Unless they are the victim of a crime or an eyewitness, a child under the age of twelve
can never be a competent witness.
a. True
b. False
In United States v. Duongthe court held that if a rental vehicle is abandoned, _____.
a. the person listed as the driver has no reasonable expectation of privacy for property
left in the vehicle
b. the vehicle and the property in it cannot be seized until 72 hours after the police find
it
c. the police must obtain permission of the rental company before seizing it and consent
from the person listed as the driver
d. the police may move the vehicle to a safe location but must obtain a search warrant
before searching it
DNA is available in about _____ percent of the crimes committed.
a. 10
b. 20
c. 30
d. 40
In Mapp v. Ohio, the U.S. Supreme Court made the federal exclusionary rule binding on
the states.
a. True
b. False
A showup cannot be used in emergency situations, such as a dying victim.
a. True
b. False
The privilege against self-incrimination, which includes the right of a defendant not to
testify, is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Statements offered to show knowledge, feelings, state of mind, or effect on the hearer
are not hearsay.
a. True
b. False
Case 10.2
Police respond to a 911 call from a female caller reporting a domestic violence incident.
The victim/caller meets the responding officers at the door and invites them inside her
home. Once inside, the officers observe evidence of a physical altercation with broken
furniture. The victim reports that her boyfriend, with whom she lives, left after
slamming her into the wall and threatening to kill her. The victim reports that every
time her boyfriend gets wasted, he gets violent. She then tells the police that he left his
bag of drugs on their bed and she wants them and her boy friend out of the house. The
victim leads the police to bedroom and points to clear plastic with what appears to
contain methamphetamine. Police seize the drugs. The victim requests and receives a
temporary restraining order against the boyfriend. The boyfriend is subsequently
arrested and charged with assault and terroristic threats along with possession of
methamphetamine.
Suppose the drugs were in a locked cabinet in the garage to which the female victim did
not have access. Could she give consent allowing the officers search the closet and
seize the drugs?
a. Yes, because of the inevitable discovery rule.
b. No, because the area is not under common authority.
c. Yes, because she is the victim of domestic violence.
d. No, because of the domestic partnership rule.
A criminal defendant’s right to confront and cross-examine witnesses is found in the
_____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Seventh
The privilege against self-incrimination is found in the Fifth Amendment.
a. True
b. False
Which matter describes a firmly rooted hearsay exception in the law of evidence?
a. excited utterance
b. statement of an accomplice
c. personal diaries
d. statements made while mentally incompetent
Between January, 2004 and June 2012, about _____ percent of the 4.4 million stop and
frisk encounters in New York City involved blacks or Hispanics.
a. 60
b. 70
c. 80
d. 90
In the case of government employees, courts generally hold that the employee has no
legitimate expectation of privacy in a _____ used in that employment.
a. computer
b. purse
c. locked file cabinet
d. briefcase
In Dickerson v. U.S. (2000), the U.S. Supreme Court held that Congress _____.
a. cannot overrule Miranda
b. can overrule Miranda in state courts
c. cannot overrule Miranda unless it uses its power to regulate commerce
d. can overrule Miranda in federal courts
An anonymous phone call alone cannot create reasonable suspicion.
a. True
b. False
The doctrine making the exclusionary rule applicable to evidence obtained indirectly
from unconstitutional police conduct is termed the _____ doctrine.
a. dissipation of taint
b. attenuation
c. fruit of the poisonous tree
d. inevitable discovery
The Confrontation Clause applies in civil cases.
a. True
b. False
The “hot-pursuit” exception to the warrant requirement does not apply to homes.
a. True
b. False
The general rule that only the original of a document (and not a copy) is admissible is
called the _____ rule.
a. best evidence
b. primary evidence
c. con compos mentos
d. res ipsa loquitur
In England, before the Norman invasion of 1066, guilt or innocence was determined
by_____.
a. presentment juries
b. oaths and oath-helpers
c. petit juries
d. ordeals
The Fifth Amendment does not protect incriminatory documents about the crime
created before the crime was committed.
