BCJ 240 Procedures In the justice system

Philip V. Moore
BCJ 240
Procedures In the justice system
18. Illegally seized evidence or statements may be introduced or used for each of the following
hearings or purposes, EXCEPT ___________.
a. alien deportation
b. formulating a grand jury question
c. impeaching a witness
d. parole revocation
19. Each of the following statements regarding the majority opinion in United States v. Leon
(1984) is correct, EXCEPT ____________.
a. the Fourth Amendment is not concerned with constitutional violations by judges
b. deterrence is the only reason for the exclusionary rule
c. the search in the case violated the Fourth Amendment
d. the exclusionary rule exacts substantial social costs
20. The affidavit in Spinelli v. U.S. (1969) included every element EXCEPT ___________.
a. Spinelli crossed a bridge every day and went to the same apartment
b. Spinelli had a reputation as a “bookie”
c. the apartment had two telephones
d. Spinelli’s bookmaking calls were recorded
21. The majority opinion in Illinois v. Gates (1983) _____________.
a. stated that probable cause exists under the new totality-of-the-circumstances test.
b. upheld the two-prong test
c. stated that the informant’s basis of knowledge is unimportant
d. found anonymous informants to be especially untrustworthy
22. Which of the following statements is INACCURATE in regards to the plain view doctrine?

a. Plain view may be based on information apparent to any of the senses.
b. Plain view must be based on probable cause.
c. The item in plain view must be immediately apparent as contraband or evidence.
d. A plain view search must be inadvertent.
23. An argument used in courts to oppose the “plain feel” rule was ____________.
a. extending reasons to justify police searches undermine civil liberties
b. the sense of touch is not as sensitive as sight
c. the rule was not contemplated by the framers of the Fourth Amendment
d. the police use plain feel discriminatorily against minorities
24. The ruling of Arizona v. Hicks (1987) stands for the proposition that ____________.
a. knowledge of contraband revealed by plain view must be immediately apparent
b. a cursory inspection by police is constitutional
c. reasonable suspicion supports plain view searches
d. a plain view search must be inadvertent
25. The justifications for the open-field rule do NOT include which of the following?
a. the Fourth Amendment protects “effects”
b. open-fields are property
c. the common law distinguished between open fields and the curtilage
d. posting land does not provide the same protection as the enclosure of a house
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BCJ 240 Procedures in the Justice System
26. The Supreme Court has ruled which of the following kind of police search unconstitutional
without a warrant?
a. the overflight of a home’s backyard by a low-flying, fixed wing airplane
b. the overflight of a home’s backyard by a helicopter

c. the search of real estate near a person’s barn, 50 yards from the owner’s home
d. Using a device to detect heat emanating from a house
27. The decision in Kyllo v. United States (2001) was based on which proposition?
a. the interior of the house was searched
b. drugs are a social scourge and detecting them promotes public health and safety
c. Heat is not included within the plain view doctrine
d. Heat was detected off the wall
28. Which of the following statements about consent searches is INACCURATE?
a. The burden of proof to prove the voluntariness of consent is on the defendant.
b. A person cannot consent to a search when police assert they have a search warrant.
c. Consent to search depends on all the facts and circumstances in a case.
d. A police officer need not inform a person that he has a right to refuse to consent.
29. Under which scenario is a person NOT arrested?
a. Police shoot a fleeing armed robber without telling him he’s under arrest.
b. Police yell to a fleeing armed robber that he is under arrest.
c. Police set up a roadblock and a fleeing armed robber’s car slams into it.
d. A swarm of police officers surround and block the movement of a suspect but do not
touch him or say anything.
30. A police officer has probable cause to arrest a man when the officer _____________.
a. knows of the man’s general reputation as a drug dealer
b. sees the man hanging around a street corner all day where illegal drugs are sold
c. receives a call from dispatch with the man’s description, a detailed description of his
car, and a report that he was seen leaving the scene of a robbery
d. Arrests the man’s friend for possession of stolen checks while the two are sitting in a
car
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BCJ 240 Procedures in the Justice System
31. A person who has been arrested must be brought before a magistrate, barring exigent
Circumstances ____________.
a. immediately
b. within 24 hours
c. within 36 hours
d. within 48 hours
32. The reason for the rule that a misdemeanor arrest made by a police officer is lawful if the
Misdemeanor occurred in the officer’s presence, and not upon probable cause, is
_____________.
a. misdemeanors often result from personal squabbles that could lead to false complaints
b. misdemeanors are not crimes at common law
c. allowing probable cause arrests for misdemeanors is too costly and inefficient
d. errors in misdemeanor arrests are not likely to deter police officer misconduct
33. A factor that was used by the majority in its decision in Scott v. Harris (2007) was that
_____________.
a. the high speed chase took place at night when few pedestrians were out
b. part of the chase occurred on a four lane road
c. Tennessee v. Garner (1985) was not precedent
d. police had the license plate number of the fleeing automobile
34. The Supreme Court upheld each type of checklane or roadblock as constitutional,
EXCEPT _____________.
a. to check the license and registration of drivers
b. to check the sobriety of drivers
c. to check whether the driver is transporting drugs

