Posted: May 13th, 2018

15. The majority opinion in Mapp v. Ohio

15. The majority opinion in Mapp v. Ohio (1961) ____________.a. admitted that the exclusionary rule, although necessary, violated common senseb. overruled Boyd v. U.S. (1886)c. relied on the imperative of judicial integrityd. incorporated the substantive rule of the Fourth Amendment18. Illegally seized evidence or statements may be introduced or used for each of the followinghearings or purposes, EXCEPT ___________.a. alien deportationb. formulating a grand jury questionc. impeaching a witnessd. parole revocation19. 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 judgesb. deterrence is the only reason for the exclusionary rulec. the search in the case violated the Fourth Amendmentd. the exclusionary rule exacts substantial social costs20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________.a. Spinelli crossed a bridge every day and went to the same apartmentb. Spinelli had a reputation as a “bookie”c. the apartment had two telephonesd. Spinelli’s bookmaking calls were recorded23. An argument used in courts to oppose the “plain feel” rule was ____________.a. extending reasons to justify police searches undermine civil libertiesb. the sense of touch is not as sensitive as sightc. the rule was not contemplated by the framers of the Fourth Amendmentd. the police use plain feel discriminatorily against minorities25. The justifi cations for the open-fi eld rule do NOT include which of the following?a. the Fourth Amendment protects “effects”b. open-fi elds are propertyc. the common law distinguished between open fi elds and the curtilaged. posting land does not provide the same protection as the enclosure of a house27. The decision in Kyllo v. United States (2001) was based on which proposition?a. the interior of the house was searchedb. drugs are a social scourge and detecting them promotes public health and safetyc. Heat is not included within the plain view doctrined. Heat was detected off the wall28. 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.31. A person who has been arrested must be brought before a magistrate, barring exigentcircumstances ____________.a. immediatelyb. within 24 hoursc. within 36 hoursd. within 48 hours32. The reason for the rule that a misdemeanor arrest made by a police offi cer is lawful if themisdemeanor occurred in the offi cer’s presence, and not upon probable cause, is_____________.a. misdemeanors often result from personal squabbles that could lead to false complaintsb. misdemeanors are not crimes at common lawc. allowing probable cause arrests for misdemeanors is too costly and ineffi cientd. errors in misdemeanor arrests are not likely to deter police offi cer misconduct34. The Supreme Court upheld each type of checklane or roadblock as constitutional,EXCEPT _____________.a. to check the license and registration of driversb. to check the sobriety of driversc. to check whether the driver is transporting drugsd. to gather information about a hit and run that occurred at the location35. Dissenting justices in Illinois v. Caballes (2005) raised each of the following points,EXCEPT ____________.a. trained dogs are not infallible in sniffi ng for drugsb. the practice will be extended to the use of drug sniffi ng dogs on city streetsc. the practice will lead to pretext stops of carsd. the use of dogs extends the purpose of the original stop37. The “replication studies” of experiments testing the effect of arrest policies on thedeterrence 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 amongunemployed 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.39. A warrantless strip search conducted at the border by appropriate personnel (e.g., same sexas suspect) in an appropriate manner (e.g., no force used except threat of detention) isconstitutional ____________.a. if the offi cer has reasonable suspicionb. if the offi cer has probable causec. if the offi cer receives authorization from a high ranked Immigration and CustomsEnforcement (ICE)/Homeland Security offi ciald. on the basis of the offi cer’s hunch40. In U.S. courts, a search or arrest in a foreign country by or at the behest of U.S. offi cers isguided by _____________.a. the entirety of the Fourth Amendmentb. the Fourth Amendment’s Reasonableness Clausec. international lawd. no lawChallenge Examination41. “Special needs” cases were decided in regard to each of the following areas, EXCEPT_____________.a. police offi cers enforcing regulatory laws concerning automobile junk shopsb. drug testing of pregnant women in state hospitalsc. police offi cers engaged in traffi c enforcementd. drug testing of candidates running for state offi ces43. The statement that best describes racial profi ling is _______________.a. broad police discretion to enforce the law makes it possibleb. evidence of it is only anecdotalc. it is motivated primarily by simple racismd. it is largely ignored by responsible political authorities44. In regard to racial profi ling of drivers, _______________.a. the practice enjoys widespread public supportb. many police departments are required to keep records of the race of drivers stoppedc. legislation to prevent the practice has been blockedd. all academic economists support the practice46. The critical stage concept was held to require counsel in each of the following stages,EXCEPT ___________.a. arraignmentb. preliminary Examinationc. plea Bargainingd. lineup identifi cation47. The most accurate statement about a “meaningful attorney-client relationship” in criminalprocedure is that _____________.a. the Supreme Court has held this to be a Sixth Amendment rightb. it is the close rapport that develops between a defense lawyer and clientc. it applies equally to prosecutors and victims, as well as defense lawyers and clientsd. a court should consider the time a lawyer has put into a case and the lawyer’sknowledge of the case before deciding on a continuance48. The precise issue in Rothgery v. Gillespie County (2008) was whether ____________.a. an initial appearance must be held within 48 hours after arrestb. the Sixth Amendment right to counsel is guaranteed at an initial appearancec. a court must appoint counsel within a reasonable time after it is requested at an initialappearanced. the initial appearance is a critical stage50. 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 circumstancesb. the right to counsel was incorporatedc. it is necessary under the Equal Protection Clause to prevent discriminationd. the defendant has been formally charged with a crime

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