CITP EXAM QUESTIONS AND ANSWERS:
LATEST UPDATE (ALREADY GRADED A+.)
Fred is arrested for making harassing phone calls and is in custody. Some of the calls were recorded.
Officers want a voice exemplar (sample) of Fred's voice to compare Fred's voice to the recordings.
Without giving Fred Miranda rights, officers obtain a subpoena and court order directing Fred to give
the voice exemplar. Can Fred be required to provide the voice exemplar over his objection?
a. No, because the exemplar might incriminate Fred.
b. No, because before the police can lawfully ask any questions of a person in custody, the suspect
must first be given, and waive, his Miranda rights.
c. Yes, because once a person is in custody, they no longer have to be given Miranda rights.
d. Yes, because giving the exemplar is not protected by the 5th Amendment.
a. No, because the exemplar might incriminate Fred. Incorrect: While the results of the exemplar might
be used at Fred's trial to convict him, the exemplar is "non-testimonial" and therefore not protected by
the 5th Amendment.
b. No, because before the police can lawfully ask any questions of a person in custody, the suspect must
first be given, and waive, his Miranda rights. Incorrect: This statement is too broad to be correct.
Booking, and public and officersafety, questions of a person, for example, do not require Miranda.
c. Yes, because once a person is in custody, they no longer have to be given Miranda rights. Incorrect:
Those in custody generally do have to be given and waive Miranda rights if they are to be questioned by
the police. (Those not in custody do not have such rights.) There are exceptions. See the above answer.
d. Yes, because giving the exemplar is not protected by the 5th Amendment. Correct: The exemplar is
"non-testimonial" and therefore not protected by the 5th Amendment.
Based on reasonable suspicion that Jack is a bank robber they are looking for, officers perform a Terry
stop at gun point, put him on the ground, handcuff him, perform a Terry frisk, and place him in the
back seat of the patrol vehicle. 25 minutes later, the officers leave the scene and transport him to the
office downtown. 15 minutes later when they arrive at the office, officers leave Jack in the cruiser and
in cuffs, and then begin to question him. At this time, officers have not placed Jack under arrest, and
they have not given Jack Miranda warnings. Jack confesses. Was this confession obtained in violation
of Miranda?
a. No, because Jack wasn't under arrest and therefore not in custody for Miranda purposes.
b. No, because Jack wasn't booked into a jail cell before being questioned.
c. Yes, because Jack was in custody for purposes of Miranda.
d. Yes, because Miranda warnings are required whenever one who is the subject of a Terry stop is
questioned.
a. No, because Jack wasn't under arrest and therefore not in custody for Miranda purposes. Incorrect:
While Jack was not formally arrested, a reasonable person would conclude theywere under arrest in
these circumstances and therefore in custody for Miranda purposes.
b. No, because Jack wasn't booked into a jail cell before being questioned. Incorrect: A person doesn't
have to be physically in a jail cell before Miranda istriggered. Formal arrest, or the functional equivalent
of arrest, is sufficient to trigger Miranda.
, c. Yes, because Jack was in custody for purposes of Miranda. Correct: While the officers might have
intended only a Terry stop, the facts here would lead a reasonable person to believe they were under
arrest given the length of time Jack was detained, the manner in which the stop was conducted, the
time Jack was in restraints, and the fact that he was transported from the scene.
d. Yes, because Miranda warnings are required whenever one who is the subject of a Terry stop is
questioned. Incorrect: This statement is incorrect. In most cases, Terry stops are not "custody" for the
purposes of Miranda and therefore do not require Miranda warnings.