d. to gather information about a hit and run that occurred at the location
35. Dissenting justices in Illinois v. Caballes (2005) raised each of the following points,
EXCEPT ____________.
a. trained dogs are not infallible in sniffing for drugs
b. the practice will be extended to the use of drug sniffing dogs on city streets
c. the practice will lead to pretext stops of cars
d. the use of dogs extends the purpose of the original stop
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BCJ 240 Procedures in the Justice System
36. Current laws regarding domestic violence were influenced by each of the following
EXCEPT ____________.
a. the movement for gender equality
b. police programs to counsel male, wife batterers
c. the ideological shift toward punitiveness in criminal justice
d. growing awareness of the large volume of domestic assaults and serious injuries
37. The “replication studies” of experiments testing the effect of arrest policies on the
Deterrence of domestic violence found each of the following, EXCEPT which of the following?
a. Arrest reduces domestic violence in some cities but increases it in others.
b. Arrest reduces domestic violence among employed people but increases it among
unemployed people.
c. Arrest reduces domestic violence in the short run but can increase it in the long run.
d. Police cannot predict which couples are most likely to suffer future violence.
38. Searches of individuals and packages at the border by federal officers are justified by
_____________.
a. the president’s Commander in Chief authority

b. the Fourth Amendment reasonableness clause
c. the deterrence of terrorism
d. the sovereign status of the nation and its plenary power to control its borders
39. A warrantless strip search conducted at the border by appropriate personnel (e.g., same sex
as suspect) in an appropriate manner (e.g., no force used except threat of detention) is
Constitutional ____________.
a. if the officer has reasonable suspicion
b. if the officer has probable cause
c. if the officer receives authorization from a high ranked Immigration and Customs
Enforcement (ICE)/Homeland Security official
d. on the basis of the officer’s hunch
40. In U.S. courts, a search or arrest in a foreign country by or at the behest of U.S. officers is
guided by _____________.
a. the entirety of the Fourth Amendment
b. the Fourth Amendment’s Reasonableness Clause
c. international law
d. no law
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BCJ 240 Procedures in the Justice System
41. “Special needs” cases were decided in regard to each of the following areas, EXCEPT
_____________.
a. police officers enforcing regulatory laws concerning automobile junk shops
b. drug testing of pregnant women in state hospitals
c. police officers engaged in traffic enforcement
d. drug testing of candidates running for state offices
42. The Supreme Court has ruled that strip searches were not called for in a case involving

______________.
a. train workers after a crash
b. middle school students
c. students enrolled in extra-curricular activities
d. student athletes
43. The statement that best describes racial profiling is _______________.
a. broad police discretion to enforce the law makes it possible
b. evidence of it is only anecdotal
c. it is motivated primarily by simple racism
d. it is largely ignored by responsible political authorities
44. In regard to racial profiling of drivers, _______________.
a. the practice enjoys widespread public support
b. legislation to prevent the practice has been blocked
c. many police departments are required to keep records of the race of drivers stopped d. all
academic economists support the practice
45. The Supreme Court has ruled that counsel for an indigent defendant must be provided in
______________.
a. prison disciplinary hearings
b. summary court-martial proceedings
c. juvenile delinquency adjudications
d. parole revocation hearings
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BCJ 240 Procedures in the Justice System
46. The critical stage concept was held to require counsel in each of the following stages,
EXCEPT ___________.
a. arraignment

