The right to a speedy and public trial is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
The best evidence rule is also known as the original document rule.
a. True
b. False
Use of a drug-detection dog during a routine traffic stop in a public place does not
violate the Fourth Amendment if it does not _____.
a. require that the driver and passengers exit the vehicle
b. is used only in known drug-trafficking areas
c. act as the sole source of evidence of wrongdoing
d. increase the length of the stop
The right to subpoena witnesses is found in the Sixth Amendment.
a. True
b. False
Fingerprint evidence cannot pass the Daubert test.
a. True
b. False
In Schmerber v. California, the U.S. Supreme Court approved the hot-pursuit exception.
a. True
b. False
In Maryland v. Garrison, the U.S. Supreme Court recognized the importance of
allowing latitude for honest mistakes.
a. True
b. False
In the Fahy v. Connecticut case, the court noted that there was no prejudicial effect of
erroneously admitted evidence.
a. True
b. False
A written document cannot be considered hearsay evidence.
a. True
b. False
In a recent survey, it was found that all states use the Daubert for scientific validity.
a. True
b. False
Case 11.2
High school teacher Nolan Ackerman has been hearing rumors that students at his high
school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of
the school. He notices that Fred placed a large bag in his school locker when he thought
no one was looking. Fred also started to meet with his classmates at the locker and
furtively took money in exchange for small plastic bags he took out of the paper bag.
Johnny has an adjoining locker with stickers from bands that advocate rock n roll, as
well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker
for an inspection. When Fred grudgingly complied after demanding to see a search
warrant, Mr. Ackerman looked into the paper bag and found small plastic bags
containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred’s
friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well.
Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane,
who was standing nearby, protested, Mr. Ackerman told her to open her purse and she
refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He
then perused her text messages and saw that she had told her friends that she had
bought alcohol, though under age, and was having a party at her house later that week.
Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred,
Johnny and Jane to wait in his office while he called the police.
Was Mr. Ackerman’s review of Jane’s texts lawful?
a. Yes, the search was consistent with the Fourth Amendment.
b. No, school searches can only be conducted by law enforcement.
c. Yes, Mr. Ackerman had reasonable suspicion that Jane possessed illegal drugs. and
the text messages were “plain view” evidence.
d. No, Mr. Ackerman lacked reasonable suspicion.
The level of proof required in criminal cases is proof beyond a _____doubt.
a. rational
b. shadow of a
c. specific
d. reasonable
The corpus delicti rule requires that confessions be corroborated by accomplices.
a. True
b. False
Videotapes that are made when no person is present making the tape (e.g. security
camera that is not contemporaneously monitored) can be admitted through use of the
_____ witness method.
a. silent
b. absent
c. remote
d. conspicuous
Upon being called, a witness will first be subject to direct examination by the party that
called him or her.
a. True
b. False
Courts may disagree on the application of the good faith doctrine as illustrated in U.S.
v. McClain.
a. True
b. False
The Fourth Amendment generally does not apply to property that is voluntarily
abandoned.
a. True
b. False
The marital privilege does not apply when one spouse has committed a crime against
the other spouse.
a. True
b. False
Photographs and videotapes are demonstrative _____ because they portray
(demonstrate) objects, persons, or events not in the courtroom.
a. hearsay
b. articles
c. facts
d. evidence
The U.S. Supreme Court has specifically approved the use of vehicle checkpoints for
drug interdiction.
a. True
b. False
The oldest application of judicial notice is for _____.
a. matters generally known within the community or state
b. principles that are generally accepted by reputable scientists
c. the identity of defendants
d. published official records
The Massiah rule is based on the Fifth Amendment.
a. True
b. False
The dying declarations exception to the hearsay rule has been justified on the basis of
public necessity. statements against penal interest.
a. True
b. False
A defendant is found in possession of a very large quantity of illegal drugs. It is
permissible to draw the inference that the possession was _____.
a. with intent to deliver
b. due to insanity
c. unknowing
d. accidental
Which of the following is not a Fourth Amendment search or seizure?
a. Terry stop
b. Terry frisk
c. arrest
d. voluntary encounter
DNA samples have been used in identifying remains found of service members from
WW II, the Korean War and the Veitnam War.
