Evidence, Search, & Seizure: Ch. 4, 11, 12
When the declarant misspeaks or is misunderstood, it is a matter of
Narrative ambiguity
How many categories of hearsay exceptions do not require the declarant to be unavailable?
Nine
Which of the following is not a type of reputation evidence that is admissible under the Federal Rules of Evidence?
None of these (Boundaries, personal or family history, character)
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.
Nonsearch
This is a statement made by the declarant as the event or condition is occuring.
Present sense impression
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?
Present sense impression
What is the only justification mentioned in the Fourth Amendment?
Probable cause
Which of the following is characterized by a more than 50% certainty of guilt?
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.
Purpose
Which of the following is not a justification for a search or an arrest?
Reasonable doubt
Which of the following would allow a police officer to stop an automobile but not to immediately arrest the occupant?
Reasonable suspicion
A statement made for the purpose of medical diagnosis of the declarant is an exception to the hearsay rule. What is its primary rationale?
Reliability
The rationale for allowing excited utterances is
Reliability
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
Silent hound exception
In 1603, this individual was on trial for conspiracy to overthrow the King of England.
Sir Walter Raleigh
The modern-day hearsay rule is supported by the
Sixth Amendment
Which of the following constitutional amendments does hearsay often conflict with?
Sixth Amendment
Out-of-court statements identifying a person after the declarant has identified the person are prior
Statements of identification
What is the difference between a stop and arrest? What is the level of objective justification for each?
Stop: a citizen is stopped by an officer but is not under official arrest; under reasonable suspicion Arrest: citizen is placed under arrest by an officer and is not free to leave; under probable cause
In what way does the Sixth Amendment govern the hearsay rule?
The Sixth Amendment contains the confrontation clause, which means the defendant has the right to confront the witnesses against them. Hearsay, being a statement made out-of-court, denies the defendant their right to confront the one who made the statement.
What are the "silent hounds" exceptions?
The absence of records, in accordance with business records exception AND the official records exception, is admissible to prove the nonexistence of the matter.
Under FRE 804(b)(2) a dying declaration is admissible as evidence under all of the following conditions except
The declarant did not believe that her death was imminent when the statement was made
List and explain the 4 main reasons hearsay information from hearsay statements is kept out of trial.
The original speakers absence means the jury is unable to determine: Sincerity: meant to tell the truth Perception: had an adequate opportunity to perceive or learn about the subject of the out-of-court statement Ambiguity: understood the typical meanings of the words they used Memory: had a clear memory of the subject of the out-of-court statement
The Fourth Amendment contains two basic clauses:
The reasonableness clause and the warrant clause
The business records exception includes four restrictions. Which of the following is not one of these restrictions?
The statement could have been recorded at any time after the event or condition
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?
The statement does not have to be an accurate reflection of the knowledge of the witness/declarant at the time that is was made
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?
Then-existing mental, emotional, or physical condition
Which of the following is not true of administrative searches?
They must be based on probable cause
Which of the following is not true of search warrants?
They must include the date of the search
Statements regarding character are admissible under which limitation?
To character in one's community or in a group of which she is a member
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."
Trespass doctrine
Admissions by party opponents are not considered hearsay. T/F
True
Which court case established the four separate factors of distinguished between open fields and curtilage as a result of police climbing over several fences where they looked inside the defendant's barn?
US v. Dunn
Which one of the following is not a part of the three varieties of information that is given by informants?
Unknown
In which case did the Supreme Court allow random drug testing of high school athletes?
Vernonia School District v. Acton
Which of the following exceptions to the hearsay rule would a marriage license be considered?
Vital statistics exception
What are the two factors that need to be considered to determine when a search has occurred?
Whether the presumed search is a product of government action. Whether the law enforcement activity in question infringes on an individual's "reasonable expectation of privacy"
The term "seizure" has a dual meaning. What are they?
1) the fruits of searches that are seized 2) the seizures of persons
Testimonial evidence is relevant only if the witness
Accurately presented the event he or she is testifying about Now wishes to communicate his or her recollection accurately and honestly Now correctly recalls his or her perception
A search of an apartment complex conducted by a health code inspector would typically be based on
Administrative justification
An inventory search of seized automobiles would be typically based on
Administrative justification
What are the three standards of objective justification recognized by the courts? Give a brief explanation of each.
Administrative justification: special needs beyond law enforcement searches Reasonable suspicion: above a hunch, below probable cause; enough facts to justify interference Probable cause: knowledge was from reasonably trustworthy source and is sufficient enough for one to believe a crime is being committed or is about to be committed
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
Admission by conduct
Which of the following cannot be considered hearsay?
Admissions by party opponents
This is a type of hearsay exemption where silence, not conduct, serves as an admission of guilt.
Adoptive admission
The Fourth Amendment protects ________ from unreasonable searches and seizures.
All of these (Persons, effects, houses, papers)
Which one of the following is not an admission by party opponents that is exempt from the hearsay rule?
An admission by a person not authorized by a party to speak
What is the definition of hearsay?
An out-of-court statement, made by a speaker other than the in-court witness, "offered in evidence to prove the truth of the matter asserted."
The hearsay rule traces its origins to
Anglo-American evidence law
Which one of the following is not a safeguard to ensure that only competent evidence is presented in court?
Applying stress to the subjecting witness to ascertain the complete truth
There are situations where warrants are always required; one is
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?
Bank records
Unrestricted hearsay exceptions
Do not require that the declarant be inaccessible
Which one of the following can one not expect to have a reasonable expectation of privacy?
In abandoned cars, containers, and other items
A nonverbal act can be considered hearsay if it
Is intended to prove the matter asserted
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?
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
What case resulted in the rule that a person's right to privacy outweighs their location?
Katz v. US
This exception covers statements published in books, magazines, pamphlets, and other such documents.
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.
Legally operative conduct
Describe the forfeiture by wrongdoing principle.
A person or party forfeits the right to exclude hearsay if they were involved in an act that wrongfully kept the declarant from being a witness at trial, such as bribing, intimidation, or killing.
Which of the following examples cannot be admitted into evidence using the official records exception?
A police report filed against defendant
Explain "present sense impressions."
A present sense impression is a statement made by the declarant as the event or condition is occurring. Ex: Lisa claims Nicole ran a stop sign, causing an accident. Brian testifies that he heard Jay say "Wow! That car blew through that stop sign!"
A statement is admissible, whether or not the defendant is available as a witness, if the content of the statement relates to
A startling event
Which of the following admissions by a party opponent would not be admissible?
A victim testifies that the defendant had offered the victim $1000 to settle the case out of court
Which of the following people uttered the original statement(s) governed by the hearsay rule?
Declarant
How has the Court's decision in Crawford v. Washington changed the used of hearsay exceptions in criminal trials?
In Crawford v. Washington, SCOTUS decided that hearsay testimonial evidence can be admissible in court if the witness is unavailable and the accused had a prior opportunity to cross-examine the witness.
What is a "dying declaration"? What do the Federal Rules of Evidence say about dying declarations?
A dying declaration is a statement made right before the death or perceived death of an individual. FRE states dying declarations can be admissible if: Declarant is unavailable Declarant believed his or her death was imminent when statement was made Statement concerns the cause and circumstances of the declarant's anticipated death Statement is offered in a civil action or prosecution for homicide.
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?
Business records exception
In this case, the Supreme Court declared that searches by regulatory officials conducting health and safety inspections can be considered governmental actions.
Camara v. Municipal Court
The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. Examples of "effects" could be
Cars
This entitles the accused to be present at trial and face adverse witnesses:
Confrontation clause
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."
Curtilage
Explain the rationale for the "excited utterance" exception.
Excited utterances are admissible as they are seen as reliable, due to the fact that in times of stress and excitement, it is less likely for someone to fabricate a statement.
The modern-day hearsay rule also finds support in the confrontation clause of the Fifth Amendment. T/F
False
What is the difference between hearsay exceptions and hearsay exemptions?
Hearsay exceptions are statements that are considered hearsay but are still allowed as evidence. Hearsay exemptions are statements that do not fall into the definition of hearsay and are exempt from the hearsay rule.
Devices that enhance the senses but are not generally considered a search include
High-powered flashlights
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.
Hoffa v. US
Saying "it's freezing in here!" when the heat is cut off in a home - a statement which is wholly subjective - is known as a(n)
Implicit assertion
