Videotaping events which _______________ 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
Many states have a ________ privilege, meaning a journalist can refuse to disclose
sources, but must make available other information acquired through reporting
activities.
a. administrative
b. qualified
c. subjective
d. absolute
Evidence obtained in violation of Miranda is generally treated differently than evidence
obtained from other violations in that
a. the exclusionary rule does not apply to the statement obtained in violation of
Miranda.
b. statements obtained in violation of Miranda must be excluded in federal courts but
not in state courts.
c. statements obtained in violation of Miranda must be excluded in state courts but not
in federal courts.
d. the fruit of the poisonous tree doctrine does not apply to physical evidence obtained
from Miranda violations.
The requirement that only voluntary confessions be admitted grows out of the
____________ Amendment.
a. Fourth
b. Fifth
c Sixth
d. Eighth
A consent to search is a _____________ of Fourth Amendment protections.
a. contradiction
b. waiver
c. contraindication
d. subjugation
The primary justification for the exclusionary rule is
a. discouraging or deterring police misconduct.
b. ensuring judicial discretion.
c. helping innocent defendants avoid conviction.
d. helping guilty defendants avoid conviction.
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
The Fifth Amendment privilege against self-incrimination is the _____ privilege that
has been incorporated into the U.S. Constitution and many state constitutions.
a. state
b. qualified
c. primary
d. only
The Supreme Court, in ______, upheld the conviction based on footprint/shoeprint
evidence.
a. Jells
b. Henry
c. Knotts
d. McIver
In Kyllo. v. U.S., the U.S. Supreme Court held that using a thermal imaging device to
detect temperature differentials in a home
a. was a Fourth Amendment search.
b. could be conducted only upon reasonable suspicion.
c. was a Fourth Amendment seizure.
d. was not covered by the Fourth Amendment.
In jurisdictions with a psychotherapist”patient privilege, there is usually an exception
for
a. patients who are insane.
b. patients who do not really need treatment.
c. dangerous patients.
d. patients who are psychotic.
An informant’s privilege is not an ______ privilege and must give way when there is a
compelling need to protect the rights of the accused.
a. administrative
b. judicial
c. prosecutorial
d. absolute
The hearsay rule forbids only statements offered to prove the______of the matter
asserted.
a. truth
b. credibility
c. substance
d. subject
The person with actual or apparent authority would most likely be
a. driver of a car.
b. co-tenant of apartment if other tenant objects.
c. landlord of rented space.
d. motel manager.
Proof is the result of
a. evidence.
b. deductions.
c. inductions.
d. jury instructions.
No exception in federal law permits electronic surveillance or ________by one family
member on another.
a. snitching
b. eavesdropping
c. wiretapping
d. consent
The case establishing limits to identification checkpoints in public housing projects was
a. Illinois v. Lidster.
b. O”Connor v. Ortega.
c. Indianapolis v. Edmonds
d. Michigan State Police v. Stiz.
Under the ____________ rule, a conviction cannot be based solely on an
uncorroborated confession.
a. corpus delicti
b. habeas corpus
c. res ipsa loquitur
d. Bruton
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.
The Fourth Amendment requires that search warrants be
a. supported by reasonable suspicion.
b. based on probable cause.
c. approved by federal judges.
d. executed within three days of issuance.
Statements made by a ________during and in furtherance of the conspiracy are not
hearsay
a. co- conspirator
b. admissible.
c. not admissible unless the opponent objects.
d. admissible if the opponent objects.
There is no Fourth Amendment search when police view something
a. that is in open view.
b. that is incriminating.
c. plain view when its immediately apparent as evidence of a crime
d. in a place where a person has a reasonable expectation of privacy.
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.
In general, government employee supervisors may search government owned desks, file
cabinets, and computers for work-related matters
a. only with warrants.
b. only with probable cause.
c. only with reasonable suspicion.
d. at any time without any minimum amount of suspicion.
Sham roadblocks have been held to be
a. a violation of the Fourth Amendment.
b. a violation of the Fifth Amendment.
c. a violation of the Sixth Amendment.
d. constitutional.
The 1925 case of Carroll v. U.S. dealt with the ______________ exception.
a. movable vehicle
b. special needs
c. emergency
d. exigent
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. exclusions
d. inclusions
Inferences are reasonable conclusions that judges or juries
a. are required to draw.
b. may draw if they so desire.
c. cannot be used against a defendant.
d. cannot be used against the prosecution.
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
Theburden of __________requires the party with the burden to produce sufficient
evidence to persuade the fact finder that a fact exists.
a. evidence.
b. deductions.
c. persuasion
d. production
During a valid traffic stop to issue a traffic ticket, officers may not lawfully
(automatically) do all but which of the following?
a. ask to see driver’s license, registration, etc.
b. ask questions of the driver and passenger
c. seek consent to search
d. search the vehicle
The principal means courts use to guard against the risks of Hearsay are the
requirements that the witness testify under oath, which helps ensure reliability, and that
the witness be available for ___________.
a. civil proceedings
b. grand jury examination
c. polygraph examination
d. cross examination
In general, suspects do not have a right to privacy for their conversations that take place
in police cars or jails.
The attorney”client privilege was not recognized at common law.
What are non-verbal acts in relation to the exception for Hearsay? Provide an example
of both assertive and non-assertive behaviors.
DNA genetic profiling has received such wide acceptance among criminal justice
professionals that it is frequently called________fingerprinting.
There is an exception to the psychotherapist”patient privilege for ____________
patients.
X-ray films, videotapes, and motion pictures are introduced into evidence on the same
basis and principles as still photographs. X-ray filmsradiographs, roentgenograms, and
skiagramsare different from ordinary photographs in the following respects:
Voice graphs made on a spectrograph analyzes voice recordings based on intensity,
frequency and time gaps.
The __________witness method is sometimes used to authenticate videotapes.
Closely _____________ businesses have less Fourth Amendment protection than other
businesses.
The privilege against self-incrimination applies to handwriting and speech exemplars.
Among the most infamous trials in English history were the Star Chamber trials of the
1500s and 1600s.
Administrative searches and functions have been defined as those that are related to
special need of government and the community.
The U.S. Supreme Court has concluded that the inevitable discovery exception has the
same basic justification as the independent _____________ rule.
Discuss trace evidence and provide examples of what is commonly considered trace
evidence.
The fruit of the poisonous tree doctrine is also known as the ___________ evidence
rule.
The definition of hearsay refers to a statement other than one made by the
____________ while testifying at the trial.
The sequential lineup is no different than a simultaneous lineup.