MidtermTestReviews(2)

Question 1

Reasonable suspicion is defined as:

A. Evidence is highly and substantially more likely to be true than untrue

B. More likely than not the suspect committed, is committing, or is about to commit a crime

C. A mere hunch, speculation or guess that the suspect has committed or is committing a crime

D. None of the above are correct

Question 1 - EXAM2:

Answer 1

B. More likely than not the suspect committed, is committing, or is about to commit a crime

Question 2

Which of the following is a right under the Fifth Amendment to the U.S. Constitution?

A. Right to ask questions

B. Right to Bail

C. Right to an Attorney

D. All of the above are correct

Question 2 - EXAM2:

Answer 2

C. Right to an Attorney

Question 3

An officer walks up to a person at the city park and begins to casually speak with this person. This is called a(n):

A. Investigatory Stop

B. Consensual Encounter

C. Temporary Detention

D. None of the above are correct

Question 3 - EXAM2

Answer 3

B. Consensual Encounter

Question 4

A peace officer turns on her siren to stop the car in front of her. This is called a(n):

A. Arrest

B. Consensual Encounter

C. Temporary Detention

D. None of the above are correct

Question 4 - EXAM2

Answer 4

C. Temporary Detention

Question 5

During a consensual encounter between an officer and citizen, the required burden of proof under the 4th Amendment is:

A. Reasonable Suspicion

B. Probable Cause

C. Beyond a Reasonable Doubt

D. The 4th Amendment does not apply

Question 5 - EXAM2

Answer 5

D. The 4th Amendment does not apply

Question 6

The Fourth Amendment equivalent in the Idaho Constitution is found in:

A. Article 1, Section 17
B. Article 2, Section 7
C. Article 3, Section 19
D. None of the above are correct

Question 6 - EXAM2

Answer 6

A. Article 1, Section 17

Question 7

Examples of circumstances that MIGHT indicate a seizure even when the person felt free to leave the encounter include:

A. The use of overhead emergency lights
B. The officer physically touching the person
C. The presence of several officers
D. All of the above are correct

Question 7 - EXAM2

Answer 7

D. All of the above are correct

Question 8

Ordinary inquiries incident to a traffic stop may include:

A. Demanding the driver’s license of the driver
B. Inspecting the automobile’s registration and proof of insurance
C. Determining whether there are outstanding warrants against the driver
D. All of the above are correct

Question 8 - EXAM2

Answer 8

D. All of the above are correct

Question 9

Factors supporting a “Terry Frisk” include:

A. Bulges in suspect’s clothing resembling a vape pen
B. Reputation of being dangerous
C. Encounter happens during the day time
D. Both A and C are correct

Question 9 - EXAM2

Answer 9

B. Reputation of being dangerous

Question 10

Which of the following is TRUE?

A. All statements made by a suspect while in custody requires a Miranda warning
B. Handcuffs mean a person is immediately under arrest
C. Application of physical force to the suspect’s body is likely a seizure
D. All of the above are true

Question 10 - EXAM2

Answer 10

D. All of the above are true

Question 11

The Miranda case deals mostly with the duty of police to protect the rights of the accused as guaranteed by which constitutional amendment?

A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Sixth Amendment

Question 11 - EXAM2

Answer 11

C. Fifth Amendment

Question 12

Which of the following is/are warning(s) provided to suspects under Miranda?

A. The right to an attorney
B. The right to be free from unreasonable search and seizure
C. The right to not speak with officers
D. Both A and C are correct

Question 12 - EXAM2

Answer 12

D. Both A and C are correct

Question 13

Interrogation, as used in Miranda, is best defined as:

A. Direct questioning about a crime under investigation
B. Indirect words or actions by an officer that could reasonably lead to an incriminating response
C. General booking questions
D. Both A and B are correct

Question 13 - EXAM2

Answer 13

D. Both A and B are correct

Question 14

In order for Miranda to apply in police investigations:

A. A suspect must be in custody
B. A suspect must be asked incriminating questions
C. The person asking questions is a government agent
D. All of the above are required

Question 14 - EXAM2

Answer 14

D. All of the above are required

Question 15

Which of the following is/are correct in relation to the Supreme Court’s decision in Miranda v. Arizona?

