Evidence: Chapter 8-16

A ________________ was issued by a judge or government official and authorized searches anywhere, at any time, and for anything.

general warrant

A(n) ____________________ occurs when law enforcement officers demonstrate their authority through conduct that would lead a reasonable person not to feel free to leave or terminate the encounter.

show of force seizure

A border search is an example of a(n) _____________ search.

special-needs

In assessing the voluntariness of confessions, the courts apply the _____________ test.

totality of the circumstances

Factors that must be considered when assessing the legality of the seizure of a person based on a profile include all the following, except: a. Courts will examine the profile to determine whether the factors constitute reasonable suspicion. b. The suspect's actions are characteristic of an individual engaged in illegal activity. c. The totality of the circumstances must justify the seizure. d. All of the above

All of the above

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant. a. voluntarily b. knowingly c. intelligently d. all of the above

All of the above

In 1886, the U.S. Supreme Court, adopted the property rights theory that: a. Protected persons against an actual physical entry into the home b. Protected persons against a physical examinations of an individual and his or her papers or possessions c. Protected persons, houses, papers, and personal effects d. All of the above

All of the above

In New York v. Belton, the Court applied their ruling in Chimel, to an automobile search and held that: a. Articles within the passenger compartment are within the area in which an individual might reach to grab a weapon or evidence of a crime. b. When arresting an individual in an automobile, the officer may search the passenger compartment of the automobile so long as the search is conducted contemporaneously with the arrest. c. Containers within the individual's reach may be searched so long as the search is conducted contemporaneously with the arrest. d. All of the above

All of the above

In which of the following is there no reasonable expectation of privacy? a. The contents of a conversation that takes place between the host and several guests at a cocktail party at the host's home b. Comments that a person posts on a discussion forum on the office bulletin board c. Contents of a letter received by a party who shares the letter with the neighbor d. All of the above

All of the above

Reasonable suspicion can be based on: a. Police officer observations b. Information from a victim c. Information from a police bulletin d. All of the above.

All of the above

The Miranda warning is intended to protect individuals from what the Court called the "inherently coercive" pressures of police interrogation. Which of the following describes an "inherently coercive" pressure that was of concern to the Court? a. Individuals in detention are isolated from family, friends, and lawyers in unfamiliar surroundings. b. Police manuals instruct officers how to minimize the seriousness of the offense during interrogation. c. Police use of "false lineups" and fictitious witnesses against persons under investigation. d. All of the above

All of the above

The U.S. Supreme Court has stated that motor vehicles have a reduced expectation of privacy, which justifies the warrantless search of a motor vehicle because: a. Vehicles travel on public highways b. The interior and the exterior of automobiles is easily observable by a plain view search c. Individuals rarely store their personal items in their vehicle d. All of the above

All of the above

The legal test for consent to search is that the consent must be voluntary and may not be the result of: a. Duress b. Express coercion c. Implied coercion d. All of the above

All of the above

The plain-feel doctrine: a. Expands Terry b. Is based on an officer's touch c. Requires that the object must be immediately apparent to the officer d. All of the above

All of the above

The source of privileges in today's courts includes: a. The Federal Rules of Evidence b. Common law c. Legislative enactments d. All of the above

All of the above

Under Federal Rule 1002, which of the following would qualify as an original writing?

All of the above

Which of the following are reasons why a document must be authenticated? a. To ensure that a document introduced at trial meets a minimum standard of reliability b. To ensure that a document introduced at trial is not a forgery c. To establish that a document does, in fact, exist d. All of the above

All of the above

Which of the following individuals would be permitted to authenticate defendant Tom Smith's handwriting at trial? a. Mary Smith, Tom's mother, who regularly received letters from Tom while he was in custody awaiting his trial b. Jerry, Tom's cellmate, who often read Tom's handwritten letters to his attorney c. Harry, Tom's co-defendant, who watched Tom write the document in question d. All of the above

All of the above

Which of the following is true about an involuntary confession? a. It violates an individual's liberty to make a voluntary choice of whether to confess. b. It may ultimately lead to imprisonment. c. It may lead to a loss of liberty. d. All of the above

