Q&A Hero

Q: Any statement or conduct from which guilt of the crime can be inferred is called a/an _____ statement. a. perjured b. confessiorial c. incriminating d. allocutional

Q: The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest. a. True b. False

Q: During the 30 years from Brown v. Mississippi to Miranda v. Arizona, the U.S. Supreme Court relied on various interpretations of the Fourteenth Amendment due process clause to invalidate as involuntary 40 confessions in state trials. a. True b. False

Q: Which of the following warnings is not required by Miranda? a. right to remain silent b. right to an attorney c. statements may be used against suspect d. suspect has a right to terminate interrogation at any time

Q: Which of the following is not required under Miranda before confessions are admissible? a. Proper warnings must be given. b. The suspect must understand the warnings. c. A voluntary waiver must be obtained. d. An attorney must be present during warnings and waiver.

Q: One way a confession could be false is if the crime never occurred. a. True b. False

Q: According to research by sociologist Richard Leo, most police interrogations were coercive. a. True b. False

Q: To be entitled to Miranda warnings, the suspect must be both _____. a. a minor and under suspicion b. the focus of the investigation and under surveillance c. convicted and questioned d. in custody and subject to government interrogation.

Q: According to confessions and interrogation expert Professor Fred Inbau, police can solve many cases only if guilty persons confess. a. True b. False

Q: There are clear statistics indicating the number of false confessions per year. a. True b. False

Q: Miranda v. _____ requirements were added to the law regarding interrogation. a. Illinois b. Pennsylvania c. Montana d. Arizona

Q: In cases where the voluntariness of a confession is challenged, courts will look at the _____ a. corpus delicti b. res gestae c. totality of the circumstances d. type of crime

Q: In Colorado v. Connelly (1986), the U.S. Supreme Court ruled that Connelly's confession was voluntary even though his serious mental illness led him to believe God ordered him to "confess or commit suicide."a. Trueb. False

Q: This rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life. This is referred to as the forced confessions rationale. a. True b. False

Q: The requirement that only voluntary confessions be admitted grows out of the _____ Amendment. a. Fourth and Sixth b. Fifth and Fourteenth c. Sixth and Eighth d. Eighth and Fourteenth

Q: Under the _____ rule, a conviction cannot be based solely on an uncorroborated confession. a. corpus delicti b. habeas corpus c. res ipsa loquitur d. Bruton

Q: The Mirandadecision required police to warn suspects whenever they arrest them. a. True b. False

Q: Miranda warnings are not required when a person who is not in custody volunteers information. a. True b. False

Q: Miranda warnings are not required if the person is not in custody. a. True b. False

Q: According to the Supreme Court's decision in Miranda v. Arizona, waiver of the Miranda rights may be presumed either by silence following warnings or from an eventual confession. a. True b. False

Q: According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive. a. True b. False

Q: Once a Miranda waiver is given, it may not be withdrawn. a. True b. False

Q: Miranda requires that suspects be informed of the subject of the interrogation before the interrogation begins. a. True b. False

Q: The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court. a. True b. False

Q: Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.a. Trueb. False

Q: The totality of the circumstances includes interrogating factors and places of questioning. a. True b. False

Q: The right to remain silent is an ancient right.a. Trueb. False

Q: Why are searches of high school students reasonable without warrants or probable cause?

Q: The Miranda rule is based on the Fifth and Sixth Amendments. a. True b. False

Q: The Massiah rule is based on the Fifth Amendment. a. True b. False

Q: Why don"t searches of probationers and parolees require warrants or probable cause to be reasonable?

Q: Identify the special need for searches of prisoners and discuss prisoners' expectation of privacy.

Q: Under the Sixth Amendment, once a criminal proceeding has begun, defendants are entitled to an attorney at all critical stages. a. True b. False

Q: Identify four characteristics all special-needs searches have in common.

Q: Brutality and violence are not consistent with due process. a. True b. False

Q: Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied by inventory searches, and what substitutes for probable cause as the objective basis for an inventory search?

Q: Private citizens who are acting totally on their own and interrogating suspects do not have to give Miranda warnings. a. True b. False

Q: The safety and security of travelers are the special needs that justify __________________searches.

