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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.
What might the defense attorney challenge regarding the admissibility of the witness
testimony presented in this case?
a. reliability of the evidence
b. chain of custody
c. accountability of the evidence
d. mental competence of the witness
The area directly around the home such as the yard is called the _____.
a. dominion
b. extension
c. curtilage
d. domicile
The primary purpose of judicial notice is to _____.
a. protect the rights of defendants
b. assure a fair trial for both parties
c. give the judge more control over the proceedings
d. save time and effort
In some states, polygraph evidence is admissible if _____.
a. the test was administered by an independent expert
b. it is exculpatory
c. there is prior stipulation by both parties
d. the test was taken voluntarily
Consent is always necessary for entry even if police are acting in an emergency
situation.
a. True
b. False
It is a violation of the privilege against self-incrimination for a suspect to be required to
speak at a lineup using the same words used by the perpetrator.
a. True
b. False
The Crawford v. Washington decision protects _____.
a. defendants
b. the government
c. each side equally
d. only factually guilty defendants
Case 8.1
Police respond to the scene of fight inside a local bar. The scene is chaotic with
ambulance personnel attending to an unconscious male. 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.
Police interview witnesses who report that the victim, Jeff Anderson, got into an
argument with another bar patron/accused for having several rounds of drinks put on
the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with
a close fist and two then exchanged several punches with Mr. Anderson giving the
patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a
chair knocking him unconscious and fled the bar.
Police interview the bar owner who reports that accused became enraged after getting
the $500.00 credit card receipt for his drink tab. The bar owner stated the "guy flipped
out, nearly jumping over the bar when he saw the amount of his tab". The bar owner
reported that he pointed Mr. Anderson and said "go talk to your friend - he ordered
three rounds for the bar on your tab." Police ask for and receive copies of the credit card
receipts for the accused, Dick Grayson. The investigating officer responds to the
hospital and takes a statement from the victim who reports not knowing why he was
attacked. While at the hospital the investigating officer asks if anyone had sought
treatment for facial injuries from a fight. It is determined that Mr. Grayson had been
seen and had reported to the registration nurse that his injuries were from 'some guy
sucker punching" him in a bar and had also stated "you should see the other guy." Mr.
Grayson is taken into custody and is being escorted out of the emergency room when he
stops in front of room where the victim lying in a hospital bed being attended to by
medical personnel he blurts out "I'm in so much trouble" and asks the officers "is he
going to make it." Mr. Grayson charged with aggravated assault.
At trial the arresting police officer testifies to Mr. Grayson's excited utterance and
actions when he passed the victim, as they were escorting him out of the emergency
room. Are excited utterances an exception to hearsay rules?
a. Yes, because there was no expectation of confidentiality
b. Yes, because it was an excited utterance.
c. No, because it requires the fact finder to draw inferences
d. No, because Mr. Grayson had been drinking
Case 13.2
A woman was pushed to the ground by a man, who then stole her purse. He fled the
scene on foot. A police officer responded to the crime, but was unable to locate the
suspect based on the description by the victim. The next day, the woman was called into
the police station and selected a picture of Bob out of several photos shown to her by
the police officer. Bob was brought in and made to stand next to two other men of
similar height and build. The victim promptly identified Bob as the man who pushed
her down and took her purse. Bob was arrested for robbery.
Bob's attorney is also trying to get the identification at the lineup suppressed. What is
her best argument?
a. A lineup was not necessary and using this additional method unduly prejudiced the
witness against Bob.
b. Bob was one of only three men in the lineup.
c. An additional witness to the crime was never asked to identify Bob.
d. Bob had declined to ask for an attorney at the time of the lineup.
After a witness is subject to cross-examination, the party that called them originally
may ask further questions under _____ examination.
a. recross
b. following
c. redirect
d. didactic
_____ searches are therefore not searches for incriminating evidence.
a. Consent
b. Inventory
c. Custodial
d. Private
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 video of Jack and Diane changing the license plates and leaving in the pickup along
with the mall video of the two arriving and subsequently fleeing in the same truck
would be considered _____ evidence.
a. exculpatory
b. direct
c. circumstantial
d. indirect
Case 18.3
Detective Smith has been assigned to investigate a DUI with injuries that occurred
several weeks ago. The car was driven by Mrs. Olive and the responding officer was
unable to establish she was under the influence using field sobriety tests. Mrs. Olive
was taken to a nearby emergency room and she provided urine, blood, saliva and breath
evidence. Detective Smith notices that her jacket and knit cap were also taken into
evidence.
If the urine, blood, saliva and breath evidence are unable to establish DUI in this case,
a. dashboard video will prove the case.
b. the officer can testify if she smelled alcohol, but only if it is noted in her report.
c. the horizontal gaze nystagmus test would be relevant, if done.
d. Mrs. Olive will not be successfully prosecuted based on scientific evidence.
Common law recognized the dying declarations exception to the hearsay rule.
a. True
b. False
Case 18.1
FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The
bank robbers got away with several hundred thousand dollars, but not before they
terrorized the patrons of the bank and shot one of the tellers. The teller was seriously
injured, but is expected to make a full recovery. In addition to the spent shell casings
from the shotguns used to scare everyone in the bank to ensure swift compliance with
their demands, bank robbers left behind the note they passed to the teller demanding all
the money in their cash drawers. One of the bank robbers was injured by broken glass
and left his bloody gloves in a dumpster in an alley behind the bank.
