Criminal Procedure for the Criminal Justice Professional, International Edition, 11th Edition by John N. Ferdico – Test Bank

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Criminal Procedure for the Criminal Justice Professional, International Edition, 11th Edition by John N. Ferdico – Test Bank

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Chapter 02

 

TEST BANK

 

 

Multiple Choice

 

1. A court’s authority to hold a trial is
   2. original jurisdiction.
   3. appellate jurisdiction.

 

ANS: B           REF: 43                       LO: 2

 

2. A court which has only appellate jurisdiction has authority to
   1. retry a case.
   2. review the evidence to determine facts.
   3. review the legal issues of a case.
   4. review only plain error.

 

ANS: C           REF: 43-44                 LO: 2

 

3. The structure of the federal court system in order of authority from lowest to highest is
   1. US Court of Appeals, US District Court, US Supreme Court.
   2. US District Court, US Superior Court, US Supreme Court.
   3. US Circuit Court, US District Court, US Supreme Court.
   4. US District Court, US Court of Appeals, US Supreme Court.

 

ANS: D           REF: 42-45                 LO: 1

 

4. A court which can try all types of cases has
   1. limited jurisdiction.
   2. appellate jurisdiction.
   3. general jurisdiction.

 

ANS: C           REF: 43                       LO: 2

 

5. When the US Supreme Court grants a writ of certiorari, this means that
   1. the Court is taking original jurisdiction over the case.
   2. the Court is obligated to review the case.
   3. the Court is willing to review a case decided by a lower court.
   4. the Court is willing to retry the case.

 

ANS: C           REF: 47                       LO: 1

 

6. ________________ occurs when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.
   1. Vindictive prosecution
   2. Selective prosecution
   3. A violation of civil rights
   4. Malicious prosecution

 

ANS: A           REF: 49-50                 LO: 5

 

7. The purpose of the preliminary hearing is
   1. to try the defendant.
   2. to accept the defendant’s plea.
   3. to determine the existence of probable cause.
   4. to make a judgment on motions to suppress evidence.

 

ANS: C           REF: 56-57                 LO: 4

 

8. Which of the following is a true statement about plea bargaining?
   1. A plea agreement is not a contract.
   2. If the defendant breaches a plea agreement, the prosecution can pursue charges, but cannot pursue more serious charges than originally planned.
   3. Very few cases are resolved through plea bargaining.
   4. If the prosecution breaches a plea agreement, the defendant may be allowed to withdraw a guilty plea.

 

ANS: D           REF: 65-66                 LO: 6

 

9. Which of the following best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?
   1. first notice
   2. venue
   3. arraignment
   4. geographic subdivisions

 

ANS: B           REF: 40-42                 LO: 7

 

10. The only document on the following list which is not based on probable cause is
    2. prosecutor’s information.
    3. a true bill.
    4. a subpoena.

 

ANS: D           REF: 68                       LO: 3

 

 

 

11. At which proceeding is the defendant’s plea requested?
    1. indictment
    2. preliminary hearing
    3. initial appearance
    4. arraignment

 

ANS: D           REF: 61-65                 LO: 4

 

12. What is the limitation that exists on a prosecutor’s discretion to file charges and to make a determination about what offense to charge?
    1. The prosecutor must have an established record of making the same decision in substantively similar cases.
    2. The prosecutor must have probable cause to believe the defendant committed the charged offense.
    3. The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence.
    4. The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense.

 

ANS: B           REF: 49-50                 LO: 5

 

13. Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant’s guilt is called:
    1. error-prone evidence
    2. circumstantial evidence
    3. exculpatory evidence
    4. impeachment material

 

ANS: C           REF:67-68                  LO: 6

 

14. The main purpose of the arraignment is to
    1. indict the defendant.
    2. accept a plea from the accused.
    3. set bail for the accused.
    4. determine probable cause.

 

ANS: B           REF: 61-65                 LO: 4

 

15. Which is not an acceptable plea in a criminal case?
    1. Not guilty
    2. Guilty
    3. Nolo contendere
    4. Innocent

 

ANS: D           REF: 61-65                 LO: 4

 

16. Which of the following is not one of the modern justifications for assessing a defendant’s competence to stand trial?
    1. An incompetent person cannot effectively make decisions about the course and nature of the defense.
    2. An incompetent person cannot effectively testify on their own behalf.
    3. An incompetent person is one that does not have the resources to pay for the defense.
    4. Prosecution of an incompetent person would potentially threaten the dignity of the proceedings.