All of the above

Which of the following justifies grand jury secrecy? a. The confidentiality of proceedings protects the independence and free deliberations of the grand jury. b. The secrecy protects individuals required to testify before the grand jury and encourages witnesses to testify openly without fear of retribution. c. Confidentiality helps to ensure that individuals who may be indicted do not flee the jurisdiction to avoid impending criminal charges. d. All of the above

All of the above

Which of the following represent the Court's opinion as to when exigent circumstances justify making an arrest without a warrant? a. When the exigencies of the situation make the needs of law enforcement so compelling that that the warrantless search is objectively reasonable under the Fourth Amendment b. When a delay in the course of the investigation would gravely endanger their lives or the lives of others c. When speed is an essential element of police actions and acting without a warrant is imperative d. All of the above

All of the above

In the 1961 case Mapp v. Ohio, the U.S. Supreme Court took the following stance regarding the Exclusionary Rule and state courts: a. The Fourth Amendment right to privacy, through the Due Process Clause of the Fourteenth Amendment, is enforceable against the states by using the same sanction of exclusion that is used against the federal government. b. The exclusionary rule is "part and parcel" and is "an essential part "of the Fourth Amendment. c. The exclusionary rule is a safeguard because of its deterrent effect rather than a personal constitutional right of privacy. d. All of the above are correct.

All of the above are correct.

Which of the following statements is true about testimonial privilege? a. The holder of the privilege can waive the privilege. b. The holder of the privilege can invoke the privilege and refuse to testify. c. The holder of the privilege can prevent the other party to the privilege from testifying. d. All of the above are true.

All of the above are true

The legal standard for third party consent searches is: a. If police rely on an individual who possesses common authority over the premises to be searched, the consent is valid. b. If the police reasonable rely on consent from an individual who, in fact, lacks common authority, the consent is valid. c. The police may rely on the consent of individuals exercising actual authority as well as apparent authority. d. All of the above are correct.

All of the above is correct.

Which of the following represents a true statement about the Court's approach to the length of Terry detentions? a. The Court uses the totality of the circumstance approach in evaluating this issue. b. The Court examines whether the police acted in a diligent and responsible manner in discharging their responsibilities. c. The Court examines the role the defendant played in the length of the detention. d. All of the above are correct.

All of the above is correct.

In Payton v. New York, the Court answered the question of whether an individual can be arrested in his or her home without an arrest warrant. Which of the following represent the Court's response to this question? a. A person can be arrested in his or her home without an arrest warrant under exigent circumstances. b. A person can be arrested in his or her home without an arrest warrant if the person consents to the arrest. c. Absent exigent circumstances or consent, a person cannot be arrested in his or her home without an arrest warrant if the police officer has probable cause and has reason to believe the person is inside his or her home. d. All of the above represent the Court's response to this question.

All of the above represent the Court's response to this question.

Which of the following statements is true about the silver platter doctrine? a. The silver platter doctrine was the process whereby evidence was "served" by state law enforcement officers to federal prosecutors on a "silver platter." b. The silver platter doctrine was used by federal agent to circumvent the exclusionary rule. c. The silver platter doctrine was ruled unconstitutional by the U.S. Supreme Court in 1960 in Elkins v. United States. d. All of the above statements are true.

All of the above statements are true

The Court looks at which of the following in assessing whether or not reasonable suspicion existed for a stop? a. Whether the officer had specific and articulable facts, that together with a rationale inference drawn from those facts, reasonably suggest that a person has committed or is about to commit a crime b. Whether a reasonable person, looking at the facts the officer relied on, would determine that the facts reasonably suggest that a person has committed or is about to commit a crime c. Both a and b d. Neither a nor b

Both a and b

What challenges can be raised to question the validity of a warrant that was issued? a. Lack of probable cause to support the issuance of the warrant b. Proper procedures were not followed in issuing the warrant c. Both a and b d. None of the above

Both a and b

___________ is a method created by the Court to limit the impact of the exclusionary rule. a. Standing b. Exceptions to the application of the exclusionary rule c. The silver platter doctrine d. Both a and b

