JUSTICE UNDER THE LAW: Exam #2 -- Part 1 (closed book)
Name: ______________________
Directions: All final answers should go on the Scantron card; use this as a worksheet and enter all your final answers on the card when finished.
1. All of the following are "seizures" under the 4th Amendment except:
A. an arrest.
B. an investigatory stop.
C. a traffic stop.
D. a MIRANDA warning.
E. All of the above are seizures.
2. A court order commanding a person be taken into custody is a(n)
A. writ of habeas corpus.
B. search warrant.
C. arrest warrant.
D. summons.
E. subpoena.
3. If law enforcement has reasonable suspicion that a person is engaged in criminal activity, an officer may
A. not take any action without a warrant.
b. stop and question a person.
C. arrest the person.
D. search the person.
E. Both B and D are correct.
4. Law enforcement may use deadly force during a felony arrest when the suspect
A. resists arrest.
B. attempts to escape.
C. attempts to escape and presents a significant threat of death or serious bodily harm to the officer or others.
D. has a history of escape attempts.
E. Both C and D are correct.
5. A search conducted by which of the following persons is NOT covered by the 4th Amendment?
A. a parent
B. a public school teacher
C. a private school teacher
D. a probation officer
E. Both A and C are correct.
6. If unreasonable searches turn up evidence of crimes, the evidence cannot be used
A. in any court proceeding.
B. at a criminal trial to prove the person guilty.
C. to impeach the defendant if he chooses to testify.
D. to revoke the person's parole.
E. The evidence can be used in all of the above situations if the evidence is relevant to the crime.
7. What is NOT true about a search warrant?
A. It is issued by a judge or magistrate.
B. It describes the particular persons and places to be searched.
C. It is only issued if probable cause has been demonstrated.
D. It is always in writing.
E. It is required for every search conducted by law enforcement.
8. Police find Deborah unconscious on the street and open her purse to find out who she is. They find illegal drugs, which are
A. admissible under the emergency situation exception to the warrant requirement.
B. inadmissible because the officers lacked a search warrant.
C. admissible under the plain view exception to the warrant requirement.
D. inadmissible because there was no probable cause to open the purse.
E. admissible because there is no reasonable expectation of privacy in a purse.
9. To search the book bag of a student in a public school, school administrators must have
A. probable cause that a crime or school rule violation has been committed.
B. reasonable suspicion that a crime or school rule violation has been committed.
C. a search warrant.
D. a reliable informant.
E. The consent of the student's parent.
10. James is 15 years old. James has the same rights with regard to searches as an adult has EXCEPT when the search
A. is consented to by James' parents.
B. is conducted in a public school setting.
C. involves James' health.
D. is consented to by James.
E. involves the operation of an automobile.
11. When there is an "inevitable discovery" exception or a "good faith" exception to the exclusionary rule, the seized evidence
A. can be used only to show that the defendant is lying on the witness stand.
B. cannot be used against the defendant in the criminal trial under any circumstance.
C. can be used against the defendant in the criminal trial.
D. can be used only at the sentencing phase of the trial.
E. can be used only by the defense, not the prosecution.
12. A "search" occurs under the 4th Amendment only when the person searched
A. complains about the search at the time it happens.
B. has a reasonable expectation of privacy.
C. is suspected of a crime.
D. is an adult.
E. knows his or her rights at the time the search is conducted.
13. If a person has a privacy interest at the time of a search, the government can conduct the search only when
A. the person consents to the search.
B. the government has a search warrant.
C. the government has probable cause.
D. the government can show its need and authority to conduct the search outweighs the privacy interest of the person searched.
E. there is an emergency.
14. A "precedent" is
A. Barack Obama.
B. an exception to the normal requirement that a search warrant must be obtained before conducting a search.
C. a ruling by a previous court involving the same legal question and similar facts as the case presently before a court.
D. a split decision by the justices of the U.S. Supreme Court.
E. a unanimous decision by the justices of the U.S. Supreme Court.
15. The "dissenting opinion" by justices on the Supreme Court
A. decides who wins and who loses the appeal.
B. represents the viewpoints of the majority of the justices on the Court.
C. represents the viewpoints of the minority of justices on the Court.
D. represents the views of justices who agree with the decision of the majority but for different reasons.
E. is the argument presented by attorneys for the side who brings the appeal from a lower court.
16. The "concurring opinion" by justices on the Supreme Court
A. decides who wins and who loses the appeal.
B. represents the viewpoints of the majority of the justices on the Court.
C. represents the viewpoints of the minority of justices on the Court.
D. represents the views of justices who agree with the decision of the majority but for different reasons.
E. is the argument presented by attorneys for the side who brings the appeal from a lower court.
17. A person is in "custody" whenA. he is informed he is under arrest.
B. he is handcuffed.
C. he is told he cannot leave.
D. he reasonably believes he cannot leave.
E. all of the above
18. A person can only be arrested when there is
A. probable cause that a crime has been committed.
B. probable cause that she committed the crime.
C. an arrest warrant.
D. a felony charge.
E. both A and B
19. Which is NOT required for a search warrant?
A. probable cause that a crime has been committed
B. probable cause that the person who is searched committed a crime
C. probable cause that the material being searched for will be found at the place searched
D. an eyewitness to the crime
E. a reasonable time frame for conducting the search
20. Which of the following is NOT an exception to the requirement of a search warrant?
A. a felony crime
B. consent
C. plain view
D. emergency (exigent) circumstance
E. vehicle searches