6. California v. Hodari D. (1991), created a new rule when it added ___________. a. a \"physical restraint' element b. minimum amount of physical force against a suspect c. suspect reasonably believes he is not free to leave d. all suspects must be in handcuffs 7. Facts in court cases that have provided reasonable suspicion to support the conclusion that a person fits a drug courier profile include which of the following? a. The suspect wears clothing with colors associated with gangs. b. The suspect got off an airplane in the middle of deplaning passengers. c. An anonymous informer identified the suspect as a drug courier. d. The suspect is a young adult. 8. Each of the following are constitutional issues regarding the stop and search of mobile vehicles by police, EXCEPT: a. an officer may not order the driver and passenger to remain in the vehicle b. innocent behavior c. scope of officer's authority to search without a warrant d. an officer may enter an automobile to frisk a suspect 9. The relentless pressure by police to search cars is driven by: a. the need to maintain traffic flow b. the convenience of police officers c. the war on drugs d. public safety 10. Police who stop a car on the road with probable cause to believe that it contains contraband, the police may search the car _____________. a. at the side of the road b. at the police station c. on the spot d. only as part of an impoundment and inventory search 11. When a police officer stops a moving car on the highway for a driving infraction, ___________. a. both the driver and the passengers are seized b. the driver is arrested and the passengers are seized c. the driver is arrested and the passengers are not seized d. Neither the driver nor passengers are seized until the officers order them to exit or to stay in the car Unit 2 Examination 12. When a police officer stops a car, arrests the sole driver and the driver is out of the car, the officer may lawfully search the interior of the car ___________. a. in all circumstances b. if the driver exited without being asked to by the officer c. if the arrest was based on probable cause of possession of contraband d. if authorization is radioed or transmitted to the officer 13. When a police officer stops a car with passengers, the officer may search a passenger's bag ____________. a. only if the officer has probable cause that the bag contains contraband b. if the officer has probable cause that there is contraband in the car c. if the officer has reasonable suspicion that there is contraband in the car d. under no circumstances 14. Which rationale best explains the Supreme Court's rules on the search of containers in cars? a. the doctrine of transferred probable cause b. warrants are not needed to open containers in automobiles if there is probable cause c. a container in a car is not protected by the Fourth Amendment d. police lack facilities to store seized containers 15.The legal rule that justifies the automobile inventory search is the Fourth Amendment _____________. a. exigency b. automobile search rules c. administrative search rules d. necessity doctrine 16. Which pre Gideon v. Wainwright case did NOT advance the cause of the right to counsel? a. Johnson v. Zerbst (1938) b. Betts v. Brady (1942) c. Von Moltke v. Gillies (1948) d. Griffin v. Illinois (1956) 17. Which pre Gideon v. Wainwright case held that the right to counsel is a jurisdictional requirement in federal trials under the Sixth Amendment? a. Johnson v. Zerbst (1938) b. Betts v. Brady (1942) c. Von Moltke v. Gillies (1948) d. Griffin v. Illinois (1956) Unit 2 Examination 18. In Gideon v. Wainwright (1963): a. In federal cases, counsel must be provided for indigent defendants unless the right is competently and intelligently waived. b. The Supreme Court guaranteed the right to counsel to all state felony defendants by incoporating the Sixth Amendment into Fourteenth Amendment due process. c. Every state insists on providing prosecuting lawyers. d. Every defendant with means hires the best lawyer that they can. 19. In Argersinger v. Hamilin (1972) Justice Powell ___________. a. wrote the majority opinion incorporating the right to counsel b. concurred urging the the Supreme Court to choose a due process special circumstances rule c. dissented, arguing that the Due Process Clause cannot incorporate a Bill of Rights provision d. concurred because the right to counsel should be applied to misdemeanor as well as felony trials 20. The critical stage doctrine was ruled because it: a. best reflects the text of the Sixth Amendment b. was the intent of the framers c. was the only point in the criminal process at which a a defendant could raise an insanity defense withouth the approval of the trial judge. d. is a logical outcome of the special circumstances rule 21. All of the following cause the diminished funding for indigent defense: a. Tough-on-crime attitudes b. Rising caseloads c. Less of a demand on defense attorneys d. Diminishing government resources 22. The Supreme Court has ruled, in relation to retained counsel, in favor of each point EXCEPT: a. wrongly disallowing out-of-state, retained counsel who sought admission pro hac vice is a trial error b. the right to retained counsel is guaranteed by the Sixth Amendment c. retained counsel may be disallowed for a conflict of interest d. if retained counsel is erroneously disallowed, the defendant may automatically get a retrial Unit 2 Examination 23. The Sixth Amendment gurantees the right to counsel in: a. juvenile delinquency adjudication b. pleading guilty to a felony c. all criminal prosecutions d. sentencing in felony case 24. Why do prisoners have fewer procedural rights in disciplinary hearings than do probationers? a. they have no Sixteenth Amendment rights b. they are not granted court-martial proceedings c. they have much less fredom to lose than probationers or parolees d. parole revocation hearings are in remote areas 25. Which of the following were cases involving coflict of interest: a. Cuyler v. Sullivan b. Burger v. Kemp c. none of the above d. both A and B