Take my Criminal Law and Evidence exam!

Kinder Graham | Respected Invincible!
 
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Already got a 96 on it and it was all online, so I simply copy/pasted the questions. Just post your answers and I'll respond with your grade and a PM of what you got right and possibly wrong

Question 1
After making a valid stop of a vehicle the officer can order the driver to exit the vehicle only if he/she has which of the following?

reasonable suspicion
probable cause
a warrant
needs no justification


Question 2
Cases are tried in Virginia at what level of the court system?
   
General District Court
Circuit Court
the Virginia Court of Appeals
A and B


Question 3
If an officer encourages a private citizen to search his neighbors house for a stolen television, the Fourth Amendment:

does not apply
applies only if evidence of crime is found
applies
does not apply if there was probable cause


Question 4
A ____ must be limited initially to a pat-down of a person's outer clothing.

search
frisk
warrantless search
none of these



Question 5
A grand jury hearing is required in all federal and Virginia felony prosecutions; this is not a requirement in all states, however.

True
False



Question 6
An officer's activity in looking at an item from a place where the officer has a right to be is covered under the
      
A.plain view doctrine
open view doctrine
immediacy doctrine
open fields doctrine



Question 7
Everything else being equal, most courts would consider information offered by an ordinary citizen to be
      
Unreliable
Reliable if corroborated
Unreliable unless corroborated
Reliable



Question 8
A Fourth Amendment search is an intrusion into an area where a person has a reasonable expectation of privacy.
True
False



Question 9
In Britain, illegally obtained evidence is admitted in court, but:
   
the defendant cannot be imprisoned for the crime
the officer at fault is subject to internal department discipline
the agency involved must pay a heavy fine to the defendant
the officer at fault must pay a heavy fine to the defendant



Question 10
A stop and an arrest are identical in that both:

require probable cause
require reasonable suspicion
are usually conducted with a warrant
are Fourth Amendment seizures of a person



Question 11
A frisk is automatically authorized after all stops.
True
False



Question 12
Abandoned property is not protected by the Fourth Amendment guarantee against unreasonable searches and seizures, so it may be seized without a warrant or probable cause.
True
False



Question 13
An arrest warrant for Mr. X cannot be used to enter the home of other persons to arrest Mr. X.
False
True



Question 14
Without there being an exception to the warrant requirement, a search cannot be performed until ____ has been established.
   
   
reasonable suspicion
a hunch
probable suspicion
probable cause



Question 15
A search is a meaningful interference with a person's right to possess property.

True
False



Question 16
All state courts follow the federal pattern.

True
False



Question 17
After making a valid stop an officer does not need further justification to order a driver out of a vehicle.

True
False

Question 18
A search is limited to homes, offices, buildings, or other enclosed places.
True
False



Question 19
Defendants can be tried in two different states for essentially the same crime, if the crime or an element thereof was committed in those states.

True
False



Question 20
A stop by a police officer for no reason or without any justification is:    

not a stop
unusual
legal
illegal



Question 21
A frisk is a pat-down of the outer clothing to find:

controlled substances
evidence of any type of crime
identification materials
weapons



Question 22
Detention must not be longer than that required by the circumstances, and it must take place by the "least intrusive means," meaning that it must not be more than that needed to verify or dispel the officer's suspicions.

True
False



Question 23
Appellate courts generally:

determine whether errors were committed by the courts below them
retry the case
decide the true facts of the case
hear new evidence



Question 24
A person has been seized (although they are not necessarily under arrest) under the Fourth Amendment if a reasonable person would believe:

the police want to seize their property
the police want to search their person
they are not free to leave
the police want to ask them questions



Question 25
An indictment is issued by

A prosecuting attorney
A grand jury
A police officer
A judge



Question 26
Federal felony criminal cases are tried in U.S. ____ Courts.

District
Magistrate
Commissioner"s
Common pleas



Question 27
After a lawful custodial arrest, police may automatically search:

the entire home, business or vehicle in which the person was arrested
any place within 10 yards of the arrest
the area within the suspect's immediate control
any persons within 10 yards of the arrest



Question 28
If the police make an honest and reasonable error or mistake which violates the Fourth Amendment, the evidence may still be admissible under application of the ____ exception.

