Criminal Procedure Exam Study Guide: Exam Items for the Laws of Arrest, Search & Seizure, Eyewitness Identification, and Confession Law: Second Ed.

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CURRENT EDITION 2nd
VOLUMES 1
PAGES 422
AUTHOR Larry E. Holtz
ESTIMATED NEXT EDITION DATE July 26, 2024
LAST RELEASE DATE July 17, 2024
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Criminal Procedure Exam Study Guide: Exam Items for the Laws of Arrest, Search & Seizure, Eyewitness Identification, and Confession Law: Second Ed.

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This Exam Study Guide is designed to assist you in your study of the laws of
Arrest, Search and Seizure, Confession Law and Eyewitness Identification for exam
preparation or general knowledge. It consists of hundreds of questions testing your
knowledge of the various cases and rules related to modern constitutional criminal
procedure. In critical areas, some questions purposely provide a repetitive approach
so that your memory and grasp of that part of the subject are solidified.

Part 1 provides a comprehensive presentation of exam strategies designed to assist your exam preparation. The theories, concepts and strategies have been gleaned from decades of experience in preparing students for college exams, police entry exams, and promotional exams.


Part 2 consists of the sophisticated exam questions related to the pertinent classical and current judicial decisions which directly impact the day-to-day activity of today’s law enforcement and criminal justice community. The exam items relate to cases from the United States Supreme Court and various federal courts. A few state cases have also been included to demonstrate where states may depart from the federal view.
Police officers, sheriff’s officers and investigators, as well as law school and college students and teachers will find these practice questions to be an invaluable resource for the study of criminal procedure, providing a challenging bank of testing material for the law of arrest, search warrants, exceptions to the warrant requirement, privacy expectations, private searches, regulatory and administrative searches, fire scenes, investigative detentions (stop and frisk), motor vehicle stops, and the good faith exceptions to the state and federal exclusionary rules. Also included are the laws related to interviews, confessions and Miranda, as well as rules and laws related to eyewitness identification.


For your convenience, most references are to Criminal Procedure for Law and Justice Professionals, where a comprehensive treatise on the subjects may be found.

 
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TABLE OF CONTENTS

Part 1: Exam Strategies

CHAPTER 1. INTRODUCTION: ESTABLISH A PROPER MINDSET

  • §1.1. Introduction: Establish a Proper Mindset
    • Commitment, Conviction and Courage
    • Visualization
  • §1.2. Preparation, Study Techniques and Tips
    • (a) Specific study tips
      • Gather and safeguard your books and study materials
      • A suitable location
      • Study time
      • Difficult material
      • Your attention span
      • Practice in unfamiliar places
      • Purposeful and deliberate
    • (b) A three-phase approach
      • (1) The preview
      • (2) Focused reading and study
      • (3) Review and reorganize
    • (c) Think like a “test writer.”
    • (d) Test your knowledge with practice test questions
  • §1.3. The “Job Description”
    • Periodically review the job description
  • §1.4. Enhancing Memory: Subject Matter Ownership
    • Acronyms
    • Mnemonic Devices

CHAPTER 2. THE TYPES OF FORMAL EXAM ITEMS

  • §2.1. The Structured “Situational” or “Conceptual” Exam Item.
    • The “Conceptual” Item
    • The Conceptual Item as an “Incomplete” Statement
    • The Conceptual “Hybrid”
    • The “Situational” Item
    • The “Situational” Item With “Spin Offs”
    • Universal Options
  • §2.2. Choose the Best of the Given Alternatives
    • The “Least Intrusive” Alternative
    • The “Most Reasonable” Alternative
    • The Option Which is “Half Right” and “Half Wrong”
    • The Option Which is “Half Right” and “Half Absent”
  • §2.3. What Page is the Test Writer On?
  • §2.4. Read Question Stems / “Spin-Offs” Before Facts
    • The strategy
    • “Associate Language”
    • Always Read “Spin-Off” Questions First; Then the Fact Pattern
  • §2.5. Never Add, Delete, Alter or Ignore Critical Facts
    • “Your Officer Wants to Know”
    • Don’t Ignore “Critical Words”
  • §2.6. Treat “Two-Tier” Exam Items as “True-False” Questions
  • §2.7. Do Not Base Answers on What You Commonly See on the Street
  • §2.8. Pay Close Attention to Words that “Qualify,” “Modify” or “Restrict”
    • “Least Representative”
    • “Not”
    • “Each . . . Except”
    • “Least Correct”
    • “Odd Man Out”
    • Your “First Responsibility”
    • “The First Thing”
    • Procedural questions; sequential steps
  • §2.9. Watch Out for Words That Are Too Extreme, Excessive or Radical
    • Process of Elimination
    • “Exception: When Extreme or Radical Language is Appropriate”

CHAPTER 3. THE EXAM PROCESS

  • §3.1. Never Leave an Answer Blank
  • §3.2. Use the Recommended Writing Instrument
  • §3.3. Right Answer in the Right Spot
  • §3.4. The “Computer Wavelength”
  • §3.5. Avoid Changing Any Answer Unless it is Obviously Wrong
  • §3.6. A Few Miscellaneous Exam Tips

Part 2: Criminal Procedure Exam Study Guide

  • Preliminary—Constitutional Issues
  • Section 1. The Law of Arrest
  • 2. Search Warrants
  • 3. Exceptions to the Written Warrant Requirement
    • Part 1
    • Part 2
  • 4. Privacy Expectations: Plain View; Open Fields; Abandonment
  • 5. Non-Governmental (Private) Searches
  • 6. Regulatory & Administrative Searches
  • 7. Fire Scenes
  • 8. Investigative Detentions; Stop & Frisk; Motor Vehicle Stops
  • 9. Independent Source and Inevitable Discovery
  • 10. The Good Faith Exceptions to the Exclusionary Rule
  • 11. Confession Law
  • 12. Eyewitness Identification
  • Table of Cases
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