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Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico – Test Bank
Sample Questions
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| Chapter 02
1. A court’s authority to hold a trial is its _____.
| |
a. |
venire |
| |
b. |
original jurisdiction |
| |
c. |
appellate jurisdiction |
| |
d. |
venue |
| ANSWER: |
b |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Remember |
|
2. A court with only appellate jurisdiction has the authority to _____.
| |
a. |
retry a case |
| |
b. |
review the evidence to determine facts |
| |
c. |
review the legal issues of a case |
| |
d. |
review only plain error |
| ANSWER: |
c |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Remember |
|
3. In order of authority from lowest to highest, the structure of the federal court system is _____.
| |
a. |
US Court of Appeals, US District Court, US Supreme Court |
| |
b. |
US District Court, US Superior Court, US Supreme Court |
| |
c. |
US Circuit Court, US District Court, US Supreme Court |
| |
d. |
US District Court, US Court of Appeals, US Supreme Court |
| ANSWER: |
d |
| REFERENCES: |
Federal Courts |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
4. A court which can try any type of case has _____.
| |
a. |
limited jurisdiction |
| |
b. |
appellate jurisdiction |
| |
c. |
general jurisdiction |
| |
d. |
certiorari |
| ANSWER: |
c |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Remember |
|
5. When the United States Supreme Court grants a writ of certiorari, this means that the Court is _____.
| |
a. |
taking original jurisdiction over the case |
| |
b. |
obligated to review the case |
| |
c. |
willing to review a case decided by a lower court |
| |
d. |
willing to retry the case |
| ANSWER: |
c |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
6. Prosecution is commonly termed _____ when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.
| |
a. |
vindictive |
| |
b. |
selective |
| |
c. |
righteous |
| |
d. |
malicious |
| ANSWER: |
a |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
7. The purpose of the preliminary hearing is to _____.
| |
a. |
try the defendant |
| |
b. |
accept the defendant’s plea |
| |
c. |
determine the existence of probable cause |
| |
d. |
make a judgment on motions to suppress evidence |
| ANSWER: |
c |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
8. Which statement about plea bargaining is true?
| |
a. |
A plea agreement is not a contract. |
| |
b. |
If the defendant breaches a plea agreement, the prosecution can pursue charges, but cannot pursue more serious charges than originally planned. |
| |
c. |
Very few cases are resolved through plea bargaining. |
| |
d. |
If the prosecution breaches a plea agreement, the defendant may be allowed to withdraw a guilty plea. |
| ANSWER: |
d |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluation |
|
9. Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?
| |
a. |
first notice |
| |
b. |
venue |
| |
c. |
arraignment |
| |
d. |
geographic subdivisions |
| ANSWER: |
b |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.7 |
| KEYWORDS: |
Bloom’s: Analyze |
|
10. A(n) _____ can be issued without demonstrating probable cause.
| |
a. |
indictment |
| |
b. |
prosecutor’s information |
| |
c. |
true bill |
| |
d. |
subpoena |
| ANSWER: |
d |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
11. The defendant’s plea is requested at the _____.
| |
a. |
indictment |
| |
b. |
preliminary hearing |
| |
c. |
initial appearance |
| |
d. |
arraignment |
| ANSWER: |
d |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
12. What limitation is placed on a prosecutor’s discretion to file charges and to make a determination about what offense to charge?
| |
a. |
The prosecutor must have an established record of making the same decision in substantively similar cases. |
| |
b. |
The prosecutor must have probable cause to believe the defendant committed the charged offense. |
| |
c. |
The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence. |
| |
d. |
The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense. |
| ANSWER: |
b |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
13. Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant’s guilt is called _____.
