True / False
1. Officers can lawfully make warrantless searches of premises if incident to an arrest.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
2. There is a “murder scene exception” to the warrant requirement.
a.
True
b.
False
False
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
3. The “hot–pursuit” exception to the warrant requirement does not apply to homes.
a.
True
b.
False
False
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
4. Exigent circumstances exist when there is some sort of emergency.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
5. In Schmerber v. California, the U.S. Supreme Court approved the hot-pursuit exception.
a.
True
b.
False
False
CEPC.GARD.16.16.1
6. If a police officer has been murdered at the scene, police may lawfully search the scene for up to four days
before obtaining a warrant.
a.
True
b.
False
False
CEPC.GARD.16.16.1
7. The courts have held that protective sweeps are not a violation of the Fourth Amendment.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
8. Fingerprint evidence cannot pass the Daubert test.
a.
True
b.
False
9. Scent evidence may be used to gain a conviction of a suspect.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
10. An FBI study discussed in United States v. Sanchez-Birruetta found that in a comparison of 250,000 rolled
fingerprints, not one false-positive identification was made.
a.
True
b.
False
11. Fingerprints are used less and less as other forms of identification are both plentiful and accurate.
a.
True
b.
False
12. In drug cases, the chain of custody does not have to be established.
a.
True
b.
False
False
The Chain of Custody Requirement
CEPC.GARD.16.16.3
13. Fingerprint evidence is circumstantial evidence rather than direct evidence.
a.
True
b.
False
14. It is relatively easy for fingerprint experts to determine the age of a latent print.
a.
True
b.
False
15. It is relatively easy to determine the sex of the person who left a latent print.
a.
True
b.
False
16. Proof of chain of custody is required for admissibility of DNA evidence.
a.
True
b.
False
True
The Chain of Custody Requirement
CEPC.GARD.16.16.3
17. To raise the issues of illegal search and seizure, the defendant must have standing.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.2
18. It can be determined by fingerprint analysis if a person has touched drugs.
a.
True
b.
False
19. Protective sweeps were approved by the U.S. Supreme Court in Maryland v. Buie.
a.
True
b.
False
True
Obtaining Evidence from a Crime Scene
CEPC.GARD.16.16.1
20. If police arrive at the scene and detect a murder, they may make a quick sweep through the building to see if
the offenders could be hiding there.
a.
True
b.
False
Obtaining Evidence from a Crime Scene
Multiple Choice
21. If police lawfully enter premises during some emergency and have probable cause to seize the item,
incriminating items may be admissible under the _____ exception to the warrant requirement.
a.
plain view
b.
consent
c.
inculpatory evidence
d.
automobile
CEPC.GARD.16.16.1
22. If police are chasing a suspect and enter a residence to attempt to apprehend the suspect, the _____
exception to the warrant requirement may apply.
a.
emergency circumstances
b.
implied consent
c.
hot-pursuit
d.
inculpatory evidence
CEPC.GARD.16.16.1
23. A defendant must have _____ to legally challenge the admissibility of evidence under the Fourth
Amendment.
a.
taciturnity
b.
standing
c.
compulsion
d.
implied consent
CEPC.GARD.16.16.2
24. For many types of evidence to be admissible, the prosecution must prove the chain of _____.
a.
possession
b.
concurrence
c.
fools
d.
custody
The Chain of Custody Requirement
25. Law enforcement officers may stay in a crime scene for a _____ period of time to perform whatever tasks
they are obligated to do.
a.
subjective
b.
minimal
c.
reasonable
d.
objective
26. To have standing to contest the search of a place under the Fourth Amendment, the defendant must have had
a(n) _____.
a.
right to be on the premises
b.
invitation from the owner to be on the premises
c.
reasonable expectation of privacy in the place searched
d.
possessory right to the items seized during the search
27. The Court held that law enforcement officers may make “warrantless entries and searches when they
reasonably believe that a person within is in need of _____ aid”
a.
preventative
b.
minor
c.
serious
d.
immediate
28. The term _____ is used to describe minute or microscopic pieces of evidence.
a.
