In hearsay testimony, the person on the witness stand _____.
a. is also the out-of-court declarant
b. is not under oath
c. will be immune from perjury
d. did not personally witness the event
The U.S. Supreme Court has held that random drug testing for government-related
employees are _____.
a. constitutional for those in heavily regulated industries
b. constitutional only if there is reasonable suspicion
c. unconstitutional under the Fourth Amendment
d. unconstitutional because they violate the privilege against self-incrimination
Police should always attempt to find additional evidence to corroborate the
identification made by an eyewitness.
a. True
b. False
The exclusionary rule applies to evidence obtained _____ police misconduct.
a. only directly from
b. as a natural consequence of
c. in association with
d. directly or indirectly from
Which of the following warnings is not required by Miranda?
a. right to remain silent
b. right to an attorney
c. statements may be used against suspect
d. suspect has a right to terminate interrogation at any time
Many states have a _____ privilege for journalists, meaning a journalist can refuse to
disclose sources, but must make available other information acquired through reporting
activities.
a. administrative
b. qualified
c. subjective
d. absolute
With respect to the expectation of privacy in hotel rooms, courts have held that there is
a reasonable expectation of privacy _____.
a. only if the individual will be there for at least 7 days
b. even if the person who rented the room is not present
c. even when the check-out time has passed without an extension
d. even though the residence is not expected to be a permanent one
Case 4.3
Police respond to the scene of an apparent arson incident which involved a vacant
commercial office building. The fire was discovered by a passing patrol unit shortly
after it had started. The initial officers on scene found all exterior doors looked and
entry was forced to check for potential victims. Fire officials report signs and evidence
of accelerants near each stairwell. Additionally they find an empty kerosene can outside
the structure in the bushes by the property line. A premises history reveals that the
property has been vacant for almost a year and has been for sale twice as long. Town
records show several denied zoning and building adjustment applications over the past
two years. There are numerous property maintenance violations for the property as well.
Detectives following up on the case find property owner Slim Shady uncooperative. He
claims he knows nothing about the fire and that he was at home the entire night.
Background investigations reveal that Mr. Shady also operates Shady Paint and
Flooring Service. He owns a working van with the markings “Shady Paint and
Flooring.” Detectives also discover that Mr. Shady increased his insurance of the
incident property six months prior to the fire.
Detectives run Mr. Shady and his vehicle through shared law enforcement data bases
and discover that Mr. Shady was pulled over for speeding two towns away 20 minutes
prior to the discovery of the fire. Detectives also retrieve surveillance videos from
several gas stations and banks between the fire scene and his home. From these videos
and time stamps detectives trace Mr. Shady and his vehicle to and from the crime scene
before and immediately after the fire. At trial, this information would be considered?
a. exculpatory
b. direct
c. circumstantial
d. indirect
The two major types of DNA tests are PCR and RFLP.
a. True
b. False
The federal government has a privilege not to disclose military or diplomatic secrets
vital to national security.
a. True
b. False
Case 2.2
New Jersey State Police incept a truck load of marijuana at during a truck enforcement
detail. The truck operator, Bill Smith is arrested. The ensuing investigation reveals that
the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned
by Mick Stoner. As a result of joint investigation involving the New Jersey State Police
and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and
charged with the manufacture and distribution of a controlled or dangerous substance.
Which agency would charge Mick Stoner?
a. the New Jersey State Police, as that is where the drugs were discovered.
b. the Denver Police, because that is where the drugs were manufactured and shipped
from
c. The Colorado State Patrol, because of the interstate commerce clause of the U.S.
Constitution
d. The Drug Enforcement Agency (DEA), because the manufacture of marijuana is
legal in Colorado, but it is a federal crime for which the DEA has jurisdiction
The states and federal government _____.
a. all use the same rules of evidence
b. all have created the same crimes
c. use the same court system
d. have established 51 different criminal codes
_____ are reasonable conclusions that fact finders (juries or judges) may draw from the
evidence presented to them.
a. Convictions
b. Deductions.
c. Inferences
d. Determinations
Voiceprints are voice graphs made on a spectrograph that analyzes voice recordings
based on intensity, frequency and time gaps.
a. True
b. False
The rules of evidence _____.
a. determine what information will be available to the judge or jury at trial
b. dictate who can be selected for jury duty
c. specify the punishment for crimes
d. require that all defendants have access to habeas corpus
Defendants who decide to testify at their trial _____.
a. may not be cross-examined
b. may not be prosecuted for perjury
c. may be cross-examined
d. do not have to take an oath to tell the truth
In the U.S., the overwhelming majority of persons charged with felonies ultimately will
plead _____.
a. not guilty
b. guilty
c. no contest
d. double jeopardy
CODIS is the FBI’s national DNA database.
a. True
b. False
The Federal Rules of Evidence contain at more than 20 exceptions to the rule against
hearsay.
a. True
b. False
Use of the exclusionary rule to exclude unreliable evidence could help protect innocent
people from being convicted.
a. True
b. False
The chance of misidentification is 1.56 times less likely where the witness and the
suspect are members of a different race.
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.
