ADJU4 Legal Aspects Of Evidence Quiz 15, AJ14 - Chapter 15 - OK, Exam 3: Law and Evidence, Criminal Evidence 275 Chapters 12-15

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

200th

The requirement that only voluntary confessions be admitted grows out of the what?

5th Amendment

The Messiah rule is designed to protect the defendant's...

6th Amendment right to an attorney

File

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.

create probable cause

A trained drug-detection dog's alert is generally sufficient to _____.

sneak-and-peak entry

A warrant authorizing covert entry into a location to take photographs, plant listening devices, etc. (but not to seize evidence) is called a(n) _____ warrant.

Children.

According to AOL, queries made for information to be used in civil and criminal cases most often relate to ___________.

Which of the following is not required under Miranda before confessions are admissible?

An attorney must be present during the warnings and waiver

Miranda v. _____ requirements were added to the law regarding interrogation.

Arizona

The 4th Amendment requires search warrants be...

Based on probable cause

Case 13.2 ​A woman was pushed to the ground by a man, who then stole her purse. He fled the scene on foot. A police officer responded to the crime, but was unable to locate the suspect based on the description by the victim. The next day, the woman was called into the police station and selected a picture of Bob out of several photos shown to her by the police officer. Bob was brought in and made to stand next to two other men of similar height and build. The victim promptly identified Bob as the man who pushed her down and took her purse. Bob was arrested for robbery. ​Bob's attorney is also trying to get the identification at the lineup suppressed. What is her best argument?

Bob was one of the only three men in the lineup

In Dickerson v US, the USSC held that Congress...

Cannot overrule Miranda

The automobile or movable vehicle exception originated in 1925 in the case of...

Carroll v US

Difficulty may occur in seizing evidence without a court order for

Cell phones

Most cyber evidence is used to help reveal crimes against

Children

The Bruton rule is designed to protect the defendant's

Confrontation rights under the 6th Amendment

consent

Consent to search a computer permits officers to look at computer files, but only consistent with the scope of the________.

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

Corpus delecti

A trained drug-detection dog's alert is generally sufficient to

Create probable cause

Use of a drug detection dog during a routine traffic stop in a public place...

Does not violate the 4th Amendment if it does not increase the length of the stop

cell phones

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

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

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

An alert by a trained drug detection dog constitutes reasonable suspicion but cannot constitute probable cause

False

An alert by a trained drug detection dog constitutes reasonable suspicion, but cannot constitute probable cause. True or False?

False

Government access to stored e-mails is not covered by federal law.

False

In Katz v. U.S., the Court held that interceptions of communications constituted neither a search nor a seizure under the Fourth Amendment.

False

The broadcast portion of cell phone conversations is not covered by federal law.

False

The corpus delecti rule requires that confessions be corroborated by accomplices. True or False?

False

The requirement that only voluntary confessions be admitted grows out of the _______ Amendment.

Fifth and Fourteenth

In Florida v JL, the SC stated that there is no ____ exception to the requirement of reasonable suspicion for stop and frisk

Firearms

the evidence is admissible

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

no-knock

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

Exception

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.

It can be corroborated in part by police observation

In Alabama v White, the court held that an anonymous tip could create a reasonable suspicion if _____________.

was a Fourth Amendment search

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

Katz

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.

Heggy v. Heggy

In _______________, a women sued her former husband and won a money award against him for recording her telephone conversations.

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

In custody and subject to governmet questioning

If it is a government owned computer in a government workplace.

In general, a person's computer has the least fourth amendment protection ______________.

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.

A police officer is charged with a criminal offense. He is told by the Chief that if he takes the 5th Amendmenet during the investigation, he will be fired. He gives a confession. The confession...

Is inadmissible

In criminal cases in most states, polygraph evidence...

Is not admissible

In general, a person's computer has the least 4th Amendment protection if...

It is a government owned computer in a government workplace

In Alabama v White, the court held that an anonymous tip could create a reasonable suspicion if...

It was corroborated in part by police observation

Case 14.1 Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won't you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk. How could the officer assess whether he had reasonable suspicion justifying an investigative detention of the young woman walking away from him?

Jamison can rely on the totality of circumstances

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

In what case, the USSC held that interception of communications without any physical intrusion or trespass was covered by the 4th Amendment

Katz v US

Case 15.2 ​Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, "I hope this weed is better than the last stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men. Leon challenges the use of binoculars as an invasion of his privacy. What is likely to occur next?

