Legal Aspects of Evidence: Ch's. 9-11 Exam Study Guide
In the context of one's intent, identify the basic components of a crime. - Modus vivendi - Modus operandi - Actus rea - Mens rea
- Actus rea - Mens rea
According to the plain view doctrine, identify the methods that enable an officer to arrive at the vantage point lawfully. - An object must be viewed by the officer while executing a search based on a lapsed search warrant. - An object may be viewed by the officer while the office executes an arrest warrant in the arrestee's home. - The officer may observe an object during a search pursuant to a search warrant. - An object should be viewed before obtaining a search warrant from a neutral magistrate.
- An object may be viewed by the officer while the office executes an arrest warrant in the arrestee's home. - The officer may observe an object during a search pursuant to a search warrant.
According to the plain view doctrine, identify the methods that enable an officer to arrive at the vantage point lawfully. - An object should be viewed before obtaining a search warrant from a neutral magistrate. - An object may be viewed by the officer while the officer executes an arrest warrant in the arrestee's home. - An object must be viewed by the officer while executing a search based on a lapsed search warrant. - The officer may observe an object during a search pursuant to a search warrant.
- An object may be viewed by the officer while the officer executes an arrest warrant in the arrestee's home. - The officer may observe an object during a search pursuant to a search warrant.
Identify the examples of improper execution of a search warrant. - A peace officer knocking and noticing the arrival before executing a search warrant. - An unreasonable breaking and entering by a peace officer without prior request for admission into the premises to be searched. - A peace officer restraining people who try to interfere with the search progress granted by a magistrate. - A peace officer's failure to execute the warrant within the prescribed, or reasonable, time.
- An unreasonable breaking and entering by a peace officer without prior request for admission into the premises to be searched. - A peace officer's failure to execute the warrant within the prescribed, or reasonable, time.
In the context of the character of a witness, identify the types to pertinent information regarding the guilt or innocence of the accused. - False victims - Co-conspirators - Alibi witnesses - Neutral magistrates
- Co-conspirators - Alibi witnesses
Identify the areas approved by the U.S. Supreme Court for drug testing where no criminal penalties were involved. - Suspects of a first-degree murder or manslaughter - Customs Service employees engaged in certain activities - All high school and junior high school athletes in a school district - People who drive under the influence of alcohol or drugs
- Customs Service employees engaged in certain activities - All high school and junior high school athletes in a school district
Identify the exceptions to rape shield laws that are admissible at court. - Evidence of other sexual acts between a victim and an accused that happened with the victim's consent. - Evidence of other sexual acts by the victim being admissible to prove that a person other than the accused was the source of injury - Evidence that shows the proof of the victim's opposition to sexual acts made by the defendant - Evidence that proves that the accused honestly, but mistakenly, believed the victim did not consent.
- Evidence of other sexual acts between a victim and an accused that happened with the victim's consent. - Evidence of other sexual acts by the victim being admissible to prove that a person other than the accused was the source of injury
Identify the methods whereby a search or seizure is generally accepted as reasonable, allowing the fruits of the search and seizure to be introduced at trial. - Less intrusive searches and seizures, which are made on less than probable cause. - Warrantless searches and seizures that have been declared unreasonable. - Searches and seizures made pursuant to a search warrant - Searches and seizures following an unlawful arrest of a person.
- Less intrusive searches and seizures, which are made on less than probable cause. - Searches and seizures made pursuant to a search warrant.
Identify the highly suggestive procedures followed in police inquiries. - Posing a neutral question to the victim - Following proper police practices to determine the strength of an identification - Making statements that focus the witness's attention on a single person or picture - Threatening the witness if they do not cooperate
- Making statements that focus the witness's attention on a single person or picture - Threatening the witness if they do not cooperate
Identify the theories that help in proving the identity of a perpetrator of a crime. - Motive - Alibi defense - Self-defense - Absence of accident
- Motive - Absence of accident
Identify the basic types of identification procedures. - Frisks - Photographic arrays - Lineups - Security checks - Show-ups
- Photographic arrays - Lineups - Show-ups
Identify the situations relating to the composition of a lineup that must be avoided by an officer conducting the identification procedure. - Presenting others in the lineup or array who are similar in appearance to the defendant - Placing the accused with others of a different race in the lineup - Asking the accused to dress in a particular way - Having all the people in the lineup dress in a similar manner
- Placing the accused with others of a different race in the lineup - Asking the accused to dress in a particular way
In the context of a seizure of property, which of the following constitute meaningful interferences with individuals' possessory interests? - Preventing persons from entering or leaving their homes. - Destroying property. - Reselling property with its owners' consent. - Measuring the net worth of property. - Taking property from a person's possession.
- Preventing persons from entering or leaving their homes. - Destroying property. - Taking property from a person's possession.
Identify the instances in which a seizure of a person occurs. - Entering a person's property without obtaining a search warrant from court. - Seizing a person in view of all of the circumstances surrounding the incident. - Using physical force or show of authority to a person and restraining the person's freedom or movement. - Interrogating a suspect of a crime in a crowded public area.
- Seizing a person in view of all of the circumstances surrounding the incident. - Using physical force or show of authority to a person and restraining the person's freedom or movement.
Identify the typed of evidence that the defendant in a homicide case can use as valid claims of self-defense. - Good character of the defendant - Specific instances of aggressive conduct by the victim - Reputation - Legal knowledge
- Specific instances of aggressive conduct by the victim - Reputation
Identify the constitutional amendments that are likely to potentially trigger the exclusionary rule. - The Sixth Amendment right to confront witness. - The Fifth Amendment right to practice any religion. - The Fifth and Fourteenth Amendments right to due process of law. - The Sixth Amendment right to counsel - The Fifth Amendment privilege against self-incrimination
- The Fifth and Fourteenth Amendments right to due process of law. - The Sixth Amendment right to counsel - The Fifth Amendment privilege against self-incrimination.
According to the Biggers case, identify the factors that must be examined to determine the reliability of a suggestive identification. - The criminal's degree of attention - The accuracy of the witness's prior description of the criminal - The length of time between the crime and the final judgment - The witness's opportunity to view the criminal at the time of the crime.
- The accuracy of the witness's prior description of the criminal. - The witness's opportunity to view the criminal at the time of the crime.
Identify the exceptions to the fruit of the poisonous tree doctrine. - The attenuation doctrine - The open fields doctrine - The inevitable discovery doctrine - The apparent authority doctrine
- The attenuation doctrine - The inevitable discovery doctrine
In the context of consent search, identify the elements that are considered while testing the totality of the circumstances for consent. - The characteristics of the person giving consent - Whether the person giving consent has a counsel - Whether there was a show of force by the officer requesting consent - The characteristics of the neutral magistrate who allowed the search.
- The characteristics of the person giving consent - Whether there was a show of force by the officer requesting consent
Identify the issues that surround the certainty of a witness. - The number of persons identified by the witness of a crime. - The degree of certainty required to support the admissibility of an identification. - The time interval between the crime and the judgement. - The point at which the witness became certain.
- The degree of certainty required to support the admissibility of an identification. - The point at which the witness became certain.
Identify the exceptions to the exclusionary rule fashioned by the U.S. Supreme Court. - The good faith exception. -The warrant clause exception. - The impeachment exception. - The consent search exception.
- The good faith exception. - The impeachment exception.
Identify the determining factors in the length of time that search may reasonably take. - The number of peace officers executing the warrant. - The number of occupants in a property. - The kind of premises to be searched. - The type of property or evidence sought.
- The kind of premises to be searched. - The type of property or evidence sought.
Identify the exigencies recognized by the U.S. Supreme Court in the case of Minnesota v. Olson. - Lack of possessing a search warrant prior to a search. - The need to prevent a suspect's escape. - Imminent destruction of evidence - The risk of harm to the police - Hot pursuit of a fleeing felon - A low level of blood alcohol concentration (BAC).
- The need to prevent a suspect's escape. - Imminent destruction of evidence - The risk of harm to the police - Hot pursuit of a fleeing felon
Identify the rights of a peace officer executing a search warrant if they are not admitted into the premises to be searched are knocking and announcing. - The officer may use the amount of force reasonably necessary to carry out the search. - The officer may act unreasonably in any way while conducting the search. - The officer may cause damage to the premises not necessary to accomplish the search. - The officer may restrain persons who try to interfere with the search. - The officer may break into locked rooms and closets.
- The officer may use the amount of force reasonably necessary to carry out the search. - The officer may restrain persons who try to interfere with the search. - The officer may break into locked rooms and closets.
Identify the conditions for finding the defendant guilty based on circumstantial evidence in states that treat circumstantial evidence differently. - The proved circumstances should fall under the inventory exception. - The proved circumstances cannot be reconciled with any other rational conclusion. - The proved circumstances must have exhibited an actual, subjective expectation of privacy in the place searched. - The proved circumstances are consistent with the theory that the defendant is guilty of the crime.
