Law of Evidence Final Exam

The FBIs national DNA database system is known as _____.

CODIS

According to the 2008 Columbia Law Review article entitled "Judging Innocence", the leading cause of wrongful convictions was due to _____:

Erroneous identification by eyewitnesses.

In _____ v. U.S., the U.S. Supreme Court held that interception of communications without any physical intrusion or trespass was covered by the Fourth Amendment.

Katz

The leading U.S. Supreme Court case on due process and eyewitness identification procedures is probably _____

Neil v. Biggers

Much of the law of wiretapping and electronic surveillance was changed by the USA _____ Act.

PATRIOT

_____ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

Plain view

In U.S. v. Leon, the Supreme Court permitted the use of evidence obtained through the use of a search warrant containing _____.

a technical error

Which of the following is not an explicit factor in the Daubert test?

age of the theory

The party seeking to have a writing or document admitted must show that it is genuine or _____.

authentic

The Fourth Amendment requires that search warrants be _____.

based on probable cause

The general rule that only the original of a document (and not a copy) is admissible is called the _____ rule.

best evidence

In Dickerson v. U.S. (2000), the U.S. Supreme Court held that Congress _____.

cannot overrule Miranda

Even when it is seized in a lawful arrest, law enforcement must obtain a search warrant in order to search the contents of _____.

cell phones

A search warrant authorizing officers to enter a home or office does not authorize the officers to search a computer found in the premises, unless the search warrant identifies the _____ as part of the authorized search

computer

In the case of government employees, courts generally hold that the employee has no legitimate expectation of privacy in a _____ used in that employment.

computer

The Bruton rule is designed to protect the defendant's _____.

confrontation rights under the Sixth Amendment

Under the _____ rule, a conviction cannot be based solely on an uncorroborated confession.

corpus delicti

For many types of evidence to be admissible, the prosecution must prove the chain of _____.

custody

The exclusionary rule applies to evidence obtained _____ police misconduct.

directly or indirectly from

The primary justification for the exclusionary rule is _____.

discouraging or deterring police misconduct

In a(n) _____ administration of a line-up, neither the investigator administering the lineup nor the witnesses know the suspect's identity.

double blind

With respect to the expectation of privacy in hotel rooms, courts have held that there is a reasonable expectation of privacy _____.

even though the residence is not expected to be a permanent one

Photographs and videotapes are demonstrative _____ because they portray (demonstrate) objects, persons, or events not in the courtroom.

evidence

If officers naturally (by ear) overhear conversations in public places, _____.

evidence is admissible

If the government performs a search without a warrant, to justify the search, the government must show that the search falls within one of the _____ to the warrant requirement.

exceptions

When the exclusionary rule applies, the evidence will be _____.

excluded

Many states have adopted a good _____ exception that permits the use of evidence because of a mistake by a judge, prosecutor, police dispatcher, or computer.

faith

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

fire, health, and housing codes

When photographs taken by a police officer are offered as evidence, the officer must establish a proper _____ for the photograph.

foundation

The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the _____ doctrine.

fruit of the poisonous tree

In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant _____.

had no reasonable expectation of privacy in the trash

Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place where the defendant _____.

has a reasonable expectation of privacy

If a person abandons property, they _____.

have no Fourth Amendment rights with regard to that property

If police are chasing a suspect and enter a residence to attempt to apprehend the suspect, the _____ exception to the warrant requirement may apply.

hot-pursuit

To be entitled to Miranda warnings, the suspect must be both _____.

in custody and subject to government interrogation.

If _____ statements are made or evidence discovered from consensual talks between police and citizens, the statements or evidence may be used in criminal prosecutions.

incriminating

If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the _____ exception to the exclusionary rule.

inevitable discovery

A Terry stop is a(n) _____.

investigative detention

A police officer is charged with a criminal offense. He is told by the Chief that if he takes the Fifth Amendment during the investigation, he will be fired. He gives a confession. The confession _____.

is inadmissible

If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques.

judicial notice

The U.S. Supreme Court set a much ______ standard for obtaining a fire, health, or housing inspection search warrant

lower

If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification _____.

may be suppressed because it is too suggestive

Even though a warrantless or suspicionless search may be conducted based on an administrative or public safety rationale, if evidence of crime is validly obtained during such a search, the evidence _____.

may be used in a criminal case

One of the costs (and criticisms) of the federal exclusionary rule is that it _____.

may result in guilty people being acquitted

The 1925 case of Carroll v. U.S. dealt with the _____ exception.

movable vehicle

If police fear violence or destruction of evidence when executing a search warrant, they can request a(n) _____ warrant.

no-knock

Police may enter open fields without a warrant because _____.

open fields have no reasonable expectation of privacy

If police lawfully enter premises during some emergency and have probable cause to seize the item, incriminating items may be admissible under the _____ exception to the warrant requirement.

plain view

At a minimum, an arrest requires _____.

probable cause

Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done _____.

randomly or based on individualized reasonable suspicion

Law enforcement officers may stay in a crime scene for a _____ period of time to perform whatever tasks they are obligated to do.

reasonable

Under the Fourth Amendment, a person has been seized when a(n) _____ person under the circumstances would conclude that they are not free to leave.

reasonable

To have standing to contest a police search, the person must have had a(n) _____ in the place or things searched.

reasonable expectation of privacy

Protective sweeps or safety checks may be conducted during a valid arrest on the basis of _____.

reasonable suspicion

Properly run lineups increase the _____ of the identification evidence.

reliability

Under Daubert, the central issue for scientific evidence is the _____ of the theory and testing on which the conclusions are based.

reliability

During a valid traffic stop to issue a traffic ticket, officers may lawfully (automatically) do all but which of the following?

search the vehicle

Which of the following identification procedures is generally the most suggestive?

showup

The National Council of Judges recommends that a lineup include a total of at least _____ similar-appearing persons.

six

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

special needs

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because _____.

the Fourth Amendment does not apply to private conduct

Whether consent to search is actually voluntary is determined by _____.

the totality of the circumstances

With regard to eyewitness identification procedures, due process requirements of fairness require that _____.

there be no suggestiveness in the procedure

In some states, polygraph evidence is admissible if _____.

there is prior stipulation by both parties

In cases where the voluntariness of a confession is challenged, courts will look at the _____

totality of the circumstances

The term _____ is used to describe minute or microscopic pieces of evidence.

trace

The Fourth Amendment only prohibits _____ searches and seizures.

unreasonable

To be admissible as evidence, confessions and statements must be made _____ and freely.

voluntarily

A consent to search functions as a _____ of Fourth Amendment protections.

waiver

In Kyllo. v. U.S., the U.S. Supreme Court held that using a thermal imaging device to detect temperature differentials in a home _____.

was a Fourth Amendment search

The permissible purpose of a frisk is to find _____.

weapons

Between January, 2004 and June 2012, about _____ percent of the 4.4 million stop and frisk encounters in New York City involved blacks or Hispanics.

80

Archival studies indicate that misidentifications lead to the conviction of innocent persons about _____ of the time.

1/3

The U.S. Supreme Court made the exclusionary rule mandatory in federal courts in _____.

1914

The U.S. Supreme Court made the exclusionary rule binding on the states in _____.

1961

In April 2007, DNA evidence was used to clear the _____ innocent person mistakenly convicted of a crime.

200th

In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence.

702

Which constitutional amendment would prohibit detectives from looking through cell phone texts without the owner's consent?

Fourth Amendment

After a suspect is charged with a crime, his/her _____ Amendment right to an attorney must be observed.

Sixth

The Massiah rule is designed to protect the defendants _____

Sixth Amendment right to an attorney