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Fingerprint evidence cannot pass the Daubert test. The courts have approved both ___________ and reasonable suspicion drug testing of peace officers. Answer: random Discuss and explain four exceptions to the warrant requirement. What are the prerequisites for each exception? Be […]

It is relatively easy for fingerprint experts to determine the age of a latent print. The courts found in State v. Burrell and In re Jerrell that the presence of _______ in juvenile matters was required. Answer: parents The hearsay […]

In Foster v. CA, two lineups occurred with the suspect in both lineups. The courts held that this was a denial of ____________. Discuss the ways in which a person may alter a crime scene in order to obstruct officers […]

In due process eyewitness identification cases, courts will look at the totality of the ____________. Terry stops are authorized only on probable cause. Answer: F One set of exceptions to the warrant requirement involves exigent circumstances. Answer: T Two requirements […]

In regards to the “Plain View” doctrine, any of the five human senses may provide information that makes it “immediately apparent” to the police that the object is evidence of a crime. Discuss the senses applicable to plain view and […]

In terms of the problems they address, what do the rules against hearsay and Confrontation Clause have in common? Be sure to provide examples. What are the possible causes of mistaken eyewitness identification? Discuss each. Answer: In the 1960s, the […]

After direct examination, a witness is subject to cross-examination by the opposing party. Searches of public school students by school officials on school grounds usually only require _____________ suspicion. Answer: reasonable The Fourth Amendment does not protect documents in public […]

Videotaping events which _______________ is not covered by the Fourth Amendment. a. occur in a home b. happen in a public place c. happen inside a motel or hotel room d. involve only minors Many states have a ________ privilege, […]

Many businesses, apartment buildings, schools and public places have _________ cameras, which can be used as sources of obtaining identification evidence. In a jury trial, it is the duty of the ____________ to assess the credibility of the witnesses and […]

People have less Fourth Amendment protection at the international border than in the interior of the U.S. A person on probation has a “_________________” interest that justified the officer to stop and search. Answer: Diminished Privacy The U.S. Supreme Court […]

In Illinois v. ____________, the Supreme Court allowed the use of drug dogs during routine traffic stops. Probationers and parolees have less Fourth Amendment protection than ordinary citizens. Answer: T The Supreme Court held in Fellers v. U.S. that once […]

According to the 2008 Columbia Law Review article entitled “Judging Innocence”, the leading cause of wrongful convictions was due to: a. Jury nullification b. Mistakes made by judges. c. Public defenders being unprepared. d. Erroneous identification by eyewitnesses. A police […]

If a party believes that a question posed by the opponent is improper, that party must make a/n ____________ to that question. a. exception b. objection c. proposition d. request to omit Which of the following is not a “closely […]

To qualify as an exception to the hearsay rule, the statement must have some indicia of reliability. Discuss three exceptions to the warrant requirement that would permit police to enter a home (where evidence might be seen in plain view). […]

What are the principal methods used at trial to test the testimony of witnesses? How does allowing hearsay interfere with those methods? One of the requirements for a statement to be defined as hearsay is that the statement be assertive. […]

The U.S. Supreme Court held that the probable cause standard is related to criminal investigations. The corpus _____________ rule requires that confessions be corroborated. Answer: delicti Describe the “Forfeiture by Wrongdoing” doctrine. Answer: In addition to the hearsay exceptions, most […]

One of the requirements for a statement to be defined as hearsay is that the statement is not offered to prove the truth of the matter asserted in the statement. Define administrative search warrants and the requirements of these types […]

The special needs exceptions to the warrant requirement expand the power of government to search and seize. Brutality and violence are not consistent with due process. Answer: T Law officers cannot focus on a specific neighbourhood only because of its […]

The _________ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice. Warrants must be issued by a neutral and ____________ magistrate or judge. Answer: detached The corpus delicti may be validly proven solely by circumstantial […]

To be admissible, testimony must be relevant, competent, and ____________. The chance of misidentification is 1.56 times more likely where the witness and the suspect are members of a different race. Answer: T _________________ evidence is important in civil personal […]

A/n ___is any statement or conduct from which guilt of the crime can be inferred. a. incriminating statement. b. confession c. excited utterance d. dying declaration After a suspect is charged with a crime, his/her _____Amendment right to an attorney […]

Not all states have adopted a good _______ exception that permits the use of evidence because of a mistake by a judge, prosecutor, police dispatcher, or computer. a. accompanying b. rationale c. intention d. faith When the exclusionary rule applies, […]

Statements offered to prove which of the following would be hearsay? a. no knowledge of any information possessed by the defendant b. the declarant’s state of mind c. the effect of the statement on the hearer d. The declarant was […]

Direct evidence is generally more powerful and convincing than circumstantial evidence. What types of checkpoints have been approved by the U.S. Supreme Court? What types of checkpoints have been disapproved by the Court? How does the Court distinguish checkpoints that […]

To have ___________ to challenge a police search, the person must have had a reasonable expectation of privacy in the place searched. What were the facts and holding of the U.S. Supreme Court in Katz v. U.S.? Why is this […]

Unreasonable searches and seizures that violate the ___________ Amendment can trigger the federal exclusionary rule. The officer in a pretextual stop usually suspects the driver (or a passenger) of having committed, or being in the process of committing, a serious […]

_____________are reasonable conclusions or deductions that fact finders (juries or judges) may draw from the evidence presented to them. a. convictions b. deductions. c. inferences d. determinations Children may testify only if a. they are a minimum of ten years […]

Modern _________exceptions occur frequently in sexual abuse cases. A person admitting the commission of a crime is making a statement against _________________. Answer: penal interest A long delay in reporting a sexual assault could be a factor considered by a […]

The USA _______ACT of 2001 expanded the authority of government to use many of these measures in combating terrorism. Search and seizure protections are found in the ____________ Amendment. Answer: Fourth Explain the concept of community caretaking. What impact does […]

It is a violation of the privilege against self-incrimination for a suspect to be required to speak at a lineup using the same words used by the perpetrator. Discuss the co-conspirator rule and provide an example. Answer: Most courts have […]

_________________ indicates a crime has been committed. Government access to stored e-mails is not covered by federal law. Answer: F The Fourth Amendment applies to voluntary encounters. Answer: F The 1603 trial of William Penn sparked interest in reforming the […]

Congress has passed laws making it a crime to receive or possess ____________________ from the Internet. Should there be a universal acceptance of a parent-child privilege? Why or why not? Answer: The student response should be based on the following […]

In U.S. v. Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule. a. subjective good motives b. objective good faith c. abandoned property d. inevitable discovery If a person attempts to enter the U.S. from Mexico, in […]

The silent witness method is a means of authenticating a document. Law enforcement officers and other governmental officials cannot intrude into a “zone of _______” of a person to seize documents, writings, or records without a showing of proper authority. […]

Under the Federal Rules of Evidence and in a number of jurisdictions, which of the following is specifically defined as not being hearsay, even though it may appear to be hearsay? a. admission by a party opponent b. unsworn statements […]

Verifying driver’s licenses and vehicle registration Intercepting illegal aliens on border highways Apprehending fleeing criminals Thwarting terrorist activity or attack Police cannot set up roadblocks and stop vehicles for the purpose of searching them for illegal drugs or evidence of […]