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 their application.
Documents may be authenticated only by direct evidence.
Because of their liberal use of hearsay against criminal defendants, the English
____________ trials have become infamous.
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.
Requiring convicted felons to give blood samples for DNA databases violates the
Fourth Amendment.
People have the same degree of protection under the Fourth Amendment in their home
as they do in their automobile.
In some cases, court may take ________________ of the validity of underlying
scientific theories and techniques.
To continue monitoring the calls of suspects who frequently change phones, federal law
authorizes the use of ____________ wiretaps.
____________ fields have less Fourth Amendment protection than the home.
Define “hearsay” and provide an example. Be sure to explain why the example meets
the definition. (LO1, 154)
The rule against hearsay and the ____________ Amendment confrontation clause
address similar problems.
If the purpose of a nonverbal act is to communicate, and the communication is
___________, it is then hearsay.
There is a hearsay exception for regularly kept businesses ____________.
The transfer of small amounts of material from one object to another is known as
__________ evidence.
The Miranda rule does not include safeguards before obtaining confessions or other
incriminating statements.