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23 Cards in this Set
- Front
- Back
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According to Officer Drobeck's lecture which of the following is NOT a factor in determining if a statement was given voluntary? A: Criminal Sophistication B: Length of Interrogation C: Promises D: The location of the interrogation |
A: Criminal Sophistication
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Which Constitutional Amendment protects a person from being forced to testify against himself? A: 4th Amendment B: 5th Amendment C: 6th Amendment D: 14th Amendment |
B: 5th Amendment |
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According to Officer Drobeck's lecture, which of the following is NOT a factor used by the courts to determine if the suspects is in custody? A: How long the questioning lasted B: Condition of the suspect C: what happened after the interview D: How many officers were present |
B: Condition of the suspect |
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Which Constitutional Amendment guarantees a person the assistance of counsel for his defense? A: 4th B: 5th C: 6th D: 14th |
C: 6th |
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According to G.O. 524.40, which of the following statements about juvenile interrogation is false? A: Up to, but no more than 3 officers may question a juvenile at one time. B: Both the guardian and the juvenile must waive their Miranda Rights. C: Officers can question out-of-state runaways without a parent's permission. D: Officers can question a juvenile who is emancipated by marriage without the presence of a parent or guardian. |
A: Up to, but no more than 3 officers may question a juvenile at one time.
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Which Constitutional Amendment guarantees a person equal protection under the law? A: 4th B: 5th C: 6th D: 14th |
D: 14th |
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According to SOP P1-111 the arresting officer can leave the questioning of a suspect in-custody to the detectives. A: True B: False |
B: False
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Which of the following statements about interview and interrogation are false? A: The more uniformed officers present, the more custodial the questioning. B: The Courts recognize the difference between interview and interrogation. C: Questioning in the patrol car is considered more custodial than questioning in the interrogation room. D: The courts have ruled that when an officer makes a statement to a custodial suspect which is intended to get the suspect to say something, the statement is interrogation. |
B: The Courts recognize the difference between interview and interrogation.
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Which case made the Prosecution's reference to the defendant's post arrest silence (the fact that no one asked the defendant to make a statement) improper? A: United States v. White B: Rhode Island v. Innis C: People v. Quintana D: People v. Freeman |
C: People v. Quintana
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According to Officer Drobeck's lecture, which of the following statements is false concerning interrogation and confession? A: A suspect may change his mind about giving a statement after he asserts his rights. B: A suspect may assert his rights at any time after being warned. C: If a suspect makes a complete assertion of his rights, the officer must immediately cease discussing the crime. D: If a suspect asks to talk to his attorney, the officer may return to question the suspect after a reasonable wait. |
D: If a suspect asks to talk to his attorney, the officer may return to question the suspect after a reasonable wait.
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The officer must give a suspect who is in-custody the exact wording provided on a Miranda Card as a warning. A: True B: False |
B: False
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Under the decision of the United States Supreme Court in Miranda v. Arizona, a police officer is required to advise a citizen of his Miranda Rights when the following circumstances exist: A: The citizen is the focus (i.e. a suspect) of a police investigation. B: The citizen has been arrested. C: The police wish to question the citizen. D: The citizen is deemed to be in police custody and is to be subject to police interrogation. |
D: The citizen is deemed to be in police custody and is to be subject to police interrogation.
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Which case did the Supreme Court decide by stating that a suspect did not need to know that his statement was being recorded for the recording to be admissible as evidence? A: People v. Freeman B: Rhode Island v. Innis C: United States v. White D: People v. Parada |
C: United States v. White
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According to Officer Drobeck's lecture, if an officer does not get a statement from the suspect, a prosecutor: A: May demand a statement in court. B: May not comment on the defendant's pretrial silence. C: May condemn the defendant for not offering an alibi to the officer. D: May use the fact that he was silent to make the suspect look more guilty. |
B: May not comment on the defendant's pretrial silence.
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Which of the following statements is NOT an example of when an officer violates a person's rights? A: The suspect gives an involuntary statement. B: The suspect has been unconstitutionally seized. C: The suspect is in custody and does not waive his Miranda rights and is subject to interrogation. D: The suspect is permitted to make a phone call. |
D: The suspect is permitted to make a phone call.
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According to Rhode Island v. Innis interrogation is any question, statement or conduct by an officer intended to elicit a response. A: True B: False |
A: True |
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Which statement below is true regarding the "Emergency Rescue" Doctrine? B: An officer may use low levels of pain to encourage a suspect to make a statement that could save a life. C: An officer may refuse admittance to the suspect's attorney when talking to the suspect under the "Emergency Rescue" conditions. D: An officer may block the suspect's path out of the interview room until a statement is obtained. |
A: An officer need not warn a suspect in custody of his Miranda Rights if a life may hang in the balance.
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The Court's formula for when a person is "in-custody" is: A: When a reasonable person in the suspect's position would believe himself to be deprived of his freedom of action to the degree associated with a formal arrest. B: When officers place the suspect in handcuffs and into a police car. C: When officers advise a suspect that he is being arrested and they pat him down. D: When an officer blocks the suspect's path to prevent him from leaving the interview room. |
A: When a reasonable person in the suspect's position would believe himself to be deprived of his freedom of action to the degree associated with a forma arrest.
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Volunteered statements are statements made by the suspect: A: When the officer does not use handcuffs or do a pat-down. B: When the suspect's attorney is present and agrees to let the suspect make a statement. C: Which are not in response to interrogation. D: When a suspect is not in custody and answers questions from an officer. |
C: Which are not in response to interrogation.
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A suspect's condition as to intoxication or drug withdrawal can determine if a statement was made voluntarily. A: True B: False |
A: True
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According to the Legal Source Book a complete "assertion" is: A: When the suspect signs and dates his Miranda Warning form. B: An unequivocal statement by the suspect that he wants a lawyer or wants to remain silent. C: Is when a suspect states he understands his rights and wants to make a statement. D: When a suspect is in custody and agrees to make a written statement. |
B: An unequivocal statement by the suspect that he wants a lawyer or wants to remain silent.
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Before an officer can question a juvenile who is in-custody the: B: The officer must verify the juvenile's age and allow him one phone call. C: The officer must determine if the juvenile is an in-state runaway. D: The officer must obtain a waiver from the juvenile and his parent or guardian. |
D: The officer must obtain a waiver from the juvenile and his parent or guardian.
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If a suspect invokes his right to remain silent and requests an attorney an officer may re-contact the suspect after the passage of a significant period of time and see if the suspect would want a second chance to make a statement. A: True B: False |
B: False
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