The Fourth Amendment only prohibits _____ searches and seizures.
a. unreasonable
b. evidence-gathering
c. searches on less than a compelling necessity
d. warrantless
The Fourth Amendment requires that warrants be executed during the nighttime.
a. True
b. False
For Fourth Amendment analysis, searches and seizures that are not conducted for the
purpose of criminal investigation are termed _____ searches.
a. special needs
b. civil discretion
c. public function
d. public service
In Chambers v. Mississippi (1973), the Supreme Court held that a state may not use the
hearsay rule to deprive defendants in criminal cases of reliable and important evidence.
a. True
b. False
Under the Fourth Amendment, relaxed search warrant requirements are permitted to
enforce health, fire, and housing codes.
a. True
b. False
A search warrant must be issued by a neutral and detached judge or magistrate.
a. True
b. False
One of the most deeply rooted traditions of modern Anglo-Saxon law is that an accused
is innocent until proven guiltybeyond a reasonable doubt.
a. True
b. False
The introduction of hearsay evidence can raise serious issues under the confrontation
clause.
a. True
b. False
The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable
evidence.
a. True
b. False
The Constitution’s _____ Clause and the rule against hearsay protect similar values.
a. Self-incrimination
b. ex post facto
c. Confrontation
d. Venue
In general, only _____ witnesses may testify as to their opinions or conclusions.
a. ordinary
b. expert
c. prosecution
d. defense
In considering whether children are competent to testify, age _____.
a. is irrelevant
b. can serve as an absolute barrier to testimony
c. cannot be considered
d. is important but not determinative
Case 10.1
Police are following a swerving vehicle on a local street when they observe a black
duffle bag being thrown from the driver’s window. Police pull over the car for a motor
vehicle violation. During the course of the motor vehicle stop the officer determines
that the driver had been drinking. While the driver is performing field sobriety tests, a
back officer retrieves the bag half a block from the stop. The driver is asked about the
bag he threw out the window and he denies throwing anything out of the window.
Police advise him that his actions were caught on the patrol vehicles video systems. The
driver is arrested for DWI. Police search the bag and find a large quantity of heroin and
a handgun. There is a second closed bag in the back seat of the car. The driver is
additionally charged with possession and distribution of heroin as well as possession of
an unlawful weapon.
What would police need to search the second located in the backseat of the car without
a search warrant?
a. consent
b. probable cause
c. preponderance of evidence
d. proof beyond a reasonable doubt
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 illegal weapon found in the vehicle is:
a. admissible as incident to the arrest of Caitlin.
b. admissible under the motor vehicle exception.
c. admissible as the product of an inventory search.
d. admissible under Alabama v. White.
If _____ statements are made or evidence discovered from consensual talks between
police and citizens, the statements or evidence may be used in criminal prosecutions.
a. inflammatory
b. incriminating
c. coerced
d. alibi
The right to confront and cross-examine witnesses is found in the Fifth Amendment.
a. True
b. False
The FBI’s national DNA database system is known as _____.
a. FICA
b. RFLP
c. CODIS
d. NDNADB
Case 15.3
Jack was arrested for punching Manny at a local sporting event. Jack had been drinking
and was very angry that he was arrested for something that “was really not such a big
deal.” Manny was his friend and Jack thought he would not press charges.
Unfortunately, Manny was considering pressing charges as he had to get stitches on his
face and his nose had been broken. Jack blamed Manny for “overreacting” to the
incident. Manny contacted the police when Jack started making harassing phone calls,
demanding that Manny not press charges. Jack’s wife does not approve of his behavior
and records all of his phone calls, including those to Manny. The police also ask Manny
to record his calls and he records several conversations where Jack admits assaulting
Manny.
The recordings by Manny
a. are inadmissible because the police asked him to make the recordings without a
proper court order.
b. are admissible since the police avoid the Fourth Amendment by using a civilian.
c. are inadmissible since Jack did not consent to the recording.
d. are admissible since Manny, one of the parties to the call, consented.
Evidence is derived from proof.
a. True
b. False
If a defendant wants to plead guilty, the defendant must _____.
a. waive a number of rights
b. prove to the judge that s/he is not insane
c. be represented by an attorney
d. have agreed to a plea bargain
Prior to Crawford v. Washington, if a form of statement was traditionally recognized as
an exception to the hearsay rule it was also recognized as an exception to the _____.
a. Confrontation Clause
b. right to counsel
c. privilege against self-incrimination
d. right to notice of the charges
That quantum (amount) of evidence known as reasonable _____ is needed to authorize
an investigative detention,
a. conjecture
b. cause
c. suspicion
d. justification
Under the ancient documents rule in federal and some state courts, the document must
be at least _____ years old.
a. 10
b. 20
c. 30
d. 40
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.