Both a and b

Which of the following represents the rationale for carving exceptions out of the exclusionary rule? a. The exclusionary rule is a constitutional rule intended to deter the police and protect the integrity of the court. b. The exclusionary rule is a judge-made remedy designed to deter unreasonable searches and seizures. c. There are times when the amount of deterrence gained from excluding evidence from trial is outweighed by the cost to society that results from the exclusion. d. Both b and c

Both b and c

8. Which of the following statements is correct? a. Once probable cause is established through aerial surveillance that contraband can be found in a person's yard, the officer does not need a warrant to enter the property and seize the contraband. b. Contraband that is discovered through aerial surveillance can be used to establish probable cause to obtain a search warrant to enter the property and seize the contraband. c. Aerial surveillance can be used to detect the existence of contraband in one's yard, but a warrant is still required to enter the property to seize the contraband. d. Both b and c are correct.

Both b and c are correct.

Documents can be authenticated by: a. Witness testimony b. A lay opinion on the handwriting in the document c. A handwriting expert d. All of the above.

All of the above

Factors considered by the court in determining whether or not property was abandoned include: a. Where the property was found b. The condition of the property c. The type of property d. All of the above

All of the above

A warrant is issued based on ____________.

probable cause

How did the Court distinguish a Terry stop from a custodial arrest?

A Terry stop is conducted for a narrow investigative purpose and creates a limited intrusion on individual liberty.

In which of the following places can the police enter without a warrant?

A business that is open to the public

Areas of inquiry by a court when assessing issues of use of force by police when making an arrest include: a. Was it reasonable for the police to have used physical force in making the arrest? b. How much force was reasonable for the police to have used under the circumstances? c. Both a and b d. Either a or b

Both a and b

Which of the following statements is correct?

A person has the highest expectation of privacy in his or her own home.

Which of the following statements is true about the physician-patient privilege?

@ Cognitive Domain: Understanding; Answer Location: p. 232; Question Type: MS

According to the U.S. Supreme Court, probable cause is: a. Based on common sense b. Based on a practical evaluation of the totality of the facts c. Based on law enforcement's expertise learned from their experience on the streets d. All of the above

All of the above

Confessions are important to the criminal justice process because: a. They help police solve crimes where there is an absence of scientific evidence and witnesses. b. Acknowledging guilt is the first step toward rehabilitation c. Confessions facilitate both criminal convictions and exoneration of the innocent d. All of the above

All of the above

A(n) _____________ under the Fourth Amendment occurs when an individual is lawfully taken into custody.

arrest

Direct observation is one way a police officer can establish probable cause to arrest an individual. Other ways a police officer can establish probable cause for an arrest include: a. Hearing an incriminating remark made by the suspect b. Smelling marijuana c. Frisking an individual d. All of the above

All of the above

A marital communication may not be privileged if: a. The communication was overheard by other persons b. The communications were read by other persons c. Other individuals had access to the communications d. All of the above.

All of the above

A search incident to an arrest must be contemporaneous with the arrest. This means that the search must occur: a. Immediately before the arrest b. At the same time of the arrest c. Immediately after the arrest d. All of the above

All of the above

In Chimel v. California, the Court stated three purposes for allowing a police officer to search a person who has been arrested. The reasons stated by the Court include: a. To seize weapons that may harm the officer, could be used to resist arrest, or used to flee b. To prevent the destruction or concealment of evidence c. To exert control over the suspect and limit his or her right to privacy d. Both a and b

Both a and b

The 1963 case Wong Sun v. United States tested which exception the exclusionary rule?

Attenuation

A review of the constitutionality of the use of non-deadly force to effectuate an arrest is:

Based on whether the officer's actions were objectively reasonable under the totality of the circumstances

The scope of the clergy-penitent privilege includes:

Communications made while seeking spiritual guidance

The ____________________ of the Sixth Amendment limits the use of hearsay.

Confrontation Clause

In Florida v. Bostick, the U.S. Supreme Court held that the proper inquiry to make to determine if Bostick was seized by the agents who boarded the bus and searched Bostick's luggage after Bostick gave them consent to do so is:

In light of the totality of the circumstances, would a reasonable person feel free to decline the officer's request or terminate the police encounter?

is evidence that is discovered as a result of the unlawfully seized items.

