Case 3.1
Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall
security call police and they chase the two into the mall parking lot. Police arrive as
Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security
identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In
plain view across the backseat are the stolen jackets still with the store tags and security
clips on them. Also in the minivan, in plain view, are proceeds from several other
shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of
heroin are found in the vehicle. Back at police headquarters a criminal history check
reveals that Walt has an extensive history of shoplifting and felony drug offenses. On
the over hand Kathy has no prior criminal history and just a few minor motor vehicle
offenses on her record. Police contact the store owners of the recovered proceeds and
confirm 4 more shoplifting incidents each with proceeds of $1,000.
Because of Walt’s lengthy criminal record the judge sets bail at $ 50,000 with no 10%
option. Which Constitutional Amendment would Walt use to challenge the amount of
the bail?
a. The Sixth Amendment
b. The Eighth Amendment
c. The Fourth Amendment
d. The Fifth Amendment
Thus far, in every drug testing case that has reached the U.S. Supreme Court, the
government has prevailed.
a. True
b. False
Case 2.3
Police respond to the scene of shooting outside a local bar. The scene is chaotic with
ambulance personnel attending to a nonresponsive shooting victim. In the course of
rendering aid to the victim, the victim and the victim’s clothing were removed from the
scene. The victim’s clothing and personal effects are collected by an emergency room
nurse at the hospital. The investigating officer responds to the hospital and takes
custody of the victim’s personal effects. A suspect is identified and charged with the
murder of the victim. At trial, it is determined that some of the victim’s personal effects
of evidentiary value were misplaced by hospital personnel. During the trial the
prosecution uses a cell mate of the defendant as a witness. Under oath the witness
claims that the defendant admitted to murdering the victim.
At trial, the defense attorney claims that the prosecution failed to turn over exculpatory
evidence thereby violating the _____.
a. First Amendment
b. Second Amendment
c. Brady Rule
d. Fourth Amendment
Case 2.1
Dave is pulled over for a motor vehicle violation in his local town in upstate New York.
During the course of the motor vehicle stop the officer determines that Dave had
relocated in to town from New Jersey six months prior to the stop. Although Dave has a
valid New York state license his driving privileges in New Jersey are suspended and he
has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a
registered violent sexual offender in New Jersey with an extensive criminal history. A
check of the local department data base reveals that Dave has not registered as a sexual
offender with the local town or state since relocating to New York.
Dave is charged under SORNA in New York and is being tried in the federal courts.
Which rules of evidence would apply to his trial?
a. New York state rules of evidence because that was where he was arrested
b. New Jersey state rules of evidence because that is where the original crime occurred
c. New York state rules of evidence because the federal court is located in New York.
d. Federal rules of evidence because the case is being tried in a federal court.
Case 3.2
Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local
highway. Sam is extremely nervous as he speaks with the officers. The primary officer
requests the registration and insurance card for the vehicle. As Sam opens the glove box
to retrieve the paperwork, the cover officer spots a handgun in the glove box. He
notifies his partner and Sam is immediately removed from the car and placed under
arrest. As the cover officer is securing the handgun she notices a scale, numerous empty
clear plastic bags, and two partially filled clear plastic bags containing a white powdery
substance on the floor just below the glove box.
While retrieving the gun, the officer notes a very strong odor of unburnt marijuana
which appear to be coming from the rear of the car. The officer concludes that odor
must be coming from the trunk, as there are no bags or container in plain view within
the passenger compartment. They search the trunk and find two pounds of raw
marijuana. The arrest and search are captured on the patrol unit dash camera system.
Sam Appleton is charged with unlawful possession of a weapon, possession of a control
dangerous substance (cocaine), possession with the intent to distribute, and possession
of drug paraphernalia.
Would Sam’s defense attorney have the right to see the police reports regarding Sam’s
arrest prior to trail?
a. No, this information is only required to be turned over at trial.
b. Sam’s defense attorney would be entitled to the arrest, investigation and property
reports but not the dash camera video recording.
c. Sam’s defense attorney would be entitled to all police reports and videos related to
the arrest, but not the laboratory results for the drugs.
d. Sam’s defense attorney would be entitled to all police reports, videos laboratory
results for the drugs related to the arrest.