a. True
b. False
If there is more than one witness at a lineup, the witnesses should be allowed to confer
before making their identification.
a. True
b. False
The 1603 trial of William Penn sparked interest in reforming the law of hearsay.
a. True
b. False
There are no exceptions to the hearsay rule in the Federal Rules of Evidence.
a. True
b. False
A defendant must have _____ to legally challenge the admissibility of evidence under
the Fourth Amendment.
a. taciturnity
b. standing
c. compulsion
d. implied consent
In Wong Sun v. U.S., the Supreme Court concluded that the taint had been dissipated
over the period of several days and the confession was admissible.
a. True
b. False
Case 17.1
Shelbyville city police heard rumors that Jack and his brother John were involved in
illegal sports betting. To avoid the police, the brothers supposedly moved from location
to location and operated an active betting office with several employees, generally from
hotel rooms. The police received a call from a disgruntled bettor that the mobile betting
parlor would be set up next Wednesday. The cooperative bettor agreed to allow police
officers to install hidden microphones and video cameras in his home, and promised to
offer Jack and John the use his of home in exchange for a break on his gambling debt.
John also had a legitimate job at a local carwash and the surveillance technicians snuck
into the carwash to plant an additional microphone in his private office to try and
confirm details of the betting operation. As it turned out, John did not talk about his
gambling job at the carwash, though several of the other employees did use his office
when he was out to talk about how they were embezzling money from the business. As
it turned out, Jack and John did set up the gambling parlor at the house. Over the next
several days, Jack and John conducted illegal betting operations that were recorded both
with the microphone and with the video camera. Both men were arrested for violation
of state law, which prohibited such gambling operations. Julie and Deborah were also
arrested for embezzlement at the carwash the same day based on their incriminating
statements in John’s office. Additionally, the industrious surveillance technicians also
filmed Maggie entering and leaving the house in which the gambling parlor had been
set up from their surveillance van in the street. She was arrested for illegal gambling.
Julie and Deborah are also not happy about losing their job at the carwash or being
charged with embezzlement. If they challenge admissibility of the surveillance
evidence,
a. they will succeed since the police did not secure a search warrant.
b. the evidence will be admitted since the recordings did not take place at their homes.
c. the evidence will be admitted because employees have no reasonable expectation of
privacy at the workplace.
d. they will succeed since embezzlement is not considered workplace-related
misconduct at a carwash.
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.
Generally, evidence from a crime scene that is relevant to prove guilt or innocence
a. requires all persons who had possession of the evidence be available to appear as
witnesses testify the evidence has not been tampered with.
b. requires proof beyond a reasonable doubt that the evidence was not tampered with.
c. must have an evidence tag.
d. requires the defendant to prove the evidence is genuine and authentic.
Questioning of a witness by the opponent of the party that called that witness is called
_____-examination.
a. cross
b. didactic
c. critical
d. skeptical
Circumstantial evidence frequently takes the form of showing that the defendant had
means, opportunity, and _____.
a. the required tools
b. sufficient criminal knowledge
c. a prior criminal record
d. motive
Requiring convicted persons in correctional counseling programs to admit to any other
crimes is a violation of the Fifth Amendment.
a. True
b. False
The silent witness method is used to authenticate ____________________ evidence.
In Illinois v. ____________________, the Court upheld a roadblock to gather
information about a hit-and-run accident in that area
Relevant, reliable evidence may be inadmissible if it is _____.
A suspect is entitled to Miranda warnings only if they are in _____________ and are
being interrogated by government officials.
A warrant that excuses the usual knock, announce, and wait requirements for execution
is called a _____________ warrant.
Define and discuss the “14 day Rule”.
Explain and discuss how exceptions to the hearsay rule endanger the Sixth Amendment
right to confrontation. Be sure to provide examples.
The rules of _____ determine what information can be presented to the judge and/or
jury.
If a witness testifies at a trial and can be cross-examined concerning an earlier
statement made by the witness, the statement is not hearsay if statement is _____ with
the present testimony of the witness and was given under oath at a previous trial,
hearing, or deposition.
Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert
rule.