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All states and the federal government have some form of the marital privilege.
a. True
b. False
Inferences are reasonable conclusions that judges or juries _____.
a. are required to draw
b. may draw if they so desire
c. cannot be used against a defendant
d. cannot be used against the prosecution
Certain business records, public records, records of religious organizations, and family
records are admissible under federal rules known as the _____ exception.
a. regularly kept records
b. notarized document
c. public data
d. confidential data
If a search isconducted solely by a _____, the exclusionary rule does not apply.
a. private individual
b. state or local official
c. consenting searcher
d. federal employee
Prior to 1779, no child under the age of fourteen was eligible or competent to testify as
a witness.
a. True
b. False
Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard
what sounded like screams coming from the home. After receiving no response when
they knocked on the front door, two police officers pushed in the door and found a
young man bleeding from a knife wound. After they called for an ambulance, one of the
officers proceeded to search the home to find out if there were any other victims or if
the assailant was in the home. After 20 minutes, the ambulance arrived and the police
officer had completed her search of the home without finding additional victims or the
assailant. During her search, she did see illegal drugs in plain view in one of the
bedrooms. The crime scene investigations unit responded, taking photographs of the
area of the knife attack, collecting blood samples, as well as fingerprints from the
immediate area. Investigation revealed that the victim, now in a coma, was the owner of
the home and lived alone. After evidence had been collected at the crime scene, the
police remained on-site for several days looking through closets and dresser drawers.
They found a bloody knife on the fourth day. The following week, a known burglar was
apprehended, trying to pawn property that turns out to be the property of the knife
assault victim.
The drugs found during the initial search by the responding police officer
a. are inadmissible since the officer was trying to locate victims or the assailant, not
illegal drugs.
b. are admissible since the officer had a legal right to be present after entering the home
in an emergency situation.
c. are admissible only if the officer is able to secure a search warrant after the fact.
d. are admissible only if they can be traced back to the assailant.
An officer who is acting _____ cannot rely on the good faith exception.
a. in his or her official capacity
b. to solve or prevent crime
c. in an objectively unreasonable fashion
d. who has doubts about his or her actions
The privilege against self-incrimination applies to handwriting and speech exemplars.
a. True
b. False
Case 13.3
Officer Franklin is investigating theft of art from the local museum. Three people claim
they were present when a woman wearing a smock rushed into the museum and
snatched the van Gogh off the wall before running out a side exit. All three witnesses
are at the police station and Officer Franklin has asked them to sit down with the police
department sketch artist to help with his investigation. Together, the witnesses provide
the artist with all the details they can recall, though there is some significant
disagreement on some of the details. Officer Franklin uses the sketch on a wanted
poster and Priscilla is identified by her neighbor, Molly, as matching the description.
When she is brought in for questioning, Priscilla denies involvement in the crime and
demands to have her attorney present. Priscilla refuses to participate in any lineup. The
missing painting is not recovered, though a smock matching the description of the
witnesses is recovered at her home.
Priscilla's attorney is moving to have the sketch suppressed as evidence against her
client. What is the best approach to attack this evidence?
a. Witnesses should be separated to get an independent description of the suspect.
b. Wanted posters are notoriously inaccurate.
c. Molly has a grudge against Priscilla.
d. The van Gogh painting is still missing.
Case 2.1
Dave is pulled over for a motor vehicle violation in his local town in upstate New York.
During the course of the motor vehicle stop the officer determines that Dave had
relocated in to town from New Jersey six months prior to the stop. Although Dave has a
valid New York state license his driving privileges in New Jersey are suspended and he
has numerous outstanding motor vehicle warrants. Further inquiry reveals that Dave is a
registered violent sexual offender in New Jersey with an extensive criminal history. A
check of the local department data base reveals that Dave has not registered as a sexual
offender with the local town or state since relocating to New York.
What would be the constitutional basis to uphold federal charges brought against Dave
under SORNA?
a. Federalism
b. Common Law
c. Necessary and Proper Clause of the Constitution.
d. Federal Rules of Evidence
The physician"patient privilege did not exist at common law.
a. True
b. False
There is no reasonable expectation of privacy in most employees' offices.
a. True
b. False
Case 17.1
Shelbyville city police heard rumors that Jack and his brother John were involved in
illegal sports betting. To avoid the police, the brothers supposedly moved from location
to location and operated an active betting office with several employees, generally from
hotel rooms. The police received a call from a disgruntled bettor that the mobile betting
parlor would be set up next Wednesday. The cooperative bettor agreed to allow police
officers to install hidden microphones and video cameras in his home, and promised to
offer Jack and John the use his of home in exchange for a break on his gambling debt.