- The proved circumstances cannot be reconciled with any other rational conclusion. - The proved circumstances are consistent with the theory that the defendant is guilty of the crime.
Identify the photographic elements that provide a constitutional basis to challenge the photo array. - Cost of the photos - Type of the photos - Reliability of the photos - Quality of the photos
- Type of the photos - Quality of the photos
In the context of a reasonable search and seizure, identify the well-delineated exceptions to the warrant clause. - Vehicle and container searches - False friend doctrine - Deterrence rationale - Search incident to a lawful arrest (SILA) - Consent
- Vehicle and container searches - Search incident to a lawful arrest (SILA) - Consent
Identify the exceptions to the warrant requirement for a search. - Vehicle searches - Consent searches - Open fields searches - Exigent circumstances searches - Search and seizure incident to lawful arrest - Search and seizure incident to unlawful arrest.
- Vehicle searches - Consent searches - Exigent circumstances searches - Search and seizure incident to lawful arrest.
In the context of the execution of a search warrant, identify the circumstances in which announcing a peace officer's purpose prior to entering the premises is not necessary. - When the officer has probable cause to believe that their life may be in danger - When the occupants are already alerted to the officer's presence. - When the officer does not possess a copy of the search warrant - When the search is conducted on fully occupied premises.
- When the officer has probable cause to believe that their life may be in danger - When the occupants are already alerted to the officer's presence.
According to the plain view doctrine, identify the situations that allow a peace officer to seize an object without a warrant. - When the evidence of a crime is not explicitly known to the officer. - When the officer observes the object from a lawful vantage point. - When the officer follows the knock and announce rule before executing a search - When the nature of the object is immediately apparent as an article subject to seizure. - When the officer has a right of physical access to the object from the lawful vantage point.
- When the officer observes the object from a lawful vantage point. - When the nature of the object is immediately apparent as an article subject to seizure. - When the officer has a right of physical access to the object from the lawful vantage point.
Identify the factors that must be considered in determining whether an investigating detention based on reasonable suspicion rises to the level of a de facto arrest (an arrest in fact). - Whether the officer has executed a search within two to three days after the issuance of the warrant. - The number of arrestees - Whether an officer pursed the investigation in a reasonable and diligent manner - The length of the detention - Whether a person was forcibly removed from home or another place that they are entitled to be.
- Whether an officer pursed the investigation in a reasonable and diligent manner - The length of the detention - Whether a person was forcibly removed from home or another place that they are entitled to be.
A witness's observation of a suspect is considered to be reliable if it lasted anywhere between _____. - 35 minutes and 2 hours - 14 seconds and 30 minutes - 10 seconds and 15 minutes - 45 minutes and 3 hours
14 seconds and 30 minutes
Property that is evidence of a crime ....
A bloody shirt
Property that is an instrumentality of a crime ....
A gun used in a robbery
Who is responsible for guarding against being too skeptical when it comes to circumstantial evidence? - A law enforcement professional - The prosecutor - A member of the jury - The defendant
A law enforcement professional
Which of the following is true about the issuance of the night service of a warrant? - None of the states in the U.S. allow the execution of a search warrant at night. - A majority of the states do not have special rules for the service of warrants at night. - The Supreme Court holds that states are allowed to execute a search warrant at any time between 10 AM and 6 PM. - The execution of search warrants is limited to daytime hours in the states of the United States.
A majority of the states do not have special rules for the service of warrants at night.
Search of a child ....
A parent or guardian
In the context of proving the defendant's good character, who is entitled to give an opinion evidence on the accused? - A person who has no personal relationship with the investigating officer - A person who knows the victim long enough - A person who knows the accused long enough - A person who has no personal relationship with the accused
A person who knows the accused long enough
Which of the following evidence, presented in situations where the accused is a witness, is likely to be legally admissible? - A previous conviction for embezzlement in a homicide trial. - A previous conviction for murder in a homicide trial. - A conviction with a punishment of imprisonment for less than a year. - A conviction that denied the punishment of death to the accused.
A previous conviction for embezzlement in a homicide trial.
Gilbert is charged with aggravated assault. Which of the following evidence is likely to prove his good character in the trial? - A reputation for being a peaceful person - A reputation for being an athlete - A reputation for being an honest person - A reputation for being a philanthropist
A reputation for being a peaceful person
Which of the following is considered an aerial surveillance that does not constitute a search? - A surveillance conducted in a technologically enhanced manner. - A surveillance conducted in an obtrusive manner. - A surveillance conducted from positions outside publicly navigable airspace under Federal Aviation Administration (FAA). - A surveillance conducted within publicly navigable airspace under Federal Aviation Administration (FAA) regulations.
A surveillance conducted within publicly navigable airspace under Federal Aviation Administration (FAA) regulations.
FRE 413 ...
Allows the prosecution in sexual assault cases to introduce evidence regarding other uncharged sexual misconduct by the accused.
Which of the following is a well-delineated exception to the search warrant requirement that permits a police officer to enter premises when there is a situation that requires immediate action? - Open fields doctrine - An exigent circumstances search and seizure - A search and seizure incident to unlawful arrest - False friend doctrine
An exigent circumstances search and seizure
____ warrant was upheld in the 2006 Supreme Court decision in United States v. Grubbs. - Anticipatory - Civil - Alias - Detinue
Anticipatory
Which of the following is an essential guideline that should be followed by officers in the process of identification by a witness? - Inform the witness that the lineup includes a suspect in custody - Avoid making statements that cause the witness to focus on a particular suspect - Present the images of the same suspect in all photographic arrays - Avoid keeping the witnesses apart when they are more in number
Avoid making statements that cause the witness to focus on a particular suspect
The United States Supreme Court set forth five factors for determining the reliability of suggestive identification in the ____ case. - Gilbert's - Biggers - Stovall's - Simmons
Biggers
The reliability of the identification produced in the court is determined by taking into account the factors of reliability enumerated in the ____ case. - Stovall's - Simmons - Biggers - Gilbert's
Biggers
Which of the following is likely to occur if a defendant's Fourth, Sixth, or Fourteenth Amendment rights are violated during an investigate identification procedure. - Only pretrial identifications are likely to be admissible against defendants. - Both pretrial and in-court identifications are likely to be inadmissible against defendants. - Only in-court identifications are likely to be inadmissible defendants. - Any type of identification in the court is admissible against defendants.
Both pretrial and in-court identifications are likely to be inadmissible against defendants.
Show-up ...
Conducting a one-on-one presentation of a suspect to a victim or witness for identification purposes.
Character ...
Description of a person's attributes, traits, or abilities.
______, justified on the basis of reasonable suspicion, constitutes a seizure, but, because it is less intrusive than an arrest, the level of required justification is lower than the probable cause that is necessary for an arrest. - Booking - Charging - Detention - Disposition
Detention
In the Mapp case in 1961, the U.S. Supreme Court made the Fourth Amendment exclusionary rule applicable to the states through the ____ Clause provisions of the Fourteenth Amendment to the U.S. Constitution. - Speech or Debate - Republican Form - Faithful Exception - Due Process
Due Process
Identify the clauses of the Fifth and Fourteenth Amendments that preserve the right to a fair trial. - Due Diligence Clauses - Due Process Clauses - Double Indemnity Clauses - Double Witness Clauses
Due Process Clauses
Which of the following is true of the rules involved in inferring the character of a witness once it has been attacked? - Evidence of truthful character is admissible only as rebuttal evidence - The truthfulness of the witness must be attacked after introducing rebuttal evidence - Evidence relating to the witness's truthfulness is likely to be used to attack the witness - Informants should be exempted from being attacked for character evidence.
Evidence of truthful character is admissible only as rebuttal evidence
In the context of reasonable searches and seizures, which of the following is an exception to the warrant clause? - Independent source doctrine - Totality of the circumstances - Deterrence rationale - Exigent circumstances searches
Exigent circumstances searches
True of False: The exceptions to the exclusionary rule have increased the exclusionary rule's adverse effect of letting a criminal go free to prey upon society again because a police officer blundered.
False.
True or False: According to the modern character evidence rule, the fact that the accused has committed other acts of misconduct or crimes necessarily means that the accused is guilty of the new charge.
False.
True or False: As the courts have put it, the individuals in the photographic display and lineup should be the different race, possess dissimilar physical features, and be different in size, age, and dress.
False.
True or False: Circumstantial evidence is classified as inferior evidence by a majority of jurisdictions in the United States.
False.
True or False: In a homicide case, if the victim was in fear of harm by the accused, the evidence that reflects the state of mind of the deceased is irrelevant to prove that the accused was the one responsible for the murder.
False.
True or False: In the context of the suggestive procedures of identification process pertaining solely to photo arrays, the quality of the photos need to be different enough that witness's attention will be drawn to one photo because it stands out for some reason.