a. True
b. False
The main danger in the present system of nontrial dispositions in the form of plea
bargains is that it ____.
a. is excessively punitive
b. takes excessive time and resources
c. is typically very inflexible
d. is informal and invisible
Generally, a piece of written or printed matter that conveys a message is a _____.
a. conveyance
b. document
c. transmission
d. declaration
Case 4.2
An undercover security officer at chain supermarket located in New Jersey watches a
suspicious male circling the liquor aisles with an empty shopping cart. The man waits
for other patrons to leave the area and places four bottles 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 where he is stopped by security. Security confronts the
man about the shoplifting and he begins to cause a scene. Police arrive on scene and the
security officer advises them that the suspect had been observed concealing four bottles
of vodka inside his jacket and was leaving the store without paying for them. The
suspect responds by saying that he simply forgot about the vodka in his jacket. He
produces the four bottles from his jacket. The security officer advises police that the
entire event was captured on their surveillance systems. The officers ask the suspect for
identification and he presents an out of state driver’s license which appears to the
officers to be altered. The police arrest the suspect and take possession of identification
and the four bottles of vodka. The suspect, who has identified himself as Mark Smith,
shouts that the arrest is unlawful. The security officer goes to the police station to
provide a statement and a copy of the surveillance video. Once at headquarters, the
police are able to confirm that the identification was fraudulent and the suspect’s true
identity was David Gray and that Mr. Gray had numerous outstanding warrants for
similar charges throughout the state. While inventorying Mr. Gray’s personal property, it
was determined that he had only twenty dollars in cash and no credit cards, thereby
having no means to have paid for the vodka, valued at eighty dollars a bottle.
Additionally the suspect’s jacket had several concealed interior pockets sewn into the
lining.
During the trial the police officer testifies that the defendant knew he was guilty
because he remained silent and refused to respond to Miranda warnings or standard
booking questions after he was arrested. The defense attorney objects to the
introduction of the defendant’s previous silence based on _____.
a. impermissible inference
b. affirmative defense
c. writ of habeas corpus
d. permissible inference
United States v. Buchanon found that the best evidence rule did not just apply to
writing.
a. True
b. False
One set of exceptions to the warrant requirement involves exigent circumstances.
a. True
b. False
According to a 2008 Nebraska Law Review article, more than _____ percent of
eyewitness testimony is mistaken identification.
a. 20
b. 30
c. 40
d. 50
In the Kuhmo Tire Co. case, the Supreme Court held that the Daubert test was
applicable to ____________________ evidence as well as scientific evidence.
_____________ does not apply to routine booking questions.
Describe the 1970 California Supreme Court decision that defines “general knowledge”
in reference to judicial notice.
Discuss, define, compare, and contrast the law on the permissibility of ordinary and
expert witnesses to give their opinions. Be sure to provide examples.
One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is
the _____ source doctrine.
The ________”client privilege was the first privilege recognized at common law.
Review the Nix v. Williams case and respond to the following: do you feel that the
Supreme Court made the correct assumption in stating that the searchers probably
would have found the deceased girl’s body even without the information provided by
Williams? If the Supreme Court had ruled that the subsequent discovery of the body
and related evidence was fruit of the poisonous tree would justice have been served?
Why or why not?
Should there be a universal acceptance of a parent-child privilege? Why or why not?
What are the principal methods used at trial to test the testimony of witnesses?How
does allowing hearsay interfere with those methods?
What is the police”informant privilege? What is its rationale, and what are some
exceptions to this privilege?
The area immediately around a house such as the yard is called the _____.
In a single criminal trial, the _____________ rule generally involves situations where
there are multiple defendants involved in a single criminal defense.
In the 1980s, after Frye but before Daubert, the ____________________ test was used.
____________________ stops are utilized thousands of times annually for drivers that
are speeding or have equipment violations.
The _____________ exception to Miranda was established in N.Y. v. Quarles.
Is a motorist who is stopped by the police for a traffic violation, under normal
circumstances, considered being in custody”? Why or why not?
Under the Sixth Amendment, the defendant has a right to ______ and cross-examine
witnesses.