invisible
b.
latent
c.
subjective
d.
trace
29. Bite marks are most often used as evidence _____ cases.
a.
homicide
b.
assault
c.
kidnapping
d.
robbery
30. Proof of chain of custody of evidence is not required in most _____ cases.
a.
sexual assault
b.
drug
c.
drug paraphernalia
d.
theft and shoplifting
31. All arrest and search warrants require, at a minimum, _____.
a.
reasonable suspicion
b.
probable cause
c.
clear and convincing evidence
d.
proof beyond a reasonable doubt
32. It is an exception to the warrant requirement if police have, at a minimum, _____ to believe that evidence
will be destroyed before they can obtain a warrant.
a.
reasonable suspicion
b.
an anonymous tip that leads them
c.
probable cause
d.
a mere suspicion
33. The Supreme Court held in _____ that tire tracks could be used as evidence if there was no violation of the
privacy right.
a.
Richards
b.
Marsh
c.
Biggers
d.
Cardwell
34. In Maryland v. _____, the Supreme Court approved of protective sweeps on reasonable suspicion for officer
protection while making an arrest or search.
a.
McCullough
b.
Buie
c.
Cochran
d.
Davis
35. The Supreme Court, in _____, upheld the conviction based on footprint/shoeprint evidence.
a.
Jells
b.
Henry
c.
Knotts
d.
McIver
36. _____ 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
37. The _____ of a search made at a crime scene is a factor in determining the reasonableness of the search.
a.
purpose
b.
intrusiveness
c.
duration
d.
thoroughness
38. Officers who have lawfully entered a residence may conduct a _____ of the residence if they reasonably
believe that a person posing a threat to the police is on the premises.
a.
inclusive search
b.
minimal search
c.
protective sweep
d.
basic inventory
39. A(n) _____ exists if law officers have no time to obtain a search warrant and have probable cause to believe
that evidence will be destroyed or moved to an unknown place.
a.
quandry
b.
probable cause
c.
emergency
d.
exigency
40. The term _____ is used to describe minute or microscopic pieces of evidence.
a.
invisible
b.
latent
c.
largesse
d.
trace
Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard what sounded like
screams coming from the home. After receiving no response when they knocked on the front door, two police
officers pushed in the door and found a young man bleeding from a knife wound. After they called for an
ambulance, one of the officers proceeded to search the home to find out if there were any other victims or if the
assailant was in the home. After 20 minutes, the ambulance arrived and the police officer had completed her
search of the home without finding additional victims or the assailant. During her search, she did see illegal
drugs in plain view in one of the bedrooms. The crime scene investigations unit responded, taking photographs
of the area of the knife attack, collecting blood samples, as well as fingerprints from the immediate area.
Investigation revealed that the victim, now in a coma, was the owner of the home and lived alone. After
evidence had been collected at the crime scene, the police remained on-site for several days looking through
closets and dresser drawers. They found a bloody knife on the fourth day. The following week, a known burglar
was apprehended, trying to pawn property that turns out to be the property of the knife assault victim.
41. The drugs found during the initial search by the responding police officer
a.
are inadmissible since the officer was trying to locate victims or the assailant, not illegal drugs.
b.
are admissible since the officer had a legal right to be present after entering the home in an
emergency situation.
c.
are admissible only if the officer is able to secure a search warrant after the fact.
d.
are admissible only if they can be traced back to the assailant.
42. The seizure of the knife as evidence
a.
requires a search warrant.
b.
may require the testimony of the responding officer to establish chain of custody.
c.
requires consent of the homeowner.
d.
can only be done by the responding officer.
43. The burglar is challenging the admissibility of the knife at trial. What is the likely outcome?
a.
The burglar will be successful since the police should have sought a warrant to remain on the
premises so long.
b.
The burglar will only succeed if he admits guilt to the underlying crime.
c.
The burglar has standing to make this objection.
d.
The burglar will not succeed in this challenge.
Case 16.2
A crime scene was established at a motel where an individual had been assaulted with a shovel. Even though
there were no fingerprints or blood evidence on the shovel, it was taken into evidence as the assault weapon.
