Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
The justification of the _____ rule is that the individuals involved in such a crime are
equals and an admission by one is fairly attributable to others.
a. co-conspirator
b. party-opponent
c. witness-declarant
d. prior statement
The U.S. Supreme Court has held that public schools may conduct random drug testing
of student athletes and students involved in extracurricular activities.
a. True
b. False
Case 8.1
Police respond to the scene of fight inside a local bar. The scene is chaotic with
ambulance personnel attending to an unconscious male. In the course of rendering aid
to the victim, the victim and the victim's clothing were removed from the scene. The
victim's clothing and personal effects are collected by an emergency room nurse at the
hospital.
Police interview witnesses who report that the victim, Jeff Anderson, got into an
argument with another bar patron/accused for having several rounds of drinks put on
the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with
a close fist and two then exchanged several punches with Mr. Anderson giving the
patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a
chair knocking him unconscious and fled the bar.
Police interview the bar owner who reports that accused became enraged after getting
the $500.00 credit card receipt for his drink tab. The bar owner stated the "guy flipped
out, nearly jumping over the bar when he saw the amount of his tab". The bar owner
reported that he pointed Mr. Anderson and said "go talk to your friend - he ordered
three rounds for the bar on your tab." Police ask for and receive copies of the credit card
receipts for the accused, Dick Grayson. The investigating officer responds to the
hospital and takes a statement from the victim who reports not knowing why he was
attacked. While at the hospital the investigating officer asks if anyone had sought
treatment for facial injuries from a fight. It is determined that Mr. Grayson had been
seen and had reported to the registration nurse that his injuries were from 'some guy
sucker punching" him in a bar and had also stated "you should see the other guy." Mr.
Grayson is taken into custody and is being escorted out of the emergency room when he
stops in front of room where the victim lying in a hospital bed being attended to by
medical personnel he blurts out "I'm in so much trouble" and asks the officers "is he
going to make it." Mr. Grayson charged with aggravated assault.
At trial the defense attempts to block admission of the credit card transactions from the
bar as hearsay. Are the records admissible?
a. Yes, as regularly kept business records
b. No, not unless the credit card company testifies about them
c. Yes, under the Co-conspirator Rule
d. No, not without proof that the accused had actually approved them
Voir dire is a French term meaning to incriminate oneself.
a. True
b. False
The field of serology involves the study of _____.
a. blood
b. hair
c. skin
d. fingerprints
Case 9.3
Police investigate an arson of a commercial structure. The day after the fire is
extinguished, police investigators return to the property and retrieve evidence from the
burned building. Police contact the security company that monitored the crime scene
and obtained alarm system records that demonstrate that the system was shut down via
the internal key pad just prior to the fire. Police also obtain surveillance videos from
other commercial businesses adjacent to the crime scene. Through their investigation
the owner of the building is identified as a prime suspect.
Police ask the building owner to come down to headquarters to follow up on any
potential suspects he may have. Once at police headquarters, the building owner is
interviewed by detectives regarding the fire. What was a friendly discussion suddenly
turns adversarial with the detectives accusing him of starting the fire to collect
insurance. They both tell him to think about what he wants to say about the crime and
leave him alone in a locked interview room. While in the interview room the building
owner texts an accomplice to check if he properly disposed of incriminating evidence.
The investigators come in and inform the defendant that no cell phones are allowed in
the interview room. They take the cell phone out of the room and view the texts on the
phone. The building owner ultimately confesses to the arson and is charged. Subsequent
to the confession police obtain a search warrant for the cell phone texts and records.
Although it is clear that business owner is not free to go and is being accused of a crime
by detectives, they have not told him that he is under arrest. Which constitutional
amendment governs the interrogation of the business owner at police headquarters?
a. First Amendment
b. Second Amendment
c. Fifth Amendment
d. Fourth Amendment
Case 15.2
Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park
and notices that he meets with another man and passes him a newspaper. Unfortunately,
Officer McElroy is unable to approach the young men without being seen because of
the open area and both men quickly disappear into the trees. Since Officer McElroy
does not think he was seen, he returns to the park, but hides behind some trees and uses
his binoculars to observe another meeting between Leon and another young man. He is
able to adjust his binoculars to see that Leon places a baggie of marijuana inside the
newspaper immediately before the meeting. The other young man hands Leon paper
money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on
the two young men and overhears the buyer say, "I hope this weed is better than the last
stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men.
