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Questions and Answers

What does the automatic detention of persons charged with aggravated sexual battery on a minor violate?

  • Right to Counsel
  • Procedural Due Process (correct)
  • Eighth Amendment
  • Equal Protection Clause

What is stated as the legitimate objective of the bail system?

  • To provide social justice
  • To ensure victim protection
  • To assure the defendant's appearance at trial (correct)
  • To prevent future crimes

What principle does bail set at an amount too great for an indigent defendant violate?

  • Due Process rights
  • Equal Protection Clause (correct)
  • Fifth Amendment rights
  • Fourth Amendment rights

What can be inferred about Ashton's expectation of privacy regarding his computer?

<p>He has a heightened expectation of privacy. (B)</p> Signup and view all the answers

What was the primary reason Officer Brig stopped Yasmin and Betty's truck?

<p>The truck swayed across the center line. (C)</p> Signup and view all the answers

What was the outcome of Ashton being detained by agents?

<p>His equipment was seized for further investigation. (C)</p> Signup and view all the answers

What argument does Ashton use to suppress the images found on his computer?

<p>The search was invalid under the Fourth Amendment. (A)</p> Signup and view all the answers

What did Officer Brig smell upon approaching the vehicle?

<p>Marijuana (A)</p> Signup and view all the answers

What is the primary focus of the Fourth Amendment in the context of searches?

<p>To protect against arbitrary arrests. (C)</p> Signup and view all the answers

What did Yasmin admit to Officer Brig after being pulled over?

<p>She had been smoking a marijuana joint. (B)</p> Signup and view all the answers

What must occur for Matt's consent to be considered valid after he expressed a desire for a lawyer?

<p>Matt must consult with a lawyer first. (A), A legal representative must be present. (D)</p> Signup and view all the answers

What action did Officer Brig take to investigate the contents of the canvas bags?

<p>Felt and manipulated the outside of the bags. (C)</p> Signup and view all the answers

In the scenario described, what might justify the agents' search of Ashton's computer?

<p>A valid search warrant obtained later. (C)</p> Signup and view all the answers

What is a key reason for denying the motion concerning Matt's consent?

<p>The officers had probable cause. (A)</p> Signup and view all the answers

What was found inside Betty's bag that led to their arrest?

<p>A brick of marijuana. (B)</p> Signup and view all the answers

What is the legal basis on which Betty seeks to suppress the evidence found in her bag?

<p>Officer Brig's manipulation constituted an unlawful search. (D)</p> Signup and view all the answers

Which of the following statements best summarizes the situation leading to Reuben being arrested?

<p>Reuben admitted to drinking before performing sobriety tests. (D)</p> Signup and view all the answers

What did Officer Brig do before he inspected the canvas bags?

<p>Visual inspected the cab and opened containers. (B)</p> Signup and view all the answers

What evidence did the government seek to admit during Reuben's trial?

<p>The videotape of traffic stops and sobriety tests. (C)</p> Signup and view all the answers

What factor contributed to the police conducting sobriety tests on Reuben?

<p>The officer's observations and Reuben's behavior. (D)</p> Signup and view all the answers

Which statement best represents the probable cause regarding Officer Brig's actions?

<p>He lacked probable cause to search the bags in the truck's flatbed. (C)</p> Signup and view all the answers

Why might the recorded statements made by Reuben at the Detention Center be important?

<p>They were made before he was Mirandized. (B)</p> Signup and view all the answers

Which of the following rights is associated with Miranda warnings?

<p>The right to remain silent. (D)</p> Signup and view all the answers

What could be a possible impact of failing to give Reuben Miranda warnings before questioning?

<p>All evidence obtained may be deemed inadmissible. (C)</p> Signup and view all the answers

What was the attorney's primary objection during the line-up procedure?

<p>The police used individuals who were too short. (D)</p> Signup and view all the answers

What was the outcome of the line-up identification for Jordan?

