Evidence Final
The public safety exception was defined in
NY v. Quarles
What privilege was rejected by the USSC and is usually protected by shield laws made at the state level?
News reporter and source privilege
What federal statute allows civil claims for violations of constitutional rights and provides for civil damages against state governments and/or actors as well as attorney fees
Section 1983
Constitutional amendment that protects a wrongfully convicted person who received ineffective counsel
Sixth Amendment
Two critical requirements for meeting the Daubert standard
The science in question must be valid and whether it has been generally accepted in the scientific community
Which of the following is not true of administrative searches?
They must be based on probable cause
Which of the following is not true of search warrants
They must include the date of the search
Prosecutors and police often have immunity from wrongful conviction lawsuits
True
In which case did the USSC allow random drug testing of high school athletes
Veronia School District v. Acton
Explain a situation where a prosecutor can comment on a defendant claiming the right to remain silent
a defendant claims during closing arguments that her story was never told
What is an example of an arrest
a person is handcuffed and taken to a stationhouse
When would a police officer not need a search warrant to conduct a search
a police officer pulls over and notices a bag of marijuana in the passenger seat
A right held by a person who was a party to a confidential relationship, the sanctity of which the law values above the search for the truth, is
a privilege
A frisk must be
aimed at discovering weapons
The introduction of evidence sufficient to sustain a finding that an object is the object that the proponent of the evidence claims it is
authentication
A detention's reasonableness is
based on common sense and ordinary human experience
DNA degrades if it is not kept
both cold and dry
For a warrant to be valid, it must be issued by a (1) magistrate
both neutral and detached
What is an example of "effects" protected in the Fourth Amendment
car
The Sixth Amendment provides the suspect the right to
counsel
This term can be defined as the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"
curtilage
The term "seizure" has dual meaning. What are they?
(1) the fruits of searches that are seized and (2) the seizures of persons
a rule of thumb to tell when either the judge or jury should make decisions is that judges make (1) decisions and juries make (2) ones
(1)legal; (2) factual
Evidence, such as maps, charts, and reconstructions, are known as
demonstrative evidence
This is a rule whereby the state cannot use any evidence derived from the immunized testimony against the witness
derivative use immunity
Occurs when wrongfully convicted individuals have been set free after having been convicted of crimes they did not commit
exonerations
A frisk is permissible only when an officer
is in fear of their safety
In Atwater v. Lago Vista, what was the misdemeanor that had Atwater arrested?
seatbelt violation
Category of evidence that requires no extrinsic evidence, such as witness testimony, as to their authenticity; they are deemed authentic on their face, or a t first glance
self-authenticating documents
Interrogation is questioning that
tends to incriminate the individual being questioned about their involvement in a crime
An inspection is valid without a warrant if
the benefits of the inspection outweigh the costs of inconveniencing certain segments of the population
The best evidence rule should be applied when
the contents of a copy are in dispute
What is not an exception to the knock and announce rule?
the occupant of a dwelling has an extensive criminal record
The USSC ruled that requiring school officials to obtain a warrant before conducting searches of students
would interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools
Rochin v. California was a special circumstance in terms of the search warrant requirement where
a defendant had his stomach pumped
What is it called when the activity in question is not a product of government action and does not infringe upon a person's reasonable expectation of privacy?
a non search
A search of an apartment complex conducted by a health code inspector would typically be based on
administrative justification
An inventory searched of seized automobiles would be typically based on
administrative justification
Marital testimonial privilege covers
adverse testimony
In Terry v. Ohio, the court
allowed patdowns based on reasonable suspicion
What does it mean to be a "convicted innocent"?
an individual who is arrested and pled or was found guilty, but is, in fact, innocent
When can a police officer not use the automobile exception to the warrant requirement
an officer arrives on a parcel of land for a domestic dispute and notices a mobile home on a cinder block foundation
Plain view
applies if the police have lawful access to the objects to be seized
There are situations where warrants are always required; one is
arrests in a home absent exigent circumstances
Employers can require employees to submit to drug testing
as a term of their employment
Particularity in a search warrant depends on whether the police know
both place to be searched and detailed items to be seized
What is an example of an individual's "effects" protected by the Fourth Amendment
clothing
The term "evanescent" when describing certain evidence stands for
disappearing
Compulsion can occur
during questioning; in written documents; when a person is threatened with non-criminal sanctions by failing to testify
Fair examination rule
ensures that a witness at either a trial or grand jury hearing can be compelled to answer questions after they have waived Fifth Amendment privilege and begin to testify
The automobile exception is based upon the justification that the
evidence would be lost if the police obtained a warrant
If property damage is (1), police actions can be deemed unconstitutional
excessive
Common causes of wrongful convictions
eyewitness misidentification; false confessions; perjury
Competent legal assistance is protected by the Fifth Amendment
false
DNA can always be used to prove the innocence of a person wrongfully convicted
false
Devices that enhance the senses but are not generally considered a search include
high-powered flashlights
School children can be drug tested
if they are in extracurricular activities
A third party can consent to a search
if they possess common authority over the area searched and if the nonconsenting party is not present
Which one of the following can one not expect to have a reasonable expectation of privacy?
