If the police can show they would have found the evidence eventually by legal means, it
may trigger the independent source exception to the exclusionary rule.
a. True
b. False
If officers naturally (by ear) overhear conversations in public places, _____.
a. it violates the Fourth Amendment
b. it violates most state and federal statutes
c. the evidence must be suppressed
d. the evidence is admissible
_____ photographs of the victim’s body can inflame and prejudice the judge or jury.
a. Contemporaneous
b. Accurate
c. Complete
d. Gruesome
Sandstrom v. Montana States that mandatory or irrebuttable _____ are unconstitutional
in criminal prosecutions.
a. inferences
b. conclusions
c. deductions
d. presumptions
Brutality and violence are not consistent with due process.
a. True
b. False
In drug cases, the chain of custody does not have to be established.
a. True
b. False
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
After Crawford v. Washington, the hearsay exceptions and exceptions to the
Confrontation Clause are identical with regard to testimonial evidence.
a. True
b. False
X-rays do not differ significantly from ordinary photographs in any significant ways.
a. True
b. False
The U.S. Constitution is the supreme law of the land.
a. True
b. False
Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among
those deemed to be “closely regulated businesses.”
a. True
b. False
Case 1.3
Robert is at police headquarters being interviewed by detectives regarding a fire that
destroyed his business. What was a friendly discussion suddenly turns adversarial when
the detectives accuse him of starting the fire to collect insurance. They both tell him to
think about what he wants to say about the crime and leave him alone in a locked
interview room.
At this point, it is clear that Robert is not free to go and is being accused of a crime by
detectives, although they have not told him that he is under arrest. Which constitutional
amendment governs Robert’s detention at police headquarters?
a. First Amendment
b. Second Amendment
c. Fifth Amendment
d. Fourth Amendment
Case 9.2
Police respond to a third party 911 call and arrive at the scene of domestic violence
homicide. Police find the victim underneath his pickup truck, apparently run over. On
scene, the man’s wife, blurts out that she could not take his physical abuse and drinking
any more. She then says “I didn’t mean to hurt him I just wanted to get away.” The wife
has multiple new and old bruises on her body which she claims were from the husband
repeatedly beating her while threatening to kill her.
Witnesses report that they heard the two fighting and witnessed the husband trying to
grab the wife as she ran outside. They observed the wife get into the pickup truck and
heard the husband screaming that he wouldn’t let her go as he stood in front of the
pickup. Witnesses report that the wife drove the truck over the husband and then backed
up. They further state that the wife called someone the phone and said “it’s done.”
Witnesses also tell police that the wife has been seeing another man on the side and that
the other man had been with the wife just an hour before the husband/victim had gotten
home.
Police interview the wife, who claims that she dialed 911 but hung up the phone by
accident, because she was in a panic. Police ask the wife to show them her phone but
she refuses. Police check with the dispatch center and fine only one call and that was
the one from the witness.
Police arrest the wife for the murder of her husband and transport her to police
headquarters for processing. She is searched incident to arrest and her phone is taken
into evidence. Police also search the house for additional evidence. While being
transported to headquarters the wife changes her story several times claiming that her
husband was screaming that he was going to kill her. Her changing statements are
recorded by the in car video system.
If police initially search the defendant’s phone without a search warrant can the police
still introduce the record of the phone calls made from the phone on the day of the
murder?
a. Yes, as there is no expectation of privacy in ones cell phone, so the police would not
need a warrant to review the contents or records.
b. No, as the fourth amendment strictly prohibits warrantless search without exception.
c. Under the Inevitable Discovery Rule, the evidence could be introduced at trial if the
prosecution can show that the evidence would have ultimately been obtained anyway
through other proper investigative procedures.
d. No, as the police would have needed a wire-tap warrant to listen in on the
conversation.
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.
