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Flashcards in Exam 2 Deck (32):

The Bill of Rights is the name given to the:

None of the choices.

= first 10 amendments of the us constitution!


A search warrant is issued by:



The individual rights stated in the US constitution are protected from unreasonable infringement by the:

federal gov
Country gov


Police we're chasing Jim who was selling drugs. He runs into his apt and police force their way in.
Which amendment could the court use to determine the legality of the search?

4th amendment! - prohibits unreasonable searches and seizures and requires a warrant


Police we're chasing Jim who was selling drugs. He runs into his apt and police force their way in.
The forcible entry by police without having warrant was most likely:

Legal under the extigent circumstances to having a warrant


Bill arrested for shoplifting (misdemeanor), he insists on trial but has no $ to pay lawyer. Does bill have a constitutional right to have the court appoint an attorney free of charge?

Yes, under the 6th amendment!
He has the right to attorney and speedy trial


The constitutional right against "double jeopardy" protects a person from being:

Tried twice in court for the same crime unless the first trial resulted in a mistrial


Constitutional Right of free speech applies to:

Corporations & all individuals, regardless of nationality in the US


To reduce traffic, city passed a law only permitting one religion to worship on Sunday. If other religions challenged the legality of the law in court they would most likely conclude that the law is

An illegal and unenforceable infringement on freedom of religion under the first amendment.


Under the US supreme courts definition if "obscenity" what is obscene speech?

Partially nude models
Video game containing graphic nudes
Cruel and of deceive racial slurs



Owner Gary said no one is allowed in wearing t-shirt with words on it. If this is challenged by the court, the court lost likely say the policy is:

Valid and enforceable by the mall


Police officer pulled over Tony for speeding. Without consent the officer has legal right to:

Search the car by looking through it's windows


Sue has personal locker at work. Cops ask manager to open it when she's not there, without a warrant and find stolen stuff. They later arrest her. The search is most likely:

Unconstitutional because the manager who opened Sues locker for the police was acting as an agent of the police who needed a warrant to open the locker


To obtain a warrant to search a persons home, a police officer must first have:

Probably cause that the house contains evidence of a crime


When a person is arrested for a serious crime and is offered an opportunity by the prosecutor to plead guilty to a less serious crime in full satisfaction of the serious crime, the person has been offered a(n):

Plea Bargain


A police officer has the right to ask any person a question so long as the officer has at minimum

A credible, objective reason


Stan who works for Toyota gets told to not wear a Chevy shirt. Stan sues Toyota for violating freedom of speech. Stan is likely to:

Lose because the constitution does not apply to Toyota rules about employee work clothes


Out of curiosity a police officer wanted to know the yr of a car so they used their lights to pull over. While the cars pulled over they notice a hand gun and the driver was arrested for the possession, it is likely to be ruled:

Illegally obtained evidence because the car stop was unlawful


easy serious offense too at serious offense

violation --> misdemeanor --> felony


Fruit of a poisonous tree refers to/

Illegally obtained evidence


Bill drove drunk and crashed into shauna (severe injuries) shauna sues bill for $ damages and police arrest bill. Under the 5th amendment, bill would not be required to testify in court during:

Criminal case brought against him by the people


The government may put time, place and manner restrictions on free speech if the government can show that the restrictions promote a

Compelling government interest


Campus code says no posters or banned for 1 year. Eva was banned for bringing an anti war poster. If she challenged constitutionality of the code of conduct she would likely:

Lose if the college is a private college


dark road brewery's logo is a toad giving the finger. Which will the government allow?

It will allow the labeling of it beer bottles and 6 pack cartons to have the logo on it


Jack burned flag. Police felt they should arrest but it's not illegal.
Jack was brought to meet with a judge, under law the judge must

Release jack without any charges being made against him


Jack burned flag. Police felt they should arrest but it's not illegal.
The reason no fed or state law exists about burning the flag is bc it violates the constitutions :

1 amendment! Right of free speech


The right of privacy Is specifically listed on the first amendments protected rights T\F?



Body piercings and tattoos are NOT forms of speech protected by US constitution T/F?



A person in the us does not recieve rights guaranteed by the us constitution until reaching 18 yes of age T/F



Miranda Rights must be read to a person taken into custody by police even if the person is not arrested T/F



The words "right" and "privilege" mean the same thing and can be used interchangeable T/F



The burden of proof needed by police to lawfully arrest a person for committing a crime is less than the burden of proof required for a jury to find the person guilty of the crime T/F