CJ 433 Quiz on Thursday Nov. 4 Chp. 4,11,12

The term "seizure" has a dual meaning. What are they?:

(i) the fruits of searches that are seized and (ii) the seizures of persons

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 $1,000 to settle the case out of court.

Which of the following cannot be considered hearsay?:

Admissions by party opponents

Testimonial evidence is relevant only if the witness:

All of these

The hearsay rule traces its origins to:

Anglo-American evidence law

There are situations where warrants are always required; one is:

Arrests in a home absent of exigent circumstances

SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following?:

Bank Records

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

The modern-day hearsay rule also finds support in the confrontation clause of the Fifth Amendment.:

False

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. United States

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. U.S.

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

:How many categories of hearsay exceptions do not require the declarant to be unavailable?:

Nine

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

What is the only justification mentioned in the Fourth Amendment?:

Probable Cause

Which of the following is characterized by a more than 50 percent 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

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

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

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.

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 it was made.

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

Admissions by party opponents are not considered hearsay.:

True

Which court case established the four separate factors of distinguishing between open fields and curtilage as a result of police climbing over several fences where they looked inside the defendant's barn?:

United States 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 examples cannot be admitted into evidence using the official records exception?:

a police report filed against defendant

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

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.

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

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

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

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

Which of the following people uttered the original statement(s) governed by the hearsay rule?:

declarant

Unrestricted hearsay exceptions:

do not require that the declarant be inaccessible.

Devices that enhance the senses but are not generally considered a search include:

high-powered flashlights.

Saying, "It's freezing in here!" when the heat is cut off in a home—a statement that is wholly subjective—is known as a(n):

implicit assertion

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

This exception covers statements published in books, magazines, pamphlets, and other such documents.:

learned treatises

When the declarant misspeaks or is misunderstood, it is a matter of:

narrative ambiguity

Which of the following is not a type of reputation evidence that is admissible under the Federal Rules of Evidence?:

none of these

This is a statement made by the declarant as the event or condition is occurring.:

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

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

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.

Out-of-court statements identifying a person after the declarant has identified the person are prior:

statements of identification.

The Fourth Amendment contains two basic clauses:

the reasonableness clause and the warrant clause.

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

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

Which of the following exceptions to the hearsay rule would a marriage license be considered?:

vital statistics exception