At trail the defense attempts to block the nurse’s testimony regarding the child’s
description of the sexual assault as hearsay. Is this it hearsay?
a. Yes, because the nurse asked questions for the purposes of investigating the incident
b. Yes, because the testimony violates the Confrontation Clause
c. No, because testimony of a sexual assault nurse examiner is admissible under the
medical diagnosis exception
d. No, because the child is too young to testify herself
In the adversary system, each side seeks to present evidence that is most favorable to its
position.
a. True
b. False
The Supreme Court replaced the Daubert test with the Frye test.
a. True
b. False
After a suspect is charged with a crime, his/her _____ Amendment right to an attorney
must be observed.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
In using the insanity defense, most defendants also enter a not guilty plea.
a. True
b. False
Case 15.1
The Sheriff’s Department has information to believe that illegal automatic weapons are
being hidden in a garage on Mary Halberstam’s property. The information was obtained
from a confidential informant who specified that the illegal weapons were assault rifles
and that Mary has secured ammunition for the weapons in hopes of arming her friends
against a looming government conspiracy. The Sheriff’s Department has a list of
weapons that had been reported as stolen from a local gun store and the confidential
informant confirmed those were the same weapons he had seen on Mary’s property. The
informant made a sworn statement in the form of affidavit that was presented to a judge,
who issued a search warrant for “any and all illegal items” in the home and garage of
Mary, listing her proper address. The Sheriff’s Department executed a search warrant at
Mary’s home by forcing open her front door without knocking or announcing their
presence and discovered the illegal weapons that matched the inventory from the Army
Depot in her home and the garage.
Using a confidential informant to provide information to support a search warrant:
a. is the equivalent of an anonymous tip and must be corroborated.
b. requires the reputation of the confidential informant be part of the documentation
supporting the search warrant.
c. violates the Fourth Amendment.
d. is common and generally accepted as long as the information has some reliability.
If a state has a state-created exclusionary rule, the federal exclusionary rule does not
apply.
a. True
b. False
The rescue doctrine used in California courts is similar to the Supreme Court’s _____
exception to Miranda.
a. conspicuous emergency
b. homeland security
c. public safety
d. confidentiality
Juveniles charged with crimes are not entitled to Miranda warnings.
a. True
b. False
Case 12.1
Police respond to an armed robbery call at a local deli. The store owner shows the video
of the suspect with a gun, provides the direction the suspect fled and tells police that
$375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away
and give chase. The suspect runs through a city park and is stopped near a playground.
Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer
Smith immediately asks the suspect “where’s the gun?” The suspect hesitates and
Officer Smith says “Look, there a lot of little kids here; we don’t want one of them to
find the gun and have a tragedy.” The suspect points to a garbage can near the
playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is
then taken into custody, searched and brought to the police station where he is placed,
handcuffed, in an interrogation room. He is provided a written copy of his Miranda
warning and the warning is read to him. The search of the suspect produces $ 450.00 in
cash and a cell phone.
The suspect is questioned regarding the gun and the robbery. The detectives present the
now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw
in the can. The suspect admits the gun is his, claiming he found it a week prior in an
alley by his apartment. He remains silent in response to questions regarding the robbery
and states “I am not talking about anything else that happened today.” The suspect is
then directed to stand in a lineup with five other persons. The store owner positively
identifies the suspect. The suspect is charged with the armed robbery, unlawful
possession of a weapon and possession of a weapon for unlawful purposes.
In the above scenario, would a Miranda warning of the suspect have been required,
when questioned by detectives, if he was not handcuffed and was seated in an interview
room rather than the interrogation room and was not told he was under arrest?
a. Yes, as Miranda is triggered when a reasonable person would not feel that he or sheis
free to leave and terminate the interrogation.
b. No, as Miranda is triggered when a person is physically unable to leave and
terminate the interrogation.
c. Yes, anytime police speak with an individual, Miranda is required.
d. No, as Miranda is only required after a suspect is arrested and formally chargedwith
a crime.
Evidence gathered from initial improper conduct is called “fruit of the poisonous tree”.
a. True
b. False
Use of a thermal imaging device to investigate a home constitutes a search under the
Fourth Amendment.
a. True
b. False
According to the 2008 Columbia Law Review article “Judging Innocence”, two-thirds
of the defendants making false confessions were juveniles, mentally retarded, or both.
a. True
b. False
Case 9.3
Police investigate an arson of a commercial structure. The day after the fire is
extinguished, police investigators return to the property and retrieve evidence from the
burned building. Police contact the security company that monitored the crime scene
and obtained alarm system records that demonstrate that the system was shut down via
the internal key pad just prior to the fire. Police also obtain surveillance videos from
other commercial businesses adjacent to the crime scene. Through their investigation
the owner of the building is identified as a prime suspect.
