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Final

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gimenigu's version from 2017-12-14 07:26

Section

Question Answer
True or false: The 4th Amendment generally allows a search only if officers have a search warrant, probable cause, or voluntary consent to searchTrue
True or false: Random searches of checked luggage at an airport violate the 4th Amendment False
True or False: The standard for obtaining a warrant by a fire, health, and housing inspectors is higher than in a general search for contraband. False
If a school conducts a search, the search must be justified at its inception by a __________ __________ Reasonable suspicion
Under Texas law, for any sobriety checkpoint to be reasonable, it must at a minimum be authorized by a ______ ______ governing checkpoints. Statewide Policy
The remedies for a 5th Amendment violation are: (1) ________; (2) _________ suppression of evidence; civil liability
Until Miranda, ________________ was the test for admissibility of a confessionVoluntariness
Voluntariness is determined from the ________________ ____ ____ ______________ Totality of the circumstances
True or False: Congress can legislatively overrule Miranda False
True or False: Texas law imposes requirements for the admission of a custodial confession in addition to the Miranda requirementsTrue
For Miranda to apply, the suspect must be ____ _____________ and ____ ______________ in custody, under interrogation
The test for determining whether a suspect is in custody is whether a reasonable person would believe ____ ____ ____ ____ ___ ____?they are free to leave?
True or False: One of the factors courts review when making a custody determination is whether the officer had probable cause to arrestTrue
True or False: courts ALWAYS consider the subjective intent of the police when determining if a suspect is in custodyFalse
True or False: Once a suspect invokes his right to counsel, police can NEVER re-approach suspect in order to interrogateFALSE
If a person originally in custody is allowed to leave or released on bail, officers cannot approach that person for further questioning until there has been a “break” in custody of at least ____ days14
True or False: An undercover law enforcement officer posing as a fellow inmate must always give Miranda warnings to an incarcerated suspect before asking questions that may elicit an incriminating response.False
True or False: police cannot use an undercover officer to undermine a previously invoked right to counsel/remain silentTrue
The two exceptions to the Miranda requirement are: Public Safety/California rescue
System variables are controlled by ______________ ___________.Law Enforcement
True or False: the Fifth Amendment privilege allows a suspect to refuse to participate in a lineup without consequenceFalse
Identification procedures may not be unduly ________________ so as to make identification of the accused unreliable as a matter of lawSuggestive
If the identification procedure is unduly suggestive, the court must determine if it is nevertheless ___________Reliable
True or False: courts will apply a due process analysis where a suggestive lineup is not created by law enforcement, but by chanceFalse
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