In a government workplace, government workers have reduced Fourth Amendment
protection as compared to their protection at home.
a. True
b. False
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 crime.
a. True
b. False
Gruesome photographs of the victim’s body are never admissible.
a. True
b. False
The defense of insanity is successful in the majority of cases where the defendant uses
it.
a. True
b. False
For most of U.S. history, there was no federal exclusionary rule.
a. True
b. False
Most federal wiretapping and electronic eavesdropping statutes allow such interceptions
without a court order if _____.
a. one party to the conversation consents to the interception
b. the president or governor approves the interception
c. family violence is involved
d. no incriminating evidence is obtained
One of the costs (and criticisms) of the federal exclusionary rule is that it _____.
a. is too simple to covers a variety of situations
b. may result in innocent people being convicted
c. may result in guilty people being acquitted
d. has no exceptions
For “testimonial” statements, Washington v. Crawford _____.
a. aligns the hearsay rule and the Confrontation Clause.
b. creates divergence between hearsay exception and the Confrontation Clause.
c. changes nothing about the traditional relationship between the confrontation clause
and hearsay exceptions.
d. will have no impact on hearsay exceptions in state evidence codes.
_____ refers to situations in which a person’s life or safety is endangered: in which
there is concern for an elderly person or some other person, or in which a shooting, fire,
or explosion has occurred.
a. Precautionary
b. Cautionary
c. Immediacy
d. Exigency
Even though a warrantless or suspicionless search may be conducted based on an
administrative or public safety rationale, if evidence of crime is validly obtained during
such a search, the evidence _____.
a. must be suppressed in a criminal case
b. may be used in a criminal case
c. may be used only in felony cases
d. may not be used unless the defendant consents
Administrative searches and functions are those that are related to special need of
government and the community.
a. True
b. False
People can assert the privilege against self-incrimination only for _____ evidence.
a. physical or scientific evidence
b. testimonial or communicative
c. bodily
d. exculpatory
Case 13.3
Officer Franklin is investigating theft of art from the local museum. Three people claim
they were present when a woman wearing a smock rushed into the museum and
snatched the van Gogh off the wall before running out a side exit. All three witnesses
are at the police station and Officer Franklin has asked them to sit down with the police
department sketch artist to help with his investigation. Together, the witnesses provide
the artist with all the details they can recall, though there is some significant
disagreement on some of the details. Officer Franklin uses the sketch on a wanted
poster and Priscilla is identified by her neighbor, Molly, as matching the description.
When she is brought in for questioning, Priscilla denies involvement in the crime and
demands to have her attorney present. Priscilla refuses to participate in any lineup. The
missing painting is not recovered, though a smock matching the description of the
witnesses is recovered at her home.
The prosecutor may:
a. not introduce evidence that Priscilla refused to participate in the lineup.
b. introduce the smock as evidence to corroborate eyewitness testimony.
c. not use the sketch for purposes of corroborating in-court identification.
d. not use the testimony of any witness involved in the artist sketch as this would be
inadmissibly redundant.
In our adversary system of justice, the defense and prosecution _____.
a. cooperate to see that justice is done
b. readily share evidence and information
c. present their best case and challenge the opponent’s case
d. rarely challenge the admissibility of the opponent’s evidence
Whether consent to search is actually voluntary is determined by _____.
a. the administration of a competency exam
b. whether the Miranda warning was given
c. a reasonable person standard
d. the totality of the circumstances
Courts have long held that judicial notice may be taken of _____theories that have been
so established that they have “attained the status of law”,
a. scientific
b. conceptual
c. proven
d. absolute
If a person asserts their Miranda privilege to remain silent during police questioning,
that silence can be used as evidence of guilt.
a. True
b. False
The prosecution is required by law to prove the defendant’s guilt beyond a reasonable
doubt.
a. True
b. False
Expert testimony based on handwriting analysis is generally _____in both federal and
state courts under Federal Rules of Evidence 702 and similar state rules
a. inadmissible
b. excluded
c. subjective
d. admissible
After conquering England in 1066, the Norman invaders instituted trial by ordeal.
a. True
b. False
An alert by a trained drug detection dog constitutes reasonable suspicion but cannot
constitute probable cause.
a. True
b. False
Protective sweeps were approved by the U.S. Supreme Court in Maryland v. Buie.
a. True
b. False
Case 3.1
Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall
security call police and they chase the two into the mall parking lot. Police arrive as
Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security
identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In
plain view across the backseat are the stolen jackets still with the store tags and security
clips on them. Also in the minivan, in plain view, are proceeds from several other
shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of
heroin are found in the vehicle. Back at police headquarters a criminal history check
reveals that Walt has an extensive history of shoplifting and felony drug offenses. On
the over hand Kathy has no prior criminal history and just a few minor motor vehicle
offenses on her record. Police contact the store owners of the recovered proceeds and
confirm 4 more shoplifting incidents each with proceeds of $1,000.
What amount of proof was required for the initial responding officers to arrest Walt and
Kathy in the first place?
a. mere suspicion
b. reasonable suspicion
c. probable cause
d. proof beyond a reasonable doubt
Case 12.2
A 16-year-old male suspect is detained and questioned by his school principal regarding
drugs found in his school locker. The boy confesses to supplying small quantities of
drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The
principal advises the juvenile detectives of the boy’s confession. The detectives
transport the juvenile to the police station where he is placed in a juvenile interview
room. The detectives are familiar with the juvenile as he has two prior arrests for theft.
