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True / False
1. No warrant is necessary to videotape events occurring in a public place.
a.
True
b.
False
2. The silent witness method is a means of authenticating a document.
a.
True
b.
False
3. Gruesome photographs of the victim’s body are never admissible.
a.
True
b.
False
4. X-rays do not differ significantly from ordinary photographs in any significant ways.
a.
True
b.
False
5. Documents may be authenticated only by direct evidence.
a.
True
b.
False
6. The ancient documents rule applies only to documents 100 years of age or older.
a.
True
b.
False
7. The best evidence rule is also known as the original document rule.
a.
True
b.
False
8. A copy of a document is never admissible, only the original is.
a.
True
b.
False
9. The Fourth Amendment does not protect against the seizure of documents.
a.
True
b.
False
10. There is no reasonable expectation of privacy in most employees’ offices.
a.
True
b.
False
11. Ordinary records held by a bank about a person’s finances (e.g. deposit slips, cancelled checks) can lawfully
be obtained by a search warrant issued to the bank.
a.
True
b.
False
12. United States v. Buchanon found that the best evidence rule did not just apply to writing.
a.
True
b.
False
13. To combat “video voyeurism,” in 2003 New York passed “Stephanie’s Law,” which makes “unlawful
surveillance” a crime.
a.
True
b.
False
LEARNING OBJECTIVES:
CEPC.GARD.16.17.1
14. Under the Fifth Amendment, a defendant is privileged from producing evidence but not from its production.
a.
True
b.
False
15. The privilege against self-incrimination applies to both written and oral statements.
a.
True
b.
False
16. The privilege against self-incrimination adheres to the suspect, not the information.
a.
True
b.
False
17. Individuals have no expectation of privacy for original checks and deposit slips.
a.
True
b.
False
18. The Fifth Amendment does not protect incriminatory documents about the crime created before the crime
was committed.
a.
True
b.
False
19. The Fifth Amendment protects only a person’s personal writings, not their business writings or documents.
a.
True
b.
False
20. The plain view or public view doctrine does not apply to documents or writings.
a.
True
b.
False
21. Videotaping events that _____ 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
22. Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place where the defendant
_____.
a.
is the owner
b.
has a belief that no videotaping is permitted
c.
is deceived by the police about videotaping in a public place
d.
has a reasonable expectation of privacy
23. Videotapes that are made when no person is present making the tape (e.g. security camera that is not
contemporaneously monitored) can be admitted through use of the _____ witness method.
a.
silent
b.
absent
c.
remote
d.
conspicuous
24. _____ photographs of the victim’s body can inflame and prejudice the judge or jury.
a.
Contemporaneous
b.
Accurate
c.
Complete
d.
Gruesome
25. The party seeking to have a writing or document admitted must show that it is genuine or _____.
a.
complicit
b.
exculpatory
c.
authentic
d.
replicable
26. Under the ancient documents rule in federal and some state courts, the document must be at least _____
years old.
a.
10
b.
20
c.
30
d.
40
27. The general rule that only the original of a document (and not a copy) is admissible is called the _____ rule.
a.
best evidence
b.
primary evidence
c.
con compos mentos
d.
res ipsa loquitur
28. The Fourth Amendment does not apply if police are lawfully in a place and see a document in _____ view.
a.
surreptitious or secret
b.
covert or concealed
c.
occluded or precluded
d.
plain or public
29. If the government forced a person to create or produce an incriminating document, it would violate the
_____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Seventh
30. Police have a valid search warrant and seize a defendant’s incriminating business records. This procedure
_____.
a.
violates the privilege against self-incrimination
b.
violates the confrontation clause
c.
does not violate the Fifth Amendment
d.
violates the Fifth Amendment only if the records are handwritten
31. The U.S. Supreme Court has stated that the privilege against self-incrimination adheres to the _____ and not
to the information.
a.
person
b.
prosecution
c.
victim
d.
witness
32. A court order requiring that a defendant submit a handwriting sample _____.
a.
violates the privilege against self-incrimination
b.
violates the Fourth Amendment
c.
violates the Sixth Amendment
d.
generally violates no constitutional rights
33. Supreme Court Justice Holmes wrote that a person “is privileged from producing the evidence, but not from
its _____.”
a.
production
b.
warrantless seizure
c.
theft
d.
transposition
34. The government cannot force a suspect to produce a document that _____ the suspect.
a.