Leon is also offended that his private conversations were overheard by Officer McElroy
and challenges the use of this information against him. Is he justified in doing so, and if
so, why?
a. Yes, because even the evidence of the conversation violated the reasonable
expectation of privacy of the two men according to the Fourth Amendment.
b. Yes, because Officer McElroy can only use the evidence of what he saw, not what he
heard.
c. Maybe, because the conversation is admissible only if the other young man consents.
d. No, because Officer McElroy was in a public park and had every right to be where he
could overhear a conversation.
Case 3.3
Police respond to the scene of domestic violence incident which resulted in a homicide.
The victim Ricky Bobby was found underneath the wheel of his homemade monster
truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts
out that she could not take his physical abuse and drinking any more. Betty Sue has
multiple new and old bruises on her body which claims were from Ricky continually
beating her and threatening to kill her. Witnesses report that they heard the two fighting
and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they
observed Betty Sue trying to get into her car but Ricky threw her to the ground
screaming that he would kill her rather than let her go. Witnesses report that Betty Sue
got into the monster truck and drove over Ricky Bobby as he stood in the way. They
also tell police that she has been seeing a doctor about her depression and takes
medication to treat her depression. Police arrest Betty Sue for the murder of her
husband Ricky Bobby.
What is the level of proof must the prosecution meet to secure a guilty verdict in a
murder trial?
a. reasonable suspicion
b. absolute certainty
c. proof beyond a reasonable doubt
d. clear and convincing evidence
What Is Not Hearsay? Federal Rules of Evidence 801(d)(1), 801(d)(2), and 801(d)(2)
(E)
a. True
b. False
The federal exclusionary rule applies only in criminal cases.
a. True
b. False
A search warrant authorizing officers to enter a home or office does not authorize the
officers to search a computer found in the premises, unless the search warrant identifies
the _____ as part of the authorized search
a. peripheral
b. file
c. owner
d. computer
Case 4.1
While shoplifting five laptops from an electronics store in the mall, the actors Jack and
Diane are confronted by the store manager. Jack brutally assaults the store manager as
Diane looks on. They leave the manager unconscious on the floor of the store. Passing
shoppers alert mall security, who chase the two into the mall parking lot. Police are
notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop
the vehicle. Mall security provides physical and clothing description of the two suspects
and the pickup truck.
Police pursue the pickup through several residential streets. During the pursuit several
items appearing to laptops are thrown from the passenger window of the truck. The
locations are reported via radio for other units to collect the evidence. The fleeing
pickup blows several red lights causing minor accidents. The pursuing police units
temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an
alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is
unoccupied with the keys still in the ignition. The license plates on the vehicle are
stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found
in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is
approximately 1 mile away. While patrol searches for the suspects, detectives respond
to the Bower residence and find no one home. They speak with the building manager
who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The
manager reports that Mr. Bower owns a small red pickup. The detectives notice
surveillance cameras on the apartment complex and ask the manager to view and copy
the video from that day. Caught on video are Brower and girlfriend apparently changing
the license plates on the pickup and leaving in the truck 30 minutes prior to the incident
at the mall. The vehicle identification number on the pickup is registered to Jack Bower
with different license plates.
Jack and Diane are located by patrol three blocks from the pickup hiding behind two
dumpsters.
Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and
Diane claim that they were carjacked two hours prior and had been walking toward the
police station. The two are arrested. A search incident to arrest under covers 3 packets
of heroin, a hypodermic needle and cell phone in Jack's pockets and a large,
aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell
phones and two bags of heroin in Diane's possession.
Detectives respond to the hospital where the store manager is being treated for serious
injuries to his head and body. It is reported that the manager has a skull fracture,
damage to his eye socket, and a broken jaw. The injuries are photographed and
documented.
Detectives also retrieve surveillance video from the store and from the mall for
evidence. The two suspects are charged with robbery, eluding, destruction of evidence,
possession of controlled dangerous substance, and possession of drug paraphernalia,
and possession of burglary tools.
