Federal statutes give federal employees a privilege not to reveal _____.
a. their employment by a government agency
b. communications from foreign governments
c. communications between embassy employees
d. military or diplomatic secrets vital to national security
Circumstantial evidence is evidence that proves a fact in issue _____.
a. indirectly or by inference
b. directly by eyewitness testimony
c. only by the use of presumptions
d. by contradicting other evidence
In U.S. v. Ritter, the courts greatly expanded the circumstances in which the honest
mistake rule can be applied.
a. True
b. False
The courts have held that protective sweeps are not a violation of the Fourth
Amendment.
a. True
b. False
A conviction obtained by the knowing use of false evidence or testimony violates due
process and will be reversed.
a. True
b. False
Proof is demonstrated by _____.
a. evidence
b. deductions
c. inductions
d. jury instructions
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.
At trial, the defense argued that the search was unlawful as it was conducted without a
warrant and therefore, the evidence leading to the defendant’s arrest should be excluded.
Is the defense correct with their assertion regarding the validity of the search and
request for the exclusion of the evidence?
a. The defense’s claim is correct. The search was unlawful therefore the evidence should
be excluded.
b. The defense’s claim is not correct. The search was not subject to the exclusionary rule
as it was conducted by a private individual.
c. The defense’s claim is correct because the store failed to give the man the opportunity
to pay for the vodka after having paid for the potatoes.
d. The defense’s claim is not correct because the search was conducted in a public place
where privacy is not expected.
Police may enter open fields without a warrant because _____.
a. the exclusionary rule does not apply
b. open fields are deemed common property
c. open fields are not property
d. open fields have no reasonable expectation of privacy
Due process requires that criminal guilt be proven by the government beyond a
reasonable doubt.
a. True
b. False
Children may testify only if _____.
a. they are a minimum of ten years of age
b. a psychologist testifies that they understand the obligation to tell the truth
c. the judge allows them to testify after the child is questioned (voir dire)
d. they have competed the first grade
The privilege against self-incrimination is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
When photographs taken by a police officer are offered as evidence, the officer must
establish a proper _____ for the photograph.
a. foundation
b. basis
c. rationale
d. authorization
Case 12.2
A 16-year-old male suspect is detained and questioned by his school principal regarding
drugs found in his school locker. The boy confesses to supplying small quantities of
drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The
principal advises the juvenile detectives of the boy’s confession. The detectives
transport the juvenile to the police station where he is placed in a juvenile interview
room. The detectives are familiar with the juvenile as he has two prior arrests for theft.
The detectives attempt to reach the juvenile’s parents without success. The juvenile
detectives provide the boy with his Miranda warning which he indicates that he
understands. He is then questioned regarding the drugs and from whom he has been
obtaining the drugs to sell at school. The juvenile repeats his previous confession he
gave to the principal. He remains silent in response to questions regarding who his
supplier is stating “I’m not a snitch. I am not talking about anyone else.” The detectives
then advise him that another high school student overdosed and died from the same
drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his
parents. The boy’s parents arrive at headquarters three hours later and tell him not to
answer any more questions. The suspect is charged on juvenile delinquency complaints
for the possession and distribution of drugs on school property. He is released to his
parents pending his court appearance.
Which of the following is not a factor to consider in determining whether juveniles
made their statements voluntarily and whether they voluntarily waived their rights
under the Self-Incrimination Clause following a Miranda warning?
a. the presence or absence of parents during questioning
b. the gender of the juvenile
c. the age of the juvenile
d. the experience of the juvenile
If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was
obtained in violation of the Constitution), such evidence is said to be _____.
a. precluded
b. incompetent
c. inconsequential
d. indefatigable
Non-relevant evidence is generally admissible.
a. True
b. False
The trial judge determines the _____ of a witness.
a. recross
b. competence
c. redirect
d. didactic
Videotaping events that _____ is not covered by the Fourth Amendment.
a. occur in a home
b. happen in a public place
c. happen inside a motel or hotel room
d. involve only minors
Under Daubert, the central issue for scientific evidence is the _____ of the theory and
testing on which the conclusions are based.
a. repeatability
b. validity
c. scrutiny
d. reliability
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.