"fruit of the poisonous tree"
good faith
valid warrant
independent source



Question 29
A stop becomes an arrest when it is:

more than 15 minutes
more than 30 minutes
uncomfortable for the detainee
longer than necessary




Question 30
In general, felonies are considered less serious crimes than misdemeanors, and the penalty schedule for felonies relfects that

True
False



Question 31
Assume that the police search Mr. X's home without a warrant and in violation of the Fourth Amendment. At his home they find a key, which they recognize as being for a locker at the local bus station. They go to the bus station, find the locker, and open it, discovering a substantial amount of cocaine inside. Which of the following rules states that this evidence is not admissible?

purged or dissipated taint
fruit of the poisonous tree
inevitable discovery
independent source



Question 32
Fourth Amendment protections do not apply at immigration borders because

a compelling governmental interest (national security) overrides them at such locations
both U.S. citizens and foreign nationals are governed by the laws of the adjacent country until they have left the border area
immigration officials are immune to Fourth Amendment protections
none of these


Question 33
A suspect who is stopped cannot be forced by the officer to reply to questions.

True
False



Question 34
After a valid stop, the officer may ask questions of the driver and passengers.
True
False



Question 35
Assuming there is no questioning of the suspect, and the suspect appears voluntarily at the procedure, which of the following rights is the only one that applies at all such lineups, showups and photographic identification procedures, no matter when they occur?

right to counsel
privilege against self-incrimination
due process
double jeopardy



Question 36
A consent to frisk based on submission to police authority, or for example, intimidation, is not a valid consent.

True
False




Question 37
Constructive seizure is accomplished by taking the person into custody with the use of hands or firearms.

True
False




Question 38
Abandonment implies giving up which of the following?
   
possession
ownership
reasonable expectation of privacy
all of the above



Question 39
In this class, an arrest made "on the street," without a warrant, is referred to as

An on-site arrest
An on-view arrest
An on-sight arrest
A warrantless arrest



Question 40
A frisk is a search for evidence.

True
False



Question 41
An officer has validly stopped a motorist and wants to ask the motorist for consent to search. This request for consent:

must be based on a reasonable suspicion that there is contraband in the vehicle
must be based on probable cause to believe that there is contraband in the vehicle
may be made only if the suspect is arrested
can be made automatically and at any time during the stop




Question 42
A vehicle stop is a Fourth Amendment:

seizure of persons and property
search of property
search of a person
seizure equivalent to an arrest



Question 43
A person does not retain a reasonable expectation of privacy in trash once it

leaves their immediate possession
is placed in plain view
is placed in a public area
both b and c



Question 44
In Virginia, the incident of the issuance of a Virginia Uniform Summons (UVS) in which the offender signs her name as her written promise to appear constitutes

A non-custodial arrest
An arrest
A traffic ticket
An appearance in court



Question 45
In Virginia and in the federal system, a search warrant is issued by a magistrate or judge on the basis of a ____ prepared and signed by a law enforcement officer.

sworn affidavit
statement of reasonable suspicion
writ
complaint



Question 46
An officer may enter a dwelling without a warrant in response to:
      
a hunch a crime has been committed
screams for help
a reasonable suspicion that drugs are on the premises
a belief that a wanted felon is inside



Question 47
Hot pursuit or fresh pursuit is an exception to the warrant requirement.

True
False



Question 48
An arrest warrant issued in one state is valid in all other states.

True
False



Question 49
Exigent circumstances constitute an exception to the warrant requirement.
True
False



Question 50
A suspect is not entitled to Miranda warnings before being put into a lineup because

lineups never involve custody of a suspect
there is no interrogation or testimonial evidence from the suspect
lineups are not a critical stage
the privilege against self-incrimination only applies to court proceedings



rC | Mythic Inconceivable!
 
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big dog | Mythic Inconceivable!
 
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This is a final exam?

lol