b. preliminary Examination
c. plea Bargaining
d. lineup identification
47. The most accurate statement about a “meaningful attorney-client relationship” in criminal
procedure is that _____________.
a. the Supreme Court has held this to be a Sixth Amendment right
b. it is the close rapport that develops between a defense lawyer and client
c. it applies equally to prosecutors and victims, as well as defense lawyers and clients
d. a court should consider the time a lawyer has put into a case and the lawyer’s
knowledge of the case before deciding on a continuance
48. The precise issue in Rothgery v. Gillespie County (2008) was whether ____________.
a. an initial appearance must be held within 48 hours after arrest
b. the Sixth Amendment right to counsel is guaranteed at an initial appearance
c. a court must appoint counsel within a reasonable time after it is requested at an initial
appearance
d. the initial appearance is a critical stage
49. Harbison v. Bell (2009) held that there is a ______________.
a. federal legislative right to appointed counsel only in federal clemency hearings
b. federal legislative right to appointed counsel in federal and state clemency hearings
c. sixth Amendment right to appointed counsel in federal capital clemency proceedings
d. due process right to appointed counsel in state clemency proceedings
50. A court may grant counsel to a defendant at a state probation revocation hearing because
_____________.
a. the Due Process Clause may require it, depending on the circumstances
b. the right to counsel was incorporated
c. it is necessary under the Equal Protection Clause to prevent discrimination

d. the defendant has been formally charged with a crime
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BCJ 240 Procedures in the Justice System
51. Appointed counsel for the indigent is required on a first mandatory appeal because
____________.
a. this result logically derives from the text of the Sixth Amendment
b. the incorporation of the Sixth Amendment requires the same rule for state as well as
federal trials
c. it is necessary under the Due Process and Equal Protection clauses to prevent
discrimination
d. this was the common law rule when the Constitution was ratified
52. The right to self-representation in a criminal trial is best explained by which statement?
a. Self-representation is inferred from the text of the Sixth Amendment.
b. Self-representation was the common-law practice when the Constitution was framed.
c. Self-representation relieves the state of costs.
c. A court has no right to test the defendant’s legal abilities.
53. Each of the following is an accurate statement about Strickland v. Washington (1984),
EXCEPT ___________.
a. a defendant need not show prejudice to the case if there was a conflict of interest
b. the performance of David Washington’s attorney was deficient
c. guidelines as to whether attorney performance is reasonably effective are not specific
d. judicial scrutiny of counsel’s performance must be highly deferential to the attorney
54. Which statement regarding a criminal defense lawyer’s conflict of interest is NOT accurate?
a. It arises whenever a lawyer represents more than one defendant in one trial.
b. It automatically eliminates the need to prove the prejudice prong under Strickland v.

Washington (1984).
c. It is based on an attorney’s obligation to give full and complete attention to a client’s
defense.
d. It is manifested when different clients of a lawyer in the same trial have inconsistent
defenses.
55. Ineffective assistance of counsel includes ______________.
a. being represented by inexperienced counsel
b. (in a capital sentencing trial) not examining a court file examined by the prosecution
c. (in a capital sentencing trial) not seeking psychiatric examination where the defendant
showed no sign of psychological problems
d. (in a capital trial) failing to pursue every possible defense
BCJ 240 Procedures in the Justice System
56. The reason why Miranda warnings are read by U.S. agents to interrogated suspects
overseas
is that ______________.
a. the privilege against self-incrimination is an exclusionary rule
b. U.S. law enforcement agencies have reciprocal relationships with foreign agencies
c. the Constitution “follows the flag”
d. the agents take oaths to uphold the Constitution
57. Dickerson v. U.S. (2000) held that Miranda is a constitutional decision. As a result, the
Supreme Court has since _____________.
a. scrupulously followed the text of Miranda
b. upheld the “derivative evidence” exception but has overruled the “cured statement”
exception
c. allowed all of the collateral use exceptions created before Dickerson
d. limited deliberate ploys to gain admissions prior to reading Miranda warnings
58. A Miranda waiver must be _____________.