A. A suspect must be informed of his/her Miranda rights before an in-custody interrogation
B. The suspect must knowingly and intelligently waive his rights
C. Miranda rights can be waived, but only in writing
D. Both A and B are correct

Question 15 - EXAM2

Answer 15

D. Both A and B are correct

Question 16

The “Fruit of the Poisonous Tree” doctrine refers to the exclusion of:

A. Inculpatory evidence
B. Exculpatory evidence
C. Legally obtained evidence
D. Evidence discovered as a result of a constitutional violation

Question 16 - EXAM2

Answer 16

D. Evidence discovered as a result of a constitutional violation

Question 17

This exception to the “Fruit of the Poisonous Tree” doctrine is NOT recognized in Idaho state courts:

A. Independent Source
B. Inevitable Discovery
C. Good Faith
D. None of the above are recognized

Question 17 - EXAM 2

Answer 17

C. Good Faith

Question 18

Chimel v. California introduced this 4th Amendment legal concept:

A. Abandoned Property
B. The vehicle frisk
C. The lunge area
D. Frisks of suspicious persons

Question 18 - EXAM2

Answer 18

C. The lunge area

Question 19

Weeks v. U.S. introduced this 4th Amendment legal concept:

A. The Exclusionary Rule
B. The Grab Area Rule
C. The Right to Counsel
D. The Good Faith Rule

Question 19 - EXAM2

Answer 19

A. The Exclusionary Rule

Question 20

An officer stops a person on the street that she knows to have been previously involved with drugs. The officer searches the person and pulls a bag of meth out of the person’s right front pocket. The officer:

A. Has violated the person’s 4th amendment rights and the evidence is subject to the exclusionary rule

B. Has acted in good faith, so the exclusionary rule does not apply

C. Has legal grounds to search, so the exclusionary rule does not apply

D. The exclusionary rule does not apply to 4th Amendment violations

Question 20 - EXAM2

Answer 20

A. Has violated the person’s 4th amendment rights and the evidence is subject to the exclusionary rule

Question 21

Which of the following scenarios qualifies as a “Plain View” exception to the search warrant requirement?

A. Officer has lawful access to the location where the meth pipe is seen, because the homeowner invited the officer into the living room

B. Officer has lawful right of access to the gun safe listed on a valid search warrant, but inside the safe is a drug ledger

C. Officer has a search warrant to look for imitation Rolex watches, but right next to the boxes of Rolex watches are Coach handbags. It is immediately apparent the Coach handbags may be imitations as well, so the officer seizes these boxes as well

D. All of the above qualify as “Plain View”

Question 21 - EXAM2

Answer 21

D. All of the above qualify as “Plain View”

Question 22

The general punishment for a felony, unless otherwise stated in the specific statute, is a maximum punishment of:
A. Five years in the state prison and/or fine of $50,000
B. One year in the county jail and/or fine of $5,000
C. Five years in the county jail and/or fine of $50,000
D. Ten years in the state prison and/or fine of $50,000

Question 22 - EXAM2

Answer 22

A. Five years in the state prison and/or fine of $50,000

Question 23

Maliciously destroying jointly-owned property becomes a felony when the damages exceed?

A. $250
B. $350
C. $1,000
D. Not “Malicious Injury to Property” because it is jointly owned

Question 23 - EXAM2

Answer 23

C. $1,000

Question 24

Fred willfully and unlawfully, by fire, damages an unoccupied dwelling. If proven beyond a reasonable doubt, Fred would be found guilty of:

A. First Degree Arson
B. Second Degree Arson
C. Third Degree Arson
D. Aggravated Arson

Question 24 - EXAM2

Answer 24

B. Second Degree Arson

Question 25

**Which of the following scenarios qualifies as committing a Grand Theft Under I.C. 18-2407?** A. Over the course of 4 days, Chuck steals 3 baseball cards worth over $50.00 B. Chuck steals a $35.00 baseball card on Monday, and a $40.00 baseball card on Tuesday C. Every month for a year, Chuck takes $100 from an unknowing supervisor at work D. All of the above are correct ## Footnote Question 25 - EXAM2

Answer 25

C. Every month for a year, Chuck takes $100 from an unknowing supervisor at work

Question 26

**Tired of your neighbor's $140.00 dog constantly barking at night, you kill the dog with poison. You can be charged with:** A. Burglary B. Petit Theft C. Grand Theft D. Second Degree Murder ## Footnote Question 26 - EXAM2

