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In a criminal case, intent can be proved only by direct evidence and not through the use of circumstantial evidence by the government (meaning evidence

  1. In a criminal case, intent can be proved only by direct evidence and not through the use of circumstantial evidence by the government (meaning evidence that is not direct, but inferred from the circumstances).

T F

  1. An arrest warrant must always (with no exceptions) be obtain before an arrest of a person suspected of a crime can be made by a police officer.

T F

  1. Search warrants are usually required for businesses especially in those businesses that are regulated by the U.S. or state governments.

T F

  1. According to the Fourth Amendment to the U.S. Constitution, the main rule is that people are protected from unreasonable searches and seizures which means that there can be no search or seizure unless based on probable cause and pursuant to a warrant issued by a judge or magistrate official, if no recognized exceptions exist at the time.

T F

  1. In order for search and/or seizure to be valid under the Fourth Amendment to the U.S. Constitution, it must be executed pursuant to a warrant and based on probable cause unless falling into an exception which would excuse not obtaining the warrant first, but must still be supported by probable cause.

T F

  1. Probable cause in criminal law of the U.S. is mere suspicion that someone committed a crime, and does not require that there be reasonable grounds to believe that a search of a specific place or specific person will reveal a specific illegality.

T F

  1. As a result of the interpretation by the U.S. Supreme Court and other federal courts, the Fourth Amendment constitutional safeguards/protections have been said to confer upon U.S. citizens a right to privacy or a reasonable expectation of privacy in their persons, places, houses, papers and effects.

T F

  1. Double jeopardy is a Fifth Amendment constitutional safeguard/protection which provides that a person cannot be tried twice for the same crime under the same factual circumstances unless there has not been a final determination by a judge or jury.

T F

  1. The right to remain silent is an interpretation of the Fifth Amendment of the U.S. Constitution by the U.S. Supreme Court that provides that a person cannot be forced to verbally give testimony against himself or herself (meaning not to incriminate himself or herself) in a criminal trial or any other type of official proceeding.

T F

  1. If a person has been acquitted or found not guilty, this means the jury concluded the Prosecution did not prove the elements of the crime(s) charged beyond a reasonable doubt and is the same thing as being found innocent.

T F

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