Exam Questions and CORRECT Answers
Which of the following constitutional amendments is violated if counsel's performance is so
inadequate that the defendant is denied a fair trial? - CORRECT ANSWER- Sixth.
The Court has recently ruled that a dog sniff of luggage is not a search under the Fourth
Amendment to the Constitution. Which of the following is required before a dog is allowed to
sniff someone's luggage on an airport carousel? - CORRECT ANSWER- Nothing.
With regard to a Terry frisk, which one of the following statements is least accurate? -
CORRECT ANSWER- In determining whether or not the officer acted reasonably in such
circumstances, due weight must be given to vague but strong suspicions that something is wrong.
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized. - CORRECT ANSWER- Fourth
Amendment.
The courts have held that evidence or contraband found because of an unconstitutional search
may be inadmissible in any court proceedings against the possessor of the material. This is
known as the - CORRECT ANSWER- exclusionary rule.
If a state treats a class of indigent defendants differently for purposes of offering them the
opportunity to appeal, which of the following is most seriously violated? - CORRECT
ANSWER- The equal protection clause of the Fourteenth Amendment.
According to the Constitution, no search warrant shall be issued except on a showing of -
CORRECT ANSWER- probable cause.
A provision in the Occupational Safety and Health Act (OSHA) that empowered agents to
search, without a warrant, the work area of any employment facility within OSHA's jurisdiction
for safety hazard was - CORRECT ANSWER- illegal since a warrant is required under these
circumstances.
Read the following very closely and choose the best answer. Which of the following most
certainly requires Miranda warnings? - CORRECT ANSWER- A motorist being arrested for
bank robbery and asked about the crime.
In the landmark case of Terry v. Ohio, the Supreme Court applied which of the following tests? -
CORRECT ANSWER- Balancing test.
, According to the Supreme Court, which of the following may not issue an arrest warrant? -
CORRECT ANSWER- Prosecutors.
Sergeant Vitry is at the scene of a homicide in the residence of Mrs. Coulvillion. The body of Mr.
Coulvillion was taken out of the house by the medical examiner. Sergeant Vitry tells Mrs.
Coulvillion that other officers will be coming to set up a crime scene. Mrs. Coulvillion tells
Sergeant Vitry that she does not want the officers in her home anymore and that they are not
allowed in unless they have a warrant. Sergeant Vitry should - CORRECT ANSWER- secure
the scene and get a warrant.
Which of the following is an example of a search within the meaning of the Fourth Amendment
to the Constitution? - CORRECT ANSWER- Use of a magnetometer to detect weapons at an
international airport.
Of the following, select the one that a defendant may choose to represent him or her at his or her
criminal trail? - CORRECT ANSWER- The defendant him-or herself.
Police officers undertook a decoy operation in a high-crime area where young gang members
were thought to have been snatching purses from passerby. An officer posing as an inebriated
indigent smelling of alcohol and pretending to drink wine from a bottle plainly displayed $150 in
currency. Two suspects then stole the money from the officer. The courts ruled that the decoy
operation was - CORRECT ANSWER- illegal, since the decoy situation did not match the
method of operation used by the perpetrators of the unsolved crimes in the area, making it
entrapment.
The standard of proof required for conviction at a criminal trial is - CORRECT ANSWER-
beyond a reasonable doubt.
Which one of the following is considered to be "evanescent evidence"? - CORRECT ANSWER-
Dried blood under a person's fingernails.
The primary legal advisor to the gran jury is - CORRECT ANSWER- the prosecutor.
The touchstone of reasonableness under the Fourth Amendment is sufficient - CORRECT
ANSWER- probability.
The Sergeant in charge of the detective squad had an eyewitness view two separate lineups. The
witness was told that the suspects might or might not appear in the room being viewed. The
suspect was not in the first lineup but was in the second. The Sergeant wanted to guard against
the possibility of the eyewitness simply being inclined to accuse someone, whether the
eyewitness really recognized him or her or not. The lineup the Sergeant used is referred to as a(n)
- CORRECT ANSWER- blank lineup.
This United States Constitutional Amendment grants the accused the right to a speedy and public
trial. - CORRECT ANSWER- Sixth Amendment.