John also had a legitimate job at a local carwash and the surveillance technicians snuck
into the carwash to plant an additional microphone in his private office to try and
confirm details of the betting operation. As it turned out, John did not talk about his
gambling job at the carwash, though several of the other employees did use his office
when he was out to talk about how they were embezzling money from the business. As
it turned out, Jack and John did set up the gambling parlor at the house. Over the next
several days, Jack and John conducted illegal betting operations that were recorded both
with the microphone and with the video camera. Both men were arrested for violation
of state law, which prohibited such gambling operations. Julie and Deborah were also
arrested for embezzlement at the carwash the same day based on their incriminating
statements in John's office. Additionally, the industrious surveillance technicians also
filmed Maggie entering and leaving the house in which the gambling parlor had been
set up from their surveillance van in the street. She was arrested for illegal gambling.
Maggie also objects to her arrest since she did not consent to being videotaped. This
evidence is:
a. inadmissible since the police did not secure a search warrant.
b. only inadmissible because Maggie did not consent to be videotaped.
c. admissible since Maggie was videotaped in a public area.
d. admissible only if the homeowner consented to the van being parked nearby.
If police are chasing a suspect and enter a residence to attempt to apprehend the
suspect, the _____ exception to the warrant requirement may apply.
a. emergency circumstances
b. implied consent
c. hot-pursuit
d. inculpatory evidence
Consent to search a computer permits officers to look at computer files, but only
consistent with the scope of the _____.
a. crime
b. circumstances
c. consent
d. privacy
The keystone of American federalism is the _____.
a. U.S. Constitution
b. Bill of Rights
c. Magna Carta
d. separation of church and state
Application of the fruit of the poisonous tree rule is more complicated where the
improper police conduct is other than a _____ Amendment violation.
a. Third
b. Fourth
c. Fifth
d. Sixth
Direct evidence is generally more powerful and convincing than circumstantial
evidence.
a. True
b. False
A suspect arrested without an arrest warrant must have a probable cause hearing before
a judge or magistrate "promptly," within _____ hours of the arrest, including weekends
and holidays.
a. 24
b. 36
c. 48
d. 72
In jurisdictions with a psychotherapist"patient privilege, there is usually an exception
for patients who _____.
a. are rely on public funding for treatment
b. patients who do not really need treatment
c. may be a danger to themselves or others
d. are acutely psychotic
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 search of Johnny's locker lawful?
a. No, the search violated the Fourth Amendment.
b. Yes, Mr. Ackerman had reasonable suspicion that Johnny possessed illegal drugs.
c. Yes, the intrusiveness of the search was minor.
d. No, school searches can only be conducted by law enforcement.
A judge can take judicial notice of the validity of the theories and techniques underlying
scientific evidence.
a. True
b. False
Proof of chain of custody is required for admissibility of DNA evidence.
a. True
b. False
Case 9.2
Police respond to a third party 911 call and arrive at the scene of domestic violence
homicide. Police find the victim underneath his pickup truck, apparently run over. On
scene, the man's wife, blurts out that she could not take his physical abuse and drinking
any more. She then says "I didn't mean to hurt him I just wanted to get away." The wife
has multiple new and old bruises on her body which she claims were from the husband
repeatedly beating her while threatening to kill her.
Witnesses report that they heard the two fighting and witnessed the husband trying to
grab the wife as she ran outside. They observed the wife get into the pickup truck and
heard the husband screaming that he wouldn't let her go as he stood in front of the
pickup. Witnesses report that the wife drove the truck over the husband and then backed
up. They further state that the wife called someone the phone and said "it's done."
Witnesses also tell police that the wife has been seeing another man on the side and that
the other man had been with the wife just an hour before the husband/victim had gotten
home.