Mary challenges the search warrant as unconstitutional. She may succeed because:
a. the evidence presented to the magistrate did not amount to probable cause.
b. only the United States Army had authorization to investigate the case.
c. the search warrant did not adequately describe the things to be seized.
d. the affidavit was based on the word of a confidential informant.
In 1993, in Daubert v. _____ , the U.S. Supreme Court rejected theFrye test for federal
courts.
a. Dow Chemical Co.
b. Merrill Dow Pharmaceuticals
c. Phillip Morris, Inc.
d. Siemens, Inc.
In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.
a. True
b. False
The _____ Amendment protects persons from being forced to produce and authenticate
any documents that are incriminating.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
_______ businesses may conduct drug testing of employees without fear of Fourth
Amendment violation.
a. Any private
b. Only potentially dangerous private
c. Only non-sensitive private
d. Only security-related private
If a witness is shown only a single photograph and identifies the person in the photo as
the perpetrator, the identification _____.
a. may be suppressed because it is too suggestive
b. will always be suppressed unless the defendant’s attorney was present
c. will not be suppressed if the defendant waives the privilege against self-incrimination
d. cannot be admitted
In the definition of hearsay, the declarant is the person who originally made the
statement and is not on the witness stand.
a. True
b. False
_________ is ordinarily defined as the means of establishing and proving the truthor
untruth of any fact that is alleged.
a. Evidence
b. Proof
c. Presumption
d. Diligence
To fall within the hearsay rule, the declarant’s statement must be a(n) _____ statement.
a. oral
b. written
c. interrogatory
d. assertive
Case 14.1
Officer Jamison is on patrol in his typical neighborhood, when he notices a young
woman standing alone near the local bank. When she sees his patrol car, she turns
around and starts walking in the other direction. Officer Jamison pulls up alongside the
young woman and notices that she has quite a few tattoos on her arms and is clutching a
paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he
could have a word with her. She stops and stares at the officer, but says nothing. When
Officer Jamison asks for her identification, she begins to walk away. Officer Jamison
does not recognize the woman and has a hunch that she may have drugs or other
contraband in the paper bag. He then tells the young woman, “Halt. What are you doing
in this neighborhood and why won”t you tell me who you are?” When she fails to
comply, Jamison steps in her path and crosses his arms, saying, “Young lady, I asked
you a fair question. So, will you please answer me?” At this time, she reverses course
and starts to walk the other way down the open sidewalk.
Could a judge determine that stepping in front of the young woman constituted an
investigative detention?
a. If the young woman believes she was not free to go.
b. Only if a reasonable person would have believed they were not free to go.
c. Only if the young woman does not have any illegal drugs in the bag.
d. If witnesses suspected the young woman possessed drugs in the bag.
Case 17.2
Andy works at the local convenience store, which has video cameras installed in the
main area of the store and the back parking lot for security purposes. Andy does not
realize that there are also several video cameras installed in the break room. On one
particular Saturday, Andy waits until no one is in the break room and goes there to
count the money he has stolen from the cash register. He scrupulously logs the amount
of money in a notebook and hides the notebook behind the microwave in the break
room. Later that day, Andy goes out back to the parking lot for a smoke and sees several
young hooligans vandalizing a car parked behind the convenience store. Andy shouts at
them and the young women run away. After Andy calls the police about the damaged
Yugo, he tells the police there is a camera covering the back lot that may have captured
images of the women damaging the car. When the police review the videotapes for that
day, they do get clear images of the vandals, but, to Andy’s surprise, they also see him
counting money in the break room. Andy is arrested for embezzlement and the Sweeney
girls are arrested for vandalism.
If the videotape of Andy is determined to be admissible, the notebook will
a. not be admissible since it is redundant and cumulative evidence.
b. be admissible if shown to be genuine and authentic.
c. be admissible unless Andy objects.
d. be considered business records outside the Fourth Amendment.
