evi final part 4

Which of the following is least likely to greatly increase the dangers of misidentification?

The police indicate to the witness that the photos may or may not contain the possible suspect.

Which of the following is not a method by which an officer may search a vehicle without a search warrant?

The protective sweep exception

Which of the following is not true about inventory searches?

They are designed for officer safety.

Which of the following United States Supreme Court decisions established the existence of the exclusionary rule?

Weeks v. United States

Which United States Supreme Court case formulated the attenuation doctrine

Wong Sun v. United States

Modus operandi refers to:

a distinctive pattern of committing crimes.

The name for a motion to exclude or admit evidence is:

a motion in limine

The best example of when an identification procedure may be unnecessarily suggestive is when:

a six-pack photo array consists of five white suspects and one African American suspect.

The doctrine of chances refers to:

an attempt to convince the jury that the charged crime is not an isolated event due to chance.

Which of the following is not considered a critical stage that requires counsel to be present when the police attempt to have a witness or victim identify a suspect?

arrest

Intent can only be proved by:

circumstantial evidence

What standard must the prosecution meet in order to show that the witness's identification was not influenced by a tainted pretrial identification?

clear and convincing evidence

Which of the following terms refers to the land immediately surrounding a home and associated with it, where one has a reasonable expectation of privacy, as contrasted with open fields, where one does not?

curtilage

All of the following are theories often used to prove the identity of a perpetrator of a crime except:

doc of chances

To establish identity, the prosecution may introduce all of the following types of evidence except:

evidence of acts of misconduct which are not a part of the charge for which the defendant is now being tried.

If a defendant has not been formally charged with a criminal offense, he or she is entitled to the assistance of counsel at an identification proceeding.

false

The longer the time interval between a crime and its identification, the more reliable it is

false

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup, the court will:

first give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.

Identifications made prior to the initiation of adversary judicial proceedings are scrutinized under the _____ to the United States Constitution.

fourth and sixth amm

Which of the following would least likely be considered a neutral inquiry into a witness's choice?

"The suspect was in this array. Were you able to pick him out?"

Which of the following is not true about the staleness doctrine?

A police officer can only search the place listed in the warrant for 24 hours before the warrant expires.

Which of the following is a search?

A police officer trespassing onto the curtilage to observe the yard

Which of the following terms refers to a voluntary agreement by a citizen to an officer, allowing the officer to search the citizen's property, given without coercion and with authority over the place or thing to be searched?

Consent

Which United States Supreme Court case rejected the silver platter doctrine?

Elkins v. United States

Which of the following is not true about a consent search?

Even if a person gives consent, officers still need justification to search the person.

Which of the following illustrates the difference between motive and intent?

Motive is that which moves a person to act, whereas intent is a state of mind.

Which case interpreted the inevitable discovery doctrine?

Nix v. Williams

Which of the following is the most suggestive identification procedure?

Presenting a single person or photo to a witness

Which of the following is not true about the phrase "search and seizure"?

Search and seizure is one act.

Which United States Supreme Court case formulated the independent source doctrine?

Silverthorne Lumber Co. v. United States

Which of the following would least likely constitute a photo identification that is suggestive?

The accused's photo contains a height measurement chart.

Which of the following is not a ground for issuing a search warrant?

The consent from the suspect involved in a crime

What did the United States Supreme Court state in Mapp v. Ohio?

The exclusionary rule seeks to deter unlawful police conduct.

Which of the following is false about the exclusionary rule?

The exclusionary rule was created by the Federal Rules of Evidence, and the rules have been adopted by every state.

An employee who had keys to a locked drawer in the case of a theft of valuables in the drawer gives rise to circumstantial evidence relating to:

means

In the case of Silverthorne Lumber Co. v. United States, Silverthorne held that:

not only is illegally obtained evidence inadmissible, but any evidence derived from that illegally obtained evidence is also inadmissible.

All of the following are examples of circumstantial evidence that may be admitted to prove the accused's consciousness of guilt except:

not saying anything when accused of a crime by a police officer.

Which of the following terms refers to a showing that an item of evidence has any tendency to prove or disprove a pertinent fact?

relevance

The one-on-one presentation of a suspect to a victim or witness for identification purposes is called _____.

show up

The _____ to the United States Constitution states, in part, that in all criminal prosecutions, the accused shall have the assistance of counsel for his or her defense.

sixth amm

Prior bad acts that are evidence of a common plan or design are used to prove:

that the defendant engaged in the conduct for which he or she is charged.

The most important thing in creating a lineup or photo array is:

that the lineup or array includes persons who match the defendant's general physical description.

Rule 404(a)(2)(B)(ii) provides that when an accused attacks the character of an alleged victim under 404(a)(2)(B), _____.

the door is open to attack the same character trait of the accused

A witness's degree of attention is judged by:

the level of certainty demonstrated by the witness.

In the context of a crime, mens rea refers to:

the mental state of the defendant.

Actus reus refers to:

the physical act of a crime by the defendant.

Which one of the following is not an exception to the fruit of the poisonous tree doctrine?

the silver platter doctrine

Which of the following is a test for suggestiveness that takes into account all surrounding circumstances to determine whether the exclusionary rule applies?

the totality of the circumstances

Evidence of other crimes, acts, or wrongs committed by the accused may be introduced during a criminal trial if the judge finds that:

they are pertinent to issues other than bad character and the introduction of such evidence is particularly necessary to assist the jury in arriving at the truth.

The exclusionary rule was developed:

to protect individual citizens from certain constitutional rights violations and to deter unlawful police misconduct.

Even if there is no Sixth Amendment right to counsel violation, an identification may still be excluded on other grounds.

true

Which of the following is not among the three basic types of identification procedures?

voice id

Where an identification may be suggestive, the five factors set out in Biggers allow the trial court to determine:

whether the witness has an independent basis for his or her in-court identification.

All of the following may be factors in determining reliability based on a witness's opportunity to view the criminal at the time of the crime except:

whether the witness viewed the criminal for at least one minute.

The process by which the credibility of a witness is attacked is known as _____.

impeachment

FRE 413 allows the prosecution in sexual assault cases to:

introduce evidence regarding other uncharged sexual conduct by the accused.

The law generally prohibits evidence of a defendant's character because:

it is often very prejudicial

FRE 403 requires the judge to exclude relevant evidence if:

its probative value is substantially outweighed by a danger of unfair prejudice.

According to FRE 404(b), other crimes or misconduct of the accused can be strong circumstantial evidence of guilt with respect to all of the following issues except:

likelihood