With regard to testimonial hearsay, the U.S. Supreme Court overruled Ohio v. Roberts
in _____.
a. U.S. v. Inadi.
b. Pointer v. Texas.
c. Crawford v. Washington.
d. Minnesota v. Murphy.
If a law clerk or secretary of the attorney is present during the attorney”client meeting,
the privilege is waived.
a. True
b. False
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.
The police search the defendant’s phone is deemed illegal, but the conversation between
the defendant and her lover was caught on a legal wiretap of the lover’s phone as a
result an independent investigation in his involvement in drug distribution case. Can the
police still introduce the record of the phone conversation between the two on the day
of the murder?
a. No, under the Fruit of a Poisonous Tree Doctrine, the introduction of evidence from
another investigation is prohibited.
b. No, as the Derivative Evidence Rule applies solely to evidence obtained directly
from independent sources.
c. Yes, under the Independent Source Doctrine, if the evidence was obtained properly
from a second and independent source.
d. No, as the accused was not the subject of the wiretap warrant and therefore any
evidence obtained should be excluded.
Once a Miranda waiver is given, it may not be withdrawn.
a. True
b. False
A consent to search functions as a _____ of Fourth Amendment protections.
a. contradiction
b. waiver
c. contraindication
d. subjugation
McCormick on Evidencestates that _____ “is the slipperiest member of the family of
legal terms” because it is used in so many different ways.
a. presumption
b. conclusion
c. inference
d. deduction
The special needs exceptions to the warrant requirement expand the power of
government to search and seize.
a. True
b. False
The fruit of the poisonous tree doctrine is also known as the _____ rule.
a. attenuation of the taint
b. inevitable discovery
c. derivative evidence
d. independent source
In crimes of rape and murder, offenders usually leave traces of tissue or bodily fluids.
a. True
b. False
Case 8.2
Mayberry Police receive a 911 call in which an argument, with a woman screaming, can
be heard in the background. What sounds like a violent struggle with breaking glass and
a male voice screaming “no more cheating for you bitch” can be heard as the 911
dispatcher tries to get a response. The dispatcher relays this information to the patrol
units dispatched to 123 Main Street.
When police arrive on scene they find the door is locked but can see a female victim
lying on the floor amidst broken furniture. Police force entry and find the victim
lifeless. They also find a trail of blood leading to the back door. According to neighbors,
the victim, Shannon Mathews, was recently separated from her husband and had only
moved in a few months prior. The next door neighbor, Mary Hart, reports that she had
witnessed a few heated arguments between the victim and her estranged husband in the
driveway over the past few months. In fact after the last incident a week prior, the
victim had asked Mrs. Hart to call the police if she saw her estranged husband at the
house as she was in fear of him.
A check of police dispatch records revealed two prior 911 calls from Mrs. Mathews
about threats from Matt Mathews. Also in the system was an active domestic violence
order of protection for the victim, baring contact from Matt Mathews.
Matt Mathews is pulled over for speeding and is arrested for DWI by police in the
adjacent town of Mount Pilot five minutes after the call to 123 Main. Mr. Mathews has
fresh injuries including scratches on his face and is highly agitated. While the officers
are trying to conduct field sobriety tests, Matthews repeatedly mumbles “the bitch
deserved it.” The motor vehicle stop and arrest are recorded on the police dash camera.
Due to the active restraining order in the police data base, the accused’s fresh injuries
and his statements, Mount Pilot Police contact Mayberry Police to conduct a welfare
check on Mrs. Mathews. They are advised of the active murder investigation and asked
to hold Mr. Mathews.
The medical examiner conducts an autopsy as well as forensic testing that reveals DNA
evidence and blood other the victim’s on her clothing. During the investigation police
find multiple threatening phone messages and texts from Matt Mathews on Mrs.
Mathews’ cell phone. Police subpoena Mr. Mathews’ phone records as well. Mr.
Mathews is ultimately charged with the murder of his estranged wife Shannon.
The defense also attempts to block the testimony of Mount Pilot police regarding Mr.
