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Question
Police detectives begin to interrogate a criminal suspect without having read the Miranda warnings. During this initial questioning, the suspect makes an incriminating statement. The detectives, after hearing the incriminating statement, make the suspect aware of his Miranda rights. Questioning continues and the suspect repeats the incriminating information. How are the courts most likely to view the statement?a. The incriminating statement is inadmissible.
b. The incriminating statement is admissible, but any derivative evidence that can be gathered from the information in the statement is inadmissible.
c. The incriminating statement is inadmissible, but any derivative evidence that can be gathered from the information in the statement is admissible.
d. The incriminating statement is admissible, as is any derivative evidence that can be gathered from the information in the statement.
Answer
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Related questions
Q:
Police convenience and safety are deemed reasonable justification for the plain view doctrine because _____.
a. current jurisprudence favors law enforcement over the rights of citizens
b. the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights
c. the Fourth Amendment probable cause requirements are met by the doctrine
d. the burden of proof is on the police and prosecutor
Q:
During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.
a. reasonable suspicion
b. absolute certainty
c. clear and convincing evidence
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An officer receives permission from the resident of an apartment to "walk around". This permission allows the officer to:
a. search anyone found on the premises.
b. search the home owner.
c. seize items in the plain view of the officer.
d. seize property owned by others but stored on the premises.
Q:
Which of the following statements is true?
a. In some situations consent obtained through threat of force may be deemed voluntarily given.
b. Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.
c. Voluntary consent to search must be given orally.
d. Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or educational level of the person giving consent.
Q:
An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that she doesn"t own certain boxes and luggage lined up against the wall. Given the circumstance, select the true statement.
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b. The police are free to search anything in the apartment because consent to a general search cannot be rescinded.
c. The police cannot search the luggage or boxes because there has been an implied limitation placed on the scope of the consensual search.
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Q:
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Q:
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Q:
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Q:
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Q:
Explain the limitations on consent to search that pertain to the expressed object of the search.
Q:
Summarize the Schneckloth rule concerning voluntary consent searches.
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b. False
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What is meant by a show of authority?
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Q:
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a. True
b. False
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a. True
b. False
Q:
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a. True
b. False
Q:
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a. True
b. False
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a. True
b. False
Q:
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a. whether the officer displayed a weapon
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c. whether the officer involved was undercover or in uniform
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d. use the feel of the item as probable cause to obtain a warrant.
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a. pat-down
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c. body search
d. strip search
Q:
If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _____ under the Fourth Amendment.
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Q:
Select the true statement.
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c. Probable cause is required to initially justify a frisk.
d. To stop a person, probable cause is needed; but to frisk a person reasonable suspicion is required.
Q:
Describe the amount of force that law enforcement officers may use when searching a person. In what way(s) is the common law definition of resisting arrest different from the modern definition?
Q:
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