False.
True or False: Initially, the exclusionary rule was applicable to both state and federal officers.
False.
True or False: The plain view doctrine states that an officer who observes an object from a lawful vantage point is allowed to violate the Fourth Amendment in arriving at that vantage point.
False.
True or False: The processes of search for and seizure of evidence are confined to obtaining physical, tangible objects.
False.
True or False: There are no exceptions to the general rule that search or seizure must be accompanied by either individualized probable cause or reasonable suspicion.
False.
At stake in an exception to the rape shield laws is the _____ of the defendant. - Fourth Amendment right against unreasonable searches and seizures - Tenth Amendment right to privacy - Fifth and Sixth Amendment right to a full defense and fair trial - Second Amendment right to bear arms
Fifth and Sixth Amendment right to a full defense and fair trial
The ____ to the U.S. Constitution prohibits unreasonable searches and seizures and provides that no warrants for a search or a seizure shall be issued without probable cause. - Fifteenth Amendment - Fourth Amendment - Sixth Amendment - Eighth Amendment
Fourth Amendment
The ____ to the United States Constitution provides that the place to be searched and the things to be seized must be particularly described. - Tenth Amendment - Fifth Amendment - Sixth Amendment - Fourth Amendment
Fourth Amendment
The ___ to the U.S. Constitution prohibits unreasonable searches and seizures and provides that no warrants for search or a seizure shall be issued without probable cause. - Fifteenth Amendment - Fourth Amendment - Eight Amendment - Sixth Amendment
Fourth Amendment.
____, which are the rights guaranteed by the Fourth Amendment to the Constitution of the United States, are most often involved when evidence is excluded due to application of the exclusionary rule. - Freedom of religion, speech, and assembly - Freedom from cruel and unusual punishment - Freedom from racial and sexual discrimination - Freedom from unreasonable searches and seizures
Freedom from unreasonable searches and seizures
In the years following the Katz decision, the U.S. Supreme Court chose ___ to decide whether, in any given case, a search has occurred. - Harlan's test. - Gmelin's test. - the Innis test - the Escobedo test
Harlan's test
Which of the following is a true statement about the plain view doctrine? - There are no specific requirements for the plan view doctrine to apply. - It does not apply to the issues related to warrants. - It is not an exception to the requirement of a warrant for a seizure. - Inadvertence is not a requirement for the plain view doctrine to apply.
Inadvertence is not a requirement for the plain view doctrine to apply.
Which of the following scenarios is likely to trigger issues under the Fourth Amendment to the U.S. Constitution? - Pointing a flashlight at night to illuminate an area open to public view. - Using a pen register to record the numbers dialed in a public telephone booth. - Law enforcement officers trespassing upon private property to observe open fields. - Installing a Global Positioning System (GPS) tracking device on a suspect's vehicle.
Installing a Global Positioning System (GPS) tracking device on a suspect's vehicle.
_____ refers to the state of mind that expresses mental action that is usually coupled with an outward physical act to to cause a particular result. - Plea - Restitution - Intent - Hearsay
Intent
Identify a true statement about Harlan's test. - It is also known as the Escobedo test - It contains both a subjective prong and an objective prong. - It decides whether a custodial interrogation has occurred. - It is also known as the Innis test.
It contains both a subjective prong and an objective prong.
Identify a true statement about a motion to suppress evidence. - It is a written application for a search warrant showing the probable cause. - It is usually filed by a neutral magistrate. - It is also known as an affidavit. - It sets forth the reasons a defendant thinks that the evidence was illegally obtained.
It sets forth the reasons a defendant thinks that the evidence was illegally obtained.
Identify a true statement about the deterrence rationale for the exclusionary rule. - It states that the need to maintain judicial integrity seldom justifies the application of the exclusionary rule to the state. - It states that the evidentiary fruits of illegal police conduct can be included as evidence at trial. - It was stated by the U.S. Supreme Court in the case of Weeks v. United States. - It was stated by the U.S. Supreme Court in the case of Mapp v. Ohio.
It was stated by the U.S. Supreme Court in the case of Mapp v. Ohio.
FRE 415 ...
Makes evidence admissible in civil damages cases brought by the victims of either sexual assault or child molestation.
The United States Supreme Court applied the exclusionary rule in state trials for the first time in the case of ____. - Arizona v. Evans - Weeks v. United States - Herring v. United States - Mapp v. Ohio
Mapp v. Ohio
Property that is contraband ....
Narcotics
FRE 414 ...
Permits the introduction of uncharged incidents of child molestation in a case in which the accused is charged with an offense of child molestation.
Photographic array ...
Presenting a number of pictures to a witness for the identification of the perpetrator.
Lineup ...
Presenting a row of similar looking persons to see if one can be identified as the perpetrator of the crime.
_____ exists when the facts and circumstances within an officer's knowledge, and of which they have reasonably trustworthy information, are sufficient to warrant a person of reasonable caution to believe, by a fair probability, that a particular individual has committed, or is committing, a particular offense. - Motion to suppress evidence - Good faith exception to the exclusionary rule - Probable cause to arrest - Deterrence rationale of the exclusionary rule
Probable cause to arrest
____ exists if the facts and circumstances within an officers' knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an item subject to seizure will be found in the place to be searched. - Probable cause to search - Motion to suppress evidence - Deterrence rationale for the exclusionary rule - Good faith exception to the exclusionary rule
Probable cause to search
Property that is the fruit of a crime ....
Property that is stolen or embezzled.
Property that is contraband .....
Property that is unlawful to produce or possess.
Property that is evidence of a crime ....
Property that tends to show that a felony has been committed
Property that is an instrumentality of a crime ....
Property used as the means of committing a crime
In the context of the types of suggestive identification processes, identify the most suggestive identification procedure. - Stop - Frisk - Show-up - Curtilage
Show-up
Identify an inherently suggestive situation from the given scenarios of the identification process. - Creating a photo array of people dressed in a similar fashion - Arranging a photo array with an equal number of color and black-and-white photos - Showing one color photograph with ten black-and-white photos to the witness - Displaying an array of color photos to the witness and asking them to choose one of them.
Showing one color photograph with ten black-and-white photos to the witness
In the case of ___, the restriction of the fruit of the poisonous doctrine was placed upon the admissibility of evidence for the first time. - City of Indianapolis v. Edmond - Silverthorne Lumber Co. v. United States - Ferguson v. City of Charleston - Wong Sun v. United States
Silverthorne Lumber Co. v. United States
The _____ to the Constitution states, "In all criminal prosecutions, the accused shall ... have the assistance of counsel for his defense." - Fifth Amendment - Sixth Amendment - Fourteenth Amendment - Fourth Amendment
Sixth Amendment
Identify a true statement about the motive in a case. - The evidence of motive can be irrelevant in most of the cases - The evidence of motive is always considered leading to the accused's intent. - The accused's conduct, identity, or intent can be inferred from the evidence of motive. - The law requires the evidence of motive in every case.
The accused's conduct, identity, or intent can be inferred from the evidence of motive.
Reputation ...
The consensus of what other people in the community say about the accused's character.
Identify a true statement about the legally acceptable form of a consent given by a person to an officer to search the person's property. - A silent response is considered a valid consent - The consent should have some affirmative response - The consent should have formal wording - A silence followed by a gesture is not a valid consent
The consent should have some affirmative response
Who should prove that a search warrant was invalid or improperly issued if an attack is made by a defendant on the search warrant? - A prosecutor - The defendant - The magistrate - A peace officer
The defendant
Peter hears noises of arguments between Samuel, his neighbor, and Samuel's wife. After some time, Peter hears the sound of a gunshot. When Peter goes to Samuel's house, he sees that Samuel is holding a gun. Seeing Peter, Samuel runs away from the crime scene. In the context of the types of evidence, identify a true statement about this scenario. - Peter can testify that gunshot from Samuel's gun was the cause of the victim's death. - The fact that Peter heard a gunshot can be considered circumstantial evidence. - The fact that Peter heard a gunshot can be considered direct evidence. - Peter can testify that he saw Samuel shooting the victim.
The fact that Peter heard a gunshot can be considered circumstantial evidence.
Sarah sees Timothy, her friend, stabbing a woman at a party. The woman dies at the scene. In the context of the types of evidence, identify a true statement about this scenario. - The fact that Sarah saw Timothy stabbing the woman can be considered circumstantial evidence. - Sarah can testify that stabbing Timothy was the reason for the woman's death. - Sarah cannot testify that she saw Timothy stab the woman. - The fact that Sarah saw Timothy stabbing the woman can be considered direct evidence.
The fact that Sarah saw Timothy stabbing the woman can be considered direct evidence.