Derivative evidence

___________ is evidence that is obtained as a result of an unreasonable search.

Direct evidence

The U.S. Supreme Court has identified four factors to help a police officer distinguish curtilage from open fields. Those four factors are:

Distance, enclosure, function, and protection

Types of visual images that require authentication include all the following, except:

Eyewitness observations

Which of the following reflects the U.S. Supreme Court's view on police reliance on technology to obtain a warrant? a. Technology may be used without a search warrant to enhance observation of an area or object already in plain view. b. Technology may not be used without a warrant founded on probable cause to engage in the surveillance of the interior of a home in order to detect activity that otherwise would not be revealed without physically entering the home. c. Technology cannot be used without a search warrant to enhance any object located in the home or curtilage. d. Only a and b are correct.

Only a and b are correct.

Which of the following statements are true about documentary evidence? a. The documents must be relevant. b. The document's probative value must outweigh any resulting prejudice. c. The party introducing the documentary evidence must authenticate the document. d. Only a and b are true.

Only a and b are true.

Authentication of a document means establishing that the document is accurate or truthful. T or F?

False

Miranda warnings are required only for felonies. True or False?

False

Reasonable suspicion is assessed from the subjective viewpoint of the police officer. True or False

False

The process for the issuance of an arrest warrant is an adversarial process.

False

The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial. T or F?

False

The first step taken when challenging the reasonableness of a search is:

File a pretrial motion challenging the search

The warrant requirement is found in the ________ Amendment.

Fourth

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect.

Functional equivalent of express questioning

In 1928, in Olmstead v. United States, the U.S. Supreme Court examined the issue of whether evidence gathered through warrantless wiretaps of home and business telephone lines was obtained in violation of the Fourth Amendment. The majority of the justices found that: a. The evidence—conversations—was heard and did not amount to a search and seizure of a physical object. b. The defendant had no reasonable expectation of privacy when transmitting information over telephone lines that he did not own. c. While the telephone lines did enter the home, the wiretaps were placed outside of his home and thus did not amount to an intrusion into the home. d. Only a and c

Only a and c

Which of the following must an arrest warrant describe with "particularity?" a. The name of the person to be arrested b. A description of the person to be arrested c. The time and place that the offense took place d. Only a and c

Only a and c

The psychotherapist-patient privilege would not prevent a therapist from testifying:

In a court-ordered mental exam

One criticism of testimonial privilege is:

It inhibits the truth.

Under the silent witness theory, which of the following is not part of the authentication process?

Someone must testify that the video tape from a surveillance camera fairly and accurately portrays the events that occurred based on his or her personal knowledge.

In Wolf v. Colorado, the U.S. Supreme was called on to address whether evidence seized in violation of the Fourth and Fourteenth Amendments could be used in state court and held that:

State courts were not required to exclude from trial evidence that was seized in violation of the Fourteenth Amendment.

Under which of the following circumstances is the communication between a physician and patient subject to privilege? a. When the communication is made to the doctor in search of a diagnosis for the illness b. When the communication is made by the patient during treatment for the ailment c. When the communication is made during an examination for insurance coverage d. Only a and b

Only a & B

A search warrant requires particularity, meaning: a. The warrant must state the specific address of where the search will occur. b. The warrant must identify the specific objects that are likely to be found in the search. c. The warrant must identify the specific persons associated with the specific address and objects. d. Only a and b

Only a and b

Self-authentication is useful at trial because: a. It eliminates the need for authenticating testimony. b. It saves money by not having to produce an authenticating witness. c. It produces evidence that cannot be challenged by opposing counsel. d. Only a and b are correct.

Only a and b are correct.

The recognized privileges generally have certain common requirements. Which of the following represents a common requirement? a. The statement must have been made or communicated in confidence. b. The holder of the privilege may waive the privilege. c. Privilege ends with the death of one of the holders of the privilege. d. Only a and b are correct.

Only a and b are correct.

