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Legal Sourcebook > General legal sourcebook > Flashcards

General legal sourcebook Flashcards

1
Q

True or false: Bulk cell tower data is not subject to the 4th amendment protections because the information is voluntarily given to a third party

A. true
B. False

A

B. False

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2
Q

In California, for custody to exist for Miranda purposes the suspect ________have been formally arrested or had his freedom restrained to a degree associated with a formal arrest; and be personally aware of this lack of freedom

a. must
b. may
c. must not

A

a. must

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3
Q

Which of the following is the most correct phrase crucial in determining a violation of Miranda:

a. arrested suspect subject to questioning
b. indicted and questioned
c. participatory questioning
d. custodial interrogation

A

d. custodial interrogation

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4
Q

True or false: As a general rule, for a confrontation and identification of a suspect soon after detention for a crime, the suspect should be brought to the witness

a. True
b. False

A

B. false

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5
Q

A true “knock and talk” requires ____________of a crime?

a. reasonable suspicion
b. probable cause
c. preponderance of evidence
d. clear and convincing
e. none of the above

A

e. none of the above

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6
Q

Suspect was observed on security footage in drug deal. He left the scene and returned without drugs when searched. The search was deemed to be:

a. not a search
b. unlawful search
c. a lawful search

A

b. Unlawful search

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7
Q

True or false: A driver not on rental agreement but in control of a rental car has standing to challenge a search?

A. True
B. False

A

A. True

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8
Q

Defendant who robbed a a Walgreens accidentally left his cell phone in the store. He would have reclaimed the phone if not fearing of arrest.

a. maintained expectation of privacy in phone

b. Lost expectation of privacy as to physical aspects of phone only

c. dependent on if phone was locked

d. cell phone was abandoned; all privacy was lost

A

d. cell phone was abandoned ; all privacy lost

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9
Q

A belligerent suspect was read his rights and said, “Fuck you”. A CA court found this constituted:

a. an invocation of a right to remain silent; cease questioning

b. an ambiguous statement ; continue questioning

A

a. an invocation of a right to remain silent ; cease questioning

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10
Q

A suspect’s response of, “I dont know what you, I don’t want to talk about this” followed immediately by more comments of a different nature constituted:

a. invocation of a right to remain silent ; cease questioning

b. ambiguous statement ; continue questioning

A

b. ambiguous statement ; continue questioning

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11
Q

The US Supreme court ruled that a juveniles age at the time of questioning _________be considered in determining if the juvenile was in custody for the purposes of questioning.

a. must

b. may

c. must not

A

A. Must

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12
Q

Suspect was 37 years old and weighed 217 pounds. The other subjects in the lineup were between 19-30 years old and weighed 160-180 pounds. However, a picture of the lineup did not show the defendant as being significantly taller, heavier or older. Lineup was ruled to be:

a. constitutional

b. unconstitutional

A

A. Constitutional

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13
Q

True of false: The Ninth Circuit ruled a probationer’s cell phone could not be searched unless it was connected to a violent felony, due to the large amount of data in a phone.

A. True

B. False

A

A. True

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14
Q

True of False: When police come across a homicide scene, they make a warrantless search of the area for evidence in plain view under the murder scene exception.

A. True

B. False

A

B. False

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15
Q

When must an attorney be present, if requested, for a physical pre-trial lineup?

A. Pre-Indictment

B. Post Indictment

A

B. Post Indictment

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16
Q

True of False: An officer administering an identification procedure must validate or invalidate an eyewitness identification.

A. True
B. False

A

B. False

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17
Q

Custodial interrogations of juvenile murder suspects in detention facilities _________be recorded.

A. Must
B. Must not
C. May

A

A. Must

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18
Q

True of False: A seizure only occurs if a police officer applies any physical force or if the suspect submits to a showing of police authority.

A. True
B. False

A

A. True

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19
Q

Incident to arrest, without a warrant, police may search ?

A. Any and all areas probable cause exists

B. The body or clothing of the person only

C. Within the person’s arm reach at time of arrest

D. The area within the person’s immediate control

A

D. The area within the person’s immediate control

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20
Q

For a search by govt officials to be subject to the Fourth Amendment requirements, the place to be searched must:

A. Be a classically protected area

b. Have a reasonable expectation of privacy by the individual

C. have a reasonable expectation of privacy by the individual and an expectation that society is prepared to recognize as legitimate

D. Owned by the challenging party

A

C. Have a reasonable expectation of privacy by an individual and an expectation by society it is legitimate

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21
Q

True of false: In California, police may not use reasonable force to search a persons body, either with or without a warrant

A. True
B. False

A

B. False

22
Q

California has a specific provision authorizing the detention of a person suspected of __________violation to determine whether a crime relating to firearm or deadly weapons has been committed

A. Deadly weapons
B. Firearms
C. Any weapons

A

c. Any Weapons

23
Q

True or false: An investigatory detention must be no longer than 20 minutes in length.

A. True
B. False

A

B. False

24
Q

True or false: A “Patdown Search” under Terry, is a constitutional search based upon reasonable suspicion for weapons only in his or her outer clothing, and only if you have specific articulable facts that would make an officer feel in danger.

A. True
B. False

A

A. True

25
Q

True of false: Simply because a person is under the influence of alcohol, a misdemeanor DUI arrest is invalid when you did not see the person driving. No “Destruction of evidence” exception applies.

