SURVEY OF CRIMINAL JUSTICE CRIMINAL JUSTICE 101 QUIZ # 7 TRUE/FALSE ______ 1. In a stop and frisk, police need only reasonable suspicion that the suspect is carrying weapons or drugs. ______ 2. U.S. v Leon states that illegally seized evidence can be admitted in court if the judge was acting in good faith. ______ 3. In the case of Colorado vs. Bertine, the Court indicated that if a car is towed, the entire car can be searched lawfully in order to take inventory. ______ 4. In pressing situation, such as a hot pursuit or emergency situations, police may legally search without a warrant. ______ 5. In Mapp vs. Ohio, the Supreme Court ruled that evidence that is unlawfully seized cannot be used in state court. ______ 6. In order to have a valid search warrant, the name of the suspect must be included. ______ 7. A true bill or an indictment is issued by a grand jury. Their duty is to find probable cause and move the case on to the next step. ______ 8. A gag order is when the prosecutor decides to sequester the witnesses. ______ 9. After a guilty verdict, the judge might order the probation department to complete a presentence investigation. ______ 10. A coram nobis is a motion file by the defense to present new evidence that clearly vindicates their client. ______ 11. Harris vs. U.S. states that lawful authority to search may be obtained without a warrant when evidence is in plain view. ______ 12. If the police have reasonable suspicion, the judge will sign the search warrant. ______ 13. U.S. vs. Havens states that illegally seized evidence cannot be used to impeach a witness. _______14. Elkins vs U.S established the precedent that illegally seized evidence is not admissible in any court. ______ 15. The totality of the circumstances test outlined in Florida vs Royer states that evidence can be put together or accumulated to establish the probable cause standard. ______ 16. The case of Terry vs. Ohio established the rule of law regarding Stop and Frisk procedures. ______ 17. U.S. vs. Sokolow states that the police, with reasonable suspicion, may stop and search a person matching the standard drug courier profile. ______ 18. Stare decisis is the concept that the Supreme Court outlined which excludes illegally seized evidence from being admitted in criminal court proceedings. ______ 19. Nix vs. Williams states that evidence that is unlawfully seized cannot be used in federal court. ______ 20. If the defendant made an allocution, the defendant is making a personal statement, on the record, before the judge at the sentencing stage. MULTIPLE CHOICE ______ 1. To specifically be bound over for trial requires what minimum level of proof to be demonstrated to what justice system actor(s) A. a jury must be satisfied that there is probable cause B. a prosecutor must be satisfied that there is clear and convincing evidence C. a judge must be satisfied that there is probable cause D. a judge must be satisfied that there is proof beyond reasonable doubt E. the police must be satisfied that there is reasonable suspicion F. a grand jury must be satisfied that there is a preponderance of the evidence G. the police must be satisfied that there is proof beyond a shodow of a doubt ______ 2. Which of the following searches can be conducted without a warrant? A. car, based on probable cause B. search incident to arrest C. locker search by a school official D. consent search E. all of the above can be conducted without a warrant ______ 3. Which of the following is NOT an element of a lawful plain view search? A. lawfully present B. object in plain view C. voluntarily D. apparent incriminating nature ______ 4. Which of the following is NOT an element of a legal search warrant? A. who will conduct the search B. judge's signature C. what is specifically being looked for D. charges being brought against the suspect ______ 5. Which of the following cases is NOT an exception to Mapp vs. Ohio? A. Nix vs. Williams B. U.S. vs. Leon C. Elkins vs. U.S. D. Massachusettes vs. Sheppard ______ 6. The __________ was established by Nix vs. Williams which allows evidence that was seized illegally to be admitted in court if it can be shown that the evidence would have been found in time anyway. A. fruit of a crime exemption B. evidentiary property exemption C. reciprocal discovery exemption D. inevitable discovery exemption ______ 7. The __________ was established in the cases U.S. vs. Leon and Massachusettes vs. Sheppard that allows unlawfully seized evidence into court based on the actions of a reasonably well trained officer. A. totality of the circumstances B. good faith exemption C. writ of certiorari D. "mere evidence" exception ______ 8. __________ is a classification of evidence used for search warrants that can include money, jewelry, televisions and anything else the suspect received in the commission of the crime. A. instrument of a crime B. contraband C. fruits of a crime D. evidentiary property ______ 9. Which of the following is NOT a required element of a search warrant? A. signature from judge B. address and place to be searched C. signature of defendant D. type/classification of evidence sought ______ 10. For a plain view search to be legal, which one of the following is NOT correct? A. the incriminating nature of the item must be apparent B. the suspect must hold the materials C. the officer must be legally present D. the object must be in plain view Assuming the defendant was charged with a felony, number these in the order in which they would happen as the defendant went through the justice system. ______ cleansing the record ______ second preemptory challenge is made by the defense ______ closing statements by the prosecutor ______ judge instructs the jury ______ cross examination by the defense of a witness for the state ______ judge reviews the pre-sentence investigation ______ defendant becomes eligible for parole ______ decision made to have a trial by jury ______ jeopardy attaches ______ defense files a procedural appeal ANSWER KEY QUIZ # 7 TRUE/FALSE 1. False - Stop and Frisk only concerns weapons, not drugs 2. False - it's not the judge, it is if the police officer was acting in good faith 3. True 4. True 5. True 6. False - this is not one of the seven elements necessary to have a lawful search warrant 7. True 8. False - this is when the jurors cannot talk about the trial with anyone outside the jury room 9. True 10. True 11. True 12. False - need to have probable cause; then a judge may sign the warrant if he believes it is good probable cause 13. False - illegally seized evidence CAN be used to impeach a witness 14. False - Elkins vs. U.S. only concerned illegally seized evidence in the federal courts, not the state courts 15. False - the narrative is correct, but the court case is not Florida vs. Royer, but rather Illinois vs. Gates. 16. True 17. True 18. False - it is the setting of precedent in court cases; rules of law announced in one case that become guides in subsequent similar cases 19. False - Nix vs. Williams says that illegally seized evidence can be admitted in court if it inevitably would have been discovered legally; this is Elkins vs. U.S. 20. True MULTIPLE CHOICE 1. C - judge satisfied that there is probable cause 2. E - all of the above 3. C - voluntarily 4. D - charges being brought against the suspect 5. C - Elkins vs. U.S. 6. D - inevitable discovery exemption 7. B - good faith exemption 8. C - fruits of a crime 9. C - signature of defendant 10. B - the suspect is not required to hold the materials Order of the Justice System Process 1 - decision made to have a trial by jury 2 - second preemptory challenge is made by defense 3 - cross examination by the defense of a witness for the state 4 - jeopardy attaches 5 - closing statements by the prosecutor 6 - judge instructs the jury 7 - judge reviews the pre-sentence investigation 8 - defense files a procedural appeal 9 - defendant becomes eligible for parole 10 - cleansing of the record