vindicates
b.
incriminates
c.
frames
d.
excuses
35. The _____ Amendment protects persons from being forced to produce and authenticate any documents that
are incriminating.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
36. Generally, a piece of written or printed matter that conveys a message is a _____.
a.
conveyance
b.
document
c.
transmission
d.
declaration
37. Photographs and videotapes are demonstrative _____ because they portray (demonstrate) objects, persons, or
events not in the courtroom.
a.
hearsay
b.
articles
c.
facts
d.
evidence
38. As a general rule, a search warrant is _____ necessary to search a public employee's workplace (desk, files,
and so on) to investigate work-related misconduct.
a.
not
b.
always
c.
sometimes
d.
federally
39. When photographs taken by a police officer are offered as evidence, the officer must establish a proper
_____ for the photograph.
a.
foundation
b.
basis
c.
rationale
d.
authorization
40. The majority of documents and writings introduced for use as evidence in criminal trials are proven
authentic and genuine by _____ evidence or by the contents of the document or writing itself.
a.
circumstantial
b.
real
c.
direct
d.
presumptive
Case 17.1
Shelbyville city police heard rumors that Jack and his brother John were involved in illegal sports betting. To
avoid the police, the brothers supposedly moved from location to location and operated an active betting office
with several employees, generally from hotel rooms. The police received a call from a disgruntled bettor that
the mobile betting parlor would be set up next Wednesday. The cooperative bettor agreed to allow police
officers to install hidden microphones and video cameras in his home, and promised to offer Jack and John the
use his of home in exchange for a break on his gambling debt. John also had a legitimate job at a local carwash
and the surveillance technicians snuck into the carwash to plant an additional microphone in his private office to
try and confirm details of the betting operation. As it turned out, John did not talk about his gambling job at the
carwash, though several of the other employees did use his office when he was out to talk about how they were
embezzling money from the business. As it turned out, Jack and John did set up the gambling parlor at the
house. Over the next several days, Jack and John conducted illegal betting operations that were recorded both
with the microphone and with the video camera. Both men were arrested for violation of state law, which
prohibited such gambling operations. Julie and Deborah were also arrested for embezzlement at the carwash the
same day based on their incriminating statements in John’s office. Additionally, the industrious surveillance
technicians also filmed Maggie entering and leaving the house in which the gambling parlor had been set up
from their surveillance van in the street. She was arrested for illegal gambling.
41. Jack and John feel a special confidential relationship with their clients and have demanded these recordings
be thrown out as violations of their constitutional rights. The videotape and microphone recordings made at the
house are:
a.
inadmissible since the Shelbyville police neglected to secure a warrant.
b.
admissible because the brothers should have been more careful.
c.
inadmissible as the gambling activity did not occur in public view.
d.
admissible and the brothers have no standing to object.
42. Maggie also objects to her arrest since she did not consent to being videotaped. This evidence is:
a.
inadmissible since the police did not secure a search warrant.
b.
only inadmissible because Maggie did not consent to be videotaped.
c.
admissible since Maggie was videotaped in a public area.
d.
admissible only if the homeowner consented to the van being parked nearby.
43. Julie and Deborah are also not happy about losing their job at the carwash or being charged with
embezzlement. If they challenge admissibility of the surveillance evidence,
a.
they will succeed since the police did not secure a search warrant.
b.
the evidence will be admitted since the recordings did not take place at their homes.
c.
the evidence will be admitted because employees have no reasonable expectation of privacy at the
workplace.
d.
they will succeed since embezzlement is not considered workplace-related misconduct at a carwash.
Case 17.2
Andy works at the local convenience store, which has video cameras installed in the main area of the store and
the back parking lot for security purposes. Andy does not realize that there are also several video cameras
installed in the break room. On one particular Saturday, Andy waits until no one is in the break room and goes
there to count the money he has stolen from the cash register. He scrupulously logs the amount of money in a
notebook and hides the notebook behind the microwave in the break room. Later that day, Andy goes out back
to the parking lot for a smoke and sees several young hooligans vandalizing a car parked behind the
convenience store. Andy shouts at them and the young women run away. After Andy calls the police about the
damaged Yugo, he tells the police there is a camera covering the back lot that may have captured images of the
women damaging the car. When the police review the videotapes for that day, they do get clear images of the
vandals, but, to Andy’s surprise, they also see him counting money in the break room. Andy is arrested for
embezzlement and the Sweeney girls are arrested for vandalism.