In the context of the exceptions to the fruit of the poisonous doctrine, which of the following doctrines states that illegally obtained evidence is admissible if the prosecution can show that it would have been easily identified, even in the absence of the police illegality? - The open fields doctrine - The silver platter doctrine - The apparent authority doctrine - The inevitable discovery doctrine
The inevitable discovery doctrine
Which of the following scenarios shows the legally acceptable form of a consent to an officer's search given by an occupant of a building to be searched? - The occupant does not give any affirmative response. - The occupant remains silent and emotionless. - The occupant steps back and motions the officer into the building. - The occupant shuts the door of the building.
The occupant steps back and motions the officer into the building.
Search of a property ....
The one who has common authority.
Search of an individual ....
The one who is to be searched
Which of the following has served as the basis for defendants' attacks upon photo identifications? - Adequate professionalism of the photographer - The camera used to take the photo of a suspect - Intelligence of the jury - The surroundings in which a suspect is depicted.
The surroundings in which a suspect is depicted.
Which of the following has served as the basis for defendants' attacks upon photo identifications? - The surroundings in which a suspect is depicted. - Adequate professionalism of the photographer - The camera used to take the photo of a suspect. - Intelligence of the jury
The surroundings in which a suspect is depicted.
In the context of a consent search, identify a test for consent that takes into account all of the situations surrounding the giving of consent to determine whether a person has voluntarily consented. - The Innis test - The motion to suppress evidence - The Escobedo test - The totality of the circumstances
The totality of the circumstances
In the context of a consent, identify a test for consent that takes into account all of the situations surrounding the giving of consent to determine whether a person has voluntarily consented. - The Escobedo test - The motion to suppress evidence - The Innis test - The totality of the circumstances
The totality of the circumstances
Which of the following practices is generally discouraged in the identification process? - The extensive use of black-and-white photographs in an array - The use of both black-and-white and color photographs in the same array - The use of both black-and-white and color photographs in different arrays. - The extensive use of color photographs in an array.
The use of both black-and-white and color photographs in the same array.
Identify a factor that determines the existence of suggestive evidence. - The witness's degree of attention - Testimony of the jury - Testimony of the peace officer - The defendant's degree of attention
The witness's degree of attention.
Opinion ...
The witness's personal judgement based on direct observation and personal knowledge of an accused's specific traits of character.
Which of the following statements is true about the duration of executing a search warrant? - There is no time placed on how long peace officers may take to execute a search warrant. - The existence of a search warrant permits a search to continue indefinitely. - Peace officers are allowed to take a maximum of 10 hours
There is no time placed on how long peace officers may take to execute a search warrant.
Identify a guideline suggested by the U.S. Department of Justice that should be followed by an officer in an identification procedure. - They are cautioned to avoid using fillers who resemble the suspect very closely. - They should ensure that a lineup contains a minimum of ten fillers. - They should reuse fillers in lineups shown to the same witness. - They should position the suspect in a specific order in all the lineups.
They are cautioned to avoid using fillers who resemble the suspect very closely.
Which of the following statements is true about a neutral magistrate or judge? - They do not issue search warrants outside normal working hours. - They do not possess the rights to scrutinize the affidavit. - They are the person associated with law enforcement. - They are permitted to issue a search warrant by telephone.
They are permitted to issue a search warrant by telephone.
_____ is the test for suggestiveness that takes into account all surrounding circumstances to determine whether the exclusionary rule applies. - Motion to suppress - Indicia of reliability - Return of warrant - Totality of circumstances
Totality of circumstances
True or False: A reasonable search can be made by an exception to the warrant requirement.
True.
True or False: An accused's previous attacks on the victim are circumstantial evidence that may be introduced to overcome an allegation that a homicide was committed in self-defense or by accident, or to prove premeditation.
True.
True or False: Courts have found identifications reliable when a witness of a crime has shown as much lower level of certainty.
True.
True or False: In most cases, defendants who are not formally charged do not have the privilege of getting the assistance of counsel.
True.
True or False: In order to ensure accuracy, the witness is required to give a detailed initial description of the suspect.
True.
True or False: The Fourth Amendment requirement of particularity of the place to be searched and the things to be seized seeks to prevent an indiscriminate blanket authority to search a place or an area and to prohibit a wholesale seizure without limits.
True.
The ____ released a report in October 1999 that suggested ways in which eyewitnesses identification can become more reliable. - U.S. Department of Consumer Affairs - U.S. Department of Defense - U.S. Department of State - U.S. Department of Justice
U.S. Department of Justice
Identify a situation where the counsel need not be present in a trial. - When a defendant is charged with a criminal offense - When an arrested suspect is presented in a photographic array - When a suspect who is not formally charged is placed in a lineup. - When a defendant has a criminal background
When a suspect who is not formally charged is placed in a lineup.
Identify a situation where the use of self-defense is justified in a homicide case. - When the alleged victim has no past evidence of violent behavior - When the use of force by the defendant is unlikely to avoid danger - When the defendant's character is criminally predisposed - When the alleged victim believed that the danger of bodily harm is imminent.
When the alleged victim believed that the danger of bodily harm is imminent.
In the context of suggestive pretrial identification procedures, identify the situation where the danger of misidentification is greatly increased. - When the police show the witness pictures of several persons, emphasizing the photo of a single person. - When the police display to the witness many pictures of people resembling the accused. - When the police show the picture of the accused to the victim for the first time during the trial. - When the witness is shown a group picture with many individuals resembling the accused.
When the police show the witness pictures of several persons, emphasizing the photo of a single person.
In the context of the false friend doctrine, in the case of United States v. White, the expectation of private terminology from Katz was used by the Supreme Court to say that ____. - a citizen does not have a reasonable expectation that a person with whom they are conversing will not reveal the conversation to the police. - Harlan's test chosen to decide whether a search has occurred has an objective prong. - a citizen has a reasonable expectation that a person with whom they are conversing will not reveal the conversation to the police. - Harlan's test chosen to decide whether a search has occurred does not have a subjective prong.
a citizen does not have a reasonable expectation that a person with whom they are conversing will not reveal the conversation to the police.
In the context of search and seizure on less than probable cause, a limited patdown search of the outer garments of a person to determine whether they possess a weapon with which to cause injury to an officer others is called _____. - an arrest - booking - a frisk - charging
a frisk
According to the critical stage test, the ____ is guaranteed that they need not stand alone against the State during prosecution. - claimant - plaintiff - prosecutor - accused
accused
In states that treat circumstantial evidence differently, the reasonable hypothesis instruction is considered a rule that often benefits the _____. - peace officer - accused - victim - trial judge
accused
A counsel must be present at the post-indictment lineup because the ____. - suspect is formally charged before being placed for identification - accused is likely to be arrested after identification - accused is likely to be misled by lack of familiarity with the law - suspect has been indicted for the crime
accused is likely to be misled by lack of familiarity with the law.
A counsel must be present at the post-indictment lineup because the _____. - accused is likely to be arrested after identification. - suspect has been indicted for the crime. - accused is likely to be misled by lack of familiarity with the law. - suspect is formally charged before being placed for identification.
accused is likely to be misled by lack of familiarity with the law.
In 1995, the Federal Rules of Evidence were amended to _____ in certain cases. - attack the credibility of the witness's testimony - distinguish between the weight to be given to direct and circumstantial evidence - address the admissibility of evidence of a defendant's prior sexual assault or child molestation crimes - exclude evidence made without the presence of the jury
address the admissibility of evidence of a defendant's prior sexual assault or child molestation crimes
A written and sworn application for a search warrant by an officer showing that there is sufficient reason to believe that one of the foregoing grounds for the issuance of the warrant exists is known as a(n) _____. - petition - docket - indictment - affidavit
affidavit
A circumstantial evidence is considered relevant if it _____. - supports the claims of the accused - is against the claims of the witness - is based primarily on passive judgment - aids in proving the truth of issues in dispute
aids in proving the truth of issues in dispute
A circumstantial evidence is considered relevant if it ______. - aids in proving the truth of issues is dispute - is against the claims of the witness - supports the claims of the accused - is based primary on passive judgement
aids in proving the truth of issues is dispute
In the context of suggestive identification processes, the digital alteration of all photographs in an array is likely to be considered permissible by law if ____. - all the pictures are altered - it is performed by the defendant - only one picture is altered - it is performed after photo identification
all the pictures are altered
In the context of suggestive identification processes, the digital alteration of all photographs in an array is likely to be considered permissible by law if ____. - only one picture is altered - it is performed by the defendant - it is performed after photo identification - all the pictures are altered
all the pictures are altered.
According to Federal Rules of Evidence 404(a)(2)(B) and (C), when the character of a victim becomes an issue at trial, the traditional rule _____. - allows for the introduction of a pertinent trait of character of the alleged victim of the crime offered by an accused. - prohibits the prosecution to rebut a pertinent trait of character of the alleged victim - allows the trial judge to establish the proof of the defendant's good faith in the presence of the jury - prohibits the introduction of evidence of a defendant's prior sexual assault cases.
allows for the introduction of a pertinent trait of character of the alleged victim of the crime offered by an accused.