 

ANS: C           REF: 69-71                 LO: 6

 

17. Circumstantial evidence is evidence that:
    1. indirectly infers a fact at issue.
    2. directly establishes a fact at issue.
    3. can be physical, tangible evidence, but not testimonial evidence.
    4. can be testimonial evidence, but not physical, tangible evidence.

 

ANS: A           REF: 71-74                 LO: 6

 

18. The exclusionary rule:
    1. does not exclude evidence that could have been later obtained from an independent source.
    2. automatically excludes all evidence seized in violation of the U.S. Constitution.
    3. applies only to federal criminal trials, but not state trials.
    4. is a rule that is explicitly stated in the Fourth Amendment.

 

ANS: A           REF: 81-85                 LO: 8

 

19. The exclusionary rule:
    1. applies to evidence seized by both the police and private citizens (who are not working with the police as a state agent).
    2. was designed to deter police misconduct.
    3. is a rule that is explicitly stated in the Fourth Amendment.
    4. has always applied to both state and federal criminal proceedings.

 

ANS: B           REF: 75                       LO: 8

 

 

 

 

 

 

 

 

20. The exclusionary rule
    1. requires exclusion of tainted evidence even if it is relevant.
    2. requires that the state not prosecute an individual whose constitutional rights have been violated by police.
    3. excludes testimony by a defendant whose constitutional rights have been violated by police.
    4. has always applied to both state and federal criminal proceedings.

 

ANS: A           REF: 74-90                 LO: 8

 

21. The exclusionary rule
    1. requires that the state not prosecute a person if the police violate the accused person’s constitutional rights.
    2. requires that admissible evidence be relevant and trustworthy.
    3. currently applies only to federal courts and federal officers.
    4. requires that if police unconstitutionally seize evidence, it not be used in a criminal prosecution against the person whose rights were violated.

 

ANS: D           REF: 74-90                 LO: 8

 

22. The exclusionary rule
    1. requires that a defendant not be prosecuted if police violate the defendant’s rights.
    2. requires that police be prosecuted if they violate a defendant’s rights.
    3. does not require the exclusion of other evidence that is not connected to the tainted evidence.
    4. forbids prosecution with poisonous fruits.

 

ANS: C           REF: 74-90                 LO: 8

 

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
    1. primary evidence.
    2. derivative evidence.
    3. circumstantial evidence.
    4. fruit of the poisonous tree.

 

ANS: B           REF: 71-74                 LO: 8

 

 

 

 

 

 

 

24. Which of the following best describes the “inevitable discovery” exception to the exclusionary rule?
    1. 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.
    2. 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.
    3. 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.
    4. 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.

 

ANS: A           REF: 81-85                 LO: 8

 

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
    1. the attenuation exception.
    2. the independent source exception.
    3. the inevitable discovery exception.
    4. the good faith exception.

 

ANS: B           REF: 81-85                 LO: 8

 

26. A patrol officer is chasing a suspect fleeing from an armed robbery where 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. Which of the following would be most applicable to making the gun admissible at trial?
    1. Derivative evidence exception
    2. Good faith exception
    3. Inevitable discovery exception
    4. Attenuation exception

 

ANS: C           REF: 81-85                 LO: 8

 

 

 

27. To invoke the exclusionary rule to challenge the admissibility of evidence, the defendant must have standing, therefore
    1. the defendant must be competent to stand trial.
    2. the defendant must be sane.
    3. the defendant must be on trial.
    4. the defendant’s right to privacy must have been violated.

 

ANS: D           REF: 88-90                 LO: 8

 

28. Based on the concept of “new federalism”:
    1. the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual.
    2. the state law is always given authority over federal law.
    3. the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual.
    4. 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.

 

ANS: C           REF: 75-76                 LO: 8

 

29. Civil lawsuits against state agents are one alternative to the exclusionary rule. A problem with relying on section 1983 lawsuits to deter police misconduct is:
    1. civil rights lawsuits can only be filed by members of certain protected classes.
    2. police and other agents of the state are able to claim absolute immunity.
    3. police and other agents of the state are able to claim qualified immunity.
    4. police and other agents of the state are able to claim transactional immunity.