Police ask the building owner to come down to headquarters to follow up on any
potential suspects he may have. Once at police headquarters, the building owner is
interviewed by detectives regarding the fire. What was a friendly discussion suddenly
turns adversarial with the detectives accusing him of starting the fire to collect
insurance. They both tell him to think about what he wants to say about the crime and
leave him alone in a locked interview room. While in the interview room the building
owner texts an accomplice to check if he properly disposed of incriminating evidence.
The investigators come in and inform the defendant that no cell phones are allowed in
the interview room. They take the cell phone out of the room and view the texts on the
phone. The building owner ultimately confesses to the arson and is charged. Subsequent
to the confession police obtain a search warrant for the cell phone texts and records.
At trial the defense moves to suppress the evidence removed from crime scene by
investigators the day after the fire, because they failed to get a search warrant or
consent. Under which rule would the defense make this motion?
a. Miranda
b. affirmative defense
c. fruit of the poisonous tree
d. inevitable discovery
Requiring convicted felons to give blood samples for DNA databases violates the
privilege against self-incrimination.
a. True
b. False
“Competent evidence” is a catch-all term that included reliable and relevant evidence
that is not rendered inadmissible by some other rule.
a. True
b. False
An information is a statement by the prosecution detailing the basis on which it is
believed the defendant committed a crime.
a. True
b. False
Case 3.3
Police respond to the scene of domestic violence incident which resulted in a homicide.
The victim Ricky Bobby was found underneath the wheel of his homemade monster
truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts
out that she could not take his physical abuse and drinking any more. Betty Sue has
multiple new and old bruises on her body which claims were from Ricky continually
beating her and threatening to kill her. Witnesses report that they heard the two fighting
and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they
observed Betty Sue trying to get into her car but Ricky threw her to the ground
screaming that he would kill her rather than let her go. Witnesses report that Betty Sue
got into the monster truck and drove over Ricky Bobby as he stood in the way. They
also tell police that she has been seeing a doctor about her depression and takes
medication to treat her depression. Police arrest Betty Sue for the murder of her
husband Ricky Bobby.
At trial, the defense claims that while Betty Sue’s actions did result in Ricky Bobby’s
death, she was under extreme duress trying to escape her attacker. She was also not
mentally cognizant of her actions due to the medication she was taking. This action is
referred as a(n) _____.
a. plea bargain
b. closing argument
c. suppression hearing
d. affirmative defense
Evidence is not relevant (irrelevant) if it is _____.
a. not related to any fact or issue in the case
b. subject to a privilege
c. recognized by judicial notice
d. exculpatory
The case establishing limits to identification checkpoints in public housing projects was
_____.
a. Illinois v. Lidster
b. State v. Hayes
c. Indianapolis v. Edmonds
d. Michigan State Police v. Stiz
The U.S. Supreme Court holds that a suspect arrested without an arrest warrant must
have a probable cause hearing before a judge or magistrate “promptly,” of which is
defined as being within 48 hours of the arrest, including weekends and holidays. If this
48 hour rule is violated, what is the burden placed on the prosecution and what may be
the consequence of such an unwarranted delay?
In terms of the problems they address, what do the rules against hearsay and
Confrontation Clause have in common? Be sure to provide examples.
In the Federal Rules of Evidence, one form of statement that is specifically excluded
from the definition of hearsay is termed the _____________ rule.
In a jury trial, it is the duty of the _____ to assess the credibility of the witnesses and
the weight to be given to the testimony.
The _____ Rules of Evidence list multiple exceptions to the exclusionary rule.
The abuses of using hearsay at criminal trials were highlighted in the 1603 trial of Sir
_____.
Traditionally, hearsay exceptions have been allowed only when the statement has some
indicia of _____.
In the case In Re _____, the U.S. Supreme Court held that due process required proof of
guilt beyond a reasonable doubt.
Modern _____exceptions occur frequently in child sexual abuse cases.
List the abuses by the English monarchy and the corrections of those abuses remedied
by the U.S. Constitution.
In Illinois v. ____________________, the Supreme Court allowed the use of drug dogs
during routine traffic stops.
Discuss, describe, compare, and contrast the legal requirements for voluntary
encounters and Terry stops. Be sure to provide examples.
_____ evidence is that which possesses a significant degree of believability.
Warrants must be issued by a neutral and ____________________ magistrate or judge.
Discuss the method and procedure in place for the reviewing of sentencing.