A(n) _____ is issued with a provision that it be executed upon the occurrence of a triggering condition.
anticipatory warrant
Under the ____ doctrine, consent search will be deemed reasonable if the facts known to an officer at the moment of entry would cause a reasonable person to believe that the consenting party had common authority for most purposes over the property.
apparent authority
In the context of the procedure to obtain a search warrant, recent U.S. Supreme Court decisions require a(n) ____ to be deferential to a magistrate's finding of probable cause. - military court - provincial court - trial court - appellate court
appellate court
Probable cause to arrest is defined in terms of the information possessed by a(n) _____. - arrested convict - petit jury - arresting officer - grand jury
arresting officer
The ____ is the exception to the fruit of poisonous doctrine in which the connection between the unlawful conduct of the police and the discovery of the challenged evidence is so unrelated as to dissipate the taint.
attenuation doctrine
The ____ is the exception to the fruit of the poisonous doctrine in which the connection between the unlawful conduct of the police and the discovery of the challenged evidence is so unrelated as to dissipate the taint.
attenuation doctrine
The case of Wong Sun v. United States, where the illegal arrest by the police had nothing to do with the defendant's subsequent incriminating statements, is an example of the application of the ____. - plain view doctrine - false friend doctrine - staleness doctrine - attenuation doctrine
attenuation doctrine.
Federal Rules of Evidence 403 has a(n) _________ that requires the judge to exclude relevant evidence if its probable value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, waste of time, or needlessly presenting cumulative evidence.
balancing test
In the context of the vehicle exception to the search warrant requirement, since the opportunity to search vehicles is only momentary, searches are limited to vehicles that are ____. - being used on public ways - being used on private pathways - not capable of use on the highway - not in stationary positions
being used on public ways
A peace officer seeking a search warrant ____. - can submit that affidavit to a judge who is associated with the prosecution. - is not permitted to use hearsay information - can obtain information from a confidential informant - is not allowed to use information received from anonymous telephone calls
can obtain information from a confidential informant
According to the doctrine of ______, if the same situation happens time and time again, then these accidents can no longer be considered coincidental. - expectation of privacy - apparent authority - chances - consent
chances
The rule that states evidence of a trait of character to prove a person's conduct in conformity with that trait is inadmissible, with a few exceptions, is called the modern _____ rule.
character evidence
Evidence that tends to establish the facts in dispute by proving the existence of another set of facts from which an inference or a presumption can be drawn is known as ______.
circumstantial evidence
In the context of the search made of a certain property or premises, according to the U.S. Supreme Court, ____ is defined as the mutual use of the property searched by persons having joint access to the property for most purposes. - common authority - contest mobility - protective sweep - reasonable suspicion
common authority
One of the most frequent uses of circumstantial evidence is to ____. - ensure the reliability of a peace officer - connect the accused with the crime - ensure the reliability of the victim - connect a peace officer with a witness
connect the accused with the crime
Inference of _____ is drawn by showing evidence of an accused's uncustomary acts, statements, or appearance. - deposition - restitution - impeachment of a witness - consciousness of guilt
consciousness of guilt
According to a(n) _____, which is an exception to the warrant requirement of the Fourth Amendment and the probable cause requirement, a peace officer needs no justification to conduct a search pursuant to valid consent.
consent search
A ____ begins at the initiation of an adversarial judicial proceeding, whether by a way of formal charge, preliminary hearing, indictment, information, or arraignment. - critical stage - lineup - show-up - photographic array
critical stage
A defendant can rebut the presumption that absence of counsel cause no harm by demonstrating that despite the absence of formal adversary judicial proceedings, the government had _____. - conducted a lineup after formally charging the defendant - crossed the constitutionally significant divide from fact-finder to adversary - formally charged the defendant immediately after their arrest - appointed a prosecuting attorney immediately after the case was registered.
crossed the constitutionally significant divide from fact-finder to adversary.
In the context of the open field doctrine, the land immediately surrounding and associated with a home is called the ____. - exurb - fjord - curtilage - chaparral
curtilage.
After getting direct evidence from a witness during trial, the jury should primarily ____. - decide whether to believe the witness's testimony - accept the facts the witness stated - draw inferences from the evidence presented to reach a conclusion about the defendant's guilt or innocence - assign the defense attorney or the prosecuting attorney to find evidence to impeach the witness
decide whether to believe the witness's testimony
After getting direct evidence from a witness during trial, the jury should primarily _____. - decide whether to believe the witness's testimony - draw inferences from the evidence presented to reach a conclusion about the defendant's guilt or innocence. - assign the defense attorney or the prosecuting attorney to find evidence to impeach the witness. - accept the facts the witness stated.
decide whether to believe the witness's testimony
The rule of evidence that permits an accused to introduce evidence of good character in an attempt to prove their innocence is known as the ________________ rule.
defendant's good character
According to federal law, circumstantial evidence is ____. - defined as the proof of a chain of facts and situations indicating the existence of a fact. - a direct approach to proving the facts in dispute - defined as the testimony of a person who asserts or claims to have actual knowledge of a fact - also known as direct evidence
defined as the proof of a chain of facts and situations indicating the existence of a fact.
The Biggers factor of ____ determines the witness's ability to identify the accused in court based on the dependent identification. - degree of attention - location of the crime - number of crime victims - number of peace officers
degree of attention
In the context of the procedure to obtain a search warrant, the determination of probable cause _____. - depends upon a certainty principle - does not depend upon probability - does not depend upon the totality of circumstances - depends upon a fair probability
depends upon a fair probability
According the the U.S. Supreme Court, the only purpose of the exclusionary rule is to ____. - avoid unlawful conduct by a suspect of a crime. - deter unlawful police conduct. - punish juvenile offenders. - reduce overall crime rates in the United States.
deter unlawful police conduct.
The _____ for the exclusionary rule states that, to deter police officers from disregarding the Constitution, it is necessary to exclude from evidence at trial the evidentiary fruits of illegal police conduct.
deterrence rationale
The ____ for the exclusionary rule states that, to defer police officers from disregarding the Constitution, it is necessary to exclude fro evidence at trial the evidentiary fruits of illegal police conduct.
deterrence rationale.
In the context of consciousness of guilt, a person who has committed a crime will _____. - deviate from their usual pattern of conduct - follow a standard pattern of behavior - deliver customary statements - react to things in a sensitive manner
deviate from their usual pattern of conduct
Miranda saw Jacob stabbing a man to death. During the trial of the murder case, the facts presented by Miranda is an example of _____. - circumstantial evidence - exclusionary evidence - indirect evidence - direct evidence
direct evidence
The testimony of a person who asserts or claims to have actual knowledge of a fact, such as an eyewitness, is known as ______.
direct evidence
Robert saw Samatha running away after stabbing Samantha. In the case pertaining to Samson's murder, the observation of Robert is considered to be ______. - circumstantial evidence of the time of stabbing - circumstantial evidence of the stabbing - direct evidence of the stabbing - direct evidence of the cause of death
direct evidence of the stabbing
Robert saw Samantha running away after stabbing Samson. In the case pertaining to Samson's murder, the observation of Robert is considered to be ____. - circumstantial evidence of the time of stabbing - direct evidence of the cause of death - direct evidence of the stabbing - circumstantial evidence of the stabbing
direct evidence of the stabbing.
The use of evidence of other, similar occurrences to show that the charged crime is not an isolated event due to a possibility is called the ______. - doctrine of consent - silver platter doctrine - doctrine of chances - open fields doctrine
doctrine of chances
The rule that provides that illegally obtained evidence will be excluded from use in a criminal trial is known as the ...
exclusionary rule
The ____ are those situations that justify a suggestive presentation of a suspect to a witness. - knock and announce events - totality of circumstances - exigent circumstances - knock and notice events
exigent circumstances
What a person willingly reveals to another on the assumption that the other is a friend is thereby revealed to the world if the so-called friend turns out to be no friend at all. This principle is known as the _____ doctrine.
false friend
According to the rules of consciousness of guilt, the usual tendency for a person who has committed a crime is to ______. - flee from the scene - prove their innocence - surrender to the police - avoid defending using an alibi
flee from the scene
In the context of the seizure of a person, when a person is handcuffed and taken to the police station, it is an example of a(n) _____. - formal arrest - consent search - inventory search - informal arrest
formal arrest
The test of determining the adequacy of the opportunity to view the defendant considers factors such as observations _____. - from close range and with fairly good lighting - from a longer range and with low lighting - from a distance with a fairly good natural lighting - from a watch tower
from close range and with fairly good lighting
The independent source doctrine is one of the three exceptions to the ____. - false friend doctrine - silver platter doctrine - fruit of the poisonous tree doctrine - inevitable discovery doctrine
fruit of the poisonous tree doctrine
The ___ is the principle that not only is illegally obtained evidence inadmissible, but any other information derived from the illegally is also inadmissible under the exclusionary rule. - apparent authority doctrine - fruit of the poisonous tree doctrine - false friend doctrine - silver platter doctrine
fruit of the poisonous tree doctrine.