| |
a. |
error-prone evidence |
| |
b. |
circumstantial evidence |
| |
c. |
exculpatory evidence |
| |
d. |
impeachment material |
| ANSWER: |
c |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
14. The main purpose of the arraignment is to _____.
| |
a. |
indict the defendant |
| |
b. |
accept a plea from the accused |
| |
c. |
set bail for the accused |
| |
d. |
determine probable cause |
| ANSWER: |
b |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
15. When a defendant stands mute, a plea of _____ is entered on his or her behalf.
| |
a. |
not guilty |
| |
b. |
guilty |
| |
c. |
nolo contendere |
| |
d. |
innocent |
| ANSWER: |
a |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
16. Competency to stand trial _____.
| |
a. |
must be determined before an individual can be arraigned |
| |
b. |
may be raised at any point during the trial but before a verdict is rendered |
| |
c. |
must be raised prior to any evidence being hears |
| |
d. |
may be raised at any point of the proceedings, including after conviction |
| ANSWER: |
d |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
17. Circumstantial evidence _____.
| |
a. |
indirectly infers a fact at issue |
| |
b. |
directly establishes a fact at issue |
| |
c. |
can be physical, tangible evidence, but not testimonial evidence |
| |
d. |
can be testimonial evidence, but not physical, tangible evidence |
| ANSWER: |
a |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
18. The exclusionary rule _____.
| |
a. |
does not exclude evidence that could have been later obtained from an independent source |
| |
b. |
automatically excludes all evidence seized in violation of the U.S. Constitution |
| |
c. |
applies only to federal criminal trials, but not state trials |
| |
d. |
is a rule that is explicitly stated in the Fourth Amendment |
| ANSWER: |
a |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
19. The exclusionary rule _____.
| |
a. |
applies to evidence seized by both the police and private citizens |
| |
b. |
was designed to deter police misconduct |
| |
c. |
is a rule that is explicitly stated in the Fourth Amendment |
| |
d. |
has always applied to both state and federal criminal proceedings |
| ANSWER: |
b |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
20. What rule of law requires exclusion of tainted evidence even if it is relevant?
| |
a. |
the exclusionary rule |
| |
b. |
good faith exception |
| |
c. |
attenuation doctrine |
| |
d. |
probable cause |
| ANSWER: |
a |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
21. What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?
| |
a. |
fruit of the poisonous tree doctrine |
| |
b. |
preponderance of evidence |
| |
c. |
probable cause |
| |
d. |
good faith exception |
| ANSWER: |
d |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
22. To challenge the admissibility of evidence, a defendant must ______.
| |
a. |
have legal representation because only lawyers can make challenges |
| |
b. |
have exhausted all appeals because challenges can only be made in appeals |
| |
c. |
have standing, which refers to the ability to raise a legal claim |
| |
d. |
get permission from the prosecution which must be in writing |
| ANSWER: |
c |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
23. Police interrogate a suspect who tells police where a stash of illegal drugs is hidden which are then seized by the police. The drugs are best classified as _____.
| |
a. |
primary evidence |
| |
b. |
derivative evidence |
| |
c. |
circumstantial evidence |
| |
d. |
fruit of the poisonous tree |
| ANSWER: |
b |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
24. Which statement most accurately describes the “inevitable discovery” exception to the exclusionary rule?
| |
a. |
If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained. |
| |
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 contested evidence would have been discovered by lawful means. |
| ANSWER: |
a |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
25. Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful observations. The best chance for the prosecutor to have the evidence be admissible would be under which exception?
| |
a. |
the attenuation exception |
| |
b. |
the independent source exception |
| |
c. |
the inevitable discovery exception |
| |
d. |
the good faith exception |
| ANSWER: |
b |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
26. A patrol officer is chasing a suspect fleeing from an armed robbery in which the suspect fired a pistol. The suspect flees into his own home, where the officer enters and arrests the suspect. An immediate search of the suspect reveals an empty shoulder holster. Without advice of rights, the officer asks the suspect the whereabouts of the gun. The suspect states that he threw it into the trash bin as he ran through the house. The weapon is found. The _____ exception would probably form the most effective legal argument to make the gun admissible at trial.