Mathews utterances during the recorded field sobriety test. Is this testimony hearsay?
a. Yes, because it is offered as evidence of the truth of the matter asserted
b. Yes, because the testimony violates the Confrontation Clause
c. No, because it is an excited utterance
d. No, because the officer is available for cross-examination
Both defense attorneys and prosecutors evaluate the strength and admissibility of
evidence in deciding upon strategies for handling the case.
a. True
b. False
Depending on the location of the evidence or the circumstances under which it is
obtained, limitations apply to the _____ of physical evidence obtained by the police.
a. reasonableness
b. admissibility
c. quantity
d. composition
Probationers and parolees have less Fourth Amendment protection than ordinary
citizens.
a. True
b. False
Case 2.2
New Jersey State Police incept a truck load of marijuana at during a truck enforcement
detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that
the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned
by Mick Stoner. As a result of joint investigation involving the New Jersey State Police
and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and
charged with the manufacture and distribution of a controlled or dangerous substance.
At trial, Mick Stoner’s defense attorney challenges the _____ of the evidence, claiming
that the initial search of the truck was in violation of the Fourth Amendment.
a. competence
b. probable cause
c. preponderance
d. probative value
Even if police do not have a warrant, they can still search a computer or any location if
they have consent from a person in authority.
a. True
b. False
In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant
would attempt to enter a conditional plea.
a. True
b. False
Facts that show that a crime has actually taken place is referred to as the _____ of the
case.
a. corpus delicti
b. burden of proof
c. totality of the circumstances
d. preponderance of the evidence
The leading cause of the wrongful convictions was erroneous identification by
eyewitnesses.
a. True
b. False
Miranda warnings are not required in ordinary traffic stops.
a. True
b. False
Case 10.3
An undercover security officer working for a chain supermarket located in New Jersey
watches a suspicious male circling the liquor aisles with an empty shopping kart. The
man waits for other patrons to leave the area and places four bottle of vodka inside his
jacket. He then moves toward the exit. As he does so, he observes security at the door.
He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the
potatoes and attempts to leave the store and is stopped by security. When security
confronts the man about the shoplifting, he begins to cause a scene. The security officer
searches the man and recovers the four bottles of vodka. He then has the man empty his
pant pockets and observes two bags of what appears to be heroin mixed in with his
personal papers. Police arrive on scene and the security officer provides details of his
observations and the items recovered in his search of the accused. The security officer
advises police that the entire event was captured on their surveillance system. The
police arrest the suspect and take possession of the heroin and the four bottles of vodka.
The security officer responds to the police station to provide a statement and copy of
the surveillance video. The accused is charged with the shoplifting and the possession
of the heroin.
Suppose the accused had left the store with the stolen items and then discarded the
vodka bottles into a garbage can just outside the store. Police arrive to find the accused
detained by security personnel who brief the police on the theft and directed police to
the garbage can. If the police retrieve the bottles from the can without a warrant, would
the defense be correct in moving the search be subject to the exclusionary rule?
a. The defense would be able to move for exclusion because the garbage can was not
under the control of the accused.
b. The defense would not be able to move for exclusion because the property (the vodka
bottles) was abandoned.
c. The defense would be able to claim that because the man was unlawfully detained by
the store.
d. The defense would not be able to claim that because the vodka was still on store
property.
Statements that would otherwise be testimonial and require that the defendant have the
right to _____ under the rule of Crawford v. Washington can be admitted if they are not
intended to prove the truth of their contents.
a. rebuttal
b. objection
c. confront
d. omission
The U.S. Supreme Court made the exclusionary rule mandatory in federal courts in
_____.
a. 1821
b. 1902
c. 1914
d. 1961
The Supreme Court held in _____ that tire tracks could be used as evidence if there was
no violation of the privacy right.
a. Richards
b. Marsh
c. Biggers
d. Cardwell
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.
Would the arresting officer’s testimony that he found heroin on Jack and Diane
subsequent to their arrest be considered hearsay?
a. Yes, because the testimony was offered as evidence of the truth of the matterasserted.
b. Yes, because the testimony violates the Confrontation Clause of the Sixthamendment.
c. No, because it requires the fact finder to draw inferences as to the defendants’intent.
d. No, because it is based on the officer’s actions and observations and he is available
for cross-examination.