In the context of a consent search, a consent given by a person to an officer allowing the officer to search their property is valid if it was ____. - forcibly given while the person was in police custody - involuntarily given - given with authority over the place or thing to be searched - given with coercion
given with authority over the place or thing to be searched
The ____ exception to the exclusionary rule allows the admission of evidence even if there is some technical defect in the warrant, as long as the executing officer has an objectively reasonable belief that the warrant is valid.
good faith
All that the courts require of the prosecution is a(n) ______ to prove that the accused has committed the misdeed. - exclusionary evidence - deterrence rationale - good faith basis - totality of circumstances
good faith basis
In the context of a probable cause to search, a fair probability that the property subject to being seized by the government is presently in the specific place to be searched ____. - has not been defined by the courts affirmatively - is 50 percent more than a preponderance of the evidence - is defined affirmatively by the U.S. Supreme Court - has been said to be more than a preponderance of the evidence.
has not been defined by the courts affirmatively
According to Federal Rules of Evidence 401, any direct or circumstantial evidence to be introduced must _____. - not meet the requirement of relevance - not be presented through a witness who has personal knowledge about the subject of their testimony - have any tendency to make a fact more or less probable than it would be without the evidence - meet the requirements of due diligence
have any tendency to make a fact more or less probable than it would be without the evidence
The character of the victim usually becomes an issue in cases involving _____. - battery - homicide - misdemeanor - larceny
homicide
The process by which the credibility of a witness is attacked is called _____.
impeachment
The ___ allows the prosecution to use evidence illegally seized from the accused in violation of their Fourth Amendment rights for the limited purpose of impeaching the accused during direct examination of cross-examination. - open fields doctrine - impeachment exception to the exclusionary rule - good faith exception to the exclusionary rule - false friend doctrine
impeachment exception to the exclusionary rule
The ____ allows the prosecution to use evidence illegally seized from the accused in violation of their Fourth Amendment rights for the limited purpose of impeaching the accused during examination or cross-examination. - impeachment exception to the exclusionary rule - open fields doctrine - good faith exception to the exclusionary rule - false friend doctrine
impeachment exception to the exclusionary rule
According to the Supreme Court, an aerial surveillance does not constitute a search if it is conducted _____. - from a fixed-wing airplane flyover at 2,000 feet outside publicly navigable airspace. - from positions outside publicly navigable airspace under Federal Aviation Administration (FAA) regulations - using a helicopter hovering outside publicly navigable airspace. - in a nonobtrusive and nontechnologically enhanced manner within airspace navigable by the public.
in a nonobtrusive and nontechnologically enhanced manner within airspace navigable by the public.
The most important criterion to be met while creating a lineup or photo array is ensuring that it _____. - allows the defendant to stand out from the lineup - enables people to dress in a similar fashion - included multiple photographs of a single person - includes persons matching the defendant's general physical description
includes persons matching the defendant's general physical description
In the context of the types of suggestive identification processes, collaboration between witnesses is likely to ____. - be called a necessary identification procedure - decrease the rate of misidentification - be called an unsuggestive identification procedure - increase the rate of misidentification
increase the rate of misidentification
The ___ holds that if the same information or knowledge is gained through a source independent of the illegality and this fact can be shown by the prosecution, the information can be admissible through this source but not through the illegal search. - silver platter doctrine - independent source doctrine - apparent authority doctrine - false friend doctrine
independent source doctrine.
The facts that indicate the reliability of an identification process are referred to as __________.
indicia of reliability
Most crimes are committed without eyewitnesses, particularly homicide and burglary, so the only means of proving guilt is through the _____. - impeachment of a character witness - introduction of circumstantial evidence - introduction of direct evidence - impeachment of a lay witness
introduction of circumstantial evidence
A well-delineated exception to the search warrant requirement that permits a police officer to inventory the property of a vehicle or person for the protection of the property and the police is known as a(n) _______.
inventory search
The good faith exception the exclusionary rule applies only to cases that ____. - do not involve arrests - do not involve seizures - involve warrants - involve frisks
involve warrants
Repeated encounters between a witness and a suspect or the repeated presentation of images suspect in a single photographic array _____. - is considered to be highly suggestive - must be encouraged by the jury - must be carried out by the peace officer - is considered to be necessary and suggestive
is considered to be highly suggestive
Identify a true statement about the exclusionary rule. - it is a law created to protect the police force. - it was passed in the eighteenth century - it is a court-created law - it deters unlawful conduct by a suspect of a crime.
it is a court-created law.
To avoid the indefinite presentation of character witnesses in a trial, the _____ is likely to limit the number of witnesses after a certain point. - judge - defense attorney - prosecuting attorney - victim
judge
The facts surrounding all identification encounters between suspects and witness should be presented to the _____. - jury - prosecutor - defendant - claimant
jury
When the prosecution asks questions about acts of misconduct by the defendant, the trial judge may require proof that there is a good faith basis for the question and require the prosecution to identify the source of the information along with evidence of the source's reliability. This inquiry by the trial judge is not made in the presence of the _____. - prosecutor - victim - defendant - jury
jury
While viewing photographic spreads and lineups, an officer should _____. - keep the witnesses apart - collect information from only one witness - collect information from many witnesses - keep the witnesses together
keep the witnesses apart
The U.S. Constitution requires that before a peace officer may execute a search warrant by forcibly entering the premises to be searched, the officer must _____. - get the signature of the occupant of the premises on the affidavit - obtain the consent of the residents of neighborhood - knock and announce his or her presence and purpose for entering - tape the warrant on the living room TV screen
knock and announce his or her presence and purpose for entering
The ___ must take appropriate steps to avoid unnecessary and suggestive identifications and document the facts surrounding encounters between a victim and an accused in court. - law enforcement professional - claimant - witness of the crime scene - defendant
law enforcement professional
The prosecution is not permitted to introduce evidence on the character of the defendant because it is _____. - unrelated to the facts of the case - related to the defendant's uncharged misconduct in the past - against the presumption that the defendant is a person of good character - likely to save much trial time
likely to save much trial time
Whether a complete search of a person is effected at the time and place of the arrest or later at the police station is no consequence because the person ____. - loses Miranda rights when they are arrested. - enjoys all fundamental rights even if they are arrested - loses all liberty rights when they are arrested - enjoys individual freedom even if they are arrested
loses all liberty rights when they are arrested
In the context of the methods whereby a search or seizure is generally accepted as reasonable, searches and seizures under the Terry doctrine are examples of searches and seizures _____. - made on less than probable cause - that are highly intrusive - with a valid search warrant - without a reasonable suspicion.
made on less than probable cause
An appellate court should defer to the finding of a ____ because they are in a better position to determine probable cause under the totality of circumstances existing at the time of the application of a search warrant. - defense lawyer - plaintiff - magistrate - peace officer
magistrate
If a peace officer applying for a search warrant believes that a situation requires an entry without knock and announcement, the officer would be wise to seek the approval of a _____ in the issuance of the warrant. - prosecutor - mayor - bailiff - magistrate
magistrate
In order to prove criminality in a case, it is _____. - not necessary to prove that a crime has been committed - not necessary to prove the evidence of identity in the case - mandatory to establish that the defendant was the one who committed the crime - mandatory to prove that there was more than one witness to the crime
mandatory to establish that the defendant was the one who committed the crime
Jonathan, a bank robber, always wears a Halloween mask and blue-colored outfits when committing robberies. This pattern of dressing is considered to be part of Jonathan's ______. - actus rea - modus vivendi - modus operandi - mens rea
modus operandi
When a perpetrator has a distinctive pattern of committing crimes, it is referred to as their ______.
modus operandi
According to Federal Rules of Evidence 609 (a)(2), any conviction that is ____ years old is generally not admissible. - less than seven - more than two - more than ten - less than five
more than ten
A motion to exclude or admit evidence, often made before trial and usually heard out of the presence of the jury, is known as a(n) ______________.
motion in limine
A(n) ____ is the written request to a court, made by a defendant in a criminal case, objecting to illegally obtained evidence. - return of search warrant - indictment - motion to suppress - affidavit
motion to suppress
If a defendant believes that evidence has been illegally obtained by a law enforcement, a(n) ____ must be filled within a set time after the defendant's arraignment. - indictment - motion to suppress - anticipatory warrant - affidavit
motion to suppress
A(n) ____ is that which moves a person to act or explains the reason a person acted. - hearsay - identity - plea - motive
motive
In the context of the issuance of a search warrant, a person who acts as magistrate or judge who can issue the warrant upon application of a law enforcement officer is known as a(n) _____
neutral magistrate
Setting up a ____ between a witness and a suspect as soon as possible is the best way to ensure that time will not be a negative factor. - deterrence rationale - nonsuggestive confrontation - probable cause - motion to suppress
nonsuggestive confrontation
In the context of the relevance of circumstantial evidence, any party in a court trial that keeps testimony or tangible evidence out of court will _____. - reject the results of a balancing test - bring in a new evidence - object to the evidence - bring in a character witness
object to the evidence
Specific laws that usually set the length of time within which a search warrant must be executed state that if a peace officer wishes to make a search after a search warrant has lapsed, they should ____. - apply to renew the lapsed warrant - obtain a new search warrant - use the lapsed warrant with the consent of a prosecutor - appeal to extend the time of the lapsed warrant
obtain a new search warrant
Rape shield laws provide that although evidence of the sexual conduct of the victim arguably has some minimal probative value, such evidence is nonetheless inadmissible because _____. - of its substantial prejudicial effect upon the victim and society's interest in law enforcement - they focus solely on the past crimes committed by the defendant - they fail to prove the bad or good character of the defendant without bias - of its substantial effect upon the defendant and their reputation is the society
of its substantial prejudicial effect upon the victim and society's interest in law enforcement.