Answer 26

B. Petit Theft

Question 27

**Which of the following scenarios qualifies as committing a Malicious Injury to Property Under I.C. 18-7001?** A. Not paying attention, Steve ran over his neighbor's mailbox B. Dave and Jerry split the cost of the fence between their property, but still cannot get along. In an angry spat, Dave and Jerry tear down the fence C. Upset with her husband, Becky fills their family car's gas tank with sand D. All of the above are correct ## Footnote Question 27 - EXAM2

Answer 27

D. All of the above are correct

Question 28

**Which of the following scenarios qualifies as committing a Malicious Harassment Under I.C. 18-7902?** A. Angry because the Irish bar was closed, Mark maliciously breaks the Irish bar's window B. Pat spray paints the word lesbians on his neighbor's house due to their sexual orientation C. Chris throws a rock injuring Jerry, because Jerry put a Jewish sign in his field D. All of the above are correct ## Footnote Question 28 - EXAM2

Answer 28

D. All of the above are correct

Question 29

**A person has been arrested when she or he has been:** A. Read the Miranda warning B. Frisked C. Stopped by a police officer D. Actual restraint or submitted to custody ## Footnote Question 29 - EXAM2

Answer 29

D. Actual restraint or submitted to custody

Question 30

**What "manner" of arrest is authorized by law?** A. Actual restraint of the person B. Submission by the person C. A and B are correct D. None of the above are correct ## Footnote Question 30 - EXAM2

Answer 30

C. A and B are correct

Question 31

**In Idaho, who is allowed to serve (execute) a warrant?** A. Any peace officer directed in the warrant or certified in Idaho B. Any magistrate or district court judge C. Any county prosecutor D. All of the above are correct ## Footnote Question 31 - EXAM2

Answer 31

D. All of the above are correct

Question 32

** If Ted killed Susan with malice aforethought on April 1, 2019, what would be the statute of limitations?** A. One year from the date of commission B. Five years from the date of commission C. Five years from the date of filing the charge D. There would be no statute of limitations ## Footnote Question 32 - EXAM2

Answer 32

B. Five years from the date of commission

Question 33

**If Wes left the state of Idaho after committing an aggravated battery on August 15, 2019, what would happen to the statute of limitations?** A. The statute is tolled until Wes returns to Idaho B. Nothing it is a felony and the statute of limitations continues to run C. The statute is tolled until Wes proves he is back In Idaho D. None of the above are correct ## Footnote Question 33 - EXAM2

Answer 33

A. The statute is tolled until Wes returns to Idaho

Question 34

** Which of the following is TRUE regarding Idaho State Senators and Representatives in relation to their Constitutional privilege from arrest?** A. They may be cited, but not arrested for a misdemeanor during the legislative session B. They may not be cited, nor arrested for a felony during the legislative session C. They may be arrested when traveling to the legislative session, but not returning from there D. None of the above are correct ## Footnote Question 34 - EXAM2

Answer 34

A. They may be cited, but not arrested for a misdemeanor during the legislative session

Question 35

**Which of the following is TRUE in regards to the statutory privilege from arrest?** A. A witness from another state under a court order to testify in an Idaho court B. A member of the Idaho National Guard while on military leave C. A legislator who has committed treason during the legislative session D. All of the above are correct ## Footnote Question 35 - EXAM2

Answer 35

D. All of the above are correct

Question 36

**A possible consequence to a peace officer for making a false arrest is:** A. All evidence will be suppressed, even if it is not fruit of the poisonous tree B. The officer may be charged with a crime, but has absolute immunity from civil liability C. The officer may be disciplined by his or her employing agency D. Because of qualified immunity, the only possible consequence is a civil lawsuit ## Footnote Question 36 - EXAM2

Answer 36

C. The officer may be disciplined by his or her employing agency

Question 37

**In which of the following scenarios is a Miranda warning required?** A. Moe is handcuffed and being questioned, about a crime, by an officer B. Larry is approached by an officer and asked if he is dealing drugs C. Curly is arrested and immediately begins to confess to the detective D. All of the above are correct ## Footnote Question 37 - EXAM2

Answer 37

A. Moe is handcuffed and being questioned, about a crime, by an officer

Question 38

**Which of the following statements is TRUE regarding the invocation of Miranda rights?** A. An attorney may vicariously assert or invoke the suspect's right to remain silent B. A suspect may invoke her right to silence by conduct as long as it is unambiguous and unequivocal C. Once a suspect initially waives her right to counsel, she cannot later revoke this waiver D. A suspect's difficulty in understanding the language used by the officer does not impact the invocation ## Footnote Question 38 - EXAM2

