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1. At its adoption in 1787, the US Constitution a. Had only

1. At its adoption in...
1. At its adoption in 1787, the US Constitution

a. Had only a few provisions relating to criminal law

b. Contained the Bill of Rights

c. Bound the states to respect the rights of the accused

d. Contained provisions respecting due process of law


2. The 4th, 5th and 6th Amendments

a. Are applicable only to the federal government

b. Became applicable to the states through the 14th Amendment

c. Relate to private activity as well as state action

d. Have been superceded by later amendments


3. Abandoned items that have been found by the police

a. Are testimonial or communicative in nature

b. Are not entitled to the protection of the 4th Amendment.

c. Can be examined only with a warrant

d. Are covered by the right to privacy

4. A search warrant may be authorized by

a.State attorney general
b.A neutral and detached magistrate
c.The chief of police
d.Any concerned citizen
5. In order to pass constitutional muster, a warrant must

a. Contain a particular description of the place or person to be searched

b. Accompany an arrest warrant

c. Prohibit police from seizing items not mentioned specifically

d. Be executed within 24 hours

6. In cases where it is alleged that the defendant waived his Miranda warnings, the prosecution must prove

a.That Miranda warnings were given
b.That the defendant knowingly and voluntarily waived his Miranda rights
c.That the police behavior was beyond reproach
d.That the defendant in fact answered questions
7. The 4th Amendment applies to court trials and which of the following

a. Roadside DWO checks by state police

b. Security checks at airports by Transportation Security Administration

c. Border checks by Border Patrol

d. All of the above

8. Where effective consent is given, a search

a. Must have a warrant

b. Must have probable cause

c. Needs neither a warrant or probable cause

d. Requires probable cause but not a warrant

9. Confessions by a criminal defendant

a. Are inadmissible due to problems inherent to due process

b. Are admissible only if counsel was present

c. Are admissible if voluntary and not coerced

d. Are inadmissible because they have been deemed irrelevant

10. Stare decisis refers to

a. The common law custom of case by case decision

b. A case of first impression

c. The common law custom of following precedent

d. A case which the court may follow


Section Two – 20 pts


11. A student’s reasonable expectation of privacy is lowered due to the inherent supervision and control exercised by a school.

12. A warrant may only issue upon probable cause.

13. Stare decisis means that the court follows precedent

14.The police need a warrant before arresting anyone.

15. If there is an illegal search, evidence resulting from it is also excluded.

16. Exclusionary rules apply to police misconduct in obtaining confessions.

17. A search warrant is necessary even if a person consents to the search.

18. Entrapment may be a defense at common law.

19. The police must announce their intention to execute a search warrant.

20. An indigent defendant may not waive his right to an attorney.

SHORT ANSWER (5 points each)

21.What is probable cause?
22.At what point in the criminal justice process is it necessary to give Miranda warnings?
23. When does the Fourth Amendment allow a search of a car?

24. List the Miranda warnings.

25. Is it necessary to have an attorney present when a confession is made?

26. Why do police not require a warrant when something is in plain view?

27. Who may consent to a search of your home?

28. What are the parameters of a “stop and frisk” search?


ESSAY QUESTION (20 points)


Explain the Exclusionary Rules.
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Answered in 55 minutes by:
8/25/2013
Ellen
Ellen, Lawyer
Category: Homework
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Good morning,

I can assist you with the multiple-choice portion of your questions.

 

The essay questions need to be submitted separately to a writing expert as per site policy.

 

Please let me know if you would like me to answer any or all of the multiple-choice questions you have posted on various pages.

Best regards,
FiveStarLaw

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Customer reply replied 4 years ago


yes please! I will submit the essay question seperatly again

To be clear, you would like me to answer the multiple-choice questions 1 to 10 and the true false questions 11 to 20 on this page?

If you would like me to answer the mcq and t/f questions on your other pages as well, please indicate on each page "For FiveStarLaw" and I shall complete your work this morning
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Customer reply replied 4 years ago


yes please on this one ev. you can (except essay question and short answer question in this paper).

It would be my pleasure. Please remember to edit the other questions to state "For FiveStarLaw" so that they are directed to me
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Customer reply replied 4 years ago

 


but this one is already, right?

Yes - I am almost finished
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Ellen
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Thank you very much for the "excellent service" rating and the bonus!

I am unable to locate your other multiple-choice questions. Please let me know if you would still like my assistance with the other questions
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