Under the Fourth Amendment, when executing a search warrant, police are authorized
to use reasonable force if necessary to detain the occupants while the search is going
on.
a. True
b. False
Non-verbal acts (such as a nod of the head) can never be hearsay.
a. True
b. False
Case 8.3
Police investigate a reported sexual assault of a ten year old female. Police were alerted
by a school nurse who noticed bruises on her thighs after the child came to her office
complaining of lower abdominal pain. The child was interviewed by a sexual assault
nurse examiner (SANE) who asked questions about the assault not to gather evidence
but to help the nurse examine and treat the child appropriately. The nurse also
performed a rape kit and collected samples for DNA analysis. The child identified a
neighborhood handyman as the perpetrator.
The accused, Chester Mayhem, had recently worked on the victim’s home where he
befriended the victim. Mayhem reportedly had sexually assaulted the child on four
separate occasions. The child was reluctant to report the assaults as Mayhem threatened
to kill her family if she said anything.
The subsequent investigation matched Mayhem’s DNA to three other unsolved sexual
assault cases. Mayhems is arrested and charged with multiple counts of aggravated
sexual assault.
The Supreme Court has ruled that for a child’s out-of-court statement to be admissible,
the child’s truthfulness must be ‘so clear from the surrounding circumstances that the
test of cross-examination would be of marginal utility. Which matters have been found
to “properly relate to whether hearsay statements made by a child witness in child
sexual abuse cases are reliable?
a. spontaneity and consistent repetition
b. the child’s age
c. whether the child is male or female
d. the child’s race and ethnicity
In general, cases with significant evidentiary problems are likely to be weeded out.
a. True
b. False
In most jurisdictions, a defendant who is charged with a misdemeanor has a right to
both a preliminary hearing and grand jury review.
a. True
b. False
Case 18.2
The police have been called by a hiker who discovered two bodies deep in the woods.
Upon arrival, the police secured the crime scene, interviewed the hiker, and took
photographs of the bodies. The crime scene investigator is not sure how long the bodies
have been in the woods, though he estimates they have been here for at least several
weeks. Photographs taken of the faces so far have yielded no positive identification. In
addition, no missing persons report matched the photographs.
The coroner has noted that both victims appear to have suffered trauma to the skull
inflicted by a blunt instrument. A hammer was found near the two bodies. What is likely
to occur next?
a. Ballistic fingerprinting may help establish the hammer was used to kill the two
victims.
b. DNA evidence will be instrumental in establishing the match.
c. Fracture matching may be used if the judge finds the theory is generally accepted in
the scientific community.
d. Only the coroner will be permitted to testify about this evidence.
There is a hearsay exception for learned treatises that are established, reliable sources.
a. True
b. False
Case 4.1
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, 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, however, 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 Jack and
Diane 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 and a large,
aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell
phones and two bags of heroin in Diane’s possession.
Detectives respond to the hospital where the store manager is being treated for serious
injuries to his head and body. It is reported that the manager has a skull fracture,
damage to his eye socket, and a broken jaw. The injuries are photographed and
documented.
Detectives also retrieve surveillance video from the store and from the mall for
evidence. The two suspects are charged with robbery, eluding, destruction of evidence,
possession of controlled dangerous substance, and possession of drug paraphernalia,
and possession of burglary tools.
The heroin found subsequent to the arrest of Jack and Diane would be considered
_____ evidence.
a. circumstantial
b. direct
c. exculpatory
d. indirect
The marital privilege _____.
a. was not recognized at common law
b. is not recognized in federal courts
c. is recognized in about half the states
d. is recognized in all jurisdictions
In general, a person’s computer has the least Fourth Amendment protection _____.
a. if it is a government owned computer in a government workplace
b. if the computer is used for commercial purposes
c. if the computer is portable
d. if the computer is used in a movable vehicle
The general rule is that, when executing warrants, officers must knock, announce, and
wait a reasonable amount of time before making a forcible entry.
a. True
b. False
For purposes of a legitimate lineup, witnesses should be separated and interviewed
alone.
a. True
b. False
If a party believes that a question posed by the opponent is improper, that party must
make a(n) _____ to that question.
a. exception
b. objection
c. proposition
d. request to omit
The Constitution allows, and certain states require, that defendants _____.
a. reveal incriminating evidence
b. answer questions posed by the police
c. give notice that they intend to use an alibi or insanity defense
d. waive their privilege against self-incrimination
Fingerprint evidence is circumstantial evidence rather than direct evidence.
a. True
b. False
An example of the application of the fruit of the poisonous tree doctrine is excluding a
confession obtained after an illegal search and seizure.
a. True
b. False
It can be determined by fingerprint analysis if a person has touched drugs.
a. True
b. False
The inevitable discovery rule was adopted in Nix v. Williams.
a. True
b. False
Improper police conduct must be deterred in order to accomplish the purpose of the
_____ Amendment.
a. Second
b. Eighth
c. First
d. Fourth
The exclusionary rule can apply to evidence obtained in violation of the Sixth
Amendment right to counsel.
a. True
b. False
Inventory searches may be conducted only on reasonable suspicion.
a. True
b. False
People have the same degree of protection under the Fourth Amendment in their home
as they do in their automobile.
a. True
b. False
If the prosecution destroys evidence important to the defense, this violates a defendant’s
rights only if the prosecution acted _____.
a. in bad faith
b. negligently
c. with carelessness
d. in violation of a court order
In some circumstances, presumptions can interfere with the defendant’s right to have the
jury decide the facts of the case.
a. True
b. False
One of the factors in Rule 702 is the extent to which the scientific testimony will aid the
trier of fact.
a. True
b. False
If a person abandons property, they _____.
a. have no Fourth Amendment rights with regard to that property
b. have the right to reclaim it if it is seized
c. can sue police for unlawful seizure if it is seized
d. can sue police if they damage the property
The problem with hearsay testimony is that the person who actually saw the events
_____.
a. is not on the witness stand
b. is probably not reliable
c. may be biased
d. may have a privilege against self-incrimination
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.
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.
In California v. Carney, the U.S. Supreme Court refused to expand the automobile
exception to cover mobile/movable motor home.
a. True
b. False
In discussions of hearsay, the _____is the person who makes the statement.
a. defendant
b. declarant
c. witness
d. prosecutor
The Confrontation Clause is found in the Fifth Amendment.
a. True
b. False
Case 11.3
Jack has been released from confinement early and placed on probation. He found a job
and rented an apartment in his hometown. One day, he responded to a knock on the
door and sees his probation officer, Stephanie Stone. She tells him that she has decided
to conduct a surprise inspection of his home. Jack insists that he has been a very good
citizen and is no longer involved in any criminal behavior. Stephanie has no evidence
that this is not true, but insists on conducting a complete search of the home anyway.
Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office
for a drug test, just in case. Jack says, “Sure, I have nothing to hide.” Unfortunately for
Jack, the drug test is positive for an illegal substance and his parole is revoked.
Was Jack’s drug test obtained lawfully?
a. Yes, Jack consented.
b. Yes, taking urine samples does not fall under the Fourth Amendment.
c. No, Stephanie lacked probable cause.
d. No, under the Fourth Amendment, taking urine samples for drug testing is aseizure
and therefore would require a search warrant based upon probable cause.
Miranda requires that suspects be informed of the subject of the interrogation before the
interrogation begins.
a. True
b. False