 

ANS: C           REF: 76-78                 LO: 8

 

30. The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless:
    1. the prosecutor violated office policy knowingly.
    2. the District Attorney’s Office knowingly drafted a policy that violated Brady.
    3. there the individual defendant was clearly damaged in some way.
    4. there was a pattern of violations.

 

ANS: D           REF: 78                       LO: 8

 

 

True/False

 

1. If a criminal suspect is arrested without a warrant, the complaint serves as the charging document.

 

ANS: T            REF: 51-54                 LO: 2

 

2. In felony cases, the purpose of the initial appearance is to accept the defendant’s plea.

 

ANS: F            REF: 54-55                 LO: 4

 

3. The purpose of the grand jury is to reach a verdict in a criminal case.

 

ANS: F            REF: 58-61                 LO: 4

 

4. A plea of nolo contendere is an admission of guilt, but cannot be used against the defendant in a civil action.

 

ANS: F            REF: 61-62                 LO: 4

 

5. DNA evidence is in all instances direct evidence.

.

ANS: F            REF: 71-74                 LO: 6

 

6. Proof to an absolute certainty is not required in any phase of the judicial process in the United States.

 

ANS: T            REF: 71-74                 LO: 6

 

7. The U.S. Supreme Court has not adopted a specific definition for the “beyond a reasonable doubt” standard.

 

ANS: T            REF: 71-74                 LO: 6

 

8. 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.

 

ANS: T            REF: 85-88                 LO: 8

 

9. The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.

 

ANS: F            REF: 85-88                 LO: 8

 

10. Competency to stand trial can be raised at any point in the criminal process, even after a conviction.

 

ANS: T            REF: 69-71                 LO: 6

 

 

 

Fill-in-the-blank

 

1. The lowest level of criminal court in the federal system is ______________.

 

ANS: U.S. District Court                   REF: 45-46                 LO: 1

 

2. Criminal process against a felony defendant begins formally with the filing of a ___________.

 

ANS: complaint                                  REF: 51-54                 LO: 3

 

3. An affidavit can be described as a ______________.

 

ANS: sworn statement                        REF: 51-54                 LO: 3

 

4. The location of the court is referred to as _______.

 

ANS: venue                                        REF: 40-42                 LO: 7

 

5. The main purpose of ________ is to accept the defendant’s plea.

 

ANS: arraignment                               REF: 61-65                 LO: 4

 

6. The prosecutor’s failure to disclose evidence which would show the defendant to be not guilty is a violation of the ________.

 

ANS: Brady Rule                               REF: 67-68                 LO: 6

 

7. A ______ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.

 

ANS: summons                                   REF: 58-61                 LO: 2

 

8. 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.

 

ANS: standing                                                REF: 88-90                 LO: 8

 

9. 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.

 

ANS: grand jury                                 REF: 58-61                 LO: 4

 

10. 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) __________.

 

ANS: affidavit                                                REF: 51-54                 LO: 3

 

 

Essay

 

1. Identify and describe the lowest level of criminal court in your state’s system? Describe the types of cases the court typically handles.  [Answer will depend on which state students are in.]

 

ANS: Answers will vary.        REF: 40-49                 LO: 1

 

2. Draw a schematic diagram comparing the federal court system to your state’s system. [Answer will depend on which state students are in.] Explain the differences in the diagram of your state system against the diagram (from the text) of the federal court system.

 

ANS: Answers will vary.        REF: 40-49                 LO: 1

 

3. List and explain the stages of the criminal justice system from arrest through arraignment in proper sequence.

 

ANS: Answers will vary.        REF: 49-66                 LO: 2

 

4. Explain the difference between 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.

 

ANS: Answers will vary.        REF: 71-72                 LO: 2

 

5. Explain the notions of burden of persuasion and burden of production.

 

ANS: Answers will vary.        REF: 72                       LO: 2

 

6. What does the notion of “new federalism” mean? Provide an example of “new federalism” in action.

 

ANS: Answers will vary.        REF: 75-76                 LO: 8

 

7. What is derivative evidence? Provide an example.

 

ANS: Answers will vary.        REF: 81                       LO: 8

 

8. Identify and discuss the different exceptions to the exclusionary rule. Provide an example of each exception.

 

ANS: Answers will vary.        REF: 81-88                 LO: 8

 

9. Explain what is meant by the term “demonstrative evidence.”

 

ANS: Answers will vary.        REF: 72                       LO: 2

 

10. Explain the difference between venue and jurisdiction.

 

ANS: Answers will vary.        REF: 40-45                 LO: 2

 

Chapter 04

TEST BANK

 

 

Multiple Choice 

 

1. Proper execution of an anticipatory search warrant is dependent upon:
   1. a triggering condition.
   2. reasonable suspicion.
   3. reasonable suspicion and a triggering condition.
   4. witness testimony and reasonable suspicion.