Agent Mannix caught Robby a few days later with marked money from the bank
robbery. He also found a handwritten shopping list in his pocket that appears to match
the handwriting on the note found at the crime scene. What is likely to occur next?
a. The prosecutor will need to secure a new handwriting sample from Robby to use the
bank robbery note against him using expert testimony.
b. Handwriting evidence is not admissible generally as it does not pass the Frye test.
c. The prosecutor can seek to have evidence of the robbery note and its comparison to
the laundry note admitted as evidence against Robby using a questioned documents
examiner.
d. The court will not take judicial notice of the handwriting analysis technique.
The privilege against self-incrimination applies to both written and oral statements.
a. True
b. False
Federal law authorizes the use of "roving wiretaps" to cover suspects who use a series
of different telephones.
a. True
b. False
Under the _____ rule, the prosecution must disclose exculpatory evidence to the
defense.
a. DeAngelis
b. Powell
c. Curtain
d. Brady
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.
The detective testifies: "I showed Mr. (store manager) a display of seven photographs,
When he saw the picture of Jack Bower, he gasped and began to cry." Would this
statement be considered hearsay?
a. Yes, because the testimony was offered as evidence of the truth of the matter asserted.
b. Yes, because the testimony violates the Confrontation Clause of the Sixth
amendment.
c. No, because it requires the fact finder to draw inferences as to the defendants' intent.
d. No, because the store manager's conduct was not meant as a communication.
The general rule is that hearsay is _____.
a. not admissible
b. admissible
c. not admissible unless the opponent objects
d. admissible unless the opponent objects
In _____ v. U.S., the U.S. Supreme Court held that interception of communications
without any physical intrusion or trespass was covered by the Fourth Amendment.
a. Gilbert
b. Wade
c. Almanza
d. Katz
The Confrontation Clause is found in the _____Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Evidence obtained illegally by wiretapping or electronic eavesdropping is not subject to
the exclusionary rule.
a. True
b. False
Case 16.2
A crime scene was established at a motel where an individual had been assaulted with a
shovel. Even though there were no fingerprints or blood evidence on the shovel, it was
taken into evidence as the assault weapon. Unfortunately, only a few of the people who
had possession of the evidence signed the evidence tag so there was a gap in the chain
of custody.
The shovel in this case
a. requires proof to show a reasonable probability that the evidence was not tampered
with.
b. may not require a chain of custody at all.
c. must have an evidence tag.
d. is admissible only if it belonged to the accused.
Statements offered to prove _____ would be considered to be hearsay.
a. any information possessed by the defendant
b. the declarant's state of mind
c. the effect of the statement on the hearer
d. the truth of the matter asserted in the statement
In a(n) _____ administration of a line-up, neither the investigator administering the
lineup nor the witnesses know the suspect's identity.
a. voluntary
b. custodial
c. double blind
d. multiple race
DNA evidence was first admitted in U.S. Courts in criminal cases in the 1960s.
a. True
b. False
The term _____ is used to describe minute or microscopic pieces of evidence.
a. invisible
b. latent
c. subjective
d. trace
Under American law, defendants have a right to a(n) _____ trial.
a. error-free
b. fair
c. bench
d. inquisitorial
Dying declarations may be excited utterances and thus potentially admissible under two
exceptions to the hearsay rule.
a. True
b. False
Under the Fifth Amendment, a defendant is privileged from producing evidence but not
from its production.
a. True
b. False
Drug testing of police officers can generally be conducted on reasonable suspicion.
a. True
b. False
The exclusionary rule applies only to felony cases.
a. True
b. False
Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho
Tire Co. v. Carmichael was provided by a(n) _____.
a. psychologist
b. biologist
c. engineer
d. forensic scientist
Define the concept of standing. When does a defendant have standing to challenge a
police search of a place or things? Be sure to provide examples.
Children and other witnesses whose competence is questioned will usually be subjected
to a(n) _____ examination.
Discuss the Metropolitan Police Department of the District of Columbia (Washington,
DC) issued instructions in regard to the use of photographs and the photographic
array:
What is an alibi defense, and if used by a defendant, what rules of evidence must be
followed?
Discuss and explain four exceptions to the warrant requirement. What are the
prerequisites for each exception? Be sure to provide examples.
Hearsay exceptions utilized by the government threaten values protected by the Sixth
Amendment's _____ Clause.
There is a hearsay exception for regularly kept businesses _____.
The U.S. Supreme Court has concluded that the inevitable discovery exception has the
same basic justification as the independent _____ rule.
When does an individual lose their expectation of privacy in rental property?
What are other ways, other than lineups, the police can make the identification of a
person as the perpetrator of a crime more reliable?
The first form of jury in English history was the _____ jury.
Explain how the rules of evidence are not designed to be of assistance in the search for
truth but have other purposes; they often actually hinder the search for the truth.
In a suppression hearing brought by the defendant, the ____________________ has the
burden of demonstrating that an exception to the warrant requirement covers any
particular warrantless search or seizure.
Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more
lenient) _____.
What is the primary purpose of Police Interrogation?
The Fifth Amendment privilege applies to prosecution or the possibility of prosecution
of any ______________ case.
The Fourth Amendment does not protect documents in public or
____________________ view.