Unfortunately, only a few of the people who had possession of the evidence signed the evidence tag so there
was a gap in the chain of custody.
44. Generally, evidence from a crime scene that is relevant to prove guilt or innocence
a.
requires all persons who had possession of the evidence be available to appear as witnesses testify the
evidence has not been tampered with.
b.
requires proof beyond a reasonable doubt that the evidence was not tampered with.
c.
must have an evidence tag.
d.
requires the defendant to prove the evidence is genuine and authentic.
45. The shovel in this case
a.
requires proof to show a reasonable probability that the evidence was not tampered with.
b.
may not require a chain of custody at all.
c.
must have an evidence tag.
d.
is admissible only if it belonged to the accused.
Case 16.3
The murder weapon has finally been recovered in Detective Smith’s case. The deceased had been shot and shell
casings found at the scene matched a .457 Magnum located today in an alley near the crime scene. Forensics
has confirmed that the shell casings found at the crime scene were fired from this handgun. Fingerprints were
found on the handgun.
46. If the fingerprint evidence is challenged,
a.
the comparison of latent fingerprints rather than rolled fingerprints is better for the prosecution.
b.
expert testimony is only necessary if the FBI is involved.
c.
meeting the Daubert test should ensure the fingerprint evidence will be considered reliable and
admissible.
d.
only the chain of custody can be attacked.
47. The shell casings found at the crime scene
a.
are not subject to the chain of custody requirement.
b.
generally will not be tested for fingerprint evidence.
c.
are only admissible if fingerprints found on the casings match fingerprints on the weapon itself.
d.
must have been seized consistent with the Fourth Amendment.
Completion
48. The term “____________________ circumstances” means emergency circumstances.
exigent
49. In Mincey v. Arizona, the Supreme Court held that there is no ____________________ scene exception to
the warrant requirement.
murder
50. Police chasing a suspect into a home may be able to rely on the ____________________ exception.
hot-pursuit
51. The term “____________________” means having a legal right to raise a legal issue.
standing
52. In general, before physical evidence can be admitted, its ____________________ of custody must be
shown.
chain
53. Proof of chain of custody is usually not required in ____________________ and theft cases.
shoplifting
54. The transfer of small amounts of material from one object to another is known as ____________________
evidence.
trace
55. Minute or microscopic evidence is referred to as ____________________ evidence.
trace
56. Fingerprint evidence has been held to pass the ____________________ test adopted by the Supreme Court
for the admissibility of scientific evidence.
57. Fingerprints are ____________________ evidence of guilt.
58. In Warden v. ____________________, the U.S. Supreme Court recognized a hot-pursuit exception to the
warrant requirement.
59. In Maryland v. Buie, the Supreme Court recognized a(n) ____________________ exception to the warrant
requirement.
60. To have standing and challenge the manner in which police obtained evidence from a crime scene, a
____________________ must show that he or she had a legitimate expectation of privacy in the crime scene.
61. To use bite-mark evidence, a chain of custody must be shown and an expert witness must be used, such as a
dentist with training and experience as a forensic ____________________.
62. In the 1990 murder case of State v. ____________________, the Supreme Court of Ohio affirmed the
defendant’s conviction and permitted a lay witness (a police officer) to testify as to the similarities between the
prints and the defendant’s shoes.
Essay
63. 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.
64. 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.
65. Discuss facts of holding of the U.S. Supreme Court’s decision in Mincey v. Arizona. Do you agree or
disagree with the Court’s decision? Explain your position.
66. Discuss hot-pursuit entry into private premises. Incorporate Warden, MD. Penitentiary v. Hayden and U.S. v
Santana in your discussion. Do you agree with the court decisions? Why or why not?
67. Discuss what a trained dog can use scent evidence to perform.
68. Discuss the ways in which a person may alter a crime scene in order to obstruct officers from conducting an
investigation.
69. Discuss trace evidence and provide examples of what is commonly considered trace evidence.
70. Discuss how bite marks may be useful as evidence.