Case 9.1
Police stop Bill Stoner, a known drug dealer, for operating a vehicle with no tail lights,
after he is observed pulling away from a parking lot in a high crime area know for drug
transactions. Bill appears extremely nervous as he speaks with the officers. The primary
officer requests the registration and insurance card for the vehicle. As Sam opens the
glove box to retrieve the paperwork, the cover officer spots a hollow point bullets in the
glove box. She notifies her partner and Sam is immediately removed from the car and
frisked for possible weapons. The officer finds a loaded handgun in Bill’s waist band
and he placed under arrest. As the cover officer is securing the bullets, she notices Bill’s
cell phone on the front seat buzzing. She opens the phone and views multiple texts from
Donny Bosco warning Bill that “The cops are in the area get my bag of weed and coke
out of your trunk.” The officers secure Bill in the patrol car and search the trunk of
Bill’s car. In the trunk they find a large black duffle bag containing two pounds of
marijuana and two kilograms of cocaine.
Bill is transported back to headquarters and placed in an interrogation room. The
arresting officer shows the duffle bag full of drugs to Bill and tells him “you’re going
away for a long time unless you talk”. Bill is questioned about his association with
Donny Bosco and his part in the distribution of drugs. Bill completes and signs a
Miranda waiver form and then provides a videotaped confession in which he criminally
implicates Donny Bosco as the drug distribution leader. In addition to the charges
against Bill Stoner, Donny Bosco is indicted on several felony drug tracking charges.
At trial Bill Stoner’s defense attorney attempts to have the initial motor vehicle stop
suppressed. If the initial motor vehicle stop is found to be improper would the
subsequent discovery of bullets and gun excluded?
a. No, because motor vehicle stops are not covered by the Fourth Amendment or the
exclusionary rule.
b. No, based upon the independent source doctrine, the gun and bullets would have
been discovered through independent simultaneous investigative actions.
c. Yes, but only because the officers did not immediately Mirandize Bill.
d. Yes, because motor vehicle stops are covered by the Fourth Amendment and the
exclusionary rule.
Plea bargaining may involve substituting a guilty plea to one offense for a trial on
_____ offenses
a. petty
b. multiple
c. misdemeanor
d. felony
Child pornography web sites generate more than $3 billion annually of illegal money.
a. True
b. False
____________________ suspicion is therefore more than a hunch, a gut reaction, or
mere suspicion.
The Supreme Court held in Fellers v. U.S. that once the _____________ Amendment’s
right to counsel attached, statements made by the defendant must be excluded if the
police “deliberately elicited” incriminating information from the defendant.
In _____, the U.S. Supreme Court held that a showup held two days after a crime in a
hospital was permissible because the witness was in critical condition.
The federal DNA act was amended in 2006 to require persons arrested for
____________________to submit DNA samples, and 24 states have passed similar
laws.
Discuss the pros and cons of possible bail outcomes from a prosecutorial and defense
attorney position.
To be admissible, testimony must be relevant, competent, and _____.
Discuss e-mail in terms of evidence collection.
Brief investigative detentions based on reasonable suspicion are referred to as
_____________________ stops.
Electronically listening to conversations over the traditional telephone is called
____________________.
The Fourth Amendment requires that assertions of facts in the warrant application be
supported by oath or ____________________.
Rule 702 has already resulted in changes in how ____________________ evidence is
received.
To have protection against government videotaping, the suspect must have a
____________________ expectation of privacy in the place where the taping is
occurring.
Inventory searches are ____________________-type searches, not searches for
incriminating evidence or weapons.
Under the _____ rule, the prosecution must disclose to the accused any evidence which
is favorable to the accused.
Discuss the arguments for and against the exclusionary rule. Be sure to provide
examples. Explain your position on the exclusionary rule.
A person admitting the commission of a crime is making a statement against _____.
The Massiah rule is based on the _____________ Amendment.
In the Federal Rules of Evidence, one form of statement that is specifically excluded
from the definition of hearsay is a(n) _____________ by a party-opponent.
The leading U.S. Supreme Court case on due process and eyewitness testimony isNeil
v._____________.