CITP EXAM QUESTIONS AND ANSWERS:
LATEST UPDATE (ALREADY GRADED A+.)
Fred is arrested for shoplifting at the FLETC Express store (a misdemeanor). He validly waives his
Miranda rights. About an hour into the interview, Fred realizes things are more serious than he
thought and he says to the officers, "A lawyer might be a good idea." May the officers continue
questioning Fred?
a. Yes, because Fred did not invoke his right to counsel.
b. Yes, because a request for counsel after the interview has begun is too late.
c. No, because the officers did not clarify what Fred meant by the statement.
d. No, because a request for counsel in a misdemeanor case does not have to be honored.
a. Yes, because Fred did not invoke his right to counsel. Correct. Fred's statement is not considered to be
an effective assertion of the right to counsel because it was ambiguous (unclear). See also the
justification to answer c.
b. Yes, because a request for counsel after the interview has begun is too late. Incorrect: A person can
invoke their right to counsel, or silence, at any time.
c. No, because the officers did not clarify what Fred meant by the statement. Incorrect: While the
Supreme Court has said that clarification of the statement is a "good police practice," clarification is not
required under the law.
d. No, because a request for counsel in a misdemeanor case does not have to be honored. Incorrect:
There is no such rule of law.
Fred is arrested and is placed into a physical line-up to see if witnesses can identify him as the
perpetrator. This line-up violates either Miranda or the 5th Amendment due process provision if:
a. Officers fail to give Fred his Miranda rights and obtain a waiver.
b. It is a "show-up" line-up conducted right after the crime was allegedly committed and near the
place of the alleged crime.
c. Fred refuses to participate in the line-up.
d. In a line-up with 5 other people, Fred is at least 6 inches taller than any of the others.
a. Officers fail to give Fred his Miranda rights and obtain a waiver. Incorrect: Under these circumstances,
no Miranda warnings or waiver are required because Fred is not being interrogated by law enforcement,
and his being in the line-up is not testimonial.
b. It is a "show-up" line-up conducted right after the crime was allegedly committed and near the place
of the alleged crime. Incorrect: While show-up line-ups are not favored under the law, such a line-up
conducted near the time and place of the crime are acceptable if not otherwise unduly suggestive.
c. Fred refuses to participate in the line-up. Incorrect: Fred cannot refuse to participate in the line-up. To
make Fred participate against his will, however, would require a subpoena or court order.
d. In a line-up with 5 other people, Fred is at least 6 inches taller than any of the others. Correct: A line-
up procedure cannot be "unduly suggestive." Line-ups where the participants are very dissimilar in
appearance are unduly suggestive.
, The Jones Corporation is under investigation for fraud. Agents have reason to believe that the
corporation possesses documents that will show it is engaged in the fraud. The agents obtain a
subpoena for the records and serve it on Mrs. Smith, the records custodian. Is Smith's claim that
producing the records might violate the corporations 5th Amendment right against self incrimination
valid?
a. Yes, because the records might incriminate Smith.
b. Yes, because the records might incriminate the corporation.
c. No, because the corporation does not have a 5th Amendment privilege against self incrimination.
d. No, because the agents could have obtained the information with a warrant anyway.
a. Yes, because the records might incriminate Smith. Incorrect: The subpoena is directed for the
corporate records, and the corporation does not have a 5th Amendment privilege against self-
incrimination. If the records would tend to incriminate Smith personally, the government would not be
allowed to use the fact that Smith is the one that produced the records (act of production immunity).
b. Yes, because the records might incriminate the corporation. Incorrect: The corporation does not have
a 5th Amendment privilege against self-incrimination.
c. No, because the corporation does not have a 5th Amendment privilege against self incrimination.
Correct: The corporation does not have a 5th Amendment privilege against self-incrimination.
d. No, because the agents could have obtained the information with a warrant anyway. Incorrect: This is
not relevant. The corporation does not have a 5th Amendment privilege against self-incrimination,
though they do have rights under the 4th Amendment.
Fred and four of his friends rob a bank, but only Fred is arrested. Agents want Fred to provide
information about the other four robbers. Fred invokes both his right to silence and counsel. Agents
arrange with the AUSA and obtain use immunity for Fred for his involvement in the robbery. They
then subpoena Fred to testify before the grand jury and a subsequent trial. Which of the following is
true about this grant of immunity?
a. Fred can not be prosecuted for bank robbery.
b. Fred can not be prosecuted for perjury should he lie before the grand jury or at the trial.
c. Fred still has a Fifth Amendment privilege against self-incrimination concerning the bank robbery.
d. Evidence discovered or derived from Fred's testimony can not be used against Fred if he is
prosecuted for any offense.
a. Fred can not be prosecuted for bank robbery. Incorrect: Because Fred was only given use, and not
transactional, immunity, he can be prosecuted for the bank robbery.
b. Fred can not be prosecuted for perjury should he lie before the grand jury or at the trial. Incorrect: A
grant of immunity is not a license to lie. If Fred lies under oath, he can be prosecuted for perjury. In
addition, if he lies to agents, he could be prosecuted for false statement, 18 USC Section 1001.
c. Fred still has a Fifth Amendment privilege against self-incrimination concerning the bank robbery.
Incorrect: Because the testimony Fred is being compelled to give can no longer be used in a criminal
proceeding, the grant of immunity has extinguished Fred's 5th Amendment right against self-
incrimination as to the bank robbery.
d. Evidence discovered or derived from Fred's testimony can not be used against Fred if he is prosecuted
for any offense. Correct: Use immunity prohibits the government from using not only Fred's testimony
against him, but information derived or discovered as a result of the immunized testimony. If the
LATEST UPDATE (ALREADY GRADED A+.)
