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The majority opinion in Map

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15. The majority opinion in Mapp v. Ohio (1961) ____________.;a. admitted that the exclusionary rule, although necessary, violated common sense;b. overruled Boyd v. U.S. (1886);c. relied on the imperative of judicial integrity;d. incorporated the substantive rule of the Fourth Amendment;18. Illegally seized evidence or statements may be introduced or used for each of the following;hearings or purposes, EXCEPT ___________.;a. alien deportation;b. formulating a grand jury question;c. impeaching a witness;d. parole revocation;19. Each of the following statements regarding the majority opinion in United States v. Leon;(1984) is correct, EXCEPT ____________.;a. the Fourth Amendment is not concerned with constitutional violations by judges;b. deterrence is the only reason for the exclusionary rule;c. the search in the case violated the Fourth Amendment;d. the exclusionary rule exacts substantial social costs;20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________.;a. Spinelli crossed a bridge every day and went to the same apartment;b. Spinelli had a reputation as a ?bookie?;c. the apartment had two telephones;d. Spinelli?s bookmaking calls were recorded;23. An argument used in courts to oppose the ?plain feel? rule was ____________.;a. extending reasons to justify police searches undermine civil liberties;b. the sense of touch is not as sensitive as sight;c. the rule was not contemplated by the framers of the Fourth Amendment;d. the police use plain feel discriminatorily against minorities;25. The justifi cations for the open-fi eld rule do NOT include which of the following?;a. the Fourth Amendment protects ?effects?;b. open-fi elds are property;c. the common law distinguished between open fi elds and the curtilage;d. posting land does not provide the same protection as the enclosure of a house;27. The decision in Kyllo v. United States (2001) was based on which proposition?;a. the interior of the house was searched;b. drugs are a social scourge and detecting them promotes public health and safety;c. Heat is not included within the plain view doctrine;d. Heat was detected off the wall;28. Which of the following statements about consent searches is INACCURATE?;a. The burden of proof to prove the voluntariness of consent is on the defendant.;b. A person cannot consent to a search when police assert they have a search warrant.;c. Consent to search depends on all the facts and circumstances in a case.;d. A police officer need not inform a person that he has a right to refuse to consent.;31. A person who has been arrested must be brought before a magistrate, barring exigent;circumstances ____________.;a. immediately;b. within 24 hours;c. within 36 hours;d. within 48 hours;32. The reason for the rule that a misdemeanor arrest made by a police offi cer is lawful if the;misdemeanor occurred in the offi cer?s presence, and not upon probable cause, is;a. misdemeanors often result from personal squabbles that could lead to false complaints;b. misdemeanors are not crimes at common law;c. allowing probable cause arrests for misdemeanors is too costly and ineffi cient;d. errors in misdemeanor arrests are not likely to deter police offi cer misconduct;34. The Supreme Court upheld each type of checklane or roadblock as constitutional;EXCEPT _____________.;a. to check the license and registration of drivers;b. to check the sobriety of drivers;c. to check whether the driver is transporting drugs;d. to gather information about a hit and run that occurred at the location;35. Dissenting justices in Illinois v. Caballes (2005) raised each of the following points;EXCEPT ____________.;a. trained dogs are not infallible in sniffi ng for drugs;b. the practice will be extended to the use of drug sniffi ng dogs on city streets;c. the practice will lead to pretext stops of cars;d. the use of dogs extends the purpose of the original stop;37. The ?replication studies? of experiments testing the effect of arrest policies on the;deterrence of domestic violence found each of the following, EXCEPT which of the following?;a. Arrest reduces domestic violence in some cities but increases it in others.;b. Arrest reduces domestic violence among employed people but increases it among;unemployed people.;c. Arrest reduces domestic violence in the short run but can increase it in the long run.;d. Police cannot predict which couples are most likely to suffer future violence.;39. A warrantless strip search conducted at the border by appropriate personnel (e.g., same sex;as suspect) in an appropriate manner (e.g., no force used except threat of detention) is;constitutional ____________.;a. if the offi cer has reasonable suspicion;b. if the offi cer has probable cause;c. if the offi cer receives authorization from a high ranked Immigration and Customs;Enforcement (ICE)/Homeland Security offi cial;d. on the basis of the offi cer?s hunch;40. In U.S. courts, a search or arrest in a foreign country by or at the behest of U.S. offi cers is;guided by _____________.;a. the entirety of the Fourth Amendment;b. the Fourth Amendment?s Reasonableness Clause;c. international law;d. no law;Challenge Examination;41. ?Special needs? cases were decided in regard to each of the following areas, EXCEPT;a. police offi cers enforcing regulatory laws concerning automobile junk shops;b. drug testing of pregnant women in state hospitals;c. police offi cers engaged in traffi c enforcement;d. drug testing of candidates running for state offi ces;43. The statement that best describes racial profi ling is _______________.;a. broad police discretion to enforce the law makes it possible;b. evidence of it is only anecdotal;c. it is motivated primarily by simple racism;d. it is largely ignored by responsible political authorities;44. In regard to racial profi ling of drivers, _______________.;a. the practice enjoys widespread public support;b. many police departments are required to keep records of the race of drivers stopped;c. legislation to prevent the practice has been blocked;d. all academic economists support the practice;46. The critical stage concept was held to require counsel in each of the following stages;EXCEPT ___________.;a. arraignment;b. preliminary Examination;c. plea Bargaining;d. lineup identifi cation;47. The most accurate statement about a ?meaningful attorney-client relationship? in criminal;procedure is that _____________.;a. the Supreme Court has held this to be a Sixth Amendment right;b. it is the close rapport that develops between a defense lawyer and client;c. it applies equally to prosecutors and victims, as well as defense lawyers and clients;d. a court should consider the time a lawyer has put into a case and the lawyer?s;knowledge of the case before deciding on a continuance;48. The precise issue in Rothgery v. Gillespie County (2008) was whether ____________.;a. an initial appearance must be held within 48 hours after arrest;b. the Sixth Amendment right to counsel is guaranteed at an initial appearance;c. a court must appoint counsel within a reasonable time after it is requested at an initial;appearance;d. the initial appearance is a critical stage;50. A court may grant counsel to a defendant at a state probation revocation hearing because;a. the Due Process Clause may require it, depending on the circumstances;b. the right to counsel was incorporated;c. it is necessary under the Equal Protection Clause to prevent discrimination;d. the defendant has been formally charged with a crime

 

Paper#16115 | Written in 18-Jul-2015

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