Fred was arrested for selling counterfeit currency shortly after an undercover buy operation and a
brief chase down a street. The arresting officer immediately performed a search incident to arrest, but
was surprised to find that Fred did not have the "buy money" on his person. Without advising Fred of
his Miranda rights, the officer said "Okay, Fred, show me where the money is." Fred then pointed to
some bushes 200 feet away next to the sidewalk where he had been chased, and the marked "buy
money" was found there. Was this information obtained from Fred in violation of Miranda?
a. No, because Fred wasn't questioned or interrogated.
b. No, because Fred wasn't in a jail setting and therefore not in custody.
c. Yes, because the officer did not obtain a valid Miranda waiver.
d. Yes, because Miranda rights are required before asking any questions of a person who has been
arrested.
a. No, because Fred wasn't questioned or interrogated. Incorrect: Fred was being questioned. See the
justification for question c.
b. No, because Fred wasn't in a jail setting and therefore not in custody. Incorrect: Fred was under arrest
and that constitutes "custody" for purposes of Miranda.
c. Yes, because the officer did not obtain a valid Miranda waiver. Correct: Whenever a known officer
interrogates a person in custody, Miranda rights must first be given and a valid waiver obtained. Fred
was under arrest by an officer. Law enforcement questioning includes not only asking questions that
might elicit a criminal response, but any conduct that might do so. The officer's statement to Fred is
likely to elicit a criminal response (pointing). Accordingly, Miranda rights, and a valid waiver, were
required before having Fred point to the money's location.
d. Yes, because Miranda rights are required before asking any questions of a person who has been
arrested. Incorrect: This is an incorrect statement. Officer and public safety questions, and booking
questions, for example, do not require Miranda warnings and waiver even if the person has been
arrested.
Jack is arrested for assaulting Jill. As soon as Jack is arrested, and during the search incident to arrest
and before Jack is read his Miranda rights, Jack screams out to the police, "Arrest me if you want to,
but Jill got what she deserved." The officers then ask Jack his full name, date of birth, and SSN. Jack
provides the information. Which, if either, of the statements that Jack made were obtained in
violation of Miranda?
a. Both statements (#1: what Jack screamed out, and #2, the information regarding his name, DOB,
and SSN).
b. The first statement only.
c. The second statement only.
d. Neither statement.
LATEST UPDATE (ALREADY GRADED A+.)
Fred is arrested for making harassing phone calls and is in custody. Some of the calls were recorded.
Officers want a voice exemplar (sample) of Fred's voice to compare Fred's voice to the recordings.
Without giving Fred Miranda rights, officers obtain a subpoena and court order directing Fred to give
the voice exemplar. Can Fred be required to provide the voice exemplar over his objection?
a. No, because the exemplar might incriminate Fred.
b. No, because before the police can lawfully ask any questions of a person in custody, the suspect
must first be given, and waive, his Miranda rights.
c. Yes, because once a person is in custody, they no longer have to be given Miranda rights.
d. Yes, because giving the exemplar is not protected by the 5th Amendment.
a. No, because the exemplar might incriminate Fred. Incorrect: While the results of the exemplar might
be used at Fred's trial to convict him, the exemplar is "non-testimonial" and therefore not protected by
the 5th Amendment.
b. No, because before the police can lawfully ask any questions of a person in custody, the suspect must
first be given, and waive, his Miranda rights. Incorrect: This statement is too broad to be correct.
Booking, and public and officersafety, questions of a person, for example, do not require Miranda.
c. Yes, because once a person is in custody, they no longer have to be given Miranda rights. Incorrect:
Those in custody generally do have to be given and waive Miranda rights if they are to be questioned by
the police. (Those not in custody do not have such rights.) There are exceptions. See the above answer.
d. Yes, because giving the exemplar is not protected by the 5th Amendment. Correct: The exemplar is
"non-testimonial" and therefore not protected by the 5th Amendment.
