AJ14 Final Exam

Under the Federal Rules of Evidence, what is the minimum age a document needs to be in order to be treated as an ancient document?

20 years old

The privilege against self-incrimination is found in the _____ Amendment.​

5TH

The admission of hearsay testimony may sometimes violate the _____ Amendment.

6th

As a general rule, a search warrant may be served between the hours of _________ unless exigent circumstances are present.

7 am to 10 pm

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

A preliminary hearing in the same case

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

Admissions

Secondary evidence may be admitted in place of the original in what situation?

All apply

Which of the following would be an example of a Business Record for admissibility in court?

All apply

Which one of the following would be a way of authenticating something in court.

All are ways of authentication

Which of the following is a way that a Forensic Document Examiner can testify for or against authenticity by examination

All are ways that tests can be done

In legal documents, the term "writing" refers to:

All of these

"Statement" as used in the Hearsay Rule means:

All of these are considered

Police officers can rely on consent given by:

Anyone with apparent authority over the area

The original document should be admitted in preference to any duplicates is a statement of what rule of evidence?

Best Evidence Rule

Which of the following would not be an example of a Sealed Government Document?

California Drivers License

The Constitution's _____ Clause and the rule against hearsay protect similar values.​

Confrontation

How does a spontaneous statement differ from a contemporaneous declaration?

Contemporaneous declarations can be made in response to questions but spontaneous statements can not

With regard to testimonial hearsay, the U.S. Supreme Court overruled Ohio v. Roberts in which supreme court decision _____.

Crawford v Washington

Which of the following exceptions to the Hearsay Rule apply only if the declarant is unavailable?

Declaration Against Interest

The Claim that the President need not disclose confidential communications was addressed in the case of US v Nixon. Who was the first President to claim the privilege?

George Washington

In which of the following situations would the defense have a right to know if a police officer's personnel file contains complaints about the officer's on-duty conduct?

If the defendant was arrested for battery on the officer but claims he/she acted in self-defense

Police may search a car when it is stopped because there is reasonable suspicion the occupants are engaged in criminal activity:

If there is reasonable suspicion there are weapons in the vehicle

Which US Supreme Court case established the "Totality of Circumstances test" for probable cause?

Illinois v Gates

Which supreme court case extended the Exclusionary Rule to the states via the 14th amendment?

Mapp v Ohio

The case establishing the right for police to conduct DUI Checkpoints or roadblocks was __________

Michigan State Police v. Stiz

Police may seize trash in opaque bags that have been left at the curb for the garbage collector.

No warrant required because there is no objective expectation of privacy

Admissions of a party to the case are admissible in court:

Only if introduced by the opposing party

Some documents carry a presumption of admissibility. Which of the following is not such a document

Police report

Which of the following would not be considered an Official Record for court admissibility?

Report made by a neighbor to Child protective Services

Which supreme court decision prohibited police from using a stomach pump to retrieve narcotic evidence?

Rochin v California

Which of the following is not a requirement for obtaining a search warrant?

Strong hunch by veteran police officer

Which supreme court decision prohibited the use of deadly force (a seizure) in other than life endangering situations?

Tennessee v Garner

The Plain View Doctrine differs from the Open Fields Doctrine in that:

The Plain View Doctrine requires the officers be legally at the location where the observation was made but the Open Fields Doctrine applies even if officers were trespassing.

The seizure of abandoned property is not a violation of the Fourth Amendment because:

The seizure does not violate an objective or a subjective expectation of privacy.

What is the minimum number of matching characteristics that a forensic document examiner must find before he/she can state that the handwriting exemplar and the document in question were most likely written by the same person?

There is no set number of matching characteristics

Prior consistent statements are admissible:

To rehabilitate a witness

Which supreme court decision established the good faith exception to the Exclusionary Rule?

US v Leon

Which supreme court case established the Exclusionary Rule of evidence?

Weeks v US

In legal terms, "photographs" includes:

X-ray films

An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused.

absolute

Under the Federal Rules of Evidence and in a number of jurisdictions, _____ is specifically defined as not being hearsay

admissions by a party opponent

If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements _____.

against penal interest

For computer generated animation depicting the crime to be admissible at trial:

all evidence depicted in the animation must be relevant and to scale

A privilege covers:

all of these

Which of the following would be considered public records?

all of these are considered public records

The "totality of the circumstances test" established in Illinois v. Gates:

allows judges to look at all of the facts when issue a search warrant rather than requiring that informants be shown to be previously tested for reliability.

