The U.S. Supreme Court has created a(n) _____ exception to Miranda.
a. totality of the circumstances
b. public safety
c. terrorist
d. conspicuous absence
In general, searches of property of public school students by school officials on school
property can be conducted on reasonable suspicion.
a. True
b. False
A(n) _____ search can be made if an officer who has made a valid investigative stop
has reasonable suspicion to believe that the suspect “may be armed and presently
dangerous.”
a. protective
b. preventive
c. defensive
d. emergency
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 is the level of proof needed for the officer to search the bag?
a. None, as the bag was abandoned property
b. Probable cause
c. A preponderance of evidence
d. The officer’s mere suspicion
Case 16.3
The murder weapon has finally been recovered in Detective Smith’s case. The deceased
had been shot and shell casings found at the scene matched a .457 Magnum located
today in an alley near the crime scene. Forensics has confirmed that the shell casings
found at the crime scene were fired from this handgun. Fingerprints were found on the
handgun.
The shell casings found at the crime scene
a. are not subject to the chain of custody requirement.
b. generally will not be tested for fingerprint evidence.
c. are only admissible if fingerprints found on the casings match fingerprints on the
weapon itself.
d. must have been seized consistent with the Fourth Amendment.
A nolo contendere plea is the same as a not guilty plea.
a. True
b. False
The attorney”client privilege does not apply to communications made for the purpose of
getting advice to commit a crime or fraud.
a. True
b. False
Individuals have no expectation of privacy for original checks and deposit slips.
a. True
b. False
The _____ of a search made at a crime scene is a factor in determining the
reasonableness of the search.
a. purpose
b. intrusiveness
c. duration
d. thoroughness
The plain view or public view doctrine does not apply to documents or writings.
a. True
b. False
The National Institute of Justice reports that over 75,000 individuals annually go to trial
based on eyewitness testimony.
a. True
b. False
Under American law, the defendant is presumed innocent and the government must
prove guilt _____.
a. by a preponderance of the evidence
b. to a moral certainty
c. beyond a reasonable doubt
d. by clear and convincing evidence
Unlike the United States, most European democracies _____.
a. use the inquisitorial system
b. give prosecutors less discretion
c. give defendants more protections
d. rely less on confessions
Eyewitness identifications are extremely reliable.
a. True
b. False
In the absence of a confession or admission, intent must usually be proven by
circumstantial evidence.
a. True
b. False
Many states have adopted a good _____ exception that permits the use of evidence
because of a mistake by a judge, prosecutor, police dispatcher, or computer.
a. outcome
b. rationale
c. purpose
d. faith
Under the _____ rule, a conviction cannot be based solely on an uncorroborated
confession.
a. corpus delicti
b. habeas corpus
c. res ipsa loquitur
d. Bruton
Under the Fourth Amendment, a person has been seized when a(n) _____ personunder
the circumstances would conclude that they are not free to leave.
a. objectively reasonable
b. reasonable
c. mentally competent
d. sagacious
In both the O.J. Simpson criminal trial and the Jimmy Hoffa disappearance, DNA
carried the burden of truth.
a. True
b. False
With regard to eyewitness identification procedures, due process requirements of
fairness require that _____.
a. there be no suggestiveness in the procedure
b. the defendant’s attorney be present
c. the identification be reliable, even though it may have had some elements of
suggestiveness
d. lineups be used at trial to identify the perpetrator
Case 16.3
The murder weapon has finally been recovered in Detective Smith’s case. The deceased
had been shot and shell casings found at the scene matched a .457 Magnum located
today in an alley near the crime scene. Forensics has confirmed that the shell casings
found at the crime scene were fired from this handgun. Fingerprints were found on the
handgun.
If the fingerprint evidence is challenged,
a. the comparison of latent fingerprints rather than rolled fingerprints is better for the
prosecution.
b. expert testimony is only necessary if the FBI is involved.
c. meeting the Daubert test should ensure the fingerprint evidence will be considered
reliable and admissible.
d. only the chain of custody can be attacked.
Most investigative detentions are supported by reasonable_____, and occur over a
reasonable short period of time.
a. inference
b. experience
c. intuition
d. suspicion
There are no exceptions to the hearsay rule in the Federal Rules of Evidence.
a. True
b. False
When one spouse has _____, marital privilege does not apply.
a. committed a crime against the other
b. been unfaithful to the other
c. committed a crime
d. been married before
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.