Leon will not succeed because the illegal transaction occurred in plain view of the police officer

Under which case, the USSC authorized detention of the occupants of a place while a valid search warrant was being executed

Michigan v Summers

Miranda requirements were added to the law of interrogation by this case

Miranda v Arizona

Overseas

Most child pornography websites are ____________.

one party to the conversation consents to the interception.

Most federal wiretapping and electronic eavesdropping statutes allow such interceptions without a court order if _____.

PATRIOT

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

Otherwise valid inventory searches require...

No additional evidentiary justification

If police fear violence or destruction of evidence when executing a search warrant, they can request a ____ warrant

No-knock

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

No-knock

Most wiretapping and electronic eavesdropping statutes allow such interceptions without a court order if

One party to the conversation consents to the interception

Most child pornography websites are _____.

Overseas

At a minimum, an arrest requires...

Probable cause

The automobile exception to the warrant requirement requires at minimum what?

Probable cause

The USSC has created has created a ____ exception to Miranda

Public Safety

The rescue doctrine used in California courts is similar to the SC's ____ exception to Miranda

Public safety

____ profiling is unlawful

Racial

Under the 4th Amendment, a person has been seized when a ____ person under the circumstances would conclude that they were not free to leave

Reasonable

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

Reasonable suspicion

Stop and frisk requires that the officer have, at a minimum,

Reasonable suspicion

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

Search the vehicle

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

Sixth Amendment right to an attorney

A warrant authorizing covert entry into a location to take photographs, plant listening devices, etc (but not to seize evidence) is called a ____?

Sneak and peek

Under Michigan v. _____, the U.S. Supreme Court authorized detention of the occupants of a place while a valid search warrant was being executed.

Summers

Which of the following warnings is not required by Miranda?

Suspect has right to terminate interrogation at any time

Bases on probable cause

The Fourth Amendment requires that search warrants be ___________.

Case 13.2 ​A woman was pushed to the ground by a man, who then stole her purse. He fled the scene on foot. A police officer responded to the crime, but was unable to locate the suspect based on the description by the victim. The next day, the woman was called into the police station and selected a picture of Bob out of several photos shown to her by the police officer. Bob was brought in and made to stand next to two other men of similar height and build. The victim promptly identified Bob as the man who pushed her down and took her purse. Bob was arrested for robbery. Bob's attorney is trying to get the identification by photograph suppressed at trial. Which argument would help her the most?

The photographs used in the lineup were not preserved

Case 13.1 ​Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man holding or dropping these records. There were no other people on the street at the time, except an older woman with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man and he is promptly charged with robbery. At trial, the shop owner takes the stand and is asked whether the person sitting next to the defense attorney is the same young man who robbed his music store.

The prosecutor can also ask if the witness had identified the defendant as the robber before trial

Miranda does not apply...

To persons subjected to traffic or terry stops

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

Totality of the circumstances

A search warrant must be issued by a neutral and detached judge or magistrate.

True

Computers owned by the government and used by government employees have less Fourth Amendment protection than computers in homes.

True

Confrontational telephone calls by witnesses or victims to assist the police should be conducted before charges are filed.

True

Court orders for wiretapping and electronic eavesdropping are generally not required if one party to the conversation consents.

True

Even if police do not have a warrant, they can still search a computer or any location if they have consent from a person in authority. True or False?

True

Federal law allows secret taping of conversations as long as one of the parties to the conversation consents.

True

Federal law authorizes the use of "roving wiretaps" to cover suspects who use a series of different telephones.

True

The general rule is that, when executing warrants, officers must knock, announce their presence, and wait a reasonable amount of time before making forcible entry. True or False?

True

Under the 4th Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the ocupants while the search is going on. True or False?

True

Much of the law of electronic surveillance was changed by the what?

USA Patriot Act

The 4th Amendment only prohibits ____ searches and seizures

Unreasonable

increase the length of the stop.

Use of a drug detection dog during a routine traffic stop in a public place does not violate the 4th Amendment if it does not ___________.

Which of the following is not a 4th Amendment search or seizure?

Voluntary encounter

A consent to search is a ___ of the 4th Amendment protections

Waiver

In Kyllo v. US, USSC held that using a thermal imaging device to detect temperature differentials in a home...

Was a 4th Amendment search

The purpose of a frisk is to find...

