Competent evidence is reliable, relevant evidence that _____.
a. is not excluded by additional rules of evidence
b. is subject to the exclusionary rule
c. cannot be heard by the jury
d. is offered to impeach a witness
Computers owned by the government and used by government employees have less
Fourth Amendment protection than computers in homes.
a. True
b. False
Most countries other than the U.S. utilize an inquisitorial system of justice.
a. True
b. False
Biometrics refers to the use of a biological reference system.
a. True
b. False
Defendants who testify at their criminal trial may not be cross-examined by the
prosecution.
a. True
b. False
To raise the issues of illegal search and seizure, the defendant must have standing.
a. True
b. False
Federal and state wiretapping and eavesdropping laws have exceptions for family
members who are monitoring other family members.
a. True
b. False
Under Federal rules, testimony about statements made by a person to show that the
person was mentally ill _____.
a. are hearsay and not admissible
b. are not hearsay
c. are hearsay but admissible because of their indicia of reliability
d. are excludable under Ohio v. Roberts
By using _____, “the cross-examiner intends to afford the jury a basis to infer that the
witness’ character is such that he would be less likely than the average trustworthy
citizen to be truthful in his testimony.”
a. evidence
b. convincing
c. impeachment
d. objectivity
If the government performs a search without a warrant, to justify the search, the
government must show that the search falls within one of the _____ to the warrant
requirement.
a. exceptions
b. margins
c. permissions
d. inclusions
As 40 percent of all criminal homicides go unsolved, it is critical to link the weapon
used in a crime to the person who used it.
a. True
b. False
Most states, but not the Federal Rules of Evidence, recognize a hearsay exception for
excited utterances.
a. True
b. False
If the government can satisfy the attenuation of the taint doctrine, the fruit of the
poisonous tree doctrine does not apply.
a. True
b. False
An open field is an unoccupied or undeveloped area outside of the curtilage.
a. True
b. False
The first clause of the Fourth Amendment prohibits unreasonable searches and seizures.
a. True
b. False
The ancient documents rule applies only to documents 100 years of age or older.
a. True
b. False
So-called _____ fingerprinting tests can sometimes lead to a match between the bullet
fragments and the weapon used to fire the bullet.
a. blood
b. hair
c. skin
d. ballistic
No state in the United States ever requires that the defendant reveal information or
possible defenses to the prosecution.
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 stop Walt and
Kathy in the first place?
a. mere suspicion
b. reasonable suspicion
c. probable cause
d. proof beyond a reasonable doubt
The police cannot rely on an abandonment argument if illegal police activity caused the
abandonment.
a. True
b. False
Case 9.1
Police stop Bill Stoner, a known drug dealer, for operating a vehicle with no tail lights,
after he is observed pulling away from a parking lot in a high crime area know for drug
transactions. Bill appears 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 hollow point bullets in the
glove box. She notifies her partner and Sam is immediately removed from the car and
frisked for possible weapons. The officer finds a loaded handgun in Bill’s waist band
and he placed under arrest. As the cover officer is securing the bullets, she notices Bill’s
cell phone on the front seat buzzing. She opens the phone and views multiple texts from
Donny Bosco warning Bill that “The cops are in the area get my bag of weed and coke
out of your trunk.” The officers secure Bill in the patrol car and search the trunk of
Bill’s car. In the trunk they find a large black duffle bag containing two pounds of
marijuana and two kilograms of cocaine.
Bill is transported back to headquarters and placed in an interrogation room. The
arresting officer shows the duffle bag full of drugs to Bill and tells him “you’re going
away for a long time unless you talk”. Bill is questioned about his association with
Donny Bosco and his part in the distribution of drugs. Bill completes and signs a
Miranda waiver form and then provides a videotaped confession in which he criminally
implicates Donny Bosco as the drug distribution leader. In addition to the charges
against Bill Stoner, Donny Bosco is indicted on several felony drug tracking charges.
At trial, the defense seeks to have the drugs in the trunk suppressed, claiming that the
warrantless search of the defendant’s cell phone lead to the search of the trunk and
discovery of the drugs. What options would the prosecution have to counter the
suppression of the evidence?
a. None as there are exceptions to the fruit of a poisonous tree doctrine.
b. The prosecution could counter the defense’s motion with the derivative evidence rule,
claiming that the drugs would have ultimately been discovered when police conduct the
impound inventory of the defendant’s car.
c. The prosecution could counter the defense’s motion with the inevitable discovery
rule, claiming that the drugs would have ultimately been discovered when police
conduct the impound inventory of the defendant’s car.
d. The prosecution could counter the defense’s motion with the signed Miranda waiver
form.
The right of habeas corpusis protected by the U.S. Constitution.
a. True
b. False
The term res ipsa loquitur means “the thing speaks for itself.”
a. True
b. False
The first twelve Amendments to the U.S. Constitution are called the Bill of Rights.
a. True
b. False
In U.S. v. Wade and Gilbert v. California, there were constitutional violations in the
lineup because _____
a. the lineups were unreasonably suggestive.
b. police dropped hints as to who to identify.
c. no attorney was present for the defendant.
d. there were only three suspects in the lineups.