in abandoned cars, containers, and other items
Border checkpoints are justified
in the interest of national security
Polygraph results are
inadmissible in most court hearings
What are requirements for a search or arrest warrant to be valid
issued by a detached magistrate; particularity; probable cause
For a consent search to be valid,
it must be voluntary
For a waiver to be made clear by the individual, it must be
knowing and intelligent
In this type of identification procedure, the suspect is placed alongside several other people who, more, or less, resemble the suspect
lineups
Disclosure of confidential communications between spouses is protected by
marital communications privilege
An incriminating statement is any compelled statement that
may be used in a criminal proceeding
What is an example of "papers" covered in the Fourth Amendment
memos
What is individual legislation to provide compensation for wrongfully convicted people
moral obligation bills
In Arizona v. Gant, the court held that vehicle searches incident to arrest
must be narrowly focused on objects related to the offense of the arrest
For the police to bring a suspect to the stationhouse for detention, they
must have probable cause
Particularity in an arrest warrant depends on whether the police know the suspect's
name
When a person is confronted by the police and is still free to leave, this is known as a
non stop
Aside from custodial interrogation, compulsion can take place during
noncustodial questioning; trial; grand jury questioning of witnesses
Confession
occurs when a person implicates themself in criminal activity following police questioning and/or interrogation
Admisstion
occurs when a person implicates themself in criminal activity without any police encouragement and not preceded by police questioning
Magistrates are
only judges
What three things does the Fourth Amendment protect from unreasonable searches and seizures
papers & effects, houses, and persons
What are steps in minimizing suggestiveness in police lineups
persons in the lineup should have different physical characteristics; Lineups should be recorded; Lineups should consist of at least 5 people, including the suspect
In camera is a
private hearing held in the judge's chambers
Arrestss require
probable cause
Warrants require
probable cause
What is the only justification mentioned in the Fourth Amendment?
probable cause
Which of the following is characterized by more than 50% certainty of guilt?
probable cause
Testimonial privilege was created to
protect the confidentiality of communications that take place in certain relationships
What is not a justification for a search or an arrest
reasonable doubt
Stops only require
reasonable suspicion
What allows a police officer to stop an automobile but not immediately arrest the occupant
reasonable suspicion
What can reduce erroneous identifications by victims and eyewitnesses
reform police lineups
What is the most common source of false matched in regard to flawed DNA testing
sample mix-up
When should search warrants be issued
should be served promptly after it is issued
Common types of identification procedures
showups; lineups; photographic arrays
What is not a reason DNA testing could be flawed
small sample
This interpretation of the warrant clause says warrants should always be secured whenever it is practical to do so
the "warrant preference" interpretation
This interpretation of the warrant clause says there must be a warrant to permit search, barring only inherent limitations upon that requirement when there is a good excuse for not getting a search warrant
the "warrant requirement" interpretation
What are exceptions to the requirement that police officers obtain warrants for misdemeanors committed out of their presence
the misdemeanant will flee; evidence will be destroyed; others will be harmed
What are exceptions to the knock and announce rule?
the occupant of a dwelling: is violent; knows the authority and purpose of the police; may destroy evidence
Miranda is applicable when
the police interrogate a suspect who is in custody
If items are seized after the service of a search warrant,
the police will inventory those items
The Fourth Amendment contains two basic clauses:
the reasonableness clause and the warrant clause
Before a court will determine that a testimonial privilege exists,
the relationship must be one that society believes should be promoted and protected
A frisk is permissible if
there is reasonable fear for officer safety
What is a criticism of testimonial privileges
they sometimes exclude important relevant evidence
What is not a reason for the passage of compensation statutes?
to give wrongfully convicted persons lots of money
The armspan rule limits a search
to the area within a person's immediate control
Types of immunities:
use, transactional, and derivative use
Statement of the modern majority rule concerning the marital testimony privilege
A spouse can never testify against a spouse in a criminal trial
How many defendants are sentenced to death in the US and later shown to be innocent
4.1%
Until 2004, under federal law, a wrongfully convicted person could receive a max of only
5,000$
When is the attorney-client privilege not applied
A client confesses to a murder and hands the murder weapon to the attorney for safe-keeping
What case developed the armspan rule
Chimel v. California
Wrongful convictions are easy to overturn
False
The right to remain silent is covered in the
Fifth Amendment
Individuals are protected from being compelled to testify by the
Fifth amendment
The protection against self-incrimination is applicable to the states through the
Fourteenth amendment
In what state did the governor give pardons to everyone on death row?
Illinois
What was the "bright-line" rule that was set in place by Payton v. NY
Arrest in the home must be accompanied by a warrant if no exigent circumstances exist
What are restrictions on warrantless arrests?
Arrests in the home of third parties cannot be made without a search and arrest warrant unless exigent circumstances exist; a judicial determination of probable cause must be made following arrests made without warrants; arrests in private residences cannot be made without a warrant unless exigent circumstances exist