Answer 38

B. A suspect may invoke her right to silence by conduct as long as it is unambiguous and unequivocal

Question 39

**Evidence is defined as:** A. More likely than not that a suspect has committed a crime B. An out-of-court statement offered for the truth of the matter asserted C. Anything that has a tendency to prove or disprove a fact in a case D. None of the above are correct ## Footnote Question 39 - EXAM2

Answer 39

C. Anything that has a tendency to prove or disprove a fact in a case

Question 40

**What must all evidence be?** A. Relevant B. Competent C. Legally Obtained D. All of the above are correct ## Footnote Question 40 - EXAM2

Answer 40

D. All of the above are correct

Question 41

**What is the duty of law enforcement and prosecutors regarding "exculpatory" evidence?** A. Must provide it to the defense upon request B. Must provide it to the defense regardless of whether it is requested or not C. Not required to provide to the defense as they have the ability to investigate on their own D. There is no such thing as exculpatory evidence ## Footnote Question 41 - EXAM2

Answer 41

B. Must provide it to the defense regardless of whether it is requested or not

Question 42

**Bloodstains, fingerprints and drug paraphernalia are considered what type of evidence?** A. Direct B. Tangible C. Testimonial D. Demonstrative ## Footnote Question 42 - EXAM2

Answer 42

B. Tangible

Question 43

**An expert witness who tells the jury their opinion is considered what type of evidence?** A. Credible B. Tangible C. Testimonial D. Demonstrative ## Footnote Question 43 - EXAM2

Answer 43

C. Testimonial

Question 44

**Applications for search warrants are usually heard in which type of court?** A. Magistrate Court B. District Court C. Court of Appeals D. Idaho Supreme Court ## Footnote Question 44 - EXAM2

Answer 44

A. Magistrate Court

Question 45

**Cases involving felonies after the preliminary hearing or grand jury hearing are heard in which type of court?** A. Magistrate Court B. District Court C. Court of Appeals D. Idaho Supreme Court ## Footnote Question 45 - EXAM2

Answer 45

B. District Court

Question 46

**You arrest a citizen for simple assault and are called upon to testify regarding your investigation. Which type of court will you appear at to testify at trial** ## Footnote Question 46 - EXAM2

Answer 46

B. District Court

Question 47

**Cases involving felonies after the preliminary hearing or grand jury hearing are heard in which type of court?** ## Footnote Question 47- EXAM2

Answer 47

B. District Court

Question 48

**You arrest a citizen for simple assault and are called upon to testify regarding your investigation. Which type of court will you appear at to testify at trial?** ## Footnote Question 48 - EXAM2

Answer 48

C. Magistrate Court

Question 49

**You find methamphetamines when searching the pocket of a citizen and are called upon to testify about in the criminal trial. Which type of court will you appear at to testify at trial?** ## Footnote Question 49 - EXAM2

Answer 49

B. District Court

Question 50

**Which of the following is a difference between a 'jury trial' and a 'bench trial'?** ## Footnote Question 50 - EXAM2

Answer 50

A. In a bench trial the judge determines both the facts and the law

Question 51

**Which of the following statements regarding 'burden of proof' is TRUE?** ## Footnote Question 51 - EXAM2

Answer 51

C. The plaintiff's burden of proof in a civil trial is preponderance of the evidence

Question 52

**The 'burden of proof' at a criminal trial is?** ## Footnote Question 52 - EXAM2

Answer 52

C. Beyond a Reasonable Doubt

Question 53

**As a means for preparing for court, a police officer should do which of the following?** ## Footnote Question 53 - EXAM2

Answer 53

C. Contact the prosecutor prior to testifying regarding any questions or concerns

Question 54

**Which of the following statements regarding the difference between a lay witness versus an expert witness is TRUE?** ## Footnote Question 54 - EXAM2

Answer 54

B. An expert witness may provide an opinion that goes to the ultimate issue to be decided

Question 55

**Which of the following definitions are TRUE?** ## Footnote Question 55 - EXAM2

Answer 55

C. Hearsay is an out-of-court statement offered for the truth of the matter asserted

Question 56

**When testifying in court, if you cannot remember the answer to a question you should:** ## Footnote EXAM2

Answer 56

C. Say, 'I don't remember.'

Question 57

**An officer may encounter this common trial objection when testifying in court:** ## Footnote EXAM2

Answer 57

D. All of the above are common objections