When conducting aerial surveillance under the Plain View Doctrine, a helicopter may fly:

anywhere the FAA (Federal Aviation Administration) allows helicopters to fly

A person can assert the privilege against self-incrimination _____.

at any judicial proceeding

Proof that a document is what it purports to be is called ________

authentication

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.

co-conspirator

When one spouse has _____, marital privilege does not apply.​

committed a crime against the other

Statements that would otherwise be testimonial and require that the defendant have the right to _____ under the rule of Crawford v. Washington can be admitted if they are not intended to prove the truth of their contents.

confront

The use of hearsay is problematic because it involves a violation of the defendant's right to _____

confront and cross examine witnesses

Statements made during the initial conference with an attorney are:

covered by the attorney-client privilege

The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for _____.

cross examination

The physician-patient privilege _____.

did not exist at common law

In hearsay testimony, the person on the witness stand _____

did not personally witness the event

A co-conspirator's statement can be used at the trial of the other conspirator:

during the course of the conspiracy

The statement by a shooting victim just prior to death would probably be admissible under the hearsay exception for _____.

dying declaration

A(n) _____ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

excited utterance

The U.S. Supreme Court lowered the standards for search warrants to facilitate government searches to enforce _____.

fire, health, and housing codes

Historically, which of the following were exceptions to the clergy-penitent privilege?

historically there were no exceptions to this privilege

Prosecutors generally have a privilege not to reveal the _____.​

identity of confidential informants

Probable cause is not needed to conduct searches of probationers:

if consenting to a search is a condition of their probation.

The police do NOT need a warrant to enter a house:

in emergency situations to render medical aid to people in the house.

The problem with hearsay testimony is that the person who actually saw the events _____

is not on the witness stand

When introducing documents at trial, "secondary evidence":

is testimony introduced when documents are not available

Which of the following is NOT a "closely regulated industry" for Fourth Amendment purposes?

jewelry store

Information supporting issuing a search warrant must be:

made under oath or affirmation.

If a defendant invokes the privilege against self-incrimination and refuses to testify at trial, the prosecutor should:

make no comment on the defendant's invocation of his/her rights

In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for patients who _____.

may be a danger to themselves or others

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

must relate to cause of impending death

A lay person can take the witness stand and identify the handwriting on a document:

only if the witness is familiar with the handwriting of the person in question

The privilege not to testify against a spouse can be invoked:

only while the husband and wife are actually married

Which of the following is not an exception to needing a search warrant

open door exception

Serious issues with computer records as rule does not easily fit. Federal Rules of Evidence now consider computer printout as a/an___________

original

When officers arrest someone who is in a car, the officers are allowed to search:

passenger compartment

The physician-patient privilege belongs to:

patient

The attorney-client privilege does not apply when the client informs the attorney of _____.

planned crimes

Security screenings and seizures of items CANNOT occur without warrants or probable cause at _____.

private functions

Based on the Plain View Doctrine, if an officer is legally at the location, what level of certainty to believe that the item is contraband, does an officer need to legally seize an item?

probable cause

Reasonable belief based on facts that a person committed a crime (arrest) or that a location contains evidence related to a crime (search) is the definition of ____________.

probable cause

What is the purpose of the "return" on a warrant?

provide a record of when the warrant was served and what evidence was seized

Many states have a _____ privilege for journalists, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities

qualified

A forensic examination of a computer can

recover files that have been erased

There is a hearsay exception for business, government, and religious records as long as the records are _____.

regularly kept

When executing a search warrant, officers may:

search only in locations specifically described in the warrant

A "protective sweep" allows an officer to:

search the immediate area for people who may ambush the officers

A certified copy of a court document is usually signed by:

someone in the court clerk's office in the court where the document originated

For Fourth Amendment analysis, searches and seizures that are not conducted for the purpose of criminal investigation are termed _____ searches.

special needs

A confidential attorney-client conversation would remain privileged even though the client was accompanied by their:

spouse

The facts presented to a judge to support issuing a search warrant should be very detailed because:

the judge will use them to independently decide if there is probable cause.

"Standing" refers to: __________

the right to ask a court to take legal action

The First Amendment freedom of the press has been interpreted by the U.S. Supreme Court as establishing a privilege for reporters:

there is no constitutional privilege for the media

The Exclusionary Rule currently applies:

to both local and federal law enforcement agents

The clergy-penitent privilege currently applies:

to confidential communications for the religious guidance in compliance with the denomination's doctrines

To fall within the hearsay rule, the testimony must be offered to prove the _____.​

truth of the matter asserted in the statement

The Fourth Amendment prohibits:

unreasonable searches and seizures.

When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule?

when victim makes statement before officers asks him/her questions

The police have a right to inventory cars:

whenever they legally impound a vehicle.