| |
a. |
derivative evidence |
| |
b. |
good faith |
| |
c. |
inevitable discovery |
| |
d. |
attenuation |
| ANSWER: |
c |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
27. The exclusionary rule requires that _____
| |
a. |
unambiguous evidence of prosecutorial misconduct be presented |
| |
b. |
demonstration that the evidence was maliciously obtained |
| |
c. |
the prosecutor be willing to stipulate the evidence was illegally obtained |
| |
d. |
the defendant’s Fourth, Fifth, or Sixth Amendment rights have been violated |
| ANSWER: |
d |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
28. Based on the concept of “new federalism,” _____.
| |
a. |
the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual |
| |
b. |
the state law is always given authority over federal law, regardless of which law grants more freedoms and liberties |
| |
c. |
the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual |
| |
d. |
federal law is given authority over state law, unless the state law grants additional authority to the state government that is not recognized by the U.S. Constitution |
| ANSWER: |
c |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
29. Although civil lawsuits against state agents are one alternative to the exclusionary rule, _____.
| |
a. |
civil lawsuits can only be filed by members of certain protected classes |
| |
b. |
police and other agents of the state are able to claim absolute immunity |
| |
c. |
police and other agents of the state are able to claim qualified immunity |
| |
d. |
police and other agents of the state are able to claim transactional immunity |
| ANSWER: |
c |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
30. The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.
| |
a. |
the prosecutor knowingly violated office policy |
| |
b. |
the District Attorney’s Office knowingly drafted a policy that violated Brady |
| |
c. |
there the individual defendant was clearly damaged in some way |
| |
d. |
there was a pattern of violations |
| ANSWER: |
d |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
| 31. If a criminal suspect is arrested without a warrant, the complaint serves as the charging document.
| ANSWER: |
True |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Remember |
|
| 32. In felony cases, the purpose of the initial appearance is to accept the defendant’s plea.
| ANSWER: |
False |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 33. The purpose of the grand jury is to reach a verdict in a criminal case.
| ANSWER: |
False |
| REFERENCES: |
Federal Courts |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 34. A plea of nolo contendere is an admission of guilt, but cannot be used against the defendant in a civil action.
| ANSWER: |
False |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 35. DNA evidence is, in all instances, direct evidence.
| ANSWER: |
False |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
| 36. The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.
| ANSWER: |
True |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 37. The U.S. Supreme Court has not adopted a specific definition for the “beyond a reasonable doubt” standard.
| ANSWER: |
True |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
| 38. The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.
| ANSWER: |
True |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
| 39. The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.
| ANSWER: |
False |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
| 40. Competency to stand trial can be raised at any point in the criminal process, even after a conviction.
| ANSWER: |
True |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
41. The lowest level of criminal court in the federal system is the ______________.
| ANSWER: |
U.S. District Court |
| REFERENCES: |
Federal Courts |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
42. Criminal process against a felony defendant begins formally with the filing of a ______________.
| ANSWER: |
complaint |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
43. An affidavit can be described as a ______________.
| ANSWER: |
sworn statement |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
44. The location of the court is referred to as the ______________.
| ANSWER: |
venue |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.7 |
| KEYWORDS: |
Bloom’s: Analyze |
|
45. The main purpose of ______________ is to accept the defendant’s plea.
| ANSWER: |
arraignment |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
46. The prosecutor’s failure to disclose evidence which would show the defendant to be not guilty is a violation of the ______________.
| ANSWER: |
Brady Rule |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.6 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
47. A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
| ANSWER: |
summons |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Remember |
|
48. To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________—the ability to raise a legal claim.
| ANSWER: |
standing |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
49. The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant has committed an offense.
| ANSWER: |
grand jury |
| REFERENCES: |
Federal Courts |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.4 |
| KEYWORDS: |
Bloom’s: Understand |
|
50. Information not contained in the body of the complaint, or that comes from witnesses other than the complainant, may be brought to the court’s attention in the form of a(n) ______________.
| ANSWER: |
affidavit |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
51. Identify and describe the lowest level of criminal court in your state’s system and describe the types of cases the court typically handles.
| ANSWER: |
Answers will vary (depending on student locale) |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
52. Draw a schematic diagram comparing the federal court system to your state’s system. Describe the differences in the diagram of your state system against the text’s diagram of the federal court system.