The Fifth Amendment protection against self-incrimination encompasses all the following, except:

Participation in a lineup

Which of the following represents the Court's position on third-party consent when the premise is co-occupied?

Police cannot rely on the consent to a search by one co-tenant when the other co-tenant objects to the search.

Potential problems and challenges of confessions for the criminal justice system include:

Police officers may use coercive psychological or physical methods to extract confessions

A Terry stop is based on:

Reasonable suspicion

In the last 3 decades, the U.S. Supreme Court has relied on the good faith exception to the exclusionary rule to uphold the constitutionality of searches in five circumstances. These include all of the following, except:

Reliance on a statute that had been declared unconstitutional before the warrant was issue

Addressed by the Court in Hiibel, the stop-and-identify statutes:

Required individuals to present identification during a reasonable suspicion stop

The right against self-incrimination applies to which of the following?

Requiring the defendant to give testimony at trial

Evidence, such as oral testimony, that a party seeks to rely on to prove the contents of an original document is:

Secondary evidence

___are documents that require no independent proof of their identity.

Self-authenticating documents

The ______________ is a practice where federal agent rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court.

Silver platter doctrine

What is the U.S. Supreme Court's position on a police officer requiring the driver and the passengers of a vehicle to get out of the vehicle during a Terry stop?

Such acts are permissible because the concerns for officer safety outweigh the di minimis intrusion of the liberty of the vehicle's occupants.

How did the Court apply their holding in Belton when asked in Thornton v. United States to decide whether the police could search an individual's vehicle when the individual had exited the vehicle before being approached by the police officer and placed under arrest?

The Court held that Belton applied to persons who had exited their vehicle prior to any contact with the police office and was subsequently placed under arrest.

Which of the following is not one of the three constitutional provisions relied on by the judiciary to ensure that convictions are obtained through fair procedures?

The Fourth Amendment right to privacy clause

Which of the following is true about the news media privilege?

The U.S. Supreme Court has rejected the notion that the First Amendment mandates the news media privilege.

If a client plans to take the witness stand at trial and deny committing the crime charged with despite having confessed to his attorney that he committed the crime, which of the following actions can attorney take?

The attorney has an obligation to try to convince the client to testify truthfully or to withdraw from the case.

The oldest privilege protecting the confidentiality of communication is:

The attorney-client privilege

_____________ in Federal Rule 1002 requires that "to prove the content of writing, recording, or photograph, the original writing, recording, or photograph is required except as otherwise provided."

The best evidence rule

Which of the following is true about consent to search?

The burden is on the prosecution to establish the voluntariness of consent.

A death certificate is considered self-authenticating only when:

The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original.

Which of the following statements are true about the clergy-penitent privilege?

The clergy can refuse to testify in some circumstances even when the penitent has waived the privilege.

Which of the following statement is true about the attorney-client privilege?

The client must waive privilege for either the client or the attorney to disclose confidential information stemming from their professional relationship

The following statement is not a correct statement about the collateral proceedings exception:

The collateral proceedings exception excludes unlawfully seized evidence from all criminal proceedings associated with the charges, up to and including the formal trial.

To introduce a ransom note into evidence, the offering party must establish all of the following, except:

The contents of the document must be accurate.

A police officer conducted an unlawful search of Fred's vehicle. When the police office momentarily stepped away from the vehicle, Fred sped away. With the police officer in pursuit, Fred opens the window in the vehicle and voluntarily throws narcotics out the vehicle's window. The drugs are subsequently seized by the police in Fred's arrest for possession of narcotics. Fred files a motion to suppress the narcotics. Applying the attenuation exception, how would the court rule on Fred's motion?

The court would deny Fred's motion.

The Sixth Amendment right to counsel applies:

To state and federal officers

To determine if an interaction between a police officer and a civilian is an encounter or a seizure, the courts apply the ____________ test.

Totality of the circumstances

What approach does the Court take use when assessing a Miranda waiver?

Totality of the circumstances

In the so-called false friend cases, the Court took the position that a person assumes the risk that the person he or he is communicating with may be working as a government agent or informant.

True

Most arrests take place without a warrant.