Can Detective Jones enter and search “High and Mighty” to ensure and enforce
compliance with marijuana recreational sales regulations without a search warrant?
a. No, a search warrant is required from a neutral and detached magistrate with
experience in marijuana cases.
b. No, unless Janet gives consent in advance to search the “High and Mighty.”
c. No, the U.S. Supreme Court held in 1978 that a closely regulated industry can only
be inspected without a warrant when the owner requests one.
d. Yes, the U.S. Supreme Court held in 1978 that there is an exception to the
FourthAmendment for regulated industries and when an entrepreneur embarks
uponsuch a business, he/she has voluntarily chosen to subject the business to a
fullarsenal of governmental regulation.
The Court held that law enforcement officers may make “warrantless entries and
searches when they reasonably believe that a person within is in need of _____ aid”
a. preventative
b. minor
c. serious
d. immediate
_____ cases occur when an officer, who is where he or she has a right to be, sees
contraband or evidence of a crime.
a. Plain view
b. Voluntary consent
c. Extreme duress
d. Honest alibi
If police lawfully enter premises during some emergency and have probable cause to
seize the item, incriminating items may be admissible under the _____ exception to the
warrant requirement.
a. plain view
b. consent
c. inculpatory evidence
d. automobile
Terry stops are authorized only on probable cause.
a. True
b. False
If a suspect is taken into custody but not questioned, they still have a constitutional
right to Miranda warnings.
a. True
b. False
Under Michigan v. _____, the U.S. Supreme Court authorized detention of the
occupants of a place while a valid search warrant was being executed.
a. Moseley
b. Witherspoon
c. Summers
d. Johnson
Case 7.2
Brenda Lee is found murdered on the rear porch of her sorority house after having a
heated argument with her boyfriend, Britt Reid, earlier in the evening. The women in
the sorority house claim not to have any knowledge of the murder. The medical
examiner conducts an autopsy and forensic testing reveals DNA evidence and blood
other than the victim’s on her clothing. Joe Carbone, a member of a fraternity two
houses away, comes forward two days later and provides a statement that one of the
sorority sisters, Shirley Temple, told Joe that she saw Britt Reid kill the victim. Bernie
is ultimately charged with the murder of Brenda Lee.
At trial the medical examiner presents photographs of the victim’s injuries and blood
soaked shirt. The medical examiner further testifies that blood and DNA samples found
on the victim were matched to Mr. Reid. Is this testimony hearsay?
a. No, the medical examiner personally performed the tests and is available for
cross-examination.
b. Yes, because the testimony violates the Confrontation Clause of the Sixth
amendment.
c. Yes, because it requires the fact finder to draw inferences as to the defendants’ intent.
d. No, because the testimony of medical examiners and other expert witnesses is
specifically excluded from the hearsay rule.
To be deemed a competent witness, the witness must have the capacity to _____.
a. speak and read the English language at a fifth grade level
b. observe, remember, narrate, and understand the obligation to be truthful
c. be a citizen of the United States
d. be capable of reading and writing in any language at a fifth grade level
Even when it is seized in a lawful arrest, law enforcement must obtain a search warrant
in order to search the contents of _____.
a. wallets
b. cell phones
c. briefcases
d. purses
Under the Federal Rules of Evidence and in a number of jurisdictions, _____ is
specifically defined as not being hearsay.
a. admission by a party-opponent
b. unsworn statements made before a judge
c. statements by the victim of a crime
d. statements by the judge at a prior trial
Case 3.1
Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall
security call police and they chase the two into the mall parking lot. Police arrive as
Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security
identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In
plain view across the backseat are the stolen jackets still with the store tags and security
clips on them. Also in the minivan, in plain view, are proceeds from several other
shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of
heroin are found in the vehicle. Back at police headquarters a criminal history check
reveals that Walt has an extensive history of shoplifting and felony drug offenses. On
the over hand Kathy has no prior criminal history and just a few minor motor vehicle
offenses on her record. Police contact the store owners of the recovered proceeds and
confirm 4 more shoplifting incidents each with proceeds of $1,000.
In the above scenario, who was most likely involved in the initial review and evaluation
of the evidence?
a. store employees
b. the police officers
c. the prosecutor
d. the initial judge
The rule against hearsay and the _____ Clause of the Sixth Amendment deal with
similar testimonial issues.
a. Venue
b. Counsel
c. Public Trial
d. Confrontation
Statements to physicians are an exception to the hearsay rule only if made by the patient
for purposes of treatment or _____.
The first line of defense an opposing party seeks to use is _______________
Ohio v. Roberts is still apparently good law if the hearsay statement involved is not
_____.
There is a hearsay exception for statements about “_____” mental, emotional, or
physical conditions.
The greatest risk of granting _____ is flight.
Voir dire is a French term that means “to speak the _____.”
Define the AMBER alert system.
How do prosecutors and defense attorneys weigh the strength and admissibility of the
evidence when determining whether plea bargaining will be successful?
_____ evidence is evidence that indirectly proves a fact at issue.
Searches of public school students by school officials on school grounds usually only
require ____________________ suspicion.
At a trial, the _____ solves questions of law.
The exclusionary rule does not apply at civil jury proceedings or _____ jury
proceedings.
Define prior statements made by witnesses in relation to the hearsay rule and provide
the rules by which such decisions would be used to rule whether hearsay would apply.
In Mincey v. Arizona, the Supreme Court held that there is no ____________________
scene exception to the warrant requirement.
At a minimum, stop and frisk require that the officer have ____________________
suspicion.
State v. Gagnon established that information used in court must have the characteristic
of ______________ knowledge.