Q: Undercover law enforcement officers who do not plan on making an arrest do not have to give Miranda warnings and do not have to disclose their true identity. a. True b. False

Q: Miranda warnings are not required in ordinary traffic stops. a. True b. False

Q: Searches at international borders are reasonable even without warrants or probable cause under what is called the __________________.

Q: Routine, unannounced cell searches for weapons and contraband are called __________searches.

Q: If a suspect is taken into custody but not questioned, they still have a constitutional right to Miranda warnings. a. True b. False

Q: The principle by which the government stands in the place of parents is __________________.

Q: The requirement that law enforcement officers follow written, departmental procedures when conducting inventory searches is called the __________________.

Q: Body cavity searches at the border are reasonable only if authorities have __________________.

Q: Miranda warnings are not required if the suspect is not in custody. a. True b. False

Q: The objective standard necessary to justify a strip search at the border is __________________.

Q: Searches of persons and property at the border of the United States to control who and what comes in and goes out are know as ________searches.

Q: Miranda rights can be validly waived only after the suspect has had a chance to consult with an attorney. a. True b. False

Q: Searches that consist of compiling lists of property in government custody are ________searches.

Q: Juveniles charged with crimes are not entitled to Miranda warnings. a. True b. False

Q: The Miranda decision was handed down by the U.S. Supreme Court in 1966. a. True b. False

Q: Government inspections and other searches not conducted to gather criminal evidence are known as________searches.

Q: In determining whether a confession is voluntary, courts will look at the totality of the circumstances. a. True b. False

Q: Special-needs searches can never result in prosecution and conviction. a. True b. False

Q: The corpus delicti rule requires that confessions be corroborated by accomplices. a. True b. False

Q: Criminal law enforcement is not the purpose of employee drug testing. a. True b. False

Q: Sometimes even silence can constitute an incriminating statement a. True b. False

Q: Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment. a. True b. False

Q: To what extent do parolees and prisoners have expectations of privacy protected by the Fourth Amendment?

Q: The Supreme Court has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms. a. True b. False

Q: Discuss the three requirements for authorizing inspections without search warrants of closely regulated businesses.

Q: Discuss airport screenings from both the perspective of evidence being admissible and/or non-admissible in court.

Q: Discuss the obstacles to obtaining evidence in foreign countries. How can the U.S. gather information and evidence in another country? Include the MLATS as part of this discussion.

Q: According to the court in State v. Ellis, involving a search of a dormitory room at a public university, administrators may never enter students' rooms for any purpose without probable cause.a. Trueb. False

Q: The border search exception does not allow the warrantless opening of mail coming into the country. a. True b. False

Q: Probationers and parolees have diminished Fourth Amendment rights. a. True b. False

Q: According to the Supreme Court, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use. a. True b. False

Q: Discuss the cases in this chapter relevant to border searches. Why are border agents free from the requirement of probable cause or particular suspicion? Do you believe there is any "underlying" reason (besides drug interdiction) for these searches? If your answer is yes, what do you think it might be? If no, why not?

Q: The border search exception allows searches at international borders without warrants or probable cause. a. True b. False

Q: What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a warrant or probable cause? Do you agree with the decisions of those courts? Explain your position.

Q: The special need justifying routine border searches is the right to control who and what comes in and leaves the country. a. True b. False

Q: What types of checkpoints have been approved by the U.S. Supreme Court? What types of checkpoints have been disapproved by the Court? How does the Court distinguish checkpoints that are constitutional from those that are not?

Q: Describe and discuss three examples of special needs searches. Be sure to provide examples.

Q: The need to protect police from possible danger is not a justification for inventory searches. a. True b. False

Q: The U.S. Supreme Court upheld the search by a probation officer of a parolee under a Wisconsin statute that authorized searches on the basis of ____________________ suspicion.

Q: The Supreme Court has ruled that inventory searches are not Fourth Amendment searches. a. True b. False

Q: The objective basis for inventory searches consists of following routine procedures in compiling the inventory. a. True b. False

Q: Obtaining evidence from foreign countries is done through the use of ____________________ or MLATs.