a. in writing, on video, or audio taped
b. legible
c. witnessed
d. on the record
59. A factor NOT considered by courts in allowing re-interrogation of a suspect who said he did
not want to talk is _____________.
a. the reading of Miranda warnings before the second interrogation
b. the interrogating officer’s experience and reputation
c. whether police immediately ceased interrogation when the suspect said he did not want
to talk
d. information about the investigation
60. An arrested suspect is read Miranda warnings while in custody and says she wishes to
speak
to a lawyer. Questioning then ceases. Which of the following statements is INACCURATE?
(assume the suspect does not try to initiate conversation in A, C, and D)?
a. The suspect may not be interrogated further by a different officer in the police agency
who was unaware of the suspect’s request to see a lawyer.
b. The suspect may be interrogated further if she says, while being escorted to the jail,
“Well, what is going to happen to me now?”
c. The suspect may be interrogated, without her attorney present, after she gets an
opportunity to visit with her lawyer.
d. The suspect may be interrogated in the presence of her attorney.
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BCJ 240 Procedures in the Justice System
61. A suspect is in custody for purposes of the Miranda rules when ____________.
a. the suspect is questioned in his own home after being awakened in his bed at 4:00

a.m. by several police officers
b. the suspect is questioned by his probation officer at a mandatory meeting
c. the suspect has not been arrested and goes to the police station to be questioned on
his own, days after a request
d. the suspect is a parolee who has not been arrested and goes to the police station to be
questioned on his own, days after a request
62. Which statement accurately reflects Supreme Court rulings?
a. Police must cease questioning a suspect in custody when the suspect’s attorney calls
the police station and informs them that she is representing the suspect.
b. Police must read Miranda warnings to a driver who is stopped for drunk driving and is
asked his name and to perform simple physical tests.
c. Police in a patrol car driving an arrested suspect to jail must read the suspect Miranda
warnings before talking about the weapon used in the crime.
d. Police can lie to a defendant about evidence against him during an interrogation
following Miranda warnings.
63. Under Miranda, a police officer must ____________.
a. read warnings as soon as he/she believes an interviewee is a suspect
b. read warnings to a person invited to talk to the officer in private
c. ask an interrogated suspect narrow questions to clarify an ambiguous request for a
lawyer
d. read warnings whenever interrogating a prisoner
64. The “Christian Burial Speech” case of Brewer v. Williams (1977) ____________.
a. was decided under the rules of Miranda v. Arizona (1966)
b. was decided by the rule of inevitable discovery
c. involved the functional equivalent of interrogation
d. was one where the defendant, Williams, did not assert his right to counsel

65. The basic common law method of avoiding mistaken eyewitness identification is
__________.
a. simultaneous lineup
b. show up
c. cross-examination
d. sequential lineup
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BCJ 240 Procedures in the Justice System
66. The element in U.S. v. Wade (1967) that provided a basis of state action is/are
___________.
a. the vagaries of eyewitness identification
b. the critical stage
c. the use of showups
d. suggestibility
67. Which reason was NOT advanced by the U.S. v. Ash (1973) majority regarding whether an
attorney must constitutionally be present at a photographic identification procedure?
a. A photograph may be presented in a suggestive manner.
b. The suspect is not physically present.
c. Photography is a relatively new part of criminal investigations.
d. An attorney does not play a traditional role at a photographic identification.
68. Which example was NOT provided in the text section on due process and identification?
a. a show up of an African American murder suspect in a hospital room
b. an African American suspect in a lineup with white fillers
c. a tall suspect in a lineup with short fillers
d. a show up of a suspect to a rape victim
69. To determine whether a suggestive show up violated a defendant’s due process rights, the

Supreme Court has approved reliance on each of the following factors, EXCEPT
____________.
a. degree of attention
b. lapse of time
c. opportunity to view
d. prior contacts
70. In Brigham’s facial recall field experiment, a white and an African American man entered
convenience food stores and paid for items with pennies or asked for directions and fumbled
for change. The overall rate of accurate identifications two hours later from photo arrays
was __________ percent.
a. 10
b. 34
c. 50
d. 58
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BCJ 240 Procedures in the Justice System
71. Psychological research suggests that human memory goes through each of the following
stages, EXCEPT the __________ stage.
a. retention
b. processing
c. acquisition
d. retrieval
72. Studies referred to in the text have shown each of the following EXCEPT ______________.
a. mentioning an event enhances its likelihood of recall
b. postevent suggestion can alter memory