Based on reasonable suspicion that Jack is a bank robber they are looking for, officers perform a Terry
stop at gun point, put him on the ground, handcuff him, perform a Terry frisk, and place him in the
back seat of the patrol vehicle. 25 minutes later, the officers leave the scene and transport him to the
office downtown. 15 minutes later when they arrive at the office, officers leave Jack in the cruiser and
in cuffs, and then begin to question him. At this time, officers have not placed Jack under arrest, and
they have not given Jack Miranda warnings. Jack confesses. Was this confession obtained in violation
of Miranda?
a. No, because Jack wasn't under arrest and therefore not in custody for Miranda purposes.
b. No, because Jack wasn't booked into a jail cell before being questioned.
c. Yes, because Jack was in custody for purposes of Miranda.
d. Yes, because Miranda warnings are required whenever one who is the subject of a Terry stop is
questioned.
a. No, because Jack wasn't under arrest and therefore not in custody for Miranda purposes. Incorrect:
While Jack was not formally arrested, a reasonable person would conclude theywere under arrest in
these circumstances and therefore in custody for Miranda purposes.
b. No, because Jack wasn't booked into a jail cell before being questioned. Incorrect: A person doesn't
have to be physically in a jail cell before Miranda istriggered. Formal arrest, or the functional equivalent
of arrest, is sufficient to trigger Miranda.
, c. Yes, because Jack was in custody for purposes of Miranda. Correct: While the officers might have
intended only a Terry stop, the facts here would lead a reasonable person to believe they were under
arrest given the length of time Jack was detained, the manner in which the stop was conducted, the
time Jack was in restraints, and the fact that he was transported from the scene.
d. Yes, because Miranda warnings are required whenever one who is the subject of a Terry stop is
questioned. Incorrect: This statement is incorrect. In most cases, Terry stops are not "custody" for the
purposes of Miranda and therefore do not require Miranda warnings.
Fred was arrested for selling counterfeit currency shortly after an undercover buy operation and a
brief chase down a street. The arresting officer immediately performed a search incident to arrest, but
was surprised to find that Fred did not have the "buy money" on his person. Without advising Fred of
his Miranda rights, the officer said "Okay, Fred, show me where the money is." Fred then pointed to
some bushes 200 feet away next to the sidewalk where he had been chased, and the marked "buy
money" was found there. Was this information obtained from Fred in violation of Miranda?
a. No, because Fred wasn't questioned or interrogated.
b. No, because Fred wasn't in a jail setting and therefore not in custody.
c. Yes, because the officer did not obtain a valid Miranda waiver.
d. Yes, because Miranda rights are required before asking any questions of a person who has been
arrested.
a. No, because Fred wasn't questioned or interrogated. Incorrect: Fred was being questioned. See the
justification for question c.
b. No, because Fred wasn't in a jail setting and therefore not in custody. Incorrect: Fred was under arrest
and that constitutes "custody" for purposes of Miranda.
c. Yes, because the officer did not obtain a valid Miranda waiver. Correct: Whenever a known officer
interrogates a person in custody, Miranda rights must first be given and a valid waiver obtained. Fred
was under arrest by an officer. Law enforcement questioning includes not only asking questions that
might elicit a criminal response, but any conduct that might do so. The officer's statement to Fred is
likely to elicit a criminal response (pointing). Accordingly, Miranda rights, and a valid waiver, were
required before having Fred point to the money's location.
d. Yes, because Miranda rights are required before asking any questions of a person who has been
arrested. Incorrect: This is an incorrect statement. Officer and public safety questions, and booking
questions, for example, do not require Miranda warnings and waiver even if the person has been
arrested.
Jack is arrested for assaulting Jill. As soon as Jack is arrested, and during the search incident to arrest
and before Jack is read his Miranda rights, Jack screams out to the police, "Arrest me if you want to,
but Jill got what she deserved." The officers then ask Jack his full name, date of birth, and SSN. Jack
provides the information. Which, if either, of the statements that Jack made were obtained in
violation of Miranda?
a. Both statements (#1: what Jack screamed out, and #2, the information regarding his name, DOB,
and SSN).
b. The first statement only.
c. The second statement only.
d. Neither statement.
