Answers Fall 24 American GovernmentCivics ICYour Rights: Freedom of Expression

Your Rights: Due Process Answers

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A warrant, which specifies the location that can be searched and exactly what can be legally seized, must be issued by a

police officer.

judge.

mayor.

religious leader.

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to keep the government from abusing its authority

to prove to citizens that the government would be tough on criminals

to enable the government to find ways to assert its authority

to show leniency to people who are accused of crimes

The Supreme Court’s decisions in Terry v. Ohio (1967) and Horton v. California (1990) both held that the police

may, in certain cases, search individuals or seize their property without a warrant.

must never, even with reasonable cause, carry out a stop and frisk.

must always have a warrant to seize evidence, even if it is in plain view.

may never violate the Fourth Amendment protections concerning searches and seizures.

Which is a grand jury right?

the right to the same treatment and rules that all citizens receive

the right to avoid confessing to a crime

the right to indictment before trial for a capital crime

the right to avoid being tried twice for the same crime

Which of these statements describes a Fifth Amendment protection?

A warrant must be issued before the police can search someone’s property.

No one can be tried twice for the same crime.

Searches and seizures must be based on probable cause.

In certain cases, the government may seize someone’s property without payment.

If the government wants to take land to build a highway, the Fifth Amendment says that the affected property owners must

be compensated for the land.

be imprisoned if they object.

defend their land rights in court.

surrender the land as part of their patriotic duty.

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A citizen cannot be indicted before being tried for a serious crime.

A citizen cannot be forced to testify to a crime.

A citizen cannot be forced to testify for more than one day in court.

A citizen cannot be tried twice for the same crime.

The exclusionary rule states that if evidence is found during an illegal search, it

must be destroyed immediately.

cannot be admitted as evidence in court.

can be admitted into court anyway.

cannot be admitted into court unless a judge agrees.

A man walking down the street appears to have an illegal weapon. What can a police officer do?

The officer must immediately go before a judge to obtain a search warrant.

With reasonable cause, the officer can stop this individual and frisk him.

With reasonable cause, the officer can arrest the individual without reading the Miranda warning.

Nothing. The officer cannot stop anyone based on appearance alone.

The Fourth Amendment states that a reasonable search and seizure must

include a warrant and be based on an indictment.

include a warrant and be based on probable cause.

be based on probable cause and include due process.

be based on probable cause and include a Miranda warning.

In New York v. Quarles (1983), the Supreme Court ruled that Miranda rights do not have to be read if a suspect

already has a criminal record.

puts public safety at immediate risk.

looks as if he or she has just committed a crime.

is someone the arresting officer already knows.

How did the Supreme Court rule in the Miranda decision?

Ernesto Miranda was found guilty on all counts.

Ernesto Miranda had been denied his rights.

Ernesto Miranda could not be tried twice for the same crime.

Ernesto Miranda did not have the right to avoid self-incrimination.

Which statement accurately describes the Fourth Amendment?

The Fourth Amendment gives citizens the right to refuse a search under any circumstances.

Police officers may seize anything they find suspicious.

The Fourth Amendment describes the legal process for searches and seizures.

A police officer can search someone’s home, so long as a judge is present.

A key element of the Fourth Amendment is that searches and seizures must be conducted

only if a serious crime has been committed.

with compassion and support.

using a practical and organized method.

based on reasonable belief that a crime has been committed.

In addition to protection against self-incrimination, the Fifth Amendment ensures that people have

double jeopardy and grand jury rights.

search and seizure and grand jury rights.

Miranda warning and probable cause rights.

just compensation and warrant rights.

In Duckworth v. Eagan (1988), the Supreme Court held that the police

had been too harshly burdened by the Miranda decision and no longer had to follow it.

could create their own Miranda warning if it communicated the same message.

did not need to read the Miranda warning if they considered a suspect to be dangerous.

could create any warning they chose so long as they got a conviction.

In Miranda v. Arizona (1966), why did Ernesto Miranda say his Fifth Amendment rights had been violated?

He had been stopped and searched without a judge issuing a proper warrant.

He had been tried for serious crimes without a grand jury issuing an indictment.

He had confessed to crimes without being reminded of his right to avoid self-incrimination.

He had been jailed without being informed of the charges against him.

Which of these statements describes a Fourth Amendment protection?

A warrant based on probable cause is required.

All citizens must receive due process.

Citizens are protected against self-incrimination.

Search and seizure can only be conducted when the suspect is present.