<p>Most witnesses made a positive identification. (C)</p> Signup and view all the answers

What was the trial court's response to the attorney's request to suppress the pre-trial identification evidence?

<p>The request was denied. (D)</p> Signup and view all the answers

What did the trial court also deny besides the suppression of identification evidence?

<p>Expert testimony regarding eyewitness identification reliability. (D)</p> Signup and view all the answers

What was Jordan ultimately charged with following the line-up?

<p>Six counts of robbery. (A)</p> Signup and view all the answers

How did the police handle the attorney during the line-up?

<p>They ordered her to leave the room. (B)</p> Signup and view all the answers

What is a significant aspect of the Sixth Amendment challenge in Jordan's case?

<p>It preserves the right to counsel during critical stages. (D)</p> Signup and view all the answers

What was the reason given by the police for denying the attorney's presence during witness interviews?

<p>They claimed it was standard procedure. (A)</p> Signup and view all the answers

What legal right did Matt invoke while speaking to the officers about his situation?

<p>Right to counsel (C)</p> Signup and view all the answers

What should the district court do regarding Matt’s claim that his statements should be excluded based on invoking the right to counsel?

<p>Grant the motion because he invoked his right to counsel. (C)</p> Signup and view all the answers

In what context did Matt attempt to contact his lawyer?

<p>Before the officers began questioning him at the police station (D)</p> Signup and view all the answers

What led to the officers wanting to question Matt about a gambling operation?

<p>Evidence found during the search of his store (A)</p> Signup and view all the answers

What was the reason Matt led the officers to the stash of marijuana?

<p>To avoid a more exhaustive search (A)</p> Signup and view all the answers

What did the officers do prior to questioning Matt about the gambling operation?

<p>Administered Miranda warnings (B)</p> Signup and view all the answers

Why might the district court deny Matt's motion to exclude the drugs found in his store?

<p>He voluntarily consented to the search when he allowed them to proceed. (B)</p> Signup and view all the answers

What was the consequence of officers questioning Matt about gambling after he invoked his right to counsel?

<p>Matt could challenge the admissibility of his statements. (B)</p> Signup and view all the answers

What constitutional right may Amy argue was violated by Detective Henderson's actions?

<p>Sixth Amendment rights to counsel. (C)</p> Signup and view all the answers

What is the best reason for Amy to suppress her confession?

<p>Detective Henderson initiated a conversation in her lawyer's absence. (C)</p> Signup and view all the answers

Which option correctly describes the situation regarding the police tap on Marlene's telephone conversation?

<p>The police had probable cause but delayed obtaining a warrant. (A)</p> Signup and view all the answers

What would be a potential consequence of Amy's confession if it is deemed inadmissible?

<p>Her case may depend solely on circumstantial evidence. (C)</p> Signup and view all the answers

What must Amy demonstrate to successfully argue her motion to suppress the confession?

<p>That she clearly expressed her decision to not talk without an attorney. (A)</p> Signup and view all the answers

Based on the scenario, why did the police not complete the paperwork for the phone tap immediately?

<p>They were delayed by other pressing business. (C)</p> Signup and view all the answers

What might be a key factor in determining the legality of the police's wiretapping of the phone?

<p>Whether the police acted with urgency due to potential destruction of evidence. (B)</p> Signup and view all the answers

What legal principle might support the argument that Detective Henderson did not honor Amy's request for counsel?

<p>The principle of Miranda v. Arizona requiring immediate cessation of questioning. (B)</p> Signup and view all the answers

Flashcards

Invocation of Right to Counsel (Grocery store)

Matt asserted his right to an attorney during questioning at the grocery store.

Reinitiated Questioning After Assertion

Police questioned Matt later about unrelated crimes after he initially invoked his right to an attorney.

Miranda Rights

Constitutional rights for those arrested, including the right to remain silent.

Anticipatory Invocation

An implied request for counsel, potentially less forceful than an explicit invocation.