Case 14.3
Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After
asking for license and registration from the driver, he smells the distinct odor of alcohol
in the car. There is one person in the passenger seat and one in the back seat. Both of
these young people appear to be minors. When he looks into the back of the car, Officer
Andretti sees beer cans littering the backseat. The officer asks the passenger and the
person in the back seat to exit the vehicle. They stumble and have a hard time standing
up. Both of them smell of alcohol and their identification cards show they are under the
legal age to consume alcohol in the state. The driver is also under age to possess or
drink alcohol in the state, though does not appear to be impaired. Officer Andretti
informs the driver he is being detained under state law under suspicion of providing
alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves
Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants
of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti
frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith
arrives at this point to provide assistance, taking the driver and other passenger to the
police station for processing for the alcohol offenses. The car is on a busy street and the
police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45
caliber pistol in the trunk in violation of state law.
The drugs found on Caitlin:
a. are admissible because she was suspected of drinking underage.
b. are inadmissible because she was suspected of drinking underage not drug
possession.
c. are inadmissible because Andretti lacked probable cause to search for drugs.
d. are admissible because she was arrested for her assault on Andretti.
For most exceptions to the hearsay rule under the Federal Rules of Evidence and in
most states, _____.
a. unavailability of the declarant is not required
b. unavailability of the declarant is required
c. availability of the declarant is required
d. the unavailability of the declarant does not need be explained by counsel
Which of the following is NOT a “closely regulated industry” for Fourth Amendment
purposes?
a. liquor stores
b. coal mines
c. pharmacies
d. jewelry store
To validly search vehicles at border crossings, federal agents _____.
a. must have probable cause
b. must have reasonable suspicion
c. must have a search warrant
d. are not required to have any warrants or individualized suspicion
The Federal Rules of Evidence and most state rules of evidence apply in _____ trials.
a. only criminal
b. both civil and criminal
c. only civil
d. only administrative
According to AOL, queries made for information to be used in civil and criminal cases
most often relate to _____.
a. children
b. the elderly
c. businesses
d. homeowners
In court, information that the defendant has committed similar crimes in the past _____.
a. is never admissible
b. is always admissible
c. is always competent evidence
d. may be admissible under some circumstances
The hearsay rule forbids only statements offered to prove the ______of the matter
asserted.
a. truth
b. credibility
c. substance
d. subject
A defendant’s offer to plead guilty _____.
a. cannot be used as evidence if the defendant goes to trial
b. can be used at trial as evidence of guilt
c. can be used as evidence at trial if the prosecution consents
d. can be used at trial if the defendant fails to plea bargain in good faith
When does a person have a right to an attorney?
The First ten Amendments to the U.S. Constitution are called the _____.
Congress has passed laws making it a crime to receive or possess _____ pornography
from the Internet.
In U.S. v. ____________________, the Supreme Court upheld a suspicionless removal
and search of a gas tank of a vehicle seeking to cross the international border.
In U.S. v. ____________________, the U.S. Supreme Court expanded Fourth
Amendment protection to cover interception of communications.
List the common examples of the use of judicial notice to prove matters of general
knowledge:
To qualify for the hearsay exception for ancient documents, the document must be over
_____ years old.
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?
In the definition of hearsay, the _____ is the person who originally made the statement.
To be able to raise a legal issue, the person must have _____.
Explain the Bruton rule and give an example. What are some of the things the
prosecution can do to deal with Bruton problems?
In order to be lawful, a traffic stop must be temporary, ____________________ and in
public.
In _____________ v. U.S., the Court held that Congress cannot overturn the Miranda
decision.
Under American law, the prosecution must prove the defendant’s guilty beyond a _____
doubt.
Photographs and videotapes are ____________________ evidence because they portray
objects, persons, or events not in the courtroom.
Describe the “Excited Utterance Exception” and the reason for the exception to
non-testimonial evidence.
What is the difference between the Sixth Amendment rights of a person in custody
being interrogated and a person charged with a crime? Be sure to provide examples.
Discuss and describe three interrogation situations where Miranda warnings are not
required.
Define, discuss, compare, and contrast the please of guilty, not guilty, and no contest
(nolo contendere). Why would a person plead no contest rather than guilty?