At trial, the defense objects to the introduction of photographs of the store manager’s
injuries supported by the attending doctor’s verification of the accuracy of the
photographs. What response does the prosecutor have to this objection?
a. the inference of means, motive, and opportunity
b. prior bad acts
c. the doctrine of res ipsa loquitur
d. None, only a judge can review and evaluate evidence.
Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard
what sounded like screams coming from the home. After receiving no response when
they knocked on the front door, two police officers pushed in the door and found a
young man bleeding from a knife wound. After they called for an ambulance, one of the
officers proceeded to search the home to find out if there were any other victims or if
the assailant was in the home. After 20 minutes, the ambulance arrived and the police
officer had completed her search of the home without finding additional victims or the
assailant. During her search, she did see illegal drugs in plain view in one of the
bedrooms. The crime scene investigations unit responded, taking photographs of the
area of the knife attack, collecting blood samples, as well as fingerprints from the
immediate area. Investigation revealed that the victim, now in a coma, was the owner of
the home and lived alone. After evidence had been collected at the crime scene, the
police remained on-site for several days looking through closets and dresser drawers.
They found a bloody knife on the fourth day. The following week, a known burglar was
apprehended, trying to pawn property that turns out to be the property of the knife
assault victim.
The burglar is challenging the admissibility of the knife at trial. What is the likely
outcome?
a. The burglar will be successful since the police should have sought a warrant to
remain on the premises so long.
b. The burglar will only succeed if he admits guilt to the underlying crime.
c. The burglar has standing to make this objection.
d. The burglar will not succeed in this challenge.
The USA PATRIOT Act modified prior law on electronic eavesdropping.
a. True
b. False
Warrantless searches and seizures inside a home are presumptively (generally)
unreasonable under the Fourth Amendment.
a. True
b. False
Protective sweeps or safety checks may be conducted during a valid arrest on the basis
of _____.
a. probable cause
b. reasonable suspicion
c. clear and convincing evidence
d. subjective suspicion
Affirmative defenses include insanity, immunity, _____, and double jeopardy.
a. entrapment
b. incapacity
c. inadvertency
d. conspiracy
The Tenth Amendment to the U.S. Constitution states that powers not delegatedto the
United States are _____.
a. reserved to the States or the people.
b. automatically delegated to the federal government.
c. under joint jurisdiction by federal and state governments.
d. ruled by common law.
The United States _____ guarantees protection of the writ of habeas corpus.
a. Bill of Rights habeas corpus.
b. Constitution
c. Declaration of the Rights of Man
d. Magna Carta
An ordinary witness may give an opinion about _____.
a. things which are in the common knowledge of most people
b. things they have been told by another
c. their own competence to be a witness
d. whether their testimony is relevant
In cases where the voluntariness of a confession is challenged, courts will look at the
_____
a. corpus delicti
b. res gestae
c. totality of the circumstances
d. type of crime
When a significant period of time goes by between the improper conduct and the new
evidence, the U.S. Supreme Court has long held that the “_____” from the improper
conduct can be dissipated.
a. taint
b. consequences
c. repercussions
d. impact
Explain the biological theory underlying DNA testing and how such evidence is usually
presented in court.
The conduct or attitude of a witness is referred to as their “_____.”
A long delay in reporting a sexual assault could be a factor considered by a jury in
determining whether there was _____to the sexual act.
Delineate and discuss the duties of law enforcement agencies at the local, state and
federal levels.
Under American law, the defendant is entitled to the presumption of _____.
The right to an attorney at a ____________lineup was established by the Court in U.S.
v. Wade.
Discuss the cases in this chapter relevant to border searches. Why are border agents free
from the requirement of probable cause or particular suspicion? Do you believe there is
any “underlying” reason (besides drug interdiction) for these searches? If your answer is
yes, what do you think it might be? If no, why not?
To use bite-mark evidence, a chain of custody must be shown and an expert witness
must be used, such as a dentist with training and experience as a forensic
____________________.
Closely-____________________ businesses have less Fourth Amendment protection
than other businesses.
The ____________________ Amendment contains a privilege against
self-incrimination.
A(n) ___________ is an identification procedure in which only one subject is shown to
witnesses or the victim of a crime.
The _____ against self-incrimination is seen as crucial to our adversarial and
accusatorial system of justice.
Circumstantial evidence requires that the fact finder draw _____.
The term “____________________ circumstances” means emergency circumstances.
Fingerprints are ____________________ evidence of guilt.
Fingerprint evidence has been held to pass the ____________________ test adopted by
the Supreme Court for the admissibility of scientific evidence.
The primary purpose of the exclusionary rule is to deter _____ misconduct.
Prior to the Norman invasion of England, the use of _____ was a common method of
determining guilt or innocence.