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Question
According to the waiver test of consent:a. any search free of coercion is obtained by consent.
b. those who consent need to know they have a right to refuse consent.
c. once a person consents, they cannot retract their consent.
d. a consent search is valid only if the person consenting voluntarily and knowingly waives her Fourth Amendment rights.
Answer
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Related questions
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Q:
Bivensactions are:
a. constitutional tort actions against federal officers.
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d. banned against federal officials.
Q:
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a. True
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Q:
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a. True
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Q:
The text refers to __________ as police actions and procedures that violate any of the five constitutional rights.a. bad evidence b. bad methods c. good methodsd. good evidence
Q:
According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
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c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in record keeping was negligent but not reckless
Q:
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
Q:
The Supreme Court's decision in Weeks v. U.S.in 1914 is significant because it:a. began the Fourth Amendment's annexation of the exclusionary rule.b. held that the exclusionary rule applies to state court criminal proceedings.c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Q:
Which of the following is NOT a potential negative consequence of the exclusionary rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
Q:
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__________is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.
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Q:
The right to remain silent can be traced back in history to the:
a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
Q:
In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:
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b. the need to have standard procedures for investigating crimes
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Q:
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Q:
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Q:
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a. True
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Q:
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a. has been declared unconstitutional by the courts that have considered it.
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c. has been found to be constitutional by the courts of appeal that have considered it.
d. has not yet been addressed in any court opinions.
Q:
The Supreme Court in Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that the:a. warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment.b. searches do not violate the Fourth Amendment because the incidence of cocaine use among pregnant women has created a special need.c. searches do not violate the Fourth Amendment if doctors suspect the mother is using cocaine.d. searches violate the Fourth Amendment because they are conducted by health care professionals and not law enforcement.
Q:
The need for prison and jail security permits searches without probable cause or a warrant of:a. prisoners and pretrial detainees.b. prisoners, pretrial detainees, and visitors to the prison. c. only prisoners.d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Q:
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:
a. constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
b. constitutional, because prisoners forfeit all Fourth Amendment rights.
c. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
d. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.
Q:
In determining the reasonableness of airport searches, courts have:
a. not ruled on this matter.
b. held they entail minimal intrusions that apply to all passengers.
c. considered them to be private searches.
d. held that airports may conduct such searches to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.