The Confrontation Clause does not apply to _____ out-of-court statements.
a. co-conspirators
b. non-testimonial
c. regularly kept records
d. child victims of abuse
Judicial notice is permitted _____.
a. in all jurisdictions except the federal courts
b. in the federal courts but not state courts
c. in a majority of jurisdictions
d. in all jurisdictions
Case 1.1
Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle
stop the officer determines that Bob had been drinking. He is arrested for DWI.
Secondary to the arrest, the officer searches Bob and finds a significant amount heroin
on Bob’s person. Bob is additionally charged with possession and distribution of heroin.
What is the level of proof needed for the officer to arrest Bob in the first place?
a. an anonymous accusation that Bob has committed a crime
b. probable cause or “reasonable grounds to believe”
c. a preponderance of evidence.
d. the officer’s mere suspicion that Bob might be doing something wrong
An informant’s privilege is not a(n) _____ 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
Case 10.2
Police respond to a 911 call from a female caller reporting a domestic violence incident.
The victim/caller meets the responding officers at the door and invites them inside her
home. Once inside, the officers observe evidence of a physical altercation with broken
furniture. The victim reports that her boyfriend, with whom she lives, left after
slamming her into the wall and threatening to kill her. The victim reports that every
time her boyfriend gets wasted, he gets violent. She then tells the police that he left his
bag of drugs on their bed and she wants them and her boy friend out of the house. The
victim leads the police to bedroom and points to clear plastic with what appears to
contain methamphetamine. Police seize the drugs. The victim requests and receives a
temporary restraining order against the boyfriend. The boyfriend is subsequently
arrested and charged with assault and terroristic threats along with possession of
methamphetamine.
Prior to trial the defense attempts to suppress the seizure of the drugs. Was the seizure
of the drugs police subject to the exclusionary rule?
a. Yes, because the search was conducted without a search warrant.
b. Yes, because the officers entered the house without defendant’s consent.
c. No, because of the domestic violence exception.
d. No, because the victim has “common authority” over the area searched.
To be admissible as evidence, confessions and statements must be made _____ and
freely.
a. faithfully
b. voluntarily
c. accusatorially
d. prejudicially
The automobile exception to the warrant requirement requires, at a minimum, _____.
a. reasonable suspicion
b. probable cause
c. a valid checkpoint
d. clear and convincing evidence
Case 2.3
Police respond to the scene of shooting outside a local bar. The scene is chaotic with
ambulance personnel attending to a nonresponsive shooting victim. In the course of
rendering aid to the victim, the victim and the victim’s clothing were removed from the
scene. The victim’s clothing and personal effects are collected by an emergency room
nurse at the hospital. The investigating officer responds to the hospital and takes
custody of the victim’s personal effects. A suspect is identified and charged with the
murder of the victim. At trial, it is determined that some of the victim’s personal effects
of evidentiary value were misplaced by hospital personnel. During the trial the
prosecution uses a cell mate of the defendant as a witness. Under oath the witness
claims that the defendant admitted to murdering the victim.
Which constitutional rights could the defense attorney cite with regard to violations of
due process, if it is later discovered that the witness had lied to get a deal of charges he
was currently facing?
a. First and Tenth Amendments
b. First and Second Amendments
c. Fifth and Fourteenth Amendments
d. Fourth and Seventh Amendments
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.
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.
Evidence obtained as a result of the administrative _____ of government agencies is
admissible if performed within the guidelines established by law.
a. functions
b. mandates
c. routines
d. omissions
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
The Fourth Amendment exclusionary rule applies in probation and parole revocation
proceedings.
a. True
b. False
One reason misidentification happens is because we do not record everything we see in
our brains.
a. True
b. False
Confrontational telephone calls by witnesses or victims to assist the police should be
conducted before charges are filed.
a. True
b. False
If a defendant does not testify at trial, the jury may validly use this as circumstantial
evidence of guilt.
a. True
b. False
Case 7.1
While shoplifting five laptops from an electronics store in the mall, the actors Jack and
Diane are confronted by the store manager. Jack brutally assaults the store manager as
Diane looks on. They leave the manager unconscious on the floor of the store. Passing
shoppers alert mall security officers who chase the two into the mall parking lot. Police
are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and
stop the vehicle. Mall security provides physical and clothing description of the two
suspects and the pickup truck.
Police pursue the pickup through several residential streets. During the pursuit several
items appearing to laptops are thrown from the passenger window of the truck. The
locations are reported via radio for other units to collect the evidence.