| ANSWER: |
Answers will vary (depending on student locale). |
| REFERENCES: |
The Dual Court systems in the United States |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
53. Outline the stages of the criminal justice system, from arrest through arraignment, as they would normally occur.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
54. Compare and contrast direct evidence and circumstantial evidence. Provide an illustration of how a single piece of evidence can be direct evidence in one instance and circumstantial evidence in another instance.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
55. Explain the notions of burden of persuasion and burden of production.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
56. What is the meaning of the term “new federalism”? Provide an example of “new federalism” in action.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
57. What is derivative evidence? Provide an example.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
58. Detail the exceptions to the exclusionary rule and provide an example of each.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Motions to Suppress Evidence and the Exclusionary Rule |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.8 |
| KEYWORDS: |
Bloom’s: Evaluate |
|
59. Explain what is meant by the term “demonstrative evidence.”
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
60. Highlight the difference between venue and jurisdiction.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Preliminary Pretrial Criminal Proceedings |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.2.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
| Chapter 04
1. Proper execution of an anticipatory search warrant is dependent upon _____.
| |
a. |
a triggering condition |
| |
b. |
reasonable suspicion |
| |
c. |
reasonable suspicion and a triggering condition |
| |
d. |
witness testimony and reasonable suspicion |
| ANSWER: |
a |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
2. For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.
| |
a. |
invasion of a constitutionally protected area |
| |
b. |
interference with a person’s possessory interests in that property |
| |
c. |
interference with a person’s reasonable expectation of privacy |
| |
d. |
infringement on a person’s house, papers, and effects |
| ANSWER: |
b |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
3. What were all-purpose warrants referred to in early colonial America?
| |
a. |
Criminal warrants |
| |
b. |
Star chamber warrants |
| |
c. |
Writs of assistance |
| |
d. |
Writs of mandamus |
| ANSWER: |
c |
| REFERENCES: |
Introduction |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
4. A general warrant _____.
| |
a. |
lacks specificity in the person or place to be searched |
| |
b. |
is directed to a specific officer or department |
| |
c. |
may be signed by the clerk of the court rather than a magistrate |
| |
d. |
can be used only against smugglers |
| ANSWER: |
a |
| REFERENCES: |
Introduction |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
5. The information that a law enforcement officer swears to in an affidavit (or in live testimony) to establish probable cause for a warrant must be “truthful in the sense that the information put forth is” _____.
| |
a. |
objectively established as true |
| |
b. |
believed or appropriately accepted by the affiant as true |
| |
c. |
sworn to be true by at least two independent sources |
| |
d. |
established as true by a reasonable person test |
| ANSWER: |
b |
| REFERENCES: |
Grounds for Issuing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
6. To qualify to issue a warrant, the judicial officer must be _____.
| |
a. |
biased and attached |
| |
b. |
biased and detached |
| |
c. |
neutral and semi-detached |
| |
d. |
neutral and detached |
| ANSWER: |
d |
| REFERENCES: |
Who May Issue Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
7. Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.
| |
a. |
justice of the peace |
| |
b. |
clerk of the court |
| |
c. |
state attorney general |
| |
d. |
magistrate |
| ANSWER: |
c |
| REFERENCES: |
Who May Issue Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
8. The neutral and detached requirement for the issuing authority means that the issuer must not _____.
| |
a. |
have anything to gain or lose in the outcome |
| |
b. |
be related to the officer |
| |
c. |
have had business relations with anyone involved in the case |
| |
d. |
care about the probable cause |
| ANSWER: |
a |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
9. A police officer requests and is granted a search warrant for a particular residence. The search warrant specifies that the search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a package. This is a(n):