True

The U.S. Supreme Court has divided a person's home and the land surrounding one's home into three separate categories. Which of the following is not one of the three categories?

The detached garage

One of the key arguments in support of the exclusionary rule is that the exclusionary rule deters the police, thus serving to prevent future violations, not repair past violations.

True

Police officers need no warrant or probable cause to enter an open field.

True

Probable cause is a matter of probabilities and not certainties. T or F?

True

Race may be considered a factor in determining whether there is reasonable suspicion. True or False

True

The issue before the Court in Katz was whether Katz had a reasonable expectation of privacy when making a call from a glass-enclosed telephone booth.

True

The primary purpose of searches and seizures of law enforcement officers is to collect items that will assist law enforcement in the investigation of unlawful activity. T or F?

True

Before a judge can admit a photograph into evidence:

The judge must balance the probative value of the evidence against its prejudicial impact.

If evidence was seized from a warrantless search, which of the following statements is true?

The law enforcement officers bear the burden of proving that the search constituted an exception to the search warrant requirement.

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:

Under no circumstances

What two interests were balanced by the U.S. Supreme Court in the establishment of the reasonable suspicion standard?

The need for swift action by the police to investigate and detect crime and the modest intrusion on individual privacy

Police officers may open and search containers found inside a vehicle when:

The officer has probable cause to believe that the container houses the object of the search

Which of the following statement is true regarding authentication of a document?

The party introducing the document bears the burden of authenticating the document.

The exclusionary rule was established by the U.S. Supreme Court in in 1914 in

Weeks v. United States

Which of the following is incorrect about a Terry stop?

The police may detain the person until they can establish probable cause.

Which of the following describes the conditions that need to be met under the Aguilar-Spinelli test?

The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the police officer must indicate how the informant obtained knowledge of the criminal activity.

For the marital communication privilege to attach, all the following are true, except:

The privilege attaches to couples who have resided together as husband and wife for at least 10 years.

Which of the following statements is true about the physician-patient privilege?

The privilege belongs to the patient.

The U.S. Supreme Court used the following rationale to justify how the search of the passenger compartment of a vehicle can fall under the scope of a Terry frisk for weapons:

When a police officer possesses a reasonable belief that the suspect is potentially dangerous and may gain immediate control of weapons

Under the Court's ruling in Atwater v. City of Lago Vista, the Court addressed the question of whether the Fourth Amendment prohibits a custodial arrest for an offense that is not punishable by jail when there is no immediate need for detention of the suspect. The Court held:

When officers have probable cause to believe that an individual has committed even a minor criminal offense in their presence, they may make an arrest without violating the Fourth Amendment.

Typical explanations for knock and announce rule include all the following, except:

The rule provides police with the opportunity to execute the warrant in a nonhostile environment and to obtain more evidence with the cooperative home owner.

Under Chimel, if Tom is arrested in his home pursuant to an arrest, what is the permissible scope of a search that can be conducted by the police officers once the arrest warrant is executed?

The search area includes Tom's person and the area of Tom's immediate control.

Once an individual is stopped pursuant to a Terry stop, which of the following can occur without the stop amounting to an arrest?

The stopped individual can be moved involuntarily to protect his or her safety and security.

To meet the constitutional requirements, how must a police officer recite the Miranda warnings?

There is no specific manner so long as the warnings viewed in their totality convey the essential information to the suspect.

What is the purpose of using models or diagrams in a trial?

To illustrate testimony

At what point during a police encounter is Miranda triggered?

When the individual is under police control and is questioned in an isolated and unfamiliar environment.

What question does a court typically ask when determining if a person is under arrest?

Whether a reasonable person would feel free to leave

In ________________ the U.S. Supreme Court, held that the requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment, and therefore unreasonable searches and seizures by state officials were prohibited.

Wolf v. Colorado

An opposing lawyer's attack on a witness's credibility during cross-examination is called

impeachment

If the government can prove, by a preponderance of the evidence, that without a doubt the evidence would have been discovered in the same condition in a lawful fashion, the evidence may be admitted into evidence as the _______________ exception to the exclusionary rule.

inevitable discovery