Evidence consists of the materials presented to the trier of fact _____.
a. pursuant to presumptions
b. to convince them of the existence of a fact
c. to explain the judge’s instructions
d. to attempt to contradict inferences
The rules of evidence always apply.
a. True
b. False
Under the “forfeiture by wrongdoing” rule, a defendant who deliberately makes a
witness unavailable waives _____.
a. the right to object to hearsay with regard to that witness
b. the privilege against self-incrimination
c. the right to cross-examine any witness who presents hearsay about the unavailable
witness
d. the privilege to challenge the competence of any witness who presents hearsay about
the unavailable witness
Case 14.2
Officer Antioch is investigating a disturbance in a large apartment building. The
complainant says that the people in Apartment 103 won”t stop playing their music so
loud that the complainant can”t sleep. Officer Antioch knocks on the door of Apartment
103 and Melissa answers the door. Officer Antioch is also overwhelmed by the loudness
of the stereo system and asks Melissa to turn the stereo down. While he is standing in
the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia,
grabs a bag of white powder, and rushes towards the bathroom. Officer Antioch
believes Melissa is about to flush illegal drugs down the toilet and enters the apartment,
but Melissa closes the bathroom door behind her. Officer Antioch then hears the
distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had
happened. Officer Antioch knows that possession of the drug paraphernalia is itself a
felony, but just then Bob appears from an adjoining bedroom, grabs the drug
paraphernalia from the coffee table and sprints out of the apartment. Officer Antioch
sees Bob banging on the door of another apartment belonging to Charlie and Charlie
admits Bob. Officer Antioch barges into Charlie’s apartment and arrests Bob, who is
still holding the drug paraphernalia from Melissa’s apartment. He also arrests Melissa
for the possession of drug paraphernalia. Officer Antioch searches Bob and finds that he
also has cocaine in his front pocket.
Officer Antioch’s entry into Charlie’s apartment:
a. required him to secure a search warrant based on probable cause that a crime had
been or was being committed as Charlie is innocent of any crime and has a reasonable
expectation of privacy to his personal home.
b. is permitted since Officer Antioch was pursuing Bob.
c. required him to announce he was entering the apartment “in the name of the law.”
d. is permitted since he believed drugs would be destroyed.
Under the Federal Rules of Evidence, certain statements by co-conspirators are not
hearsay.
a. True
b. False
Case 15.3
Jack was arrested for punching Manny at a local sporting event. Jack had been drinking
and was very angry that he was arrested for something that “was really not such a big
deal.” Manny was his friend and Jack thought he would not press charges.
Unfortunately, Manny was considering pressing charges as he had to get stitches on his
face and his nose had been broken. Jack blamed Manny for “overreacting” to the
incident. Manny contacted the police when Jack started making harassing phone calls,
demanding that Manny not press charges. Jack’s wife does not approve of his behavior
and records all of his phone calls, including those to Manny. The police also ask Manny
to record his calls and he records several conversations where Jack admits assaulting
Manny.
The recordings by Jack’s wife
a. are admissible since she is a family member of Jack.
b. are admissible as an exception to the federal law prohibiting electronic surveillance
or wiretapping.
c. are inadmissible.
d. are inadmissible unless used in a civil proceeding against Jack.
The Sixth Amendment guarantees a speedy and public trial.
a. True
b. False
The legal and ethical obligation of the prosecutor is to seek _____.
Discuss using Global Positioning Systems (GPS) in evidence collection.
Public schools may randomly drug test students involved in sports or other
____________________ activities.
A defendant may be proved to be the perpetrator of the crime by direct or
______________ evidence.
The Fourth Amendment requires that warrants ____________________ describe the
places to be searched or things to be seized.
The privilege against self-incrimination applies only to testimonial or _____________
evidence.
Discuss, describe, compare, and contrast anticipatory, no-knock, and sneak-and-peak
warrants. Provide examples of each.
Means, opportunity, and _____ are frequently used as circumstantial evidence of guilt.
Discuss, describe, compare, and contrast the protections of the Fourth and Fifth
Amendments with regard to documents. Be sure to provide examples.
The Magna Carta greatly influenced the American Declaration of Independence.
Discuss, in detail, the ideals incorporated from the Magna Carta into the Declaration.
Discuss daytime and nighttime warrant executions and no-knock entries. What
problems do you believe are inherent with each? Do you agree with the courts? Why or
why not?
The system in which power is shared between state and federal governments is called
_____.
Define and discuss the concept of ‘standing.” What are the requirements for a person to
have standing to contest a Fourth Amendment search? Be sure to provide examples.
Under the ancient documents rule, the document must be at least
____________________ years old.
Discuss, define, compare, and contrast lineups, showups, and photographic displays. In
general, what are the reliability benefits and suggestiveness drawbacks of each
technique?
The U.S. Supreme has often held that “Mere police questioning does not constitute a
seizure”, Florida v. Bostick, 501 U.S. 429, 434 (1991), whether or not the officer doing
the questioning has any basis for suspecting an individual of criminal activity. If the
circumstances surrounding the knock-and-talk are such that the person does not feel
free to leave and stop answering questions, the questioning becomes “custodial” and the
person is ‘seized” under the Fourth Amendment. With that noted, what factors do you
think should be recognized as factors that should be taken into consideration when
judging whether a person should reasonably consider him/herself in “custody”? Explain
your responses.
In due process eyewitness identification cases, courts will look at the totality of the
____________.