| |
a. |
administrative search warrant |
| |
b. |
anticipatory search warrant |
| |
c. |
conditional search warrant |
| |
d. |
general search warrant |
| ANSWER: |
b |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
10. Probable cause to search has two requirements that probable cause to arrest does not: _____.
| |
a. |
that the information must not be stale and particularity regarding place and items |
| |
b. |
that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli |
| |
c. |
that the information was NOT from an informant and particularity regarding place and items |
| |
d. |
reasonable suspicion and particularity regarding place and items |
| ANSWER: |
a |
| REFERENCES: |
Grounds for Issuing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
11. In a situation where an officer acts in reckless disregard for the truth when applying for a warrant: _____.
| |
a. |
the entire warrant will automatically be deemed constitutionally defective |
| |
b. |
some clauses from the deficient parts of the warrant may be severed or redacted |
| |
c. |
the officer will automatically be civilly liable in any Section 1983 claim that is filed |
| |
d. |
the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this situation |
| ANSWER: |
b |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
12. Probable cause must be based on _____.
| |
a. |
Aguilar/Spinelli |
| |
b. |
fact |
| |
c. |
reasonable suspicion |
| |
d. |
proof beyond a reasonable doubt |
| ANSWER: |
b |
| REFERENCES: |
Grounds for Issuing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
13. Which statement about a Franks hearing is true?
| |
a. |
The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the police to obtain a search warrant. |
| |
b. |
A simple allegation of falsity and/or material omission is insufficient to trigger (initiate) a Franks hearing. |
| |
c. |
The defendant bears the burden of proving, beyond a reasonable doubt, that an application for a warrant contained false statements that were knowingly or recklessly made, or alternatively that material information was knowingly or recklessly omitted from the warrant application. |
| |
d. |
All criminal suspects are entitled to a Franks hearing. |
| ANSWER: |
a |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
14. Which description does not satisfy particularity requirements?
| |
a. |
VHS videotape, labeled: 349, titled: A. Pretty Pet |
| |
b. |
RCA television set, stolen from 35 Main St., Canton, NY |
| |
c. |
Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name “Lisa” engraved on stock |
| |
d. |
All cannabis plants normal |
| ANSWER: |
b |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
15. Which description lacks sufficient particularity to satisfy the Fourth Amendment?
| |
a. |
Various obscene books, magazines and video tapes |
| |
b. |
Various instruments and tools used in perpetrating burglary, which were instrumentalities of such crime |
| |
c. |
All marijuana located on the premises lities of such crime |
| |
d. |
Homemade pipe bomb |
| ANSWER: |
a |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
16. A search warrant is _____.
| |
a. |
issued by the police |
| |
b. |
issued in the name of the proper judicial authority |
| |
c. |
directed to any officer of the court |
| |
d. |
commands the property be brought before the authority |
| ANSWER: |
d |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
17. Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to _____.
| |
a. |
items other than biologicals |
| |
b. |
evidence of a crime |
| |
c. |
contraband such as drugs |
| |
d. |
nontestimonial evidence |
| ANSWER: |
d |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
18. The execution of a search warrant must normally be _____.
| |
a. |
immediately after issuance |
| |
b. |
initiated during daytime |
| |
c. |
discontinued after dark |
| |
d. |
done in the presence of the occupant(s) |
| ANSWER: |
b |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
19. Legal issues surrounding search and seizures typically fall under the ____ Amendment?
| |
a. |
First |
| |
b. |
Fourth |
| |
c. |
Eight |
| |
d. |
Fifth |
| ANSWER: |
b |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
20. Officers executing a search warrant for a particularly described premises may not search _____.
| |
a. |
other buildings which may be on that land |
| |
b. |
vehicles which may be parked on that land |
| |
c. |
people on the premises without further justification |
| |
d. |
the open fields around the land |
| ANSWER: |
c |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.8 |
| KEYWORDS: |
Bloom’s: Analyze |
|
21. After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search warrant for stolen property hear no sound. The officers _____.
| |
a. |
may then break in without further process |
| |
b. |
must wait for a supervisor’s approval to break in |
| |
c. |
must make a further investigation to ensure no one is home |
| |
d. |
must return when someone is home |
| ANSWER: |
a |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
22. The most legally sound action for officers about to execute a search warrant for narcotics in a dwelling is to _____.