 

ANS: A           REF: 147                     LO: 3

 

2. For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n)
   1. invasion of a constitutionally protected area.
   2. interference with a person’s possessory interests in that property.
   3. interference with a person’s reasonable expectation of privacy.
   4. infringement on a person’s house, papers, and effects.

 

ANS: B           REF: 130                     LO: 1

 

3. What were all-purpose warrants referred to in early colonial America?
   1. General warrants
   2. Star chamber warrants
   3. Writs of assistance
   4. Writs of mandamus

 

ANS: C           REF: 130                     LO: 1

 

4. A general warrant is characterized by which of the following?
   1. Lack of specificity in the description of the place to be searched.
   2. Directed to a specific officer or department.
   3. Signed by the clerk of the court rather than a magistrate.
   4. Used only against smugglers.

 

ANS: A                                               REF: 130                     LO: 1

 

 

 

 

 

 

 

 

5. Which of the following is a violation of the truthfulness requirement that officers are bound to follow when applying for a warrant?
   1. Intentionally or knowingly making false statements.
   2. Intentionally or knowingly making false statements; knowingly or recklessly omitting material information from a warrant application; or swearing to information with reckless disregard for the truth.
   3. Swearing to information with reckless disregard for the truth or intentionally or knowingly making false statements.
   4. Knowingly or recklessly omitting material information from a warrant application.

 

ANS: B           REF: 148-149             LO: 5

 

6. To qualify to issue a warrant, the judicial officer must be
   1. neural and attached.
   2. neutered and detached.
   3. neutral and semi-detached.
   4. neutral and detached.

 

ANS: D           REF: 131-132             LO: 2

 

7. Which of the following is deemed not sufficiently neutral and detached to issue warrants?
   1. Justice of the peace
   2. Clerk of the court
   3. State attorney general
   4. Magistrate

 

ANS: C           REF: 131-132             LO: 2

 

8. The neutral and detached requirement for the issuing authority means that the issuer
   1. must not have anything to gain or lose in the outcome.
   2. must not be related to the officer.
   3. must not have had business relations with anyone involved in the case.
   4. must not care about the probable cause.

 

ANS: A           REF: 131-132             LO: 2

 

 

 

 

 

 

 

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):
   1. administrative search warrant
   2. anticipatory search warrant
   3. conditional search warrant
   4. general search warrant

 

ANS: B           REF: 147                     LO: 3

 

10. Probable cause to search has two requirements which probable cause to arrest does not have. They are:
    1. that the information must not be stale and particularity regarding place and items.
    2. that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli.
    3. that the information was NOT from an informant and particularity regarding place and items.
    4. reasonable suspicion and particularity regarding place and items.

 

ANS: A           REF: 132-147             LO: 4

 

11. In a situation where the officer acts in reckless disregard for the truth when applying for a warrant:
    1. the entire warrant will automatically be deemed constitutionally defective.
    2. some clauses from the deficient parts of the warrant may be severed or redacted.
    3. the officer will automatically be civilly liable in any Section 1983 claim that is filed.
    4. the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this situation.

 

ANS: B           REF: 150                     LO: 5

 

12. Probable cause must be based on
    1. Aguilar/Spinelli.
    3. reasonable suspicion.
    4. proof beyond a reasonable doubt.

 

ANS: B           REF: 132                     LO: 1

 

 

 

 

13. Which of the following is true concerning a Franks hearing?
    1. 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.
    2. A simple allegation of falsity and/or material omission is insufficient to trigger (initiate) a Franks
    3. 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.
    4. All criminal suspects are entitled to a Franks

 

ANS: A           REF: 148-149             LO: 5

 

14. Which description does not satisfy particularity?
    1. VHS videotape, labeled: 349, titled: A. Pretty Pet
    2. RCA television set, stolen from 35 Main St., Canton, NY
    3. Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name “Lisa” engraved on stock
    4. All cannabis plants

 

ANS: B           REF: 141-147             LO: 4

 