Police interview the wife, who claims that she dialed 911 but hung up the phone by
accident, because she was in a panic. Police ask the wife to show them her phone but
she refuses. Police check with the dispatch center and fine only one call and that was
the one from the witness.
Police arrest the wife for the murder of her husband and transport her to police
headquarters for processing. She is searched incident to arrest and her phone is taken
into evidence. Police also search the house for additional evidence. While being
transported to headquarters the wife changes her story several times claiming that her
husband was screaming that he was going to kill her. Her changing statements are
recorded by the in car video system.
At trial the defense attempts to suppress her initial on scene statements to police
claiming she had not been advised of her rights. Under what would the defense apply
for the motion to suppress those statements?
a. Miranda
b. a suppression hearing
c. writ of habeas corpus
d. inevitable discovery rule
Most jurisdictions and the federal government require a showing that the declarant is
unavailable to trigger at least some hearsay exceptions.
a. True
b. False
The main actors at the trial are the judge, the _____, the prosecutor, and the defense
attorney.
a. investigator
b. victim
c. jury
d. defendant
As compared to most businesses, businesses deemed "closely regulated businesses"
have less Fourth Amendment protection.
a. True
b. False
If the defense loses or misplaces evidence important to the prosecution, it is a violation
of due process.
a. True
b. False
The totality of the circumstances includes interrogating factors and places of
questioning.
a. True
b. False
About _____ of the states have statutes defining the clergy-penitent privilege, with a
few other states recognizing the privilege by court decisions.
a. one-quarter
b. one-third
c. half
d. two-thirds
A subpoena duces tecum is a subpoena that orders the person to _____,
a. bring certain items or records with them to court
b. appear with an attorney
c. waive their privilege against self-incrimination
d. not discuss their testimony with anyone
The federal exclusionary rule has become very complex since the 1961 _____ case.
a. Mapp v. Ohio.
b. Weeks v. U.S.
c. Miranda v. Arizona.
d. Settles v. Arkansas.
Case 1.2
It is 1166 A.D. and English Lord William Smith has been accused of crimes against the
Crown by Lord Richard Mason. He has been brought before the King to answer and be
judged for his alleged crimes. If found guilty of the alleged crimes, he will most likely
be put to death.
Under the system of his time, what legal defense could Lord Smith use to prove his
innocence?
a. a trial by jury of his peers
b. a writ of Habeas Corpus
c. trial by battle
d. interrogation by clergy
To have standing to contest a police search, the person must have had a(n) _____ in the
place or things searched.
a. ownership interest
b. subjective expectation of sequestration
c. reasonable expectation of privacy
d. experience of monetary damages
There were no rules about hearsay under the common law.
a. True
b. False
Briefly trace the steps in a typical state felony case from commission of the crime to
habeas corpus. Briefly describe what happens at each step. What are the legal methods
by which someone convicted in state court could challenge their conviction in a federal
court?
What is the Brady rule? Provide an example of a violation of this rule. What are the
consequences of a violation of the Brady rule?
Law enforcement officers and other governmental officials cannot intrude into a "zone
of ____________________" of a person to seize documents, writings, or records
without a showing of proper authority.
Courts require search warrants aimed at computer ____________________ to tailor the
search towards materials likely to include the information identified in the warrant.
The U.S. _____ is the supreme law of the land.
Persons have fewer Fourth Amendment protections at the ____________________ as
compared to the interior of the country.
Although the term ____________________ is of recent vintage, the underlying rule
that where the front door of a home is accessible to the public the police may approach
it is longstanding.
In Hudson v. Michigan, the court stated that the exclusionary rule is most appropriate in
cases of _____ searches.
To be deemed a competent witness, the witness must generally have _____ knowledge
of the matters to which they testify.
What are the two types of drug testing of peace officers that have been allowed by
courts in the absence of a warrant or probable cause? Do you agree with the decisions
of those courts? Explain your position.
At a jury trial, the _____ determines the facts of the case.
If evidence potentially favorable to the accused is lost, destroyed, or misplaced, it is a
violation of due process only if the government acted in _____.
Discuss the sufficiency-of-evidence requirement in relation to a guilty verdict.
In Brendlin v. California, the Supreme Court held that the passenger was
_____________________ by the traffic stop.
Discuss the three requirements for authorizing inspections without search warrants of
closely regulated businesses.