Fred is arrested for shoplifting at the FLETC Express store (a misdemeanor). He validly waives his
Miranda rights. About an hour into the interview, Fred realizes things are more serious than he
thought and he says to the officers, "A lawyer might be a good idea." May the officers continue
questioning Fred?
a. Yes, because Fred did not invoke his right to counsel.
b. Yes, because a request for counsel after the interview has begun is too late.
c. No, because the officers did not clarify what Fred meant by the statement.
d. No, because a request for counsel in a misdemeanor case does not have to be honored.
a. Yes, because Fred did not invoke his right to counsel. Correct. Fred's statement is not considered to be
an effective assertion of the right to counsel because it was ambiguous (unclear). See also the
justification to answer c.
b. Yes, because a request for counsel after the interview has begun is too late. Incorrect: A person can
invoke their right to counsel, or silence, at any time.
c. No, because the officers did not clarify what Fred meant by the statement. Incorrect: While the
Supreme Court has said that clarification of the statement is a "good police practice," clarification is not
required under the law.
d. No, because a request for counsel in a misdemeanor case does not have to be honored. Incorrect:
There is no such rule of law.
Fred is arrested and is placed into a physical line-up to see if witnesses can identify him as the
perpetrator. This line-up violates either Miranda or the 5th Amendment due process provision if:
a. Officers fail to give Fred his Miranda rights and obtain a waiver.
b. It is a "show-up" line-up conducted right after the crime was allegedly committed and near the
place of the alleged crime.
c. Fred refuses to participate in the line-up.
d. In a line-up with 5 other people, Fred is at least 6 inches taller than any of the others.
a. Officers fail to give Fred his Miranda rights and obtain a waiver. Incorrect: Under these circumstances,
no Miranda warnings or waiver are required because Fred is not being interrogated by law enforcement,
and his being in the line-up is not testimonial.
b. It is a "show-up" line-up conducted right after the crime was allegedly committed and near the place
of the alleged crime. Incorrect: While show-up line-ups are not favored under the law, such a line-up
conducted near the time and place of the crime are acceptable if not otherwise unduly suggestive.
c. Fred refuses to participate in the line-up. Incorrect: Fred cannot refuse to participate in the line-up. To
make Fred participate against his will, however, would require a subpoena or court order.
d. In a line-up with 5 other people, Fred is at least 6 inches taller than any of the others. Correct: A line-
up procedure cannot be "unduly suggestive." Line-ups where the participants are very dissimilar in
appearance are unduly suggestive.
, The Jones Corporation is under investigation for fraud. Agents have reason to believe that the
corporation possesses documents that will show it is engaged in the fraud. The agents obtain a
subpoena for the records and serve it on Mrs. Smith, the records custodian. Is Smith's claim that
producing the records might violate the corporations 5th Amendment right against self incrimination
valid?
a. Yes, because the records might incriminate Smith.
b. Yes, because the records might incriminate the corporation.
c. No, because the corporation does not have a 5th Amendment privilege against self incrimination.
d. No, because the agents could have obtained the information with a warrant anyway.
a. Yes, because the records might incriminate Smith. Incorrect: The subpoena is directed for the
corporate records, and the corporation does not have a 5th Amendment privilege against self-
incrimination. If the records would tend to incriminate Smith personally, the government would not be
allowed to use the fact that Smith is the one that produced the records (act of production immunity).
b. Yes, because the records might incriminate the corporation. Incorrect: The corporation does not have
a 5th Amendment privilege against self-incrimination.
c. No, because the corporation does not have a 5th Amendment privilege against self incrimination.
Correct: The corporation does not have a 5th Amendment privilege against self-incrimination.
d. No, because the agents could have obtained the information with a warrant anyway. Incorrect: This is
not relevant. The corporation does not have a 5th Amendment privilege against self-incrimination,
though they do have rights under the 4th Amendment.
Fred and four of his friends rob a bank, but only Fred is arrested. Agents want Fred to provide
information about the other four robbers. Fred invokes both his right to silence and counsel. Agents
arrange with the AUSA and obtain use immunity for Fred for his involvement in the robbery. They
then subpoena Fred to testify before the grand jury and a subsequent trial. Which of the following is
true about this grant of immunity?
a. Fred can not be prosecuted for bank robbery.
b. Fred can not be prosecuted for perjury should he lie before the grand jury or at the trial.
c. Fred still has a Fifth Amendment privilege against self-incrimination concerning the bank robbery.
d. Evidence discovered or derived from Fred's testimony can not be used against Fred if he is
prosecuted for any offense.
a. Fred can not be prosecuted for bank robbery. Incorrect: Because Fred was only given use, and not
transactional, immunity, he can be prosecuted for the bank robbery.
b. Fred can not be prosecuted for perjury should he lie before the grand jury or at the trial. Incorrect: A
grant of immunity is not a license to lie. If Fred lies under oath, he can be prosecuted for perjury. In
addition, if he lies to agents, he could be prosecuted for false statement, 18 USC Section 1001.
c. Fred still has a Fifth Amendment privilege against self-incrimination concerning the bank robbery.
Incorrect: Because the testimony Fred is being compelled to give can no longer be used in a criminal
proceeding, the grant of immunity has extinguished Fred's 5th Amendment right against self-
incrimination as to the bank robbery.
d. Evidence discovered or derived from Fred's testimony can not be used against Fred if he is prosecuted
for any offense. Correct: Use immunity prohibits the government from using not only Fred's testimony
against him, but information derived or discovered as a result of the immunized testimony. If the