In the above scenario, did Officer Smith’s pre-Miranda questioning of the suspect
regarding the location of the location of the gun violate the Fifth Amendment?
a. Yes, in New York v. Quarles (1984), the U.S. Supreme Court established the public
safety exception to the Fifth Amendment for cases wherethe safety of the officer or
public would be potentially threatened.
b. No, in New York v. Quarles (1984), the U.S. Supreme Court overturned thepublic
safety exception to the Fifth Amendment.
c. Yes, the U.S. Supreme Court overturned the public safety exception to theFifth
Amendment for cases where the safety of the officer or public would bepotentially
threatened in Mapp v. Ohio.
d. No, as the U.S. Supreme Court established the public safety exception to theFifth
Amendment for cases where the safety of the officer or public would bepotentially
threatened in New York v. Quarles.
The principal means courts use to guard against the risks of Hearsay are the
requirements that the witness testify under oath, which helps ensure reliability, and that
the witness be available for _____.
a. civil proceedings
b. grand jury examination
c. polygraph examination
d. cross examination
The government cannot force a suspect to produce a document that _____ the suspect.
a. vindicates
b. incriminates
c. frames
d. excuses
Adult witnesses are presumed to be competent witnesses.
a. True
b. False
As a general rule, a search warrant is _____ necessary to search a public employee’s
workplace (desk, files, and so on) to investigate work-related misconduct.
a. not
b. always
c. sometimes
d. federally
The hearsay exceptions, reliable or not, can no longer be used as a(n) _____for
cross-examination under the Confrontation Clause for “testimonial” statements.
a. substitute
b. limitation
c. modifier
d. exclusion
In the U.S., most felony cases will ultimately be disposed of by a jury trial.
a. True
b. False
Case 11.1
Janet is a successful Colorado entrepreneur and has recently decided to open a
recreational marijuana sales business in Denver, “High and Mighty.” The state and
county require operators of such businesses to acquire a license, hold a public meeting
coordinated with the local and state license board, and other special procedures for this
new and highly regulated enterprise. One holiday weekend, Detective Jones stops in
and informs Janet that he is conducting a surprise inspection of the business to
determine if Janet is complying with state record-keeping laws and other rules ensuring
that minors are not being permitted to purchase the recreational marijuana. Janet has
never been the subject of such a search and is concerned the detective’s presence will
scare away customers. There are 20 customers in line, waiting to purchase recreational
marijuana. Detective Jones enters the store over Janet’s objection and despite her
request that he produce a search warrant. He enters her office and reviews her
paperwork relevant to state record-keeping laws. He notes several irregularities and
documents them. When Detective Jones returns to the sales area, he finds that Janet and
her staff have continued to serve customers while he was in the office. Detective Jones
checks the ID of several people who have made purchases and finds that two of them
are under age under state law to purchase marijuana. While Detective Jones is checking
IDs, one of the patrons (Bobby) waiting to buy marijuana says, “Man, I can”t believe
this guy is giving us such a hard time. What a bummer!” Detective Jones directs this
man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones
arrests Bobby for possession of cocaine, cites Janet for violating state law for poor
record-keeping and charges her with providing marijuana to underage patrons.
If Janet chose to challenge the search, which amendment would she invoke?
a. Second
b. Fourth
c. Sixth
d. Eighth
Using a single photograph to obtain identification always violates due process.
a. True
b. False
The U.S. Supreme Court has held that trial judges must give juries a strict definition of
proof beyond a reasonable doubt.
a. True
b. False
Define the various ways a defendant can be identified as the perpetrator of a crime in a
criminal courtroom.
Discuss overheard conversations in terms of evidence collection.
A state prisoner ordinarily uses a writ of _____us in attempting to get his or her case
into the federal courts.
Discuss fully the scope of the privilege against self-incrimination. Be sure to provide
examples.
Describe four Fourth Amendment requirements for the issuance of valid search
warrants. Provide examples of each.
If a person is engaging in conduct that is not meant to _____, this would generally not
be treated as hearsay.
Discuss the obstacles to obtaining evidence in foreign countries. How can the U.S.
gather information and evidence in another country? Include the MLATS as part of this
discussion.
Describe and discuss the Sixth Amendment rights of defendants with regard to
witnesses.
If a person validly and voluntarily _____ their property, they give up all Fourth
Amendment protection for that property.
Presenting _____ is the means of proving the existence or non-existence of a disputed
fact.
The corpus _____________ rule requires that confessions be corroborated.
The formal charging document issued by a grand jury is called a(n) _____.
_____ fields have less Fourth Amendment protection than the home.
_____ is the result of evidence.
In United States v. Knights, the U.S. Supreme Court held that person on probation has
a(n) ____________________ privacy interest that permits search based only on
reasonable suspicion of criminal activity.
Following the filing of a criminal complaint, the judge or magistrate may issue an arrest
_____.
A “best practice” includes a _____ review of evidence.
An inference of _____should not be drawn when a defendant or suspect asserts the
Fifth Amendment privilege against self-incrimination. nation of guilt?
The American system of criminal justice is an adversarial one, not a(n) _____ one like
many European democracies have.
Forensic ____________________ uses evidence about insects to help solve cases.