have no warrant and do not have sufficient facts
for probable cause to arrest him *
D. Police use a showup under circumstances that make it unreasonably
suggestive
134. If a defendant wishes to represent him or herself at trial, the trial court
must:
A. appoint an attorney to sit with him during trial anyway
B. permit him to do so, but only if he appears competent to waive his
Sixth Amendment rights *
C. permit him to do so even though he appears completely
incompetent
D. appoint an attorney only for purposes of questioning the defendant
if he chooses to take the stand because he cannot both question himself and testify at the
same time
135. If police wish to interrogate a 16-year-old arrestee about his participation in
a drug-dealing enterprise, the best practice would be to:
A. not question him unless counsel is present
B. have him sign a voluntary waiver of rights and take extra care to
explain the significance of it to him
C. ask his parent or guardian for permission
D. give him Miranda warnings and ask him to waive those rights but
have his parents be present at the time *
136. Under which of the following circumstances would it be permissible for police
to listen in on a conversation between an accused and his or her attorney and then turn
the information over to the prosecutor?
A. By placing a wiretap on the attorney’s phone from a position
outside any protected premises
B. While standing guard over an accused in a jailhouse meeting with his
or her attorney
C. While the two are having a conversation in a public
location
D. none of the above *
137. In which of the following circumstances would it be inappropriate for a court
to allow an in-court identification by an eyewitness to the crime?
A. The witness had only a brief opportunity to view the perpetrator and
has never participated in a pretrial identification to see if she can identify the
defendant
B. The witness had only a brief opportunity to view the perpetrator,
but was able to pick the defendant of a lineup after some coaching by police *
C. The witness was unable to pick the defendant out of a
lineup
D. The witness picked the defendant out of the lineup, but admits that
she’s not 100 percent sure
138. In which of the following circumstances should police allow a defendant to have
counsel with him or her? a. While drawing blood for DNA evidence. b. While drawing blood
for DNA evidence, but only if the defendant has already been charged in the case.
A. While drawing blood or DNA evidence
B. While drawing blood for DNA evidence, but only if the defendant has
already been charged in the case
C. When taking his or her picture for a photographic lineup.
D. none of the above *
139. In which of the following circumstances must a court exclude evidence of an
out-of-court identification?
A. When police have used a showup instead of lineup or
photographic identification
B. When police have refused to allow counsel participate in a
post-prosecutorial photographic identification
C. When police have refused to allow counsel be present during a showup
D. When police have coached the witness about whom to pick out of a
photographic array, but prior to the initiation of prosecution *
140. In which of the following circumstances would it be appropriate to use a showup
identification?
A. Police apprehend a suspect near the scene of the crime shortly
after commission of the crime *
B. Police take a description from the eyewitness and have probable
cause to believe that she is describing a known suspect
C. The witness refuses to go to the police station for a
lineup
D. Police are unable to find any volunteers to participate in a
lineup
141. In which of the following circumstances would it be appropriate for police to
force a suspect to wear appearance-altering material such as wigs or false facial hair,
when participating in a lineup?
A. Only when strictly necessary to make the suspect conform more to the
witness’ initial description
B. Only if the suspect altered his appearance between the time of the
crime and his apprehension *
C. Never. Police may only force the suspect to wear appearance-altering
materials when taking his picture for a photographic identification
D. All of the time
142. Which of the following is never considered a critical stage of the prosecution?
A. A last-minute habeas corpus petition to stay enforcement of the
death penalty *
B. A lineup
C. A showup
D. Arraignment
143. Prior to the Supreme Court’s ruling in Gideon v. Wainwright, indigent
persons enjoyed all of the following rights to counsel except:
A. the right to have counsel of their choice appointed, but only if
they were illiterate or faced with a very serious sentence *
B. the right to retain counsel if a member of their family paid for
it
C. the right to have counsel appointed to represent them at trial if
they were unable to represent themselves
D. the right to have counsel appointed to represent them if they were
unable to afford one, if they were being tried in federal court
144. Under which of the following circumstances must a conviction be overturned?
A. If the court refuses to let the defendant represent himself as
co-counsel with his retained attorney
B. If the court refuses to let the defendant defend himself as
co-counsel with an appointed attorney
C. If the court refuses to appoint an attorney, regardless of his or
her ability to pay
D. If the court refuses to let the defendant defend himself because he
is unable to afford retained counsel *
145. A conviction obtained in a trial during which the defendant’s counsel
renders incompetent assistance must be overturned:
A. only if the court should have known that the assistance was
incompetent and failed to rectify the situation
B. only if the court-appointed counsel was incompetent in
fact
C. whenever appointed or retained counsel renders ineffective
assistance
D. only if the defendant can show that he or she would have been
acquitted or would have received a lighter sentence had the representation been
adequate *
146. Protection against double jeopardy is provided in the:
A. Fourth Amendment
B. Fifth Amendment *
C. Sixth Amendment
D. Eighth Amendment
147. In order to have double jeopardy protection against a second prosecution,
A. the first trial must end in acquittal
B. both prosecutions must involve a felony
C. both prosecutions must be brought under the same section of the
penal code
D. both prosecutions must be brought by the same sovereign entity for
the same offense *
148. The accused is placed in jeopardy (i.e., jeopardy attaches) when:
A. he or she is indicted
B. he or she is arraigned and enters a plea to the indictment
C. the jury is sworn or, in cases tried without a jury, when the judge
begins hearing testimony *
D. the jury returns a verdict
149. Notwithstanding the attachment of jeopardy, the accused can be retried for the
same offense when the first trial ends in a mistrial due to:
A. the death of a juror
B. the inability of jurors to reach a verdict
C. a request made by the defense
D. any of the above reasons *
150. An accused is not protected by the double jeopardy clause from being retried
for the same offense:
A. When the first trial ends in a conviction that is later set on
appeal because of errors committed at the trial
B. When the trial judge is forced to prematurely abort the first trial
for reasons of manifest necessity
C. When the accused requests and is granted a mistrial before a verdict
is reached
D. For any of the above reasons *
151. A defendant’s double jeopardy rights are violated if he or she is retried
for the same offense:
A. by the federal government after being acquitted in a state
court
B. by the same sovereign entity after a mistrial is granted for reasons
of manifest necessity
C. by the same sovereign entity after the jury at his first trial was
unable to reach a unanimous verdict
D. in none of these situations
152. The "same transaction" test:
A. is used by the federal courts and most state courts to determine
when charges brought under different portions of the penal code represent the same
offense
B. protects an accused against reprosecution only if his or her first
trial ends in an acquittal
C. requires the prosecutor to consolidate all criminal charges arising
out of the same act or transaction for trial in one proceeding *
D. requires the prosecutor to choose from amongst the various statutes
violated during the course of same criminal transaction one single statute on which to
bring charges
153. A masked bandit robbed a federally insured bank located in the State of New
York. John Smith was arrested by federal authorities and tried for this crime under the
federal bank robbery law. Under settled interpretation of the Fifth Amendment, the State
of New York may retry Smith:
A. for the same criminal acts under state law only if the federal trial
ends in an acquittal
B. for the same criminal acts under state law only if the federal trial
ends in a conviction
C. for the same criminal acts only if state and federal statutes both
require proof of one distinct element
D. for the same criminal acts under a state statute, even if the state
and federal statute are identical *
154. The Sixth Amendment is the source for which of the following groups of
safeguards:
A. The right to confront adverse witnesses, the right to a public
trial, and the right to a jury trial *
B. The right to a speedy trial, the right to a public trial, and
protection against cruel and unusual punishment
C. The right to a speedy trial, the right to a public trial, and the
prosecutor’s Brady duty to disclose evidence favorable to the defense
D. The right to a jury trial, the right to an impartial trial, and
protection against cruel and unusual punishment
155. The federal constitutional right to a speedy trial attaches when the:
A. crime is committed
B. authorities have enough evidence to satisfy the probable cause
standard for making an arrest
C. government determines to prosecute by obtaining an indictment or
filing formal charges *
D. jury is empanelled and sworn
156. All of the following considerations are relevant in evaluating whether an
accused has been denied the right to a speedy trial, except whether:
A. the police were dilatory in conducting the investigation and making
an arrest *
B. the accused is incarcerated or at large while awaiting
trial
C. defense witnesses have died, disappeared, or forgotten important
facts as a result of the delay
D. the defendant made a timely assertion of his or her right to a
speedy trial or sat idly by
157. The right to a public trial is guaranteed by which of the following amendments?
A. Fifth Amendment
B. Sixth Amendment *
C. Seventh Amendment
D. Eighth Amendment
158. The federal constitutional right to a public trial does not apply to:
A. petty offenses (i.e., those punishable by six months or less
incarceration)
B. ancillary pretrial proceedings
C. grand jury proceedings *
D. trials involving sexual abuse of children younger than 12
159. The right to confront adverse witnesses:
A. is guaranteed by the Fifth Amendment
B. is the source of the prosecutor’s Brady disclosure
duty
C. does not apply to petty offenses (i.e., those punishable by six
months or less incarceration)
D. guarantees the defendant the right to cross-examine prosecution
witnesses who testify against him or her at trial *
160. There are several constitutionally acceptable precautions that trial judges can
take to protect jurors in high-profile cases from being exposed to prejudicial news
accounts. These precautions include:
A. ordering the prosecutor, defense attorney, and witnesses to refrain
from making extrajudicial comments about specified aspects of the case *
B. barring media representatives from attending the trial
C. ordering media representatives to refrain from publishing stories
about the case
D. sequestering media representatives while the trial is in
progress
161. The American Bar Association has established a set of guidelines governing the
pretrial release of information about pending criminal cases (ABA Standards on Fair Trial
and Free Press). The ABA guidelines recommend that police officers refrain from making
public comments about which of the following?
A. A defendant’s prior criminal record
B. The outcome of examinations or laboratory tests
C. The defendant’s refusal to make a statement
D. All of the above *
162. Another name for the trial jury is the:
A. petit jury *
B. jury venire
C. grand jury
D. voir dire
163. The trial jury, as it evolved at common law, possessed all but which of the
following characteristics:
A. The jury had 12 members
B. All jurors had to be older than 30 *
C. The jurors listened to testimony given under oath in open
court
D. The verdict had to be unanimous
164. The Supreme Court has ruled that the federal constitutional right to trial by
jury does not apply to:
A. the sentencing phase of a criminal case
B. military proceedings
C. petty offenses carrying a maximum punishment of no more than six
months’ incarceration
D. any of the above *
165. Which of the following would violate a state criminal defendant’s federal
constitutional right to trial by jury:
A. Trying a defendant before a jury panel from which women have been
systematically excluded *
B. Trying a defendant before a jury of seven persons
C. Authorizing a conviction by a verdict that is not
unanimous
D. None of the above
166. To establish that the prosecutor committed a Brady violation, the defendant
must prove that:
A. the evidence withheld was favorable *
B. the prosecutor was personally aware of the existence of the
evidence
C. defense counsel specifically requested the evidence
D. the defendant would have been acquitted had the evidence been
disclosed
167. Prior to trial, the defendant’s counsel requested production of the
results of any tests run on fingerprints found on the murder weapon. The prosecutor
advised the defense that no fingerprint test had been run on the weapon. In which of the
following cases would the defendant be entitled to a reversal of his or her conviction?
A. Fingerprints were found on the murder weapon and tests performed on
the fingerprints established that the fingerprints did not belong to the defendant, but
police failed to inform the prosecutor and the prosecutor was unaware of the
test *
B. When the police retrieved the murder weapon at the crime scene, they
negligently handled it, destroying the fingerprints on it and preventing tests from being
run
C. Police lost the murder weapon before running tests on it
D. Fingerprints were found on the murder weapon and the tests performed
on the fingerprints revealed that the fingerprints belonged to the defendant
168. The prohibition against cruel and unusual punishment is contained in the:
A. Fifth Amendment
B. Sixth Amendment
C. Eighth Amendment *
D. Fourteenth Amendment
169. Assume that Congress is thinking about changing the penalty for the crime of
military desertion during a war. Which of the following penalties would involve cruel and
unusual punishment?
A. The death penalty
B. Loss of citizenship
C. Twenty years in prison, in chains, with no visitation
D. All of the above *
170. The Supreme Court has devised a number of procedural requirements that must be
satisfied before the death penalty may be imposed. These requirements include all of the
following, except:
A. The sentencer must be given discretion to withhold the death penalty
when mercy is justified
B. The sentencer must be provided with clear, concrete, and objective
criteria to guide their sentencing discretion
C. The sentencer must be permitted to hear all relevant mitigating
evidence that might induce it to show mercy
D. The death penalty may not be imposed on any offender who has not
committed at least three other violent crimes *
171. The Supreme Court has ruled that the death penalty may not be imposed on:
A. mentally retarded offenders with a mental age of younger than seven
years
B. offenders younger than 16 years of age at the time of the
crime *
C. first-time offenders
D. any of the above
Last updated: 06/25/03
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