Case 14.2
Officer Antioch is investigating a disturbance in a large apartment building. The
complainant says that the people in Apartment 103 won”t stop playing their music so
loud that the complainant can”t sleep. Officer Antioch knocks on the door of Apartment
103 and Melissa answers the door. Officer Antioch is also overwhelmed by the loudness
of the stereo system and asks Melissa to turn the stereo down. While he is standing in
the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia,
grabs a bag of white powder, and rushes towards the bathroom. Officer Antioch
believes Melissa is about to flush illegal drugs down the toilet and enters the apartment,
but Melissa closes the bathroom door behind her. Officer Antioch then hears the
distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had
happened. Officer Antioch knows that possession of the drug paraphernalia is itself a
felony, but just then Bob appears from an adjoining bedroom, grabs the drug
paraphernalia from the coffee table and sprints out of the apartment. Officer Antioch
sees Bob banging on the door of another apartment belonging to Charlie and Charlie
admits Bob. Officer Antioch barges into Charlie’s apartment and arrests Bob, who is
still holding the drug paraphernalia from Melissa’s apartment. He also arrests Melissa
for the possession of drug paraphernalia. Officer Antioch searches Bob and finds that he
also has cocaine in his front pocket.
The cocaine that Officer Antioch found in Bob’s pocket:
a. is not admissible since he is only allowed to search for weapons that might jeopardize
officer safety at the time of arrest.
b. is admissible because criminals impliedly consent to such searches.
c. is admissible only if the cocaine can be related back to Melissa’s crimes.
d. is admissible if probable cause to make the arrest of Bob exists.
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.
Which of the following statements would not be required when the detectives
wereproviding the suspect his Miranda warning?
a. that he has the right to remain silent
b. that he has the right to reasonable bail
c. that anything he says may be used against him in a court of law
d. that he has the right to have his attorney present during questioning
Under the Fourth Amendment, police may lawfully search and seize garbage left at the
curb for pickup without a warrant.
a. True
b. False
A judge can take judicial notice of facts that are known solely to the judge.
a. True
b. False
The party seeking to have a writing or document admitted must show that it is genuine
or _____.
a. complicit
b. exculpatory
c. authentic
d. replicable
Government access to stored e-mails is not covered by federal law.
a. True
b. False
If the scientific theory and/or technique is accepted by higher courts, trial courts may
take _____ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
d. conditional acceptance
A(n) _____ exists if law officers have no time to obtain a search warrant and have
probable cause to believe that evidence will be destroyed or moved to an unknown
place.
a. quandry
b. probable cause
c. emergency
d. exigency
In our adversary system, the prosecution has no obligation to reveal any evidence to the
defense.
a. True
b. False
The exclusionary rule applies to evidence obtained in a consent search.
a. True
b. False
To have standing to contest the search of a place under the Fourth Amendment, the
defendant must have had a(n) _____.
a. right to be on the premises
b. invitation from the owner to be on the premises
c. reasonable expectation of privacy in the place searched
d. possessory right to the items seized during the search
Statutes requiring that convicted felons provide blood samples for DNA databases have
been held to _____.
a. violate the privilege against self-incrimination
b. violate the Fourth Amendment
c. violate both the Fourth and Fifth Amendments
d. be constitutional
In the American _____ system of criminal prosecution, the government must prove its
case by evidence freely and independently secured and may not coerce the defendant to
provide evidence.
a. fact finding
b. accusatorial
c. inquisitorial
d. peremptory
If a person attempts to enter the U.S. from Mexico, in order for customs officers to
legally remove the gas tank and search for drugs, this conduct would _____.
a. require a warrant
b. require probable cause
c. require reasonable suspicion
d. does not require a warrant or any individualized suspicion.
With regard to lineups, most agencies and organizations recommend that _____
a. there be a minimum of four individuals in the lineup.
b. witnesses view the lineup and make identifications in isolation from other witnesses.
c. a judge be present to insure the lineup is fair.
d. witnesses be allowed to make a group decision as to the identification.