44. The videotape evidence against Andy
a.
likely inadmissible since he was not aware the camera was recording him.
b.
probably admissible since the convenience store is open to the public.
c.
admissible only if the owner of the convenience store consents.
d.
likely inadmissible since it recorded activities in an employee break room.
45. If the videotape of Andy is determined to be admissible, the notebook will
a.
not be admissible since it is redundant and cumulative evidence.
b.
be admissible if shown to be genuine and authentic.
c.
be admissible unless Andy objects.
d.
be considered business records outside the Fourth Amendment.
46. The Sweeney sisters are insisting their actions were art, not vandalism. In any case, they assert that the
videotape is not even admissible against them. The videotape
a.
can be used against the Sweeney sisters.
b.
will only be admissible if there is a posted warning in the parking lot that activities are being taped.
c.
does not require a proper foundation as in State v. Sibley.
d.
can be considered business records outside the Fourth Amendment.
Case 17.3
Jane is the prosecutor in a death penalty case and is sitting in her office reviewing the evidence. There is
fingerprint evidence on the murder weapon (a kitchen knife) matching those of the victim’s former girlfriend,
Abigail. There is also videotape at the entrance to the apartment complex showing Abigail entering and leaving
the apartment building on the night of the murder. The crime scene investigation team also took photographs of
the victim to establish where he had been killed, the location of the murder weapon near the body, as well as the
nature of the wounds that led to the victim’s death. The photographs of the victim show the ferocity of the
attack and can establish that Abigail had every intention to kill her former boyfriend.
47. If Jane seeks to introduce these photographs into evidence,
a.
the defense must agree.
b.
an expert must testify about the camera used to take the pictures.
c.
the photographer should testify that the photographs accurately and fairly illustrate the crime scene.
d.
will not be admitted without proof of chain of custody of the photographs.
48. The defense attorney objects to introduction of any of the photographs since they are quite graphic and he is
afraid the jury will be prejudiced against his client for that reason alone.
a.
This is not a valid objection to photographic evidence.
b.
The prosecutor has a great deal of discretion in determining whether such graphic photos are needed
and how many photos may be shown.
c.
The defense can prevail only if there are more than 25 pictures.
d.
The judge can require the prosecutor to use less offensive photographs if the inflammatory potential
is excessive or repetitious.
Completion
49. To have protection against government videotaping, the suspect must have a ____________________
expectation of privacy in the place where the taping is occurring.
50. Like maps and diagrams, photographs and videotapes are forms of ____________________ evidence.
51. The silent witness method is used to authenticate ____________________ evidence.
52. ____________________ evidence is often important in civil personal injury trials.
53. Under the ancient documents rule, the document must be at least ____________________ years old.
54. The best evidence rule is also known as the ____________________ document rule.
55. The ____________________ Amendment contains a privilege against self-incrimination.
56. The ____________________ witness method is sometimes used to authenticate videotapes.
57. In general, ____________________ kept records of businesses; government, etc. are presumed to be
authentic.
58. The Fourth Amendment does not protect documents in public or ____________________ view.
59. Thousands of people carry ____________________ equipped as cameras.
60. Perhaps the most famous film in American history is the Zapruder film of the assassination of President
____________________.
61. Videotaping may be conducted in places where the people being filmed do not have a
____________________ expectation of privacy.
62. Photographs and videotapes are ____________________ evidence because they portray objects, persons, or
events not in the courtroom.
63. 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.
64. Discuss the law on the admissibility of gruesome photographs of the bodies of murder victims at the murder
trial. Be sure to provide examples
65. Discuss four methods of authenticating a document or writing. Provide examples of each.
66. Discuss, describe, compare, and contrast the protections of the Fourth and Fifth Amendments with regard to
documents. Be sure to provide examples.
67. Discuss the use of videotapes and other electronic devices as evidence. Do you believe (as the courts have
upheld) that video surveillance should be used in an employee’s office? Why or why not? What are the current
restrictions? How would you change these? Or would you?
68. A witness may identify a photograph by testimony showing any one or more of the following:
69. How are x-ray films—radiographs, roentgenograms, and skiagrams different from ordinary photographs?:
70. The following types of circumstantial evidence may be used to show that documents are authentic and
genuine.
71. Describe the plain view and public view doctrines in relation to the police and documents.