The detectives attempt to reach the juvenile’s parents without success. The juvenile
detectives provide the boy with his Miranda warning which he indicates that he
understands. He is then questioned regarding the drugs and from whom he has been
obtaining the drugs to sell at school. The juvenile repeats his previous confession he
gave to the principal. He remains silent in response to questions regarding who his
supplier is stating “I’m not a snitch. I am not talking about anyone else.” The detectives
then advise him that another high school student overdosed and died from the same
drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his
parents. The boy’s parents arrive at headquarters three hours later and tell him not to
answer any more questions. The suspect is charged on juvenile delinquency complaints
for the possession and distribution of drugs on school property. He is released to his
parents pending his court appearance.
Suppose four detectives continue to question the juvenile even after his repeated
requests to speak with his parents. He is kept from his parents in excess of 12 hours,
and denied a break from questioning. The detectives tell him that they have enough
evidence to charge him for the death of the other student and unless he confesses he will
go directly to jail and not see his parents. The continued pressure results in his
confession, implicating him in the death of an overdosed high school student. Would the
juvenile’s confession be considered voluntary?
a. Yes, as the juvenile was given his Miranda warning, which is the only criterion
necessary for a confession to be considered voluntary.
b. No, based upon the totality of the circumstances such as duration of questioning,
absence of the juvenile’s parents, repeated denial of the juvenile’s requests to speak to
his parents and coercive tactics used by police.
c. Yes, there was a ‘substantial” government interest of conducting a criminal
investigation into the death of another juvenile that outweighs the juvenile’s right
against self-incrimination.
d. No, only because the government interest of conducting a criminal investigation into
the death of another juvenile is not substantial enough to outweigh the first juvenile’s
rights.
The American criminal justice system is both accusatorial and adversarial in nature.
a. True
b. False
The common law hearsay rule and exceptions to the hearsay rule were initially created
to comply with Confrontation Clause requirements.
a. True
b. False
Spectrogram or voiceprint evidence comparing voices to determine a match _____
a. has been approved by the U.S. Supreme Court.
b. is admissible in all courts.
c. is admissible if the defendant agrees.
d. is not admissible in many courts.
Case 13.2
A woman was pushed to the ground by a man, who then stole her purse. He fled the
scene on foot. A police officer responded to the crime, but was unable to locate the
suspect based on the description by the victim. The next day, the woman was called into
the police station and selected a picture of Bob out of several photos shown to her by
the police officer. Bob was brought in and made to stand next to two other men of
similar height and build. The victim promptly identified Bob as the man who pushed
her down and took her purse. Bob was arrested for robbery.
Bob’s attorney is trying to get the identification by photograph suppressed at trial.
Which argument would help her the most?
a. Photographic arrays are always unduly suggestive.
b. Bob’s photo was only one of nine shown to the victim.
c. A police sketch artist should have been used.
d. The photographs used in the lineup were not preserved.
A(n) _____ is a direct acknowledgement of guilt.
a. confession
b. no contest
c. nolo contendre
d. alibi
There is an exception to the psychotherapist”patient privilege for patients who may
present a ____ to themselves or others
A statement that is offered only to show the effect on the _____ is not hearsay when
offered to show the state of mind of another.
At a lineup, a defendant may have a right to an attorney under the ____________
Amendment.
Single-photograph showings are suggestive; however, a prosecutor and the police could
attempt to show by testimony or other evidence that the identification is
sufficiently______.
In Marylandv._____, the U.S. Supreme Court excused an honest mistake by officers
while executing a search warrant.
Discuss three exceptions to the warrant requirement that would permit police to enter a
home (where evidence might be seen in plain view). Give examples of each.
List the objections to the form of the questions asked in a trial.
What are the rules for lineups as identification as defined by the National Council of
Judges?
Knock-and talk sessions can become _____, if the questioning changes from consensual
to interrogation, and may result in constitutional violations.
The formal court proceeding at which the defendant enters a plea to the charges is
called a/n _____.
In the adversarial system, evidence that a third party committed the crime is likely to be
challenged by the _____.
In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a
violation of due process has not occurred unless the following is shown:
The husband”wife privilege is also known as the _____________ privilege.
In ______ v. U.S., the Supreme Court held attenuation was an exception to the fruit of
the poisonous tree doctrine.
Many wrongful convictions based on faulty eyewitness testimony have been overturned
because of the increased use of ____________ evidence.
In _____ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of
hypnotically refreshed testimony.