c. mentioning nonexistent objects can cause witnesses to report having seen them
d. prior to any suggestion, children have better recall than adults
73. Proposals to improve lineups include each of the following EXCEPT ______________.
a. conducting lineups in a simultaneous manner
b. establishing double-blind procedures
c. lineups constructed by an officer who is the same race as the suspect
d. allowing testimony by expert witnesses
74. Under current federal law, the due process test of entrapment ______________.
a. is the equivalent of the objective test
b. has supplanted the subjective test
c. applies if government inducement occurs on the same day as the defendant’s
criminal act
d. has been applied by courts
75. In practice, the entrapment defense ______________.
a. is widely used by defendants charged with drug crimes
b. is relied on uniformly in the states in proportion to the state’s population
c. is relied on mostly in all large population states, but not in low population states
d. varies in use over time with United States Supreme Court decisions
BCJ 240 Procedures in the Justice System
76. The outrageous conduct test of entrapment _____________.
a. has been applied by lower federal courts
b. is based on a court’s supervisory power
c. was adopted by the United States Supreme Court in U.S. v. Russell (1973)
d. was adopted by the United States Supreme Court in Hampton v. U.S. (1976)
77. The Ohio Supreme Court gave each of the following reasons for selecting the subjective test
of entrapment, EXCEPT _____________.

a. the objective test can result in convicting otherwise innocent people
b. the objective test relies on a legal fiction
c. real criminals can be released under the objective test
d. in practice the objective test can lead to swearing contests
78. Each of the following is a function of undercover policing, EXCEPT __________.
a. intelligence
b. facilitation
c. deterrence
d. prevention
79. Undercover police work does NOT include ___________.
a. agent fautors
b. agent provocateurs
c. decoys
d. stings
80. The Abscam sting operation was targeted at _____________.
a. political corruption
b. organized crime
c. white-collar crime
d. terrorist cells
81. A negative consequence of undercover policing NOT included in the text is _____________.
a. the killing of an innocent person
b. the conviction of an innocent person
c. psychological harm to undercover agents
d. all of the above are included
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BCJ 240 Procedures in the Justice System
82. Appropriate administrative guidelines for controlling undercover policing, as suggested by
Abscam coordinator Irvin Nathan, in general terms, does NOT include ______________.
a. ensuring that the criminal activity is clearly known
b. testing the probity of the undercover officers before the operation commences
c. being reasonably sure that the undercover operation will reveal illegal activities
d. keeping the offered inducements within reasonable limits
83. Which of the following is a grand jury reform that is NOT advocated?
a. abolishing the grand jury
b. opening grand jury proceedings to the public
c. allowing attorneys of witnesses into the grand jury room
d. allowing targets of the grand jury investigations to testify
84. A function of the preliminary examination includes _____________.
a. preserving testimony for trial
b. issuing a subpoena for the witnesses
c. granting immunity to witnesses
d. protecting the anonymity of suspects before formal charges are filed
85. Regarding the preliminary examination, _____________.
a. a defendant must have one in states that do not use grand juries to indict
b. the standard to bind-over is a preponderance of evidence
c. it is open to the public
d. counsel is not required to represent the defendant
86. The best reason for prosecutorial resistance to discovery is ____________.
a. fear that evidence will be misused by guilty defendants
b. the desire to win
c. rigid adherence to the adversary theory of the trial

d. the expense
87. The Jenks Act allows defendants ______________.
a. access to DNA evidence
b. access to all of the prosecutor’s physical evidence
c. the right to ask judges to review classified evidence
d. to obtain lists of government witnesses
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BCJ 240 Procedures in the Justice System
88. The limited discovery rules under Brady v. (1963) ______________.
a. are based on the Equal Protection Clause
b. apply only when the defense makes a request for evidence
c. pertain to all qualities of evidence
d. apply only to evidence pertaining to guilt
89. The Supreme Court, in cases decided between 1935 and 1967, ruled that all of the
following constitutes prosecutorial misconduct EXCEPT ____________.
a. deliberate deception by the presentation of testimony known to be perjured
b. introducing evidence creating a false impression regarding a material fact, whether or
not the prosecutor knew of its inaccuracy
c. allow...