Evidence 2
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 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 person can be arrested in his or her home without an arrest warrant under exigent circumstances.
Which of the following statements is correct?
A person has the highest expectation of privacy in his or her own home.
Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant.
ALL OF THE ABOVE
A search incident to an arrest must be contemporaneous with the arrest. This means that the search must occur:
All of the above
Factors considered by the court in determining whether or not property was abandoned include:
All of the above
Factors that must be considered when assessing the legality of the seizure of a person based on a profile include all of the following, except:
All of the above
In New York v. Belton, the Court applied their ruling in Chimel, to an automobile search and held that:
All of the above
In which of the following is there no reasonable expectation of privacy?
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:
All of the above
The right against self-incrimination applies to which of the following?
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?
All of the above
Which of the following individuals would be permitted to authenticate defendant Tom Smith's handwriting at trial?
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?
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:
All of the above are correct.
Which of the following statements is true about testimonial privilege?
All of the above are true.
Which of the following statements is true about the silver platter doctrine?
All of the above statements are true.
A marital communication may not be privileged if:
All of the above.
Reasonable suspicion can be based on:
All of the above.
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
Areas of inquiry by a court when assessing issues of use of force by police when making an arrest include:
Both a and b
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:
Both a and b
The Court looks at which of the following in assessing whether or not reasonable suspicion existed for a stop?
Both a and b
What challenges can be raised to question the validity of a warrant that was issued?
Both a and b
___________ is a method created by the Court to limit the impact of the exclusionary rule.
Both a and b
Which of the following statements is correct?
Both b and c are correct.
The scope of the clergy-penitent privilege includes:
Communications made while seeking spiritual guidance
___________ 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 of the following, except:
Eyewitness observations
The first step taken when challenging the reasonableness of a search is:
File a pretrial motion challenging the search
____________ 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
The psychotherapist-patient privilege would not prevent a therapist from testifying:
In a court-ordered mental exam
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?
A search warrant requires particularity, meaning:
Only a and b
Under which of the following circumstances is the communication between a physician and patient subject to privilege?
Only a and b
The recognized privileges generally have certain common requirements. Which of the following represents a common requirement?
Only a and b are correct.
Which of the following reflects the U.S. Supreme Court's view on police reliance on technology to obtain a warrant?
Only a and b are correct.
Which of the following statements are true about documentary evidence?
Only a and b are true.
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:
Only a and c
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 warrant is issued based on ____________.
Probable cause
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
Evidence, such as oral testimony, that a party seeks to rely on to prove the contents of an original document is:
Secondary evidence
The ______________ is a practice where federal agents rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court.
Silver platter doctrine
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.
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
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 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
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.
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
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.
Which of the following must an arrest warrant describe with "particularity?"
The name of the person to be arrested
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 statements is true about the physician-patient privilege?
The physician-patient privilege was first recognized in a 1928 New York statute.
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 of 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.
Which of the following is true about the news media privilege?
The privilege was recognized at common law as the journalist shield law.
Typical explanations for knock and announce rule include all of 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
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
The exclusionary rule was established by the U.S. Supreme Court in in 1914 in
Weeks v. United States
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 the police officer announced that the person was under arrest
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
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.
______________ is evidence that is discovered as a result of the unlawfully seized items.
direct evidence
Authentication of a document means establishing that the document is accurate or truthful.
false
Miranda warnings are required only for felonies.
false
Probable cause is a matter of probabilities and not certainties.
false
Reasonable suspicion is assessed from the subjective viewpoint of the police officer.
false
The warrant requirement is found in the ________ Amendment.
fourth
A ________________ was issued by a judge or government official and authorized searches anywhere, at any time, and for anything.
general warrant
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
The Fifth Amendment protection against self-incrimination encompasses all of the following, except:
participation in a lineup
A Terry stop is based on:
reasonable suspicion
______________ are documents that require no independent proof of their identity.
self-authenticating documents
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
The Sixth Amendment right to counsel applies:
to state and federal officers
In assessing the voluntariness of confessions, the courts apply the _____________ test.
totality of the circusmtances
Most arrests take place without a warrant.
true
Police officers need no warrant or probable cause to enter an open field.
true
Race may be considered a factor in determining whether there is reasonable suspicion.
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.
true
The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial.
true
In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:
under no circumstances
According to the U.S. Supreme Court, probable cause is
all of the above
Confessions are important to the criminal justice process because:
all of the above
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:
all of the above
Documents can be authenticated by
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.
all of the above
In 1886, the U.S. Supreme Court, adopted the property rights theory that:
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?
all of the above
The legal standard for third party consent searches is:
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:
all of the above
Which of the following is true about an involuntary confession?
all of the above
Which of the following justifies grand jury secrecy?
all of the above
A(n) _____________ under the Fourth Amendment occurs when an individual is lawfully taken into custody.
arrest
The ____________________ of the Sixth Amendment limits the use of hearsay.
confrontation clause