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Valid Waiver

A voluntary and knowing decision to speak with police without an attorney present.

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Exclusionary Rule

Evidence obtained illegally may be excluded from court.

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Consent Search

A search done with the voluntary permission of the searched individual.

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Improper Consent

Consent rendered invalid due to deceptive or unlawful methods.

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Voluntary Consent

Agreement given freely and without coercion or pressure.

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Custodial Interrogation

Questioning a person in custody without a lawyer present

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Probable Cause

Reasonable ground to believe a crime has been committed.

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Search Warrant

Court order authorizing a search.

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Driving Under the Influence (DUI)

Operating a vehicle while impaired by drugs or alcohol.

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Roadside Sobriety Tests

Field tests to determine if a driver is impaired.

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Incriminating Statements

Statements admitting guilt or wrongdoing.

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Sixth Amendment Right to Counsel

The Sixth Amendment guarantees the right to an attorney during critical stages of criminal proceedings, including lineups.

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Lineup Identification

A procedure in which a witness views a group of individuals (including the suspect) to identify the perpetrator.

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Per Se Impermissible

Absolutely prohibited, regardless of circumstances or evidence.

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Post-Charge Lineup

A lineup conducted after a formal charge has been filed against the suspect.

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Reliability of Identification

The accuracy and trustworthiness of a witness's identification of a suspect.

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Expert Testimony on Eyewitness Reliability

Evidence from a qualified expert on factors that can affect eyewitness memory and identification.

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In-Court Identification

A witness's identification of a suspect in the courtroom during a trial.

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Suppression of Evidence

The exclusion of evidence from a trial due to legal problems with its acquisition.

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Open Flatbed Search

A search of an open flatbed truck, where the contents are visible to the public.

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Probable Cause for Search

Reason to believe evidence of a crime will be found in a specific location, justifying a search.

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Reasonable Suspicion

A lower standard of proof than probable cause, allowing for limited investigation.

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Frisk

A pat-down search involving a superficial examination of a person's outer clothing.

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Plain View Doctrine

Allows police to seize evidence of a crime that is readily visible without an intrusive search.

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Manipulation of Property

Unauthorized handling or examination of someone else's belongings, potentially constituting a search.

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Motion to Suppress

A legal request to exclude unlawfully obtained evidence from trial.

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Possession of Marijuana

The crime of having illegal drugs, often based on control or ownership.

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Preventive Detention

Holding a person in jail before trial to prevent them from committing crimes, especially dangerous ones.

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Bail System

The process of releasing a defendant from jail before trial, with the promise of money (bail) that they'll show up for court.

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Equal Protection Clause

Part of the 14th Amendment ensuring everyone is treated equally under the law, regardless of factors like wealth.

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Fourth Amendment

Protects against unreasonable searches and seizures, meaning police generally need a warrant to search you or your belongings.

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Suppression Motion

A request to the judge to exclude evidence from the trial because it was obtained illegally.

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Expectation of Privacy

The right to be left alone and control your own personal information, which can vary based on location and activity.

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Random Selection

Being chosen for a secondary check or investigation purely by chance.

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Particularized Suspicion

A clear and specific reason for suspicion based on facts, not just a general feeling.

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Sixth Amendment Right

The Sixth Amendment guarantees the right to an attorney during critical stages of a criminal proceeding, such as questioning after arrest.

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Invocation of Right to Counsel

When a suspect clearly states they want a lawyer present during questioning, the police must stop questioning.

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Waiver of Rights

A suspect can knowingly and voluntarily waive their right to an attorney, meaning they choose to speak with police without a lawyer present.

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Illegal Interrogation

Questioning a suspect after they've invoked their right to an attorney or without providing proper Miranda warnings.

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Fruit of the Poisonous Tree

Evidence obtained as a result of an illegal act (like an illegal interrogation) is also inadmissible in court.

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Study Notes

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