CJ 433 Ch. 11, 12 & 4

The term "seizure" has a dual meaning. What are they? a) (i) the fruits of searches that are seized and (ii) the seizures of persons b) (i) the fruits of searches that are seized and (ii) the motive of the seizure c) (i) the motive of the search and (ii) the motive of the persons seized d) (i) the motive of the seizure and (ii) the seizures of persons

a) (i) the fruits of searches that are seized and (ii) the seizures of persons

A statement made for the purpose of medical diagnosis of the declarant is an exception to the hearsay rule. What is its primary rationale? a) Reliability b) Necessity c) Oath d) Seriousness

a) Reliability

Admissions by party opponents are not considered hearsay. a) True b) False

a) True

The hearsay rule traces its origins to a) English evidence law. b) Anglo-American evidence law. c) Roman evidence law. d) common law.

b) Anglo-American evidence law.

The modern-day hearsay rule also finds support in the confrontation clause of the Fifth Amendment. a) True b) False

b) False

A statement is admissible, whether or not the defendant is available as a witness, if the content of the statement relates to a) a life-or-death situation. b) a startling event. c) the crime. d) relevant evidence.

b) a startling event.

The Fourth Amendment contains two basic clauses: a) the warrant clause and the evidence clause. b) the reasonableness clause and the warrant clause. c) the warrant clause and the probable cause. d) the evidence clause and the reasonableness clause.

b) the reasonableness clause and the warrant clause.

Which one of the following is not a part of the three varieties of information that is given by informants? a) known b) unknown c) anonymous d) confidential

b) unknown

Which of the following cannot be considered hearsay? a) Written wording b) Prior statement indicting c) Admissions by party opponents d) Subsequent consistent statements

c) Admissions by party opponents

This is a type of hearsay exemption where silence, not conduct, serves as an admission of guilt. a) admission by trial b) admission by testimony c) adoptive admission d) admission by conduct

c) adoptive admission

Out-of-court statements identifying a person after the declarant has identified the person are prior a) inconsistent statements. b) consistent statements. c) statements of identification. d) written affidavits.

c) statements of identification.

In 1603, this individual was on trial for conspiracy to overthrow the King of England a) Sir Walter Raleigh b) Sir Robert Peel c) John Augustus d) Hans Gross

a) Sir Walter Raleigh

A recorded (written or recorded on audio) statement of a declarant may be read into evidence or played for the trier of fact, provided that a number of conditions are met. Which of the following conditions is not required? a) The statement does not have to be an accurate reflection of the knowledge of the witness/declarant at the time that it was made. b) The statement has to concern a matter of which the declarant would have had personal knowledge. c) The statement had to be made or "adopted" by the declarant when the event he or she was making a statement about was still fresh in his or her memory. d) Declarant has to be a witness in the case.

a) The statement does not have to be an accurate reflection of the knowledge of the witness/declarant at the time that it was made.

An inventory search of seized automobiles would be typically based on a) administrative justification b) probable cause c) reasonable doubt d) reasonable suspicion

a) administrative justification

Testimonial evidence is relevant only if the witness a) all of these b) accurately perceived the event he or she is testifying about. c) now correctly recalls his or her perception d) now wishes to communicate his or her recollection accurately and honestly.

a) all of these

The Fourth Amendment protects __________ from unreasonable searches and seizures. a) all of these b) persons c) effects d) papers e) houses

a) all of these

The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. Examples of "effects" could be a) cars b) memos c) diaries d) all of these

a) cars

Unrestricted hearsay exceptions a) do not require that the declarant be inaccessible. b) cannot be made out-of-court. c) require that the declarant be accessible. d) are only available to witnesses for the defense.

a) do not require that the declarant be inaccessible.

A __________ occurs 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) nonsearch b) stop c) search d) frisk

a) nonsearch

What is the only justification mentioned in the Fourth Amendment? a) probable cause b) unreasonable seizure c) unreasonable search d) beyond a reasonable doubt

a) probable cause

Which of the following is characterized by a more than 50 percent certainty of guilt? a) probable cause b) administrative justification c) reasonable suspicion d) reasonable doubt

a) probable cause

Two questions must be answered when determining whether a statement is offered in evidence to prove the truth of the matter asserted. These questions should focus on the content of the statement and the __________ of the statement. a) purpose b) perception c) tone d) history

a) purpose

In this case, the Supreme Court declared that searches by regulatory officials conducting health and safety inspections can be considered governmental actions. a) Coolidge v. New Hampshire b) Camara v. Municipal Court c) Vale v. Louisiana d) Katz v. United States

b) Camara v. Municipal Court

What case resulted in the rule that a person's right to privacy outweighs their location? a) Mapp v. Ohio b) Katz v. U.S. c) Tennessee v. Garner d) Miranda v. Arizona

b) Katz v. U.S.

