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I JUST NEED THE ANSWERS FOR EACH QUESTIONS NO EXPLANATION NEEDED. THANK YOU. 1. Under the cured statement rule the police can purposely hold off
I JUST NEED THE ANSWERS FOR EACH QUESTIONS NO EXPLANATION NEEDED. THANK YOU. 1. Under the cured statement rule the police can purposely hold off issuing Miranda warnings to a person in custody, question that person and once they have a statement read the person their Miranda warnings, re-take the statement and have it admitted at trial against the person A. True B. False 2. The only requirement for a defendant to prove a Sixth Amendment violation right to effective assistance of counsel is to show to a reviewing court that the performance of a defendant's attorney was deficient A. True B.False 3. The U.S. Supreme Court has held that random, suspicion-less roadblocks by the police are unconstitutional. A. True B. False 4. A prisoner (P) is transferred to a jail for preliminary hearing in regard to a serious prison assault. Police place an undercover officer in the cell with P, pretending to be a criminal defendant. In their cell the undercover officer asks P if he ever killed anyone. P indicates he has and proceeds to discuss the crime. P's admission in inadmissible in a murder trial because he was in custody for Miranda purposes when the statement was elicited A. True B. False 5. "Elicitation" refers to: a. a suspect making spontaneous incriminatory statements b. a 6th Amendment term of art referring to police conduct which elicits an incriminatory statement from a suspect whose right to counsel has attached c. a 5th Amendment term of art referring to police custodial questioning of a suspect prior to the issuance of Miranda warnings d. the use of an undercover officer or informant to extract information from a suspect 6. Where a defendant decides to represent himself/herself in a criminal trial, standby counsel can intercede at any time and take over the trial from the defendant A. True B. False 7. The 6th Amendment right to counsel attaches automatically upon arrest without a warrant A. True B. False 8. Physical evidence lawfully obtained by the police but gained as the result of a technical Miranda violation, such as a failure to administer the warnings will be _________: a. suppressed at trial under the exclusionary rule as a Fourth Amendment violation b. suppressed at trial since the statement was made without and would be a Sixth Amendment violation c. admitted at trial since the interests protected by the Fifth Amendment are not impacted by the lawful seizure of physical evidence d. admitted at trial as an exception to the exclusionary rule based on attenuation theory 9. A waiver of one's 5th Amendment right against self-incrimination must be _____: a. made in the presence of a suspect's attorney b. sworn to and in writing c. made prior to arraignment d. clear and unequivocal 10. Miranda applies anytime the police seek to question an individual A. True B. False 11. The U.S. Supreme Court has followed the rule that the 6th Amendment requires an indigent defendant be provided counsel for mandatory appeals A. True B. False 12. Under Miranda a police officer must: a. read warnings as soon as he/she believes an interviewee is a suspect b. read warnings to a person invited to talk to the officer in private c. read warnings prior to questioning a person in the police officer's presence d. read warnings whenever interrogating a person in custody 13. According to the U.S. Supreme Court a third party, such as a family member, can assert that a criminal suspect is represented by an attorney, even if the suspect is unaware of this, and subsequent questioning by police leading to an incriminating statement will be inadmissible at trial. A. True B. False 14. "Derivative use" or "Use" immunity refers to: a. the prosecution's inability to use any evidence or information derived from a defendant's compelled statement b. the ability of the prosecution to use any evidence derived from a defendant's compelled statement provided the compelled statement itself is not used at trial c. a term of evidence exclusion relating to the 6th Amendment and "fruit of the poisonous tree" evidence d. an alternate term for transactional immunity 15. The rule that police need not obtain a search warrant to search a mobile vehicle once there is probable cause is based in part on: a. the need to maintain traffic flow b. convenience of police officers c. officer safety d. mobility and lesser expectation of privacy in vehicles 16. A police officer stops a driver for speeding and asks him how fast he was going. The driver says he was going 20 miles over the speed limit. The driver's statement is: a. inadmissible because Miranda warnings were not read b. admissible because temporary roadside questioning does not require Miranda c. inadmissible because the driver was in custody d. admissible as a compelled statement under Kastigar v. United States 17. After a defendant has been formally charged with crime "A", each of the following may be done by the police, EXCEPT: a. read him Miranda warnings and question the defendant about crime "B" b. have an undercover agent meet the defendant in a public place and talk to him about his upcoming trial in crime "A" c. place another prisoner in his jail cell with orders to not to talk to the defendant about any crime d. place an informant prisoner in his jail cell with orders to listen for information about crime "B" 18. The Fifth Amendment privilege against self-incrimination is not violated in each of the following situations except when: a. a suspect in a lineup is required to wear clothing similar to that worn by the perpetrator of a robbery and made to repeat words spoken by the perpetrator at the scene of the crime b. a suspect is required to provide a writing exemplar to police c. a suspect is purposely questioned while in custody without Miranda warnings having been provided, makes an incriminating statement and then re-questioned after Miranda warnings have been provided d. a suspect is required to stand in a line-up after arrest without his/her attorney being present 19. A search incident to arrest made in a defendant's home can be of the person and any area he/she may be able to reach into to grab a weapon. A. True B. False 20. When a police officer stops a car with passengers, the officer may search a passenger's bag left in the car: 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
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