FLETC #2 EXAM QUESTIONS AND
ANSWERS
Identify when the fifth amendment privilege against self-incrimination is applicable -
Correct Answers --Statements must be voluntarily made
-they must be the result of free will
-police conduct cannot over bear the subjects free will
Fifth amendment - Correct Answers -No person shall be compelled in any criminal case
to be a witness against himself
United States v. Havens 1993
Voluntariness of statements
(unacceptable practices) - Correct Answers -Force, threats, and improper promises or
rewards, drugs and liquor
Voluntariness of statements
(acceptable practices) - Correct Answers -Admonition to tell the truth.
Cooperation statement.
Confronting with evidence
Deception.
Schmerber v. California 1966 - Correct Answers -Voice examples
Hand writing samples
Demonstrations of speech or coordination.
Identifiable biographical information.
Pointing and gestures
Testimonial evidence - Correct Answers -Communicative in nature. ( oral or written,
omissions or confessions, gestures.
Non-testimonial evidence - Correct Answers -Used to identify people(hand writing
samples fingerprints, blood urine, voice examples)
Identify when Miranda warnings are required
(Miranda v. Arizona 1966) - Correct Answers -Custody, interrogation, known cops.
C+I+KC= Miranda
, Identify a valid waiver of Miranda rights - Correct Answers -(VIK)Voluntary, intelligent,
knowing
Invoking Miranda - Correct Answers -Right to silence
Right to counsel
(Ether or both)
Suspect can re-invoke Miranda - Correct Answers -"Stale warnings"
Correcting Miranda rights - Correct Answers -Do not refer to prior statements
Identify how to proceed after suspect invokes Miranda rights - Correct Answers -2 hours
to re-engage if invoke right to silence
14 days as long as not in custody if invoke right to counsel
Premature invocation of Miranda - Correct Answers -Defendant can't invoke fifth
amendment Miranda rights prior to being put in custody. Miranda must first be triggered
Predisposition - Correct Answers -Suspect ready and willing to commit crime before
LEO got involved
Entrapment Defense - Correct Answers -Initial burden on defendant
Shifts to government
Question for Jury - Correct Answers -Did government induce innocent person to commit
crime
Inducements permitted - Correct Answers -Use of decoys
Payments of money
Providing equipment
Inducements prohibited - Correct Answers -Threats against family
Sympathy or emotion
Money to impoverished target
Continuous pressure
Violent demonstrations
Premature invocation of Miranda - Correct Answers -Defendant can't invoke fifth
amendment Miranda rights prior to being put in custody. Miranda must first be triggered
Entrapment - Correct Answers -LEO gets innocent person to commit crime then arrest
the person
ANSWERS
Identify when the fifth amendment privilege against self-incrimination is applicable -
Correct Answers --Statements must be voluntarily made
-they must be the result of free will
-police conduct cannot over bear the subjects free will
Fifth amendment - Correct Answers -No person shall be compelled in any criminal case
to be a witness against himself
United States v. Havens 1993
Voluntariness of statements
(unacceptable practices) - Correct Answers -Force, threats, and improper promises or
rewards, drugs and liquor
Voluntariness of statements
(acceptable practices) - Correct Answers -Admonition to tell the truth.
Cooperation statement.
Confronting with evidence
Deception.
Schmerber v. California 1966 - Correct Answers -Voice examples
Hand writing samples
Demonstrations of speech or coordination.
Identifiable biographical information.
Pointing and gestures
Testimonial evidence - Correct Answers -Communicative in nature. ( oral or written,
omissions or confessions, gestures.
Non-testimonial evidence - Correct Answers -Used to identify people(hand writing
samples fingerprints, blood urine, voice examples)
Identify when Miranda warnings are required
(Miranda v. Arizona 1966) - Correct Answers -Custody, interrogation, known cops.
C+I+KC= Miranda
, Identify a valid waiver of Miranda rights - Correct Answers -(VIK)Voluntary, intelligent,
knowing
Invoking Miranda - Correct Answers -Right to silence
Right to counsel
(Ether or both)
Suspect can re-invoke Miranda - Correct Answers -"Stale warnings"
Correcting Miranda rights - Correct Answers -Do not refer to prior statements
Identify how to proceed after suspect invokes Miranda rights - Correct Answers -2 hours
to re-engage if invoke right to silence
14 days as long as not in custody if invoke right to counsel
Premature invocation of Miranda - Correct Answers -Defendant can't invoke fifth
amendment Miranda rights prior to being put in custody. Miranda must first be triggered
Predisposition - Correct Answers -Suspect ready and willing to commit crime before
LEO got involved
Entrapment Defense - Correct Answers -Initial burden on defendant
Shifts to government
Question for Jury - Correct Answers -Did government induce innocent person to commit
crime
Inducements permitted - Correct Answers -Use of decoys
Payments of money
Providing equipment
Inducements prohibited - Correct Answers -Threats against family
Sympathy or emotion
Money to impoverished target
Continuous pressure
Violent demonstrations
Premature invocation of Miranda - Correct Answers -Defendant can't invoke fifth
amendment Miranda rights prior to being put in custody. Miranda must first be triggered
Entrapment - Correct Answers -LEO gets innocent person to commit crime then arrest
the person