A(n) ____ must make a note of all the initial statements expressed by the witness related to the perpetrator's description. - officer - jury - victim - defendant
officer
According to the _______ doctrine, people do not have a legitimate expectation of privacy in open fields, even if law enforcement officers trespass upon private property in order to observe open fields.
open fields
A search warrant may be served only by a _____. - defense lawyer - private citizen - peace officer - public prosecutor
peace officer
In the context of the return of the search warrant, a ____ maintains custody and control of the property seized until the court orders its proper disposition. - prosecutor - defense lawyer - plaintiff - peace officer
peace officer
When a witness testifies at trial and identification of the accused is involved, the witness is _____. - permitted to testify to the fact that the defendant, seated in the courtroom, was the perpetrator. - not permitted to testify to the fact that the defendant, seated in the courtroom, was the perpetrator. - permitted to refer to personal notes on the witness stand even if an attorney does not approach with notes from which to read. - not permitted to testify to the fact that the perpetrator was picked out during the identification procedure before trial.
permitted to testify to the fact that the defendant, seated in the courtroom, was the perpetrator.
For a search incident to lawful arrest (SILA) to be reasonable, the search must be limited to the ____. - small places in the neighborhood that cannot conceal a person - open fields that are within 12 miles from an arrestee's house - person of the arrestee and the area within his or her immediate control - areas where the arrested person used to work
person of the arrestee and the area within his or her immediate control
For a search incident to lawful arrest (SILA) to be reasonable, the search must be limited to the ____. - small places in the neighborhood that cannot conceal a person - person of the arrestee and the area within his or her immediate control - open fields that are within 12 miles from an arrestee's house - areas where the arrested person used to work.
person of the arrestee and the area within his or her immediate control
The ____ doctrine is an extension of the plain view doctrine. - false friend - plain feel - open fields - silver platter
plain feel
The _____ doctrine allows an officer to seize an object during a lawful patdown search, if the object's incriminating nature is immediately apparent, meaning that the officer has probable cause to believe the object is contraband of fruits, instrumentalities, or evidence of a crime.
plain feel
The _____ doctrine is an exception to the requirement of a warrant for a seizure. - false friend - plain view - open fields - silver platter
plain view
The ____, an exception to the search warrant requirement, is intertwined with all of the other methods of conducting a reasonable search. - false friend doctrine - silver platter doctrine - plain view doctrine - open fields doctrine
plain view doctrine
If a witness has been subjected to suggestive inducement to identify the defendant, then the _____. - pretrial identification is likely to be tainted. - defendant is likely to be acquitted. - possibility of misidentification is decreased. - in-court identification is likely to be accurate.
pretrial identification is likely to be tainted.
According to Federal Rules of Evidence 404(b), specific categories of noncharacter use of misconduct evidence other than evidence of other crimes, acts, or wrongs committed by the accused, which are not exclusive or exhaustive, are referred to as _____. - incompetent evidence - prior bad acts evidence - hearsay evidence - immaterial evidence
prior bad acts evidence
The universal rule, exemplified by Federal Rules of Evidence 404(a), generally prohibits the _____. - proof of character at trial - proof of intent at trial - use of direct evidence - use of circumstantial evidence
proof of character at trial
In an impeachment process, the _____ is likely to devalue a character witness's testimony. - trial judge - defendant - chief juror - prosecutor
prosecutor
Police departments have designed standard inventory search procedures for vehicles and other property lawfully in custody to ____. - prevent a search from being conducted pursuant to standard procedures incident to booking and jailing of a person - allow a general, exploratory rummaging in people's belongings - protect the rights against unreasonable searches and seizures guaranteed in the Fourth Amendment - prevent peace officers from seeking some discretion as to which containers in a car will be searched.
protect the rights against unreasonable searches and seizures guaranteed in the Fourth Amendment
Police departments have designed standard inventory search procedures for vehicles and other property lawfully in police custody to _____. - allow a general, explanatory rummaging in people's belongings. - protect the rights against unreasonable searches and seizures guaranteed in the Fourth Amendment. - prevent a search from being conducted pursuant to standard procedures incident to booking and jailing of a person. - prevent peace officers from seeking some discretion as to which containers in a car will be searched.
protect the rights against unreasonable searches and seizures guaranteed in the Fourth Amendment.
A quick and limited search of a premises, incident to an arrest and conducted to protect the safety of police officers or others, is known as a(n) ____. - protective sweep - restitution - inventory search - deposition
protective sweep
Laws that prohibit a person accused of sexual offense from introducing evidence of the sexual background or behavior of the victim are known as _________ laws.
rape shield
Based on search and seizure on less than probable cause, ____ is of a lesser standard than probable cause and does not require as much evidence of criminal wrongdoing as probable cause. - protective sweep - deterrence rationale - reasonable suspicion - motion to suppress evidence
reasonable suspicion
The U.S. Supreme Court laid the foundation for the apparent authority doctrine by stressing the importance of the _____ requirement for search. - deterrence - reasonableness - inadvertence - staleness
reasonableness
Whenever any direct or circumstantial evidence is introduced, it must meet the requirement of _____, which is a showing that an item of evidence has any tendency to prove or disprove a pertinent fact. - clemency - disposition - relevance - recusal
relevance
According to the exclusionary rule, violation of a defendant's Fourth Amendment right makes the _____. - identification procedure highly effective at trial - inventory search declared illegal - search and seizure a cumbersome process - relevant evidence inadmissible at trial
relevant evidence inadmissible at trial
A(n) ___ is a separate document attached to a warrant that gives a list of the property seized in connection with the search and must be returned to the court after the search and seizure has been completed. - anticipatory warrant - indictment - affidavit - return of the search warrant
return of the search warrant
The United States Supreme Court held that the ____ is one of the fundamental rights of the accused. - right to reject a warrant. - right to a lineup. - right to reject a trial. - right to counsel at trial.
right to counsel at trial.
A(n) _____ is one of the well-delineated exceptions to the warrant requirements that permit an officer, without a search warrant and further probable cause, to search the person and certain areas around an arrestee incident to a lawful arrest. - search incident to a lawful arrest - exigent circumstances search - inventory search - motion to suppress evidence
search incident to a lawful arrest
In the context of the staleness doctrine, a Fourth Amendment violation occurs if a _____. - search takes place without the existence of a probable cause. - search warrant is executed seven to ten days after it was issued by a magistrate. - search warrant is issued by a neutral magistrate. - search takes place without the consent of neighbors of the premises to be searched.
search takes place without the existence of a probable cause.
A(n) ____ is a written order, issued in the name of the people, by a neutral and detached magistrate to a peace officer directing the officer to search a particular person or place and to seize specifically described property and bring it before the magistrate.
search warrant
When police officers step into a person's home or other constitutionally protected area to observe something, it is referred to as a(n) ___. - arrest - search -imprisonment - seizure
search.