| |
a. |
break in without notice |
| |
b. |
enter through unlocked windows or doors then announce their presence |
| |
c. |
disregard knock and announce since the warrant is for narcotics |
| |
d. |
follow knock and announce requirements |
| ANSWER: |
d |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
23. An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.
| |
a. |
break in without notice |
| |
b. |
surreptitiously enter |
| |
c. |
still knock and announce |
| |
d. |
get permission from a supervisor to break in |
| ANSWER: |
c |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
24. Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers’ most legally sound course of action is _____.
| |
a. |
without further justification, search the people for the drugs. |
| |
b. |
acquire additional probable cause that the people have the drugs on them, then search them for the drugs. |
| |
c. |
without additional justification, search the owner for the drugs but not the others. |
| |
d. |
without further justification, search everyone for weapons. /span> |
| ANSWER: |
b |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
25. Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. When they execute the warrant, there is a bartender and eighteen customers. Select the officers’ most legally sound course of action.
| |
a. |
The officers may search the premises and everyone in it for drugs. |
| |
b. |
The officers may search the premises for drugs and frisk the people for weapons. |
| |
c. |
The officers may search the premises for drugs, but need specific probable cause for each person they want to search for drugs or frisk for weapons. |
| |
d. |
The officers may search the premises for drugs, but need specific probable cause for each person they want to search for drugs and specific, articulable suspicion of danger to frisk for weapons. |
| ANSWER: |
d |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
26. Officers have a warrant to search a dwelling for three shotguns stolen in a burglary of a gun store. In executing the warrant, they discover many other firearms not described on the warrant, some of which they recognize immediately as having been taken in the same burglary. The officers have legal grounds to seize ______.
| |
a. |
all the other firearms immediately |
| |
b. |
only the shotguns described on the warrant |
| |
c. |
the shotguns described on the warrant and may examine all the other firearms to determine if they are stolen property |
| |
d. |
the shotguns described on the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms |
| ANSWER: |
d |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
27. For police to legally search areas that are appurtenant (incident to, belonging to, or going with the residence listed on the warrant):_____.
| |
a. |
the appurtenant areas must be explicitly stated in the language of the warrant |
| |
b. |
the items that are the listed in the warrant must be capable of storage in the appurtenant areas |
| |
c. |
the appurtenant areas must be in plain view |
| |
d. |
the owner of the premises must consent tenant areas |
| ANSWER: |
b |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
28. Relating to arrest and search warrants, the doctrine of severability _____.
| |
a. |
enables total suppression of evidence in instances where a warrant is deficient |
| |
b. |
allows co-defendants to be charges separately |
| |
c. |
allows a defendant with multiple counts to be tried separately on each count |
| |
d. |
allows problematic clauses of a warrant to be redacted while preserving the remaining clauses |
| ANSWER: |
d |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
29. In the Federal system, the codified procedures and rules relating to search and seizure are found _____.
| |
a. |
scattered throughout the codes of the U.S. code |
| |
b. |
scattered throughout the various court cases related to criminal procedure |
| |
c. |
in the Federal Rules of Criminal Procedure, Rule 41 |
| |
d. |
in the Federal Rules of Civil Procedure, Rule 21 |
| ANSWER: |
c |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
30. To obtain a valid anticipatory search warrant, _____
| |
a. |
there must be a fair probability that specific contraband will be found if the triggering event occurs and a fair probability that the triggering event will in fact occur |
| |
b. |
the police must have corroborated information from at least two different informants |
| |
c. |
police must have sufficient basis to believe that the evidence cannot be obtained any other way |
| |
d. |
the police must have established reasonable suspicion |
| ANSWER: |
a |
| REFERENCES: |
147
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 31. The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.
| ANSWER: |
False |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
| 32. If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.
| ANSWER: |
False |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
| 33. The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.
| ANSWER: |
True |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 34. In the case of Franks v. Delaware, the Court determined that if a search warrant was issued based on some inadvertent exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence.
| ANSWER: |
False |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
| 35. The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.