How many categories of hearsay exceptions do not require the declarant to be unavailable? a) Eight b) Nine c) Two d) Ten

b) Nine

Which of the following constitutional amendments does hearsay often conflict with? a) Fourth amendment b) Sixth Amendment c) Fifth Amendment d) all of these

b) Sixth Amendment

The business records exception includes four restrictions. Which of the following is not one of these restrictions? a) The statement must have been recorded by someone with personal knowledge of the event or condition. b) The statement could have been recorded at any time after the event or condition. c) The statement must have been recorded during the regular course of business. d) The statement must have been recorded as a record of some event or condition.

b) The statement could have been recorded at any time after the event or condition.

Which of the following is not true of administrative searches? a) They cannot be used as a pretext for a full-blown search. b) They must be based on probable cause. c) They must conform to established procedures. d) They cannot be geared toward the discovery of criminal evidence.

b) They must be based on probable cause.

Which court case established the four separate factors of distinguishing between open fields and curtilage as a result of police climbing over several fences where they looked inside the defendant's barn? a) California v. Ciraolo b) United States v. Dunn c) United States v. Taborda d) Florida v. Riley

b) United States v. Dunn

Assume that Shady is on trial for narcotics offenses. Officer Vigilant testifies that Shady fled from her when she attempted to effect an arrest. This is an example of an a) adoptive admission. b) admission by conduct. c) admission by trial. d) admission by testimony.

b) admission by conduct.

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." a) open field b) curtilage c) home d) basement

b) curtilage

Which of the following people uttered the original statement(s) governed by the hearsay rule? a) witness b) declarant c) promoter d) author

b) declarant

A nonverbal act can be considered hearsay if it a) has an unintentional effect b) is intended to prove the matter asserted c) is intended to disprove the matter asserted d) is still an act

b) is intended to prove the matter asserted

This exception covers statements published in books, magazines, pamphlets, and other such documents. a) public records exception b) learned treatises c) statements in ancient documents d) vital statistics exception

b) learned treatises

This out-of-court statement is not offered for the truth of the matter asserted when the (substantive) law makes uttering the statement a consequential fact. a) circumstantial evidence of declarant's state of mind b) legally operative conduct c) prior statements d) effect on hearer

b) legally operative conduct

Which of the following is not a type of reputation evidence that is admissible under the Federal Rules of Evidence? a) character b) none of these c) boundaries d) personal or family history

b) none of these

This is a statement made by the declarant as the event or condition is occurring. a) distant declarants b) present sense impression c) contemptuous declarants d) vital statistics exception

b) present sense impression

The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as a) hearsay exception. b) silent hound exception. c) business exception. d) law enforcement exception.

b) silent hound exception.

The modern-day hearsay rule is supported by the a) Fifth Amendment b) Seventh Amendment c) Sixth Amendment d) Fourth Amendment

c) Sixth Amendment

Under FRE 804(b)(2) a dying declaration is admissible as evidence under all of the following conditions except a) The declarant is unavailable. b) The statement concerns the cause and circumstances of the declarant's anticipated death. c) The declarant did not believe that her death was imminent when the statement was made. d) The statement is offered in a civil action or prosecution for homicide.

c) The declarant did not believe that her death was imminent when the statement was made.

Which of the following is not true of search warrants? a) They must list the place to be searched and the items to be seized. b) They must be issued by a neutral and detached magistrate. c) They must include the date of the search. d) They must be based upon probable cause.

c) They must include the date of the search.

In which case did the Supreme Court allow random drug testing of high school athletes? a) Katz v. United States b) United States v. Sokolow c) Vernonia School District v. Acton d) Terry v. Ohio

c) Vernonia School District v. Acton

Which of the following examples cannot be admitted into evidence using the official records exception? a) a fraudulent accident report filed by defendant b) an incorrect tax return filed by defendant c) a police report filed against defendant d) a recording of a 911 call made by defendant

c) a police report filed against defendant

A search of an apartment complex conducted by a health code inspector would typically be based on a) reasonable doubt b) reasonable suspicion c) administrative justification d) probable cause

c) administrative justification

Which one of the following is not an admission by party opponents that is exempt from the hearsay rule? a) an admission by a co-conspirator of the party b) the party's own statements c) an admission by a person not authorized by a party to speak d) the party's admission by adoption or conduct

c) an admission by a person not authorized by a party to speak

Which one of the following is not a safeguard to ensure that only competent evidence is presented in court? a) taking an oath so the witness feels compelled to tell the truth b) subjecting witnesses to cross-examination so their perceptions, ability to recollect, and sincerity can be called into question by the opposition c) applying stress to the subjecting witness to ascertain the complete truth d) displaying the witness before the whole court so the judge and jury can observe the witness's demeanor and behavior

c) applying stress to the subjecting witness to ascertain the complete truth

There are situations where warrants are always required; one is a) a vehicle search. b) use of airport metal detectors. c) arrests in a home absent exigent circumstances. d) any arrest where the penalty is six months or more in jail or prison.

c) arrests in a home absent exigent circumstances.

SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following? a) telephone conversations b) letters given to the post office c) bank records d) private papers

c) bank records

Devices that enhance the senses but are not generally considered a search include a) none of these b) thermal imagery. c) high-powered flashlights. d) satellites

c) high-powered flashlights.

Which one of the following can one not expect to have a reasonable expectation of privacy? a) in a hotel room b) in one's residence c) in abandoned cars, containers, and other items d) in the curtilage of one's residence

c) in abandoned cars, containers, and other items

When the declarant misspeaks or is misunderstood, it is a matter of a) stuttering. b) uncertainty c) narrative ambiguity d) faulty memory.

c) narrative ambiguity

Upon seeing a car driving at a high speed, a witness testifies that the declarant calmly stated "that looks dangerous." Which one of the following exceptions to the hearsay rule would the example be considered? a) past recollection recorded b) then-existing mental, emotional, or physical condition c) present sense impression d) excited utterance

c) present sense impression

After seeing the defendant in a trial for battery, a witness testifies that declarant stated "that dude looks angry." Which one of the following exceptions to the hearsay rule would the example be considered? a) past recollection recorded b) none of these c) then-existing mental, emotional, or physical condition d) present sense impression

c) then-existing mental, emotional, or physical condition

Until 1967, SCOTUS defined searches mainly according to property law. According to the _______________, to qualify as a search, officers had to physically invade a "constitutionally protected area." a) reasonable expectation of privacy doctrine b) privacy doctrine c) trespass doctrine d) constitutionality doctrine

c) trespass doctrine

Which of the following admissions by a party opponent would not be admissible? a) An employee of the defendant told the witness that the defendant drove home drunk every night. b) A former co-defendant in a robbery trial stated that the defendant needed money to pay gambling debts. c) A defendant in a murder trial had told a witness that the victim was living on borrowed time. d) A victim testifies that the defendant had offered the victim $1,000 to settle the case out of court.

d) A victim testifies that the defendant had offered the victim $1,000 to settle the case out of court.

This court case ruled that the conversation that took place between the defendant in the case and a government official did not qualify as an unlawful search as the official was knowingly and voluntarily in the defendant's suite. a) United States v. Miller b) Skinner v. Railway Labor Executives' Association c) Schmerber v. California d) Hoffa v. United States

d) Hoffa v. United States

When a person is unavailable as a witness, his or her previous testimony can be admitted into evidence in the present trial under which of the following restrictions? a) The same evidence was presented, and it was made under oath and subject to direct or cross-examination. b) It was made under oath and subject to direct or cross-examination, and the defendant's lawyer was present. c) The defendant's lawyer was present, and the former testimony was given in a prior trial, deposition, or similar judicial hearing. d) It was made under oath and subject to direct or cross-examination, and the former testimony was given in a prior trial, deposition, or similar judicial hearing.

d) It was made under oath and subject to direct or cross-examination, and the former testimony was given in a prior trial, deposition, or similar judicial hearing.

Statements regarding character are admissible under which limitation? a) To character relevant to criminal activity b) To character demonstrating fraud or deceit c) To character in the employment setting d) To character in one's community or in a group of which she is a member

d) To character in one's community or in a group of which she is a member

A rental car agreement, signed by the defendant, is introduced into evidence after the victim was found dead in the trunk of the rented car. Which one of the following exceptions to the hearsay rule would the example be considered? a) vital statistics exception b) official records exception c) past recollection recorded exception d) business records exception

d) business records exception

This entitles the accused to be present at trial and face adverse witnesses: a) due process clause b) establishment clause c) Santa clause d) confrontation clause

d) confrontation clause

Saying, "It's freezing in here!" when the heat is cut off in a home—a statement that is wholly subjective—is known as a(n) a) truthful assertion b) intended assertion c) implied assertion d) implicit assertion

d) implicit assertion

Which of the following is not a justification for a search or an arrest? a) administrative justification b) probable cause c) reasonable suspicion d) reasonable doubt

d) reasonable doubt

Which of the following would allow a police officer to stop an automobile but not to immediately arrest the occupant? a) probable cause b) reasonable doubt c) administrative justification d) reasonable suspicion

d) reasonable suspicion

The rationale for allowing excited utterances is a) validity b) seriousness. c) Necessity d) reliability

d) reliability

Which of the following exceptions to the hearsay rule would a marriage license be considered? a) past recollection exception b) official records exception c) business records exception d) vital statistics exception

d) vital statistics exception