The permissible purpose of a frisk is to find _____.
a. evidence of crime
b. identification information
c. weapons
d. contraband
For many types of evidence to be admissible, the prosecution must prove the chain of
_____.
a. possession
b. concurrence
c. fools
d. custody
In states that do not use grand juries, a case can begin with the filing of a(n) _____.
a. criminal complaint
b. information
c. habeas corpus
d. indictment
If a person abandons property because of illegal police activity, it _____.
a. is still a valid abandonment for Fourth Amendment purposes
b. is a valid abandonment only for search purposes
c. is a valid abandonment only for seizure purposes
d. is not a valid abandonment for Fourth Amendment purposes
A warrant authorizing covert entry into a location to take photographs, plant listening
devices, etc. (but not to seize evidence) is called a(n) _____ warrant.
a. general
b. anticipatory
c. exculpatory
d. sneak-and-peak entry
Miranda v. _____ requirements were added to the law regarding interrogation.
a. Illinois
b. Pennsylvania
c. Montana
d. Arizona
Every jurisdiction recognizes a parent”child privilege.
a. True
b. False
Although statements by a patient to a physician for treatment or diagnosis may be
privileged, there is no hearsay exception for such statements.
a. True
b. False
The Star Chamber trials are among the most infamous in English history.
a. True
b. False
In the federal system and most states, if the defendant raises the insanity defense, the
burden of proof is on the _____.
a. prosecution to disprove the defense
b. defendant to prove the defense
c. defendant to prove the defense beyond a reasonable doubt
d. prosecution to disprove the defense beyond a reasonable doubt
Ordinary records held by a bank about a person’s finances (e.g. deposit slips, cancelled
checks) can lawfully be obtained by a search warrant issued to the bank.
a. True
b. False
Requiring a person in a lineup to say the same words as the perpetrator _____
a. is a violation of the privilege against self-incrimination.
b. can only be done if the defendant’s attorney is present.
c. is generally a lawful technique.
d. can only be done if a judge is present to insure the lineup is fair.
In general, government employee supervisors may search government owned desks, file
cabinets, and computers for work-related matters ____.
a. only with warrants
b. only with probable cause
c. only with reasonable suspicion
d. at any time without any minimum amount of suspicion
Between the thirteenth and seventeenth centuries, English common law in criminal
cases was based on a(n) _____ principle.
a. inquisitorial
b. accusatorial
c. confrontational
d. equitable
Law enforcement officers may stay in a crime scene for a _____ period of time to
perform whatever tasks they are obligated to do.
a. subjective
b. minimal
c. reasonable
d. objective
In the United States, the defense carries the burden of proving the defendant is not
guilty.
a. True
b. False
Describe three inferences that judges and juries are not allowed to draw in criminal
trials. What are the reasons these are not permitted?
A subpoena duces _____ commands a witness to appear and bring certain things with
them.
Videotaping may be conducted in places where the people being filmed do not have a
____________________ expectation of privacy.
Defendants who testify at their trial waive their _____ against self-incrimination.
The ____________________ witness method is sometimes used to authenticate
videotapes.
The automobile exception has a ____________________ right of privacy from homes.
In general, ____________________ kept records of businesses; government, etc. are
presumed to be authentic.
Discuss facts of holding of the U.S. Supreme Court’s decision in Mincey v. Arizona. Do
you agree or disagree with the Court’s decision? Explain your position.
What were the facts and holding of the U.S. Supreme Court in Katz v. U.S.?Why is this
decision important?
Discuss the law on the admissibility of gruesome photographs of the bodies of murder
victims at the murder trial. Be sure to provide examples
The jurisdiction of the federal government in interstate commerce issues is often
challenged. Use Gonzales v. Rich as a foundation for your discussion. Discuss the
situations in which you believe the federal government should become involved. Do
you agree with the Gonzales decision? Why or why not?
Describe the Federal DNA Act.
The term “____________________” means having a legal right to raise a legal issue.
There is a hearsay exception for _____ utterances.
Lineups should be conducted in a manner that avoids impermissible ____________.
Scientific evidence is usually presented through the use of ____________________
witnesses.
The courts look at the _____________ of the circumstances to decide if a confession is
voluntary.