| ANSWER: |
True |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 36. A search warrant can become invalid because the probable cause upon which it is based has become stale.
| ANSWER: |
True |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
| 37. In every jurisdiction, the judicial officers authorized to issue a search warrant are the same officers authorized to issue an arrest warrant.
| ANSWER: |
False |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 38. A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant.
| ANSWER: |
True |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
| 39. If a portion of a warrant is deficient with respect to the probable cause and particularity requirements then the entire warrant will be judged to be constitutionally invalid.
| ANSWER: |
False |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
| 40. Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.
| ANSWER: |
True |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
41. A ___________ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an affidavit supporting a warrant is based.
| ANSWER: |
Franks hearing |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
42. A(n) ___________ search warrant specifically authorizes officers to enter unoccupied premises, search for specified evidence, and then leave—without seizing the evidence they find, and without leaving a trace that an entry has been made.
| ANSWER: |
sneak and peak, sneak-and-peak |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
43. A(n) ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a “reasonable necessity for the seizure.”
| ANSWER: |
sneak and steal, sneak-and-steal |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
44. Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the probable cause has become ___________ before beginning the search.
| ANSWER: |
stale |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
45. A ___________ of property occurs when there is some meaningful interference with an individual’s possessory interests in that property.
| ANSWER: |
seizure |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
46. The person swearing-out an affidavit is referred to as the ___________.
| ANSWER: |
affiant |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
47. A search warrant based on an affidavit showing probable cause that evidence of a certain crime will be located at a specific place in the future is known as a(n) ___________ search warrant.
| ANSWER: |
anticipatory |
| REFERENCES: |
Grounds for Issuing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
48. A(n) ___________ condition is a condition precedent, other than the passage of time, which will establish probable cause to conduct a search and/or seizure.
| ANSWER: |
triggering |
| REFERENCES: |
Grounds for Issuing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
49. To avoid the severity of total repression of evidence when a small mistake is made in a search warrant, the courts have adopted partial suppression, better known as ___________ or severability.
| ANSWER: |
redaction |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
50. Regardless of the justification for a delay, warrants must be executed before probable cause dissipates, a process commonly referred to as going ___________.
| ANSWER: |
stale |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
51. Explain the difference between search warrants in colonial America and search warrants that are issued today.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.1 |
| KEYWORDS: |
Bloom’s: Understand |
|
52. Outline the process of applying for a search warrant. Include the considerations a law enforcement officer must be aware of if (s)he is to be successful in obtaining a search warrant.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Applying for Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
53. What is the purpose and rationale underlying the concept of an anticipatory search warrant?
| ANSWER: |
Answers will vary. |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.3 |
| KEYWORDS: |
Bloom’s: Understand |
|
54. Select an item within the room you are currently in. Write a description sufficient to satisfy the particularity requirement of the Fourth Amendment.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.2 |
| KEYWORDS: |
Bloom’s: Understand |
|
55. What rule of law developed from the Segura case? What potential impact do you see for police officers? Explain your reasoning.
| ANSWER: |
Answers will vary. |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.4 |
| KEYWORDS: |
Bloom’s: Analyze |
|
56. What is “knock and announce”. Compare and contrast the advantages and disadvantages of such a rule.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
57. Provides examples which illustrate circumstances in which law enforcement authorities may be legally authorized to make a “sneak and peak” covert entry into private property. Explain the use of “sneak and peak” warrants by law enforcement prior to the passing of the USA PATRIOT Act.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
58. What is meant by the “curtilage” around a home? Briefly explain what is meant by appurtenant property.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Particularity Requirement |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.7 |
| KEYWORDS: |
Bloom’s: Apply |
|
59. What is the purpose and nature of Rule 41?
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Executing Search Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.6 |
| KEYWORDS: |
Bloom’s: Understand |
|
60. Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found in a search.
| ANSWER: |
Answers will vary. |
| REFERENCES: |
Constitutionally Defective Warrants |
| LEARNING OBJECTIVES: |
CPCJ.FERD.16.4.5 |
| KEYWORDS: |
Bloom’s: Analyze |
|
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