In U.S. v. Leon, the Supreme Court recognized a/n _____________ exception to the
exclusionary rule.
a. subjective good motives
b. objective good faith
c. abandoned property
d. inevitable discovery
If a person attempts to enter the U.S. from Mexico, in order for customs officers to
legally remove the gas tank and search for drugs, this conduct would:
a. require a warrant.
b. require probable cause.
c. require reasonable suspicion.
d. does not require a warrant or any individualized suspicion.
Since the Daubert decision, ____________ states have adopted a similar rule.
a. none of the
b. a few
c. a substantial minority of
d. a majority of
In U.S. v. Wade and Gilbert v. California, there were constitutional violations in the
lineup because
a. the lineups were unreasonably suggestive.
b. police dropped hints as to who to identify.
c. no attorney was present for the defendant.
d. there were only three suspects in the lineups.
If a vehicle is abandoned,
a. the articles in the vehicle are also abandoned.
b. the Fourth Amendment prohibits seizure of the vehicle before 72 hours after the
police find the vehicle.
c. the police must obtain title to it before seizing it.
d. the police must obtain a search warrant before seizing it.
In a __________ administration of a line-up, neither the investigator administering the
lineup nor the witnesses know the suspect’s identity.
a. voluntary
b. custodial
c. double blind
d. multiple race
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.
The hearsay exceptions, reliable or not, can no longer be used as a _________for
cross-examination under the Confrontation Clause for “testimonial” statements.
a. substitute
b. limitation
c. modifier
d. presumptive exclusion
Drug testing of law enforcement and correctional personnel and certain categories of
public school students may be done without a warrant if done
a. randomly or based on individualized reasonable suspicion.
b. with an area warrant or a writ of habeas corpus.
c. pursuant to a capias or attachment.
d. after at least one person in the category has been arrested for a drug offense.
Most cyber evidence is used to help reveal crimes against
a. children.
b. elderly.
c. businesses.
d. homeowners.
With regard to lineups, most agencies and organizations recommend that
a. there be a minimum of four individuals in the lineup.
b. witnesses view the lineup and make identifications in isolation from other witnesses.
c. a judge be present to insure the lineup is fair.
d. witnesses be allowed to make a group decision as to the identification.
An ordinary witness may give an opinion about
a. things which are in the common knowledge of most people.
b. things they have been told by another
c. their own competence to be a witness.
d. whether their testimony is relevant.
Improper police conduct must be deterred in order to accomplish the purpose of the
_________ Amendment.
a. Second
b. Eighth
c. First
d. Fourth
Judicial notice is permitted
a. in all jurisdictions except the federal courts.
b. in the federal courts but not state courts.
c. in a majority of jurisdictions.
d. in all jurisdictions.
Requiring a person in a lineup to say the same words as the perpetrator
a. is a violation of the privilege against self-incrimination.
b. can only be done if the defendant’s attorney is present.
c. is generally a lawful technique.
d. can only be done if a judge is present to insure the lineup is fair.
The attorney”client privilege does not apply when the client informs the attorney of
a. past crimes.
b. planned crimes.
c. incriminating information.
d. the source of the money for the attorney’s fee.
A defendant does not testify at his or her criminal trial. The judge or jury
a. may use this as evidence of guilt.
b. may draw an inference of guilt from this.
c. is no longer required to give the defendant the presumption of innocence.
d. may not use this as evidence of guilt or draw an inference of guilt.
Much of the law of wiretapping and electronic surveillance was changed by the USA
_____________ Act.
a. PATRIOT
b. Anti-Terrorism
c. Electronic Interceptions
d. Communications Control
Courts have long held that judicial notice may be taken of _______theories that have
been so established that they have “attained the status of scientific law”,
a. scientific
b. conceptual
c. proven
d. absolute
To fall within the hearsay rule, the testimony must be offered to prove the
a. credibility of the witness.
b. truth of the matter asserted in the statement.
c. the credibility of the declarant.
d. unavailability of the declarant.
The doctrine making the exclusionary rule applicable to evidence obtained indirectly
from unconstitutional police conduct is termed the ___________ doctrine.
a. dissipation of the taint
b. attenuation
c. fruit of the poisonous tree
d. inevitable discovery
Security screenings and seizures of items cannot occur without warrants or probable
cause at
a. airports.
b. courthouses.
c. public buildings.
d. private functions.
The U.S. Supreme Court has specifically held that checkpoints for which of the
following purposes does not violate the Fourth Amendment?
a. Driving while intoxicated enforcement
b. drug law enforcement
c. general crime control purposes
d. catching burglars in high crime areas
If a witness is shown only a single photograph and identifies the person in the photo as
the perpetrator, the identification
a. may be suppressed because it is too suggestive.
b. will always be suppressed unless the defendant’s attorney was present.
c. will not have to be suppressed if the defendant waives the privilege against
self-incrimination.
d. cannot be admitted.
One of the costs (and criticisms) of the federal exclusionary rule is that it
a. is too simple to covers a variety of situations.
b. may result in innocent people being convicted.
c. may result in guilty people being acquitted.
d. has no exceptions.
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
Stop and frisk require that the officer have, at a minimum,
a. reasonable suspicion.
b. probable cause.
c. reasonable cause.
d. proof beyond a reasonable doubt.
In many cases photographs taken by a police officer are offered as evidence. The officer
must establish the __________for the photograph
a. foundation
b. basis
c. rationale
d. authorization
If ___________ statements are made or evidence discovered from consensual talks
between police and citizens, the statements or evidence may be used in criminal
prosecutions.
a. inflammatory
b. incriminating
c. coerced
d. alibi
The U.S. Supreme Court has stated that the privilege against self-incrimination adheres
to the ___________ and not to the information.
a. person
b. prosecution
c. victim
d. witness
The Confrontation Clause does not apply to ___________out-of-court statements.
a. co-conspirators.
b. non-testimonial
c. regularly kept records.
d. child victims of abuse.
Discuss the purposes of redirect examination.
Police interrogations can produce both testimonial and non-testimonial evidence.
An arrest warrant confers a limited authority to enter the dwelling in which the suspect
resides when there is reason to believe the suspect is inside.
Due process requires that criminal guilt be proven by the government beyond a
reasonable doubt.
There are a number of agencies or sources providing the collecting, correlating, and
coordination of evidence. Name and discuss at least three of these.
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?
Describe and discuss three examples of special needs searches. Be sure to provide
examples.
To have standing and challenge the manner in which police obtained evidence from a
crime scene, a ________must show that he or she had a legitimate expectation of
privacy in the crime scene.
Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among
those deemed to be “closely regulated businesses.”
The federal exclusionary rule applies only in criminal cases.
What is an assertive statement and give examples of both assertive and non-assertive
statements.
In ______ v. U.S., the Supreme Court held this was an exception to the fruit of the
poisonous tree doctrine.
When eyewitness evidence is not available, it has often been stated that investigators
and officers should ask, as guidelines in investigating crimes, these three questions in
guiding their investigation; and secondly, why are those three key words critical to the
findings of facts?
State v. Gagnon established that information used in court must have the characteristic
of ______________ knowledge.
Inventory searches are ___________-type searches, not searches for incriminating
evidence or weapons.
It can be determined by fingerprint analysis if a person has touched drugs.
If the government can satisfy the attenuation of the taint doctrine, the fruit of the
poisonous tree doctrine does not apply.
Perhaps the most famous videotape in American history is the Zapruder video of the
assassination of President _____________.
Discuss using Global Positioning Systems (GPS) in evidence collection.
Most employees’ offices are not places where a reasonable expectation of privacy
exists.