The fleeing pickup blows several red lights causing minor accidents. The pursuing
police units temporarily lose sight of the pickup. Within minutes the pickup is found in
an alleyway crashed into a retaining wall behind 427 Oak Street. The pickup is
unoccupied with the keys still in the ignition. The license plates on the vehicle are
stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found
in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is
approximately 1 mile away.
While patrol searches for the suspects, detectives respond to the Bower residence and
find no one home. They speak with the building manager who reports seeing Mr. Bower
and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns
a small red pickup. The detectives notice surveillance cameras on the apartment
complex and ask the manager to view and copy the video from that day. Caught on
video are Brower and girlfriend apparently changing the license plates on the pickup
and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle
identification number on the pickup is registered to Jack Bower with different license
plates.
Jack and Diane are located by patrol three blocks from the pickup hiding behind two
dumpsters.
Jack’s shirt is torn and bloody. He has bruises and blood on his hands. Both claim that
they were carjacked two hours prior and had been walking toward the police station.
The two are arrested.
A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and
cell phone in Jack’s pockets. A large, aluminum-lined handbag (commonly called a
boosting bag) with several boxed cell phones and 2 bags of heroin are found in Diane’s
possession.
Detectives respond to the hospital where the store manager is being treated for serious
injuries, including a skull fracture and damage to his eye socket and jaw. The injuries
are photographed and documented.
Detectives also retrieve surveillance video from the store and mall for evidence. The
two suspects are charged with robbery, eluding, destruction of evidence, possession of a
controlled dangerous substance, and possession of drug paraphernalia as well as
possession of burglary tools.
At trial, the arresting officer testifies that Diane stated the store manager wasn’t moving
when they left and asked the officer if he died. The defense objects to the introduction
of the testimony on the grounds that _____.
a. Diane’s original statement was not an assertive statement
b. the accuracy of the officer’s statement cannot be tested
c. the co-conspirator rule does not permit such testimony
d. statements made by a party-opponent are not admissible
Some states still have a “fresh complaint” exception to the hearsay rule.
a. True
b. False
Case 13.1
Officer Mendelson responds to a robbery call at a local music store. On arrival, the
store owner and five witnesses say a young man grabbed an arm full of classical records
and just ran down the street. Mendelson runs out of the store and sees a young man
disappear around the corner. He catches up with him and tackles him to the ground.
Mendelson had seen classical records on the ground earlier, but did not see the young
man holding or dropping these records. There were no other people on the street at the
time, except an older woman with a cane. The police officer decides it is too much of a
hassle to bring the young man down to the station for a formal lineup and decides to
bring him back to the store to see if anyone can recognize him. Sure enough, the owner
identifies him as the robber, as do the other five witnesses, one after another. Mendelson
arrests the man and he is promptly charged with robbery.
At trial, the young man’s attorney asserts that the showup was improper. On what basis
might the attorney succeed?
a. The young man was not in possession of the classical records.
b. Showups are always highly suggestive.
c. Some witnesses might have identified him only because the first witnesses did.
d. Mendelson did not ask the other witnesses to identify the robber before the showup
took place.
The Confrontation Clause is found within the _____ Amendment.
a. Third
b. Fourth
c. Sixth
d. Seventh.
A Terry stop is a brief, investigative detention that falls short of an arrest.
a. True
b. False
Case 3.2
Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local
highway. Sam is 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 handgun in the glove box. He
notifies his partner and Sam is immediately removed from the car and placed under
arrest. As the cover officer is securing the handgun she notices a scale, numerous empty
clear plastic bags, and two partially filled clear plastic bags containing a white powdery
substance on the floor just below the glove box.
While retrieving the gun, the officer notes a very strong odor of unburnt marijuana
which appear to be coming from the rear of the car. The officer concludes that odor
must be coming from the trunk, as there are no bags or container in plain view within
the passenger compartment. They search the trunk and find two pounds of raw
marijuana. The arrest and search are captured on the patrol unit dash camera system.
Sam Appleton is charged with unlawful possession of a weapon, possession of a control
dangerous substance (cocaine), possession with the intent to distribute, and possession
of drug paraphernalia.
Prior to trial, Sam’s defense attorney challenges the admissibility of the evidence,
claiming that the initial search of the truck was in violation of the Fourth Amendment.
This challenge is referred to as a(n) _____.
a. competency hearing
b. affirmative defense
c. writ of habeas corpus
d. motion to suppress
A guilty plea where the defendant reserves certain rights (such as the right to appeal a
legal issue) is termed a(n) _____ plea.