A(n) ____ occurs when there is some meaningful interference with an individual's possessory interest in their belongings. - seizure of a person - seizure of property - consent search - inventory search
seizure of property
The justifiable use of force to protect oneself from a real or threatened attack is referred to as _______.
self-defense
The delay of more than ____ between the crime and the identification procedure is likely to be considered a negative reliability factor. - three months - seven months - five months - two months
seven months
The fact that the defendant was in a highly emotional state immediately after the murder that they have been accused of committing may be introduced into ______. - use self-defense - defend using an alibi - prove their innocence - show consciousness of guilt
show consciousness of guilt
Evidence of the commission of acts similar to the alleged crime may be admissible to ____. - introduce a character witness - show plan or design - infer the victim's character - indicate a series of similar spontaneous acts
show plan or design
In a homicide case, when the defendant tries to prove that they acted in self-defense and introduces evidence that the deceased was known as a person of violent character in general, the defendant must also _____. - show that they had no personal contact with the victim - prove that they were unaware of the violent character of the victim - prove that the victim had committed no crimes in the past - show that they had knowledge of the victim's violent character
show that they had knowledge of the victim's violent character
In a homicide case, when the defendant tries to prove that they acted in self-defense and introduces evidence that the deceased was known as a person of violent character in general, the defendant must also _____. - show that they had knowledge of the victim's violent character - prove that the victim had committed no crimes in the past - prove that they were unaware of the violent character of the victim - show that they had no personal contact with the victim
show that they had knowledge of the victim's violent character.
The usual practice is that when a search is made pursuant to a search warrant, a peace officer should _____. - tape the warrant on the living room TV screen if the occupant of the premises to be searched is present at the time of the search. - show the original search warrant to the occupant of the premises to be searched. - furnish the occupant of the premises to be searched with a copy of the affidavit ten days after the search. - furnish the occupant of the premises to be searched with a copy of the warrant after the search.
show the original search warrant to the occupant of the premises to be searched.
When a law enforcement officer presents a single person or photograph for identification, it is called a _____. - video array - show-up - lineup - photographic array
show-up
According to the ____ doctrine, state officers who obtained illegally evidence illegally could hand it over to federal officers for prosecution in federal court. - apparent authority - silver platter - independent source - inevitable discovery
silver platter
The ____ doctrine ended with the 1960 United States Supreme Court of Elkins v. United States. - open fields - attenuation - staleness - silver platter
silver platter
According to the _____, a search warrant, once issued, may not be held indefinitely by the officer before the search is made.
staleness doctrine
The right to counsel an illegal search and seizure, or any claimed constitutional or law violation, is referred to as ____. - arraigning - standing - booking - charging
standing.
In the context of search and seizure on less than probable cause, a temporary detention, not amounting to a full-blown arrest, requiring only reasonable suspicion that a particular individual is about to commit, is committing, or has committed a crime is called a ____. - clemency - stop - frisk - disposition
stop.
If the appearance of a photo used in the identification process is substantially different, then the identification is _____. - defensive - suggestive - necessary - legally acceptable
suggestive
In the context of the procedure to obtain a search warrant, whether the information provided in the affidavit is reliable will be determined by a magistrate after ____. - ensuring that the source of the information is not an anonymous telephone call - ensuring that the information is not based on a peace officer's personal observations - taking into account the totality of circumstances surrounding the application for a search warrant - discussing the validity of a search warrant with the prosecution and defense lawyers.
taking into account the totality of circumstances surrounding the application for a search warrant
Usually, a search warrant becomes void if the search is not made within ____ from the time it was issued. - twenty days - three days - ten days - five days
ten days
In the context of the admissibility of crimes, acts, or wrongs other than the charged crime, prior acts that are evidence of a common plan or design are used to prove _____. - the mental element of a crime - the intent of a crime - that the defendant engaged in the conduct for which they are charged - that the character witness testified based on their bias toward the defendant
that the defendant engaged in the conduct for which they are charged
If the police indicate to the witness that they have other evidence that one of the persons pictured committed the crime ____. - the identification process is likely to extend for a longer duration. - the identification process is likely to be successful. - the chance of misidentification is heightened. - the chance of misidentification is likely to decrease.
the chance of misidentification is heightened.
In the context of determining the reliability of suggestive identification, the time interval between ____ is an important factor in assessing the reliability of a witness. - the identification and the imprisonment. - the crime and the prosecution. - the identification and the judgement. - the crime and the identification.
the crime and the identification
The prosecution may present evidence that reflects the state of mind of the deceased when ____. - the defense attorney is experienced at appearing for homicide cases and tries to access the reports made by the prosecuting attorney - a member of the jury impeaches expert witnesses - the defendant has been charged with homicide and when the defense contends that the killing was an accident or was in self-defense - a character witness testifies the defendant's character at court
the defendant has been charged with homicide and when the defense contends that the killing was an accident or was in self-defense
Evidence of other crimes, acts or wrongs committed by the accused can be introduced during a criminal trial if ______. - the judge believes the evidence is particularly necessary to assist the jury in arriving at the truth - the evidence is not part of the current charge - his or her bad character is pertinent to all trial issues - all categories of misconduct evidence are considered relevant even if they are illegal
the judge believes the evidence is particularly necessary to assist the jury in arriving at the truth
Evidence of other crimes, acts, or wrongs committed by the accused can be introduced during a criminal trial if _______. - the judge believes the evidence is particularly necessary to assist the jury in arriving at the truth - the evidence is not part of the current charge - all categories of misconduct evidence are considered relevant even if the they are illegal - his or her bad character to pertinent to all trial issues
the judge believes the evidence is particularly necessary to assist the jury in arriving at the truth
The federal jury instruction defining direct and circumstantial evidence states that ____. - a greater degree of certainty is required of direct evidence than of circumstantial evidence. - the law treats direct and circumstantial evidence differently based on their value - the law makes no distinction between the weight or value to be given to either direct or circumstantial evidence - a greater degree of certainty is required of circumstantial evidence than of direct evidence
the law makes no distinction between the weight or value to be given to either direct or circumstantial evidence.
According to the courts, a witness's identification is more reliable ____. - the longer the length of time between the crime and the lineup - the less detailed the initial description from the witness - the longer the witness's opportunity to view the offender - the less the attention the witness gives the offender at the time of the offense
the longer the witness's opportunity to view the offender.
In the context of determining the reliability of a suggestive identification, the identification process is more reliable when ____. - the time interval between the crime and the identification is shorter - the crime and the identification occur at the same time - the crime and the identification occur at the same location - the time interval between the crime and the identification is longer.
the time interval between the crime and the identification is shorter.
In the context of the night service of a warrant, in 1974, the U.S. Supreme Court held that _____. - Fourth Amendment requires that warrants may be served only at night upon a showing of special circumstances. - states must have restrictions upon nighttime execution of search warrants. - there is no Fourth Amendment requirements that warrants may be served only at night upon a showing of special circumstances. - states must not have any kind of restrictions upon nighttime execution of search warrants.
there is no Fourth Amendment requirements that warrants may be served only at night upon a showing of special circumstances.
If the composition of a lineup focuses the attention of the witness on a particular suspect, the trial court will have to decide the effect under the ____ test. - motion to suppress - deterrence rationale - probable cause - totality of the circumstances
totality of the circumstances
In the context of a search warrant, the ____ is the test for probable cause and is fluid concept based on nontechnical, common-sense considerations. - motion to suppress evidence - totality of the circumstances - Escobedo test - Innis test
totality of the circumstances
When a defendant raises a question about the suggestiveness of a pretrial identification procedure, the ____ must first determine if the identification procedure was unnecessary and suggestive. - trial court - district court - Supreme court - appellate court
trial court
A rule on the number of witnesses needed to show the defendant's good or bad character is that the ______. - trial judge will require a minimum of seven witnesses to prove the good or bad character - trial judge will allow a reasonable number of witnesses on both sides - jury will give no weight to the testimony of character witnesses - jury will always allow a maximum of three witnesses from the prosecution
trial judge will allow a reasonable number of witnesses on both sides
If an officer requires a suspect as well as the others to wear the same disguise for the identification process, it is ____. - likely to be viewed as unnecessary - likely to be viewed as illegal - unlikely to viewed as legal - unlikely to be viewed as suggestive
unlikely to be viewed as suggestive
A feature of a search warrant is that it is issued _____. - to confiscate and resell the properties of a suspect - upon probable cause - to the police to ensure the validity of a suspect's arrest - in the name of a peace officer
upon probable cause
The impeachment exception to the exclusionary rule is justified on the grounds that ____. - judges cannot be accomplices to illegality by allowing the introduction of illegally obtained evidence. - it is necessary to exclude the evidence fruits of illegal police conduct from evidence at trial. - evidence can be admissible at trial even if there is some technical defect in a search warrant. - using illegally seized evidence to impeach a defendant's false testimony aids in the determination of oath.
using illegally seized evidence to impeach a defendant's false testimony aids in the determination of oath.
The impeachment exception to the exclusionary rule is justified on the grounds that ____. - it is necessary to exclude the evidentiary fruits of illegal police conduct from evidence at trial. - evidence can be admissible at trial even if there is some technical defect in a search warrant. - using illegally seized evidence to impeach a defendant's false testimony aids in the determination of truth. - judges cannot be accomplices to illegality by allowing the introduction of illegally obtained evidence.
using illegally seized evidence to impeach defendant's false testimony aids in the determination of truth.
A well-delineated exception to the search warrant requirement by which an officer may search the interior of a vehicle if they have probable cause to believe