What amount of proof required for a finding or verdict of guilt in the criminal trial
against Jack and Diane?
a. mere suspicion
b. reasonable suspicion
c. probable Cause
d. proof beyond a reasonable doubt
One of the requirements for a statement to be defined as hearsay is that the statement is
not being offered to prove the truth of the matter asserted in the statement.
a. True
b. False
A(n) _____ is any statement or conduct from which guilt of the crime can be inferred.
a. incriminating statement
b. confession
c. excited utterance
d. dying declaration
A trained drug-detection dog's alert is generally sufficient to _____.
a. create probable cause
b. excuse the warrant requirement
c. excuse the exclusionary rule
d. prove guilt beyond a reasonable doubt
The _____ was the earliest legal procedure by which illegal or improper jailing or
detention could be challenged in a court of law.
a. Appeal
b. Inquisition
c. Magna Carta
d. Writ of Habeas Corpus
The hearsay exception specifically for statements by child sexual abuse victims existed
at common law.
a. True
b. False
Archival studies indicate that misidentifications lead to the conviction of innocent
persons about _____ of the time.
a. 1/4
b. 1/3
c. 1/2
d. 3/4
All states allow a plea of not guilty by reason of insanity.
a. True
b. False
Under the Sixth Amendment, once a criminal proceeding has begun, defendants are
entitled to an attorney at all critical stages.
a. True
b. False
The exclusionary rule forbids the use of evidence tainted or soiled by improper or
illegal police conduct in criminal cases. Such evidence, however, can be used in _____
cases.
a. appeals
b. civil
c. federal
d. international
The prosecution can subpoena defendants and require that they testify at their own
criminal trials.
a. True
b. False
All arrest and search warrants require, at a minimum, _____.
a. reasonable suspicion
b. probable cause
c. clear and convincing evidence
d. proof beyond a reasonable doubt
The broadcast portion of cell phone conversations is not covered by federal law.
a. True
b. False
Wiretapping and electronic eavesdropping are not covered by the Fourth Amendment.
a. True
b. False
The president of the U.S. has no privilege with regard to confidential communications
with top advisors.
a. True
b. False
The plain view doctrine requires that the officer legally be in the place from which the
evidence is viewed.
a. True
b. False
Under which circumstance would the exclusionary rule be applied?
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
To qualify as an exception to the hearsay rule, the statement must have some indicia of
reliability.
a. True
b. False
In Maryland v. _____, the Supreme Court approved of protective sweeps on reasonable
suspicion for officer protection while making an arrest or search.
a. McCullough
b. Buie
c. Cochran
d. Davis
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.
Law officers must knock, identify themselves, state their purpose and await a refusal or
silence before they enter private premises on a warrant. In this case, the violation of this
rule:
a. renders the search illegal and the evidence inadmissible.
b. must have been specifically authorized by the search warrant.
c. is excused since the officers expected armed resistance.
d. does not merit judicial review, even if the suspect complains.
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.
The Sweeney sisters are insisting their actions were art, not vandalism. In any case, they
assert that the videotape is not even admissible against them. The videotape
a. can be used against the Sweeney sisters.
b. will only be admissible if there is a posted warning in the parking lot that activities
are being taped.
c. does not require a proper foundation as in State v. Sibley.
d. can be considered business records outside the Fourth Amendment.
The Constitution requires judges to refuse to accept Alford pleas.
a. True
b. False
One of the requirements for a statement to be defined as hearsay is that the statement be
assertive.
a. True
b. False
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.
In the above scenario, which Constitutional amendment covers the recovery of heroin
and gun found in the bag thrown from the car?
a. Third
b. Fourth
c. Fifth
d. Sixth
The New Jersey Court established procedures to be followed at a pre-trial hearing to
determine if eyewitness identifications are admissible. List these procedures.
What is the main function of a jury? Why is this duty imposed on the jury?
The U.S. Supreme Court has refused to apply the derivative evidence rule to physical
evidence obtained after obtaining a confession in violation of _____ v. Arizona.
Describe the "Forfeiture by Wrongdoing" doctrine.
What are the possible causes of mistaken eyewitness identification? Discuss each.
The rule against hearsay and the _____ Amendment Confrontation Clause address
similar problems.
Eyewitness identifications are less reliable when the witness is of a different _________
than the suspect.
In many jurisdictions, before trial, a defendant charged with a felony may be entitled to
a preliminary _____.
In Warden v. ____________________, the U.S. Supreme Court recognized a hot-pursuit
exception to the warrant requirement.
The general rule is that police may not enter a person's home to make an arrest of that
person unless police have a search or arrest ____________________.
The _____ Amendment gives defendants a right to notice of the charges, a right to
counsel, and a right to confront and cross-examine adverse witnesses.
Discuss the functions of impeaching a witnesses' testimony.
Discuss the ways in which a person may alter a crime scene in order to obstruct officers
from conducting an investigation.
A witness may identify a photograph by testimony showing any one or more of the
following:
Discuss airport screenings from both the perspective of evidence being admissible
and/or non-admissible in court.
The _____ Amendment gives defendants a right to a speedy and public trial.
The best evidence rule is also known as the ____________________ document rule.