15. Which of the following descriptions lacks sufficient particularity to satisfy the Fourth Amendment?
    1. Various obscene books, magazines and video tapes
    2. Various instruments and tools used in perpetrating burglary, which were instrumentalities of such crime
    3. All marijuana located on the premises
    4. Homemade pipe bomb

 

ANS: A           REF: 141-147             LO: 4

 

16. Which of the following items is not required on a search warrant form?
    1. Name of magistrate
    2. Owner of the place to be searched
    3. Name of the officer or department to conduct the search
    4. Time during day when search may be executed

 

ANS: B           REF: 148                     LO: 2

 

 

 

 

 

 

 

17. Which of the following items is not required on a search warrant form?
    1. Name of officer/department to conduct the search
    2. Date of issuance
    3. Magistrate’s signature
    4. Probable cause for the search

 

ANS: D           REF: 148                     LO: 2

 

18. The execution of a search warrant must normally be
    1. immediately after issuance.
    2. initiated during daytime.
    3. discontinued after dark.
    4. done in the presence of the occupant(s).

 

ANS: B           REF: 153-154             LO: 4

 

19. The execution of a search warrant must normally be
    1. terminated when the items on the warrant are found.
    2. terminated when it gets dark.
    3. done in the presence of the occupants.
    4. terminated as soon as possible after issuance.

 

ANS: A           REF: 173                     LO: 4

 

20. Officers executing a search warrant for a particularly described premises may not
    1. search other buildings which may be on that land.
    2. search vehicles which may be parked on that land.
    3. search people on the premises without further justification.
    4. search the open fields around the land.

 

ANS: C           REF: 141-143             LO: 8

 

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
    1. may break in without further process.
    2. should wait for a supervisor’s approval.
    3. must make a further investigation to insure no one is home.
    4. must return when someone is home.

 

ANS: A           REF: 156-157             LO: 6

 

 

 

 

 

22. Officers about to execute a search warrant for narcotics in a dwelling
    1. may break in without notice.
    2. may enter through unlocked windows or doors then announce their presence.
    3. should disregard knock and announce since the warrant is for narcotics.
    4. must follow knock and announce requirements.

 

ANS: D           REF: 156-157             LO: 6

 

23. An officer about to execute a search warrant has a sudden feeling that the occupants might resist and the officer becomes afraid. The officer has no facts or circumstances to support this belief. The officer
    1. may break in without notice.
    2. may surreptitiously enter.
    3. must still knock and announce.
    4. must get permission from a supervisor to break in.

 

ANS: C           REF: 156-157             LO: 6

 

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
    1. may without further justification search the people for the drugs.
    2. need additional probable cause that the people have the drugs on them to search them for the drugs.
    3. should without additional justification search the owner for the drugs but not the others.
    4. may without further justification search everyone for weapons.

 

ANS: B           REF: 162-166             LO: 4

 

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.
    1. The officers may, without more, search the premises and everyone in it for drugs.
    2. The officers may, without more, search the premises for drugs and frisk the people for weapons.
    3. The officers may, without more, search the premises for drugs, but need specific probable cause for each person they want to search for drugs or frisk for weapons.
    4. The officers may, without more, 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.

 

ANS: D           REF: 162-166             LO: 4

 

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
    1. may seize all the other firearms immediately.
    2. may seize only the shotguns described on the warrant.
    3. may seize the shotguns described on the warrant and may examine all the other firearms to determine if they are stolen property.
    4. may seize the shotguns described on the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms.

 

ANS: D           REF: 170-172             LO: 4

 

27. For police to legally search areas that are appurtenant—incident to, belonging to, or going with—the residence listed on the warrant:
    1. the appurtenant areas must be explicitly stated in the language of the warrant.
    2. the items that are the listed in the warrant must be capable of storage in the appurtenant areas.
    3. the appurtenant areas must be in plain view.
    4. the owner of the premises must consent.

 

ANS: B           REF: 167                     LO: 4

 

28. Relating to arrest and search warrants, the doctrine of severability:
    1. enables total suppression of evidence in instances where a warrant is deficient.
    2. allows co-defendants to be charges separately
    3. allows a defendant with multiple counts to be tried separately on each count.
    4. allows problematic clauses of a warrant to be redacted while preserving the remaining clauses.