A. True
B. False

A

B. False

26
Q

If a suspect asks an officer about (1) whether he or she intends to arrest the suspect; (2) the reason for the arrest; (3) the officer’s authority, you _________ provide an answer

a. May
b. must not
c. Must

A

C. Must

27
Q

Generally, in cases of warrantless arrests of adults, there must be a determination of probable cause not more than ________ hours after the suspects arrest.

A. 12
B. 24
C. 48
D. 72

A

D. 72

28
Q

True or false: The exclusionary rule serves to deter future deliberate, reckless conduct or systematic error by the police, not merely attenuated negligent conduct.

A. True
B. False

A

a. True

29
Q

Generally, for a misdemeanor or infraction, an officer must make the arrest with or without a warrant between __________ unless an exception applies.

A. 6am and 10pm
B. 6pm and 10am
C. 7am and 11pm
D. 9pm and 10am

A

A. 6am and 10pm

30
Q

A person is seized when _________ would feel that he or she is ___________.

a. A reasonable person ; under arrest

b. A reasonable person ; not free to disregard the police and go about their business

c. any person ; under arrest

d. any person ; not free to disregard the police and go about their business

A

b. A reasonable person ; not free to disregard the police and go about their business

31
Q

Activating your emergency lights as you pull up by a parked car may:

A. result in a custodial situation

B. Always result in a detention

C. Result in a detention, assuming the suspect does not flee

A

c. Result in a detention, assuming the suspect does not flee

32
Q

Officers ______ order passengers out of a lawfully stopped vehicle pending a traffic stop completion

A. Must

B. Must not

C. May

A

C. May

33
Q

Officer who was trying to locate a resident stood on the public side of a fence and raised himself 3 inches over to see. He saw a cocked revolver lying in the yard. Knowing a child lived at the house, he jumped the fence and retrieved the revolver. The court ruled his actions were:

A. Constitutional
B. Unconstitutional

A

A. Constitutional

34
Q

True of false: A limited protective sweep of a home where a person who poses a danger to you or others, might be hiding during an arrest is allowed if reasonable suspicion exists.

A. True
B. False

A

A. True

35
Q

True or False: CA has a sanctioned Domestic Violence exception to the warrant requirement.

A. True
B. False

A

B. False

36
Q

True or false: A protective search with reasonable suspicion that the suspect is dangerous and might gain immediate access to a weapon does not constitutionally extend to areas in a vehicle.

A. True
B. False

A

B. False

37
Q

Even if a co-occupant of a premises consents to a search and another co-occupant is ________with equal authority over the premises effectively overrides the consent.

A. Absent and objecting

B. Absent

C. Present and objecting

D. Non-possessory

A

C. Present and objecting

38
Q

Searches are valid only if, from the perspective of an officer, the person consenting to the search has at least:

A. Actual authority

B. Apparent authority

c. Legal authority

A

B. Apparent Authority

39
Q

Officers arrested a suspect in her hotel room, ordered her to lie on the floor, and handcuffed her while they secured the area. One officer lifted the mattress of the only bed in the room which was approx 3 feet from the suspect and found drugs. A court ruled the actions were:

A. Constitutional
B. Unconstitutional

A

A. Constitutional

40
Q

A suspect was arrested in his hotel room and was permitted to pack his belongings. Officers searched the remainder of the room after and found further contraband in a wastebasket. The search was found to be:

A. Constitutional
B. Unconstitutional

A

A. Constitutional

41
Q

True or false: Officers may rely on the Good fait exception if the wiretap order fails to conform to CA statutory provisions.

A. True
B. False

A

B. False

42
Q

True or False: California peace officers are not allowed to wiretap, even by warrant, when neither party knows about the intercept.

A. True
B. False

A

A. True

43
Q

True or false: An officer may be required to clarify an ambiguous statement made during the initial waiver of Miranda.

A. True
B. False

A

A. True

44
Q

In California, a ________Miranda violation, in combination with almost any other or additional conduct that the court also views as coercive, will entitle the suspect to sue for a civil rights violation under the Fifth Amendment. The officer can be found ___________.

A. negligent; professionally liable

B. negligent; personally liable

C. deliberate ; professionally liable

D. deliberate ; personally liable

A

D. deliberate ; personally liable

45
Q

The US Supreme Court stated that once a suspect invokes Miranda, a break in custody of ________ days overcomes the requirement that an accused cannot be interrogated until a lawyer is made available and allows officers to re-contact for interrogation.

A. 60
b. 30
c. 14
d. 7

A

C. 14

46
Q

A person arrested in or near an automobile, and reasonable believed the arrestee could access the passenger compartment, at the time of the arrest, an officer may, incident to that arrest search the ___________.

a. entire vehicle including hidden and locked areas

b. passenger compartment except any containers you find inside

c. passenger compartment and any containers you find inside

d. passenger compartment and trunk

e. None of these are correct

A

c. Passenger compartment and any containers inside

47
Q

Police may search the ___________ under the Automobile exception where probable cause exists.

a. entire vehicle, including closed containers that may contain what they are looking for

b. entire vehicle, including any and all closed containers

c. passenger compartment and trunk

d. passenger compartment

e. none of these

A

a. Entire vehicle, including closed containers that may contain what they are looking for

48
Q

True or false: Once you have received the arrestee or otherwise taken custody of him from a private person making a citizen’s arrest, you have three options. (1) book into jail, (2) cite and release, (3) release him without notice to appear.

A. True
B. False

A

A. True

49
Q

True of false: CA established guidelines for what it would consider to be lawful sobriety checkpoints. One such guideline is that it be uniform and every driver be subjected to stop.

A. True
B. False

A

B. False

50
Q
A
50
Q
A

Legal Sourcebook (1 decks)

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