QUESTIONS AND VERIFIED CORRECT ANSWERS JUST
RELEASED
Is the fourth amendment triggered if a tracking or monitoring device is placed onto a
rental vehicle before a suspect takes possession of it? - answer>>>No, since there is no
possession there is no REP.
What are the three situations that you would leave a barricaded suspect or a hostage
situation? - answer>>>-Situation is resolved
-it's unsafe
-properly relieved
Hostage situation? - answer>>>A suspect in a stronghold position, has tactical advantage
over police, with hostages
Barricaded suspect? - answer>>>A person in a strong hold position that has a tactical
advantage over police that is presently armed and dangerous
To ensure a defendants fifth amendment right to due process is not violated, officers
must obtain statements from the defendant in what form? - answer>>>Voluntarily
While interviewing Miller the officer truthfully told Miller that his (Miller's) fingerprints
and DNA had been recovered from the crime scene. Miller then confessed to the crime
did this conduct by the officer cause Miller to confess in voluntarily? - answer>>>No,
officers are allowed to confront suspects with evidence of their guilt
An officer lawfully directs a suspect to provide a writing sample (exemplar) To compare
against a hand written note recovered at the scene of a crime. Can the suspect
successfully refused to provide the writing sample by claiming that it would violate his
fifth amendment right against self-incrimination? - answer>>>No, exemplars are
considered non-testimonial evidence
Four officers lawfully entered a suspects house at 4 AM, found him asleep in bed, and
woke him up. The officers surround the suspect, who remained in bed and asked him
questions about a recent crime, without providing Miranda rights. The suspect confessed
to the crime what is the defendants confession taken in violation of Miranda? -
answer>>>Yes, the suspect was in custody for Miranda purposes
,An officer stops a motorist for speeding (driving 42 mph in a 35 mph zone). The officer
wants to ask the driver why he was going so fast. Is the officer required to advise the
driver of his Miranda rights first? - answer>>>No, the driver was not in custody for
Miranda purposes
Interrogation for the purposes of Miranda is questioning or the functional equivalent of
questioning. What is the functional equivalent of questioning? - answer>>>Words or
actions by the officer that they reasonably believe are likely to elicit an incriminating
response from the suspect
A valid Miranda waiver from a suspect must be? - answer>>>Voluntary, intelligent and
knowing
A suspect told an officer that he would waive his Miranda Wrights and answer questions,
but the suspect refused to sign or initial the Miranda waiver form. Is this still a valid
waiver? - answer>>>Yes, oral waivers, by themselves are valid
Officers arrest a suspect in a crowded mall immediately after it was reported he
committed an armed robbery with a silver handgun. During the search incident to arrest,
officers noticed the suspect has an empty holster. Without advising the suspect of
Miranda, officers ask him where is the gun? The suspect points to a nearby trashcan
where officers recover a silver handgun. Did the officers violate Miranda? -
answer>>>No, the public safety exemption applies
A suspect invokes his right to silence only. Can an officer ever reapproach the suspect for
questioning while the suspect remains in custody? - answer>>>Yes, after a cooling off
period. (2 hours)
A suspect invokes his right to counsel. Can an officer ever reapproach the suspect for
questioning while the suspect remains in custody? - answer>>>No, unless the suspect re-
initiates contact with the officer first
An officer advises a suspect of his Miranda rights. The suspect says "maybe I should get a
lawyer?". Is this a valid invocation of the suspects right to counsel? - answer>>>No, the
invocation of the right to counsel must be clear and unambiguous
Identification procedures are governed by the? - answer>>>Fifth amendment due
process clause
Which are permissible law enforcement identification procedures? - answer>>>The use
of photo arrays, lineups or show ups
, In lineups and photo arrays, all of the participants or photographs should: - answer>>>Be
of similar size, age, race, appearance and clothing
What are the charging documents? CCIIC - answer>>>-criminal complaint
-indictment
-information
-citation
What can you use to obtain an arrest warrant? - answer>>>-criminal complaint
-indictment
-information
What are documents that require appearance? - answer>>>-arrest and complaint
-arrest warrant
-summons
-order to appear
What is the most common caliber of firearm in the US? - answer>>>.17 caliber
What is stippling and sooting affected by? - answer>>>The presence of hair or feathers
There is a presumption that the defendant will be released on bond with conditions. The
government may only overcome that presumption by demonstrating? - answer>>>The
defendant would pose a risk of flight or danger to the community
What happened in the 1500s? - answer>>>European Explorers damaged sites and
removed artifacts exploring Native American burial grounds
50 CFR 10.13? - answer>>>List of migratory birds protected by the MBTA
-must be listed
-must be native to the United States or its territories
Defendants charged with a _________ _ __________offense may insist on trial before a
district court judge. - answer>>>Class A misdemeanor
Violations are similar to traffic tickets and may be used in charging someone with a
_________ __________. - answer>>>Petty offense
A grand jury consists of __ _________ of the community imp panel by a District Court
judge to set for a period of __ _________ - answer>>>23 members/18 months