 

ANS: D           REF: 150                     LO: 6

 

29. In the federal system the codified procedures and rules relating to search and seizure are found:
    1. scattered throughout the codes of the U.S. code.
    2. scattered throughout the various court cases related to criminal procedure
    3. in the Federal Rules of Criminal Procedure, Rule 41
    4. in the Federal Rules of Civil Procedure, Rule 21

 

ANS: C           REF: 139-141             LO: 6

 

 

 

 

 

 

30. To obtain a valid anticipatory search warrant:
    1. 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.
    2. The police must have corroborated information from at least two different informants.
    3. Police must have sufficient basis to believe that the evidence cannot be obtained any other way.
    4. The police must have established reasonable suspicion.

 

ANS: A           REF: 147                     LO: 3

 

 

True/False

 

1. The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

 

ANS: F            REF: 152-153             LO: 4

 

2. If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.

 

ANS: F            REF: 141-143             LO: 4

 

3. The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.

 

ANS: T            REF: 132-139             LO: 1

 

4. In the case of Franks v. Delaware, the Court determined that if a search warrant was issued based on some exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence.

 

ANS: F            REF: 148-149             LO: 5

 

5. The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.

 

ANS: T            REF: 137-138             LO: 2

 

6. A search warrant can become invalid because the probable cause upon which it is based has become stale.

 

ANS: T            REF: 137-138             LO: 4

 

7. In every jurisdiction, the judicial officers authorized to issue a search warrant are the same officers authorized to issue an arrest warrant.

 

ANS: F            REF: 131-132             LO: 2

 

8. A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant.

 

ANS: T            REF: 131                     LO: 2

 

9. 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.

 

ANS: F            REF: 150                     LO: 4

 

10. Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

 

ANS: T            REF: 156-157             LO: 4

 

 

Fill-in-the-blank

 

1. A ___________ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an affidavit supporting a warrant is based.

 

ANS: Franks hearing                          REF: 148-149             LO: 2

 

2. A ________________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.

 

ANS: sneak and peak                         REF: 160-162             LO: 6

 

3. A ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a “reasonable necessity for the seizure.”

 

ANS: sneak and steal                          REF: 160-162             LO: 6

 

4. Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the probable cause ______________________ before beginning the search.

 

ANS: has become stale                       REF: 152-153             LO: 4

5. A _______ of property occurs when there is some meaningful interference with an individual’s possessory interests in that property.

 

ANS: seizure                                       REF: 130                     LO: 1

 

6. The person swearing-out an affidavit is referred to as the __________.

 

ANS: affiant                                       REF: 132-139             LO: 4

 

7. 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.

 

ANS: anticipatory                               REF: 147                     LO: 3

 

8. A ______________ is a condition precedent, other than the passage of time, which will establish probable cause to conduct a search and/or seizure.

 

ANS: triggering condition                  REF: 147                     LO: 3

 

9. 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 __________________.

 

ANS: redaction                                   REF: 150                     LO: 5

severability

 

10. Regardless of the justification for a delay, warrants must be executed before probable cause dissipates, a process commonly referred to as _________.

 

ANS: going stale                                 REF: 137-138             LO: 4

 

 

Essay

 

1. Explain the difference between search warrants in colonial America and search warrants that are issued today.

 

ANS: Answers will vary.        REF: 129-130             LO: 1

 

2. Explain the process of applying for a search warrant. Identify the considerations a law enforcement officer must be aware of if (s)he is to be successful in obtaining a search warrant.

 

ANS: Answers will vary.        REF: 130-148             LO: 2

 

3. Explain the purpose and rationale underlying the concept of an anticipatory search warrant.

 

ANS: Answers will vary.        REF: 147                     LO: 3

 

4. Pick an item in the classroom and write a description sufficient to satisfy the particularity requirement of the Fourth Amendment.

.

ANS: Answers will vary.        REF: 130-148             LO: 2

 

5. Explain the rule of law developed from the Segura case?

 

ANS: Answers will vary.        REF: 154-155             LO: 4

 

6. Explain “knock and announce” and why this rule exists.

 

ANS: Answers will vary.        REF: 155-159             LO: 6

 

7. Explain when 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.

 

ANS: Answers will vary.        REF: 160-162             LO: 6

 

8. What is meant by the “curtilage” around a home? Briefly explain what is meant by appurtenant property.

 

ANS: Answers will vary.        REF: 167                     LO: 7

 

9. Explain the purpose and nature of Rule 41.

 

ANS: Answers will vary.        REF: 139-140             LO: 6

 

10. Explain the concept of severability as it relates to warrants.

 

ANS: Answers will vary.        REF: 150                     LO: 5