Admin of Criminal Justice Final

According to a 2008 Nebraska Law Review article, more than ___ percent of eyewitness testimony is mistaken identification.

40

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

An attorney must be present during warnings and waiver.

Many wrongful convictions based on faulty eyewitness testimony have been overturned because of the increased use of ____________ evidence.

DNA

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

Erroneous identification by eyewitnesses.

A showup is often necessary, but not in emergency situations, such as a dying victim.

False

Eyewitness identifications are extremely reliable.

False

It is relatively easy for fingerprint experts to determine the age of a latent print.

False

Juveniles charged with crimes are not entitled to Miranda warnings.

False

Miranda rights can be validly waived only after the suspect has had a chance to consult with an attorney.

False

Reasonable suspicion of drug trafficking is all that is needed for officers to make arrests.

False

Some courts hold that security screenings at airports, courthouses, and other public facilities can be justified on the theory that the persons involved consent to the search and seizure by attempting to use the facility.

False

There is a "murder scene" exception to the warrant requirement.

False

____________ photographs of the victim's body can inflame and prejudice the judge or jury.

Gruesome

___________suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.

Reasonable

A Terry stop is a brief, investigative detention (short of an arrest).

True

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

True

An anonymous phone call alone cannot create reasonable suspicion or probable cause.

True

An arrest warrant confers a limited authority to enter the dwelling in which the suspect resides when there is reason to believe the suspect is inside.

True

Animal DNA can be linked to the crime scene and used as evidence.

True

As compared to most businesses, businesses deemed "closely regulated businesses" have less Fourth Amendment protection.

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

Fingerprints are used less and less as other forms of identification are both plentiful and accurate.

True

If a property owner refuses to allow a housing inspector access to property for inspection then a search warrant must then be obtained.

True

In general, searches of property of public school students by school officials on school property can be conducted on reasonable suspicion.

True

In general, suspects do not have a right to privacy for their conversations that take place in police cars or jails.

True

One reason for misidentification happens is because not everything we see is recorded in our brains.

True

Ordinary records held by a bank about a person's finances (e.g. deposit slips, cancelled checks) can lawfully be obtained by a search warrant issued to the bank.

True

Rental agreements which have expired are considered abandoned and are not subject to the exclusionary rule.

True

Scent evidence may be used to gain a conviction of a suspect.

True

Sometimes even silence can constitute an incriminating statement

True

The federal exclusionary rule applies only in criminal cases.

True

The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.

True

The two major forms of DNA testing are PCR and RFLP.

True

Undercover law enforcement officers do not plan on making an arrest they not have to give Miranda warnings and do not have to disclose their true identity.

True

Use of a thermal imaging device to investigate a home is a Fourth Amendment search.

True

n crimes of rape and murder, offenders usually leave traces of tissue or fluid.

True

Since the Daubert decision, ____________ states have adopted a similar rule.

a majority of

To have standing to contest the search of a place under the Fourth Amendment, the defendant must have had a/n

a reasonable expectation of privacy in the place searched.

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

age of the theory

Consent must be voluntary for a valid warrantless search. Other factors that may be considered in determining whether a search was voluntary are

all of these ( mental impairment , age etc)

A/n ______________ search warrant is one that will be executed at some specified future date.

anticipatory

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

Statutes requiring that convicted felons provide blood samples for DNA databases have been held to

be constitutional

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

best evidence

Persons have fewer Fourth Amendment protections at the ___________ as compared to the interior of the country.

border

In order to be lawful, a traffic stop must be temporary, ______ and in public.

brief

A _____________ by one suspect cannot be used against another suspect unless the second suspect as the opportunity to cross-examine the course of the accusation against him.

confession

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

corpus delecti

The area immediately around a house (e.g. yard) is called the ____________.

curtilage

A suspect is entitled to Miranda warnings only if they are in _____________ and are interrogated by government officials.

custody

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

custody

Luggage or a package may be _________to obtain a search warrant where probable cause exists to believe that the package or luggage contains evidence of a crime

detained

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

double blind

The person with actual or apparent authority would most likely be

driver of a car

Consent is not needed in abandoned nor _______________ circumstances.

emergency

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

The term "_____________ circumstances" means emergency circumstances

exigent

A copy of a document is never admissible, only the original is.

false

Consent is always necessary for entry even if police are acting in an emergency situation.

false

Documents may be authenticated only by direct evidence.

false

The Supreme Court replaced the Daubert test with the Frye test.

false

The ancient documents rule applies only to documents 100 years of age or older.

false

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

fire, health, and housing codes.

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

has a reasonable expectation of privacy.

Warrantless searches and seizures inside a __________ are presumptively (generally) unreasonable under the Fourth Amendment.

home

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

In general, a person's computer has the least Fourth Amendment protection

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

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

in custody and subject to government interrogation.

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 best evidence rule is also known as the ____________ document rule.

original

The courts found in State v. Burrell and In re Jerrell that the presence of _______ in juvenile matters was required.

parents

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

Security screenings and seizures of items cannot occur without warrants or probable cause at

private functions

At a minimum, an arrest requires

probable cause

Eyewitness identifications are less reliable when the witness is of a different _________ than the suspect.

race

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.

To have protection against government videotaping, the suspect must have a ____________ expectation of privacy in the place where the taping is occurring.

reasonable

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

reasonable

To have standing to contest a police search (and a Fourth Amendment complaint), the person must have had a/n ____________ in the place or things searched.

reasonable expectation of privacy

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

reasonable suspicion.

Closely _____________ businesses have less Fourth Amendment protection than other businesses.

regulated

Proof of chain of custody is usually not required in ____________ and theft cases.

shoplifting

The __________witness method is sometimes used to authenticate videotapes.

silent

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

six

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

sneak-and-peak entry

Fourth Amendment protections are weaker when the government is protecting its _____________ needs than when it is investigating crime.

special

The term "__________" means having a legal right to raise a legal issue.

standing

To be able to raise a legal issue, the person must have ____________.

standing

The U.S. Supreme Court has specifically held that public school boards may require random drug testing of

student athletes and those involved in extracurricular activities.

Lineups should be conducted to test recognition in a manner that avoids ____________.

suggestiveness

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.

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

totality of the circumstances

As 40 percent of all criminal homicides go unsolved, it is critical to link the weapon used in a crime to the person who used it.

true

The purpose of a frisk is to find

weapons

Electronically listening to conversations over the traditional telephone is called _____________.

wire tapping