Weapons

Case 13.3 ​Officer Franklin is investigating theft of art from the local museum. Three people claim they were present when a woman wearing a smock rushed into the museum and snatched the van Gogh off the wall before running out a side exit. All three witnesses are at the police station and Officer Franklin has asked them to sit down with the police department sketch artist to help with his investigation. Together, the witnesses provide the artist with all the details they can recall, though there is some significant disagreement on some of the details. Officer Franklin uses the sketch on a wanted poster and Priscilla is identified by her neighbor, Molly, as matching the description. When she is brought in for questioning, Priscilla denies involvement in the crime and demands to have her attorney present. Priscilla refuses to participate in any lineup. The missing painting is not recovered, though a smock matching the description of the witnesses is recovered at her home. Priscilla's attorney is moving to have the sketch suppressed as evidence against her client. What is the best approach to attack this evidence?

Witnesses should be separated to get an independant description of the suspect

Case 14.3 ​Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat. The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law. The illegal weapon found in the vehicle is:

admissible as the product of an inventory searh

Case 15.3 ​Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that he was arrested for something that "was really not such a big deal." Manny was his friend and Jack thought he would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on his face and his nose had been broken. Jack blamed Manny for "overreacting" to the incident. Manny contacted the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack's wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny. The recordings by Manny

are admissibe since Manny, one of the parties to the call, consented

Case 15.3 ​Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that he was arrested for something that "was really not such a big deal." Manny was his friend and Jack thought he would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on his face and his nose had been broken. Jack blamed Manny for "overreacting" to the incident. Manny contacted the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack's wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny. The recordings by Jack's wife

are inadmissible

Composite sketches developed by police are used for identification by _____.

both victims and witnesses

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

Consent to search a computer permits officers to look at computer files, but only consistent with the scope of the _____.

consent

A trained drug-detection dog's alert is generally sufficient to _____.

create probable cause

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

double blind

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

In Missouri v. McNeeley, the Supreme Court stated that the simple fact that alcohol metabolizes in the body is not a(n) _____ justifying a warrantless blood draw in a DUI arrest.

exigent circumstances

Case 14.1 Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won't you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk. Officer Jamison can demand the woman provide identification or face arrest:

if state law requires citizens to comply when asked to produce identification

to be entitled to Miranda warnings, the suspect must be both

in custody and subject to government interrogation

Use of a drug-detection dog during a routine traffic stop in a public place does not violate the Fourth Amendment if it does not _____.

increase the length of the stop

A(n) _____ is any statement or conduct from which guilt of the crime can be inferred.

incriminating statement

Case 13.3 ​Officer Franklin is investigating theft of art from the local museum. Three people claim they were present when a woman wearing a smock rushed into the museum and snatched the van Gogh off the wall before running out a side exit. All three witnesses are at the police station and Officer Franklin has asked them to sit down with the police department sketch artist to help with his investigation. Together, the witnesses provide the artist with all the details they can recall, though there is some significant disagreement on some of the details. Officer Franklin uses the sketch on a wanted poster and Priscilla is identified by her neighbor, Molly, as matching the description. When she is brought in for questioning, Priscilla denies involvement in the crime and demands to have her attorney present. Priscilla refuses to participate in any lineup. The missing painting is not recovered, though a smock matching the description of the witnesses is recovered at her home. The prosecutor may:

introduce the smock as evidence to corroborate eyewitness testimony

_____ searches are therefore not searches for incriminating evidence.

inventory

A Terry stop is a(n) _______.

investigatie detention

Spectrogram or voiceprint evidence comparing voices to determine a match _____

is not admissible in many courts

In Alabama v. White (1990), the Court held that an anonymous tip could create a reasonable suspicion if _____.

it can be corroborated in part by police observation

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

may be suppresed because it is too suggestive

Otherwise valid inventory searches require _____.

no additinoal evidentiary justification

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

no-knock

Most federal wiretapping and electronic eavesdropping statutes allow such interceptions without a court order if _____.

one party to the conversttion consents to the interception

Most child pornography websites are _____.

overseas

At a minimum, an arrest requires _____.

probable cause

The automobile exception to the warrant requirement requires, at a minimum, _____.

probable cause

The U.S. Supreme Court has created a(n) _____ exception to Miranda.

public safety

The rescue doctrine used in California courts is similar to the Supreme Court's _____ exception to Miranda.

public safety

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

reasonable suspicion

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

seach the vehicle

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

six

Lineups are used to minimize

suggestiveness

Most investigative detentions are supported by reasonable_____, and occur over a reasonable short period of time.

suspicion

That quantum (amount) of evidence known as reasonable _____ is needed to authorize an investigative detention,

suspicion

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

the evidence is admissible

Case 12.2 ​A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy's confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile's parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating "I'm not a snitch. I am not talking about anyone else." The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy's parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance. Which of the following is not a factor to consider in determining whether juveniles made their statements voluntarily and whether they voluntarily waived their rights under the Self-Incrimination Clause following a Miranda warning?

the gender of the juvenile

Case 15.1 ​The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage. Mary challenges the search warrant as unconstitutional. She may succeed because:

the search warrant did not adequately describe the things to be seized

​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

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

voluntarily

The permissible purpose of a frisk is to find

weapons

Which of the following is not required under Miranda before confessions are admissible?​

​An attorney must be present during warnings and waiver.

Case 12.2 ​A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy's confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile's parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating "I'm not a snitch. I am not talking about anyone else." The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy's parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance. Suppose four detectives continue to question the juvenile even after his repeated requests to speak with his parents. He is kept from his parents in excess of 12 hours, and denied a break from questioning. The detectives tell him that they have enough evidence to charge him for the death of the other student and unless he confesses he will go directly to jail and not see his parents. The continued pressure results in his confession, implicating him in the death of an overdosed high school student. Would the juvenile's confession be considered voluntary?

​No, based upon the totality of the circumstances such as duration of questioning, absence of the juvenile's parents, repeated denial of the juvenile's requests to speak to his parents and coercive tactics used by police.

Case 12.1 ​Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect "where's the gun?" The suspect hesitates and Officer Smith says "Look, there a lot of little kids here; we don't want one of them to find the gun and have a tragedy." The suspect points to a garbage can near the playground and states "it's in the can." Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone. ​ The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states "I am not talking about anything else that happened today." The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes. ​ In the above scenario, would a Miranda warning of the suspect have been required, when questioned by detectives, if he was not handcuffed and was seated in an interview room rather than the interrogation room and was not told he was under arrest?

​Yes, as Miranda is triggered when a reasonable person would not feel that he or sheis free to leave and terminate the interrogation.

Case 12.3 ​Police investigated a suspicious fire case and possible arson of a local deli, which has gone unsolved for over three months. Atlas Insurance Company is conducting its own investigation into the insurance claim due to a change in the level of coverage four months prior to the fire. Two neighboring shop owners report to an insurance company investigator that the deli owner, Robert, had been complaining for months about losing money and had said that if business didn't pick up he would burn the place down. Then, on two occasions since the fire, he had bragged how he got himself a brand new store and a fresh start with just a well-placed cigarette and extra insurance. ​ The insurance company investigator also interviews Robert concerning the business, the fire and his financials. Suspecting that Robert was involved in the fire, the insurance investigator provides police with her investigative findings and the statements provided to her. Police find several inconsistencies in Robert's various accounts. ​ Robert is brought into police headquarters and interviewed by detectives regarding the arson of his commercial property. He is provided his Miranda warning and then asked to recount his previous statements at the scene regarding the fire and his whereabouts that night. Police confront Robert with inaccuracies between his statements. Police then confront him with the statements he made to the other shop owners and other corroborating evidence. Robert then requests an attorney and stops answering questions. Robert is charged with arson and insurance fraud. Can Robert's incriminating statements to the other shop owners be used in court?

​Yes, the Fifth Amendment protects citizens from improper government actions and not statements made to other civilians.

The Fourth Amendment requires that search warrants be _____.

​based on probable cause

Case 13.1 ​Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man holding or dropping these records. There were no other people on the street at the time, except an older woman with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man and he is promptly charged with robbery. Officer Mendelson could use this procedure because

​he lacked probable cause and the crime had just been committed near the location of the arrest.

Use of a drug-detection dog during a routine traffic stop in a public place does not violate the Fourth Amendment if it does not _____.

​increase the length of the stop

Requiring a person in a lineup to say the same words as the perpetrator _____

​is generally a lawful technique.

In Alabama v. White (1990), the Court held that an anonymous tip could create a reasonable suspicion if _____.

​it can be corroborated in part by police observation

Most federal wiretapping and electronic eavesdropping statutes allow such interceptions without a court order if _____.

​one party to the conversation consents to the interception