One of the purposes of the right to a jury trial is to protect people against overzealous
prosecutors and biased judges.
a. True
b. False
The Supreme Court, in _____, upheld the conviction based on footprint/shoeprint
evidence.
a. Jells
b. Henry
c. Knotts
d. McIver
Case 11.1
Janet is a successful Colorado entrepreneur and has recently decided to open a
recreational marijuana sales business in Denver, “High and Mighty.” The state and
county require operators of such businesses to acquire a license, hold a public meeting
coordinated with the local and state license board, and other special procedures for this
new and highly regulated enterprise. One holiday weekend, Detective Jones stops in
and informs Janet that he is conducting a surprise inspection of the business to
determine if Janet is complying with state record-keeping laws and other rules ensuring
that minors are not being permitted to purchase the recreational marijuana. Janet has
never been the subject of such a search and is concerned the detective’s presence will
scare away customers. There are 20 customers in line, waiting to purchase recreational
marijuana. Detective Jones enters the store over Janet’s objection and despite her
request that he produce a search warrant. He enters her office and reviews her
paperwork relevant to state record-keeping laws. He notes several irregularities and
documents them. When Detective Jones returns to the sales area, he finds that Janet and
her staff have continued to serve customers while he was in the office. Detective Jones
checks the ID of several people who have made purchases and finds that two of them
are under age under state law to purchase marijuana. While Detective Jones is checking
IDs, one of the patrons (Bobby) waiting to buy marijuana says, “Man, I can”t believe
this guy is giving us such a hard time. What a bummer!” Detective Jones directs this
man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones
arrests Bobby for possession of cocaine, cites Janet for violating state law for poor
record-keeping and charges her with providing marijuana to underage patrons.
If Bobby challenges his arrest, will he succeed?
a. No, he was present during a lawful administrative search under New York v. Burger.
b. Yes, Detective Jones was conducting an illegal administrative search of “High and
Mighty.”
c. No, Bobby had no reasonable expectation of privacy in his pockets.
d. Yes, the search of his person was not supported by probable cause, a search warrant
or consent.
It is relatively easy to determine the sex of the person who left a latent print.
a. True
b. False
Police interrogations can produce both testimonial and non-testimonial evidence.
a. True
b. False
The U.S. Supreme Court held that the probable cause standard is related to criminal
investigations.
a. True
b. False
The Frye test is sometimes known as the general acceptance test.
a. True
b. False
The American system of justice is basically an adversary system.
a. True
b. False
While incarcerated, prison and jail inmates have reduced Fourth Amendment protection
as compared to those of persons outside the institution.
a. True
b. False
If a defendant refuses to enter a plea, the court will enter a plea of _____.
a. not guilty
b. guilty
c. no contest
d. not guilty by reason of insanity
Discuss trace evidence and provide examples of what is commonly considered trace
evidence.
In U.S.v._____, the U.S. Supreme Court recognized a good faith exception to the
exclusionary rule in a defective warrant case.
A search conducted pursuant to an invalid search _____ may be subject to the
exclusionary rule.
Evidence case reviews increase efficiency and lead to higher clearance rates. Discuss
why these reviews are helpful. Focus your discussion on questions about evidence that
may aid in a review, i.e., physical evidence, witnesses, suspect(s) confession(s).
Where police misconduct violates an individual right protected by the U.S.
Constitution, the applicability of an exclusionary rule (and a court’s ability to change
the rule) can depend on the constitutional right violated. Do you feel that evidence that
would be omitted due to such a violation be excluded even if the evidence would show
clear guilt or innocence? Why or why not?
Discuss four methods of authenticating a document or writing. Provide examples of
each.
The writ of _____ is a means of challenging the government’s authority to detain or
imprison people.
____________________roadblocks, which encourage people to throw drugs out of
their vehicles, have been upheld by the courts.
The U.S. ___________ has a privilege for confidential communications with top
advisors.
The Magna Carta began the development of the legal concept that there had to be _____
cause to justify arresting or holding a person in custody.
Obtaining evidence from foreign countries is done through the use of
____________________ or MLATs.
There is a hearsay exception for dying _____.
Define “hearsay” and provide an example. Be sure to explain why the example meets
the definition. (LO1, 154)
In general, before physical evidence can be admitted, its ____________________ of
custody must be shown.
In Uttecht v. Brown, the U.S. Supreme Court established principles for excusing jurors.
Identify these principles and explain each.
The transfer of small amounts of material from one object to another is known as
____________________ evidence.
Discuss the objections which attorneys may make to both questions and answers
directed to witnesses in a criminal trial.
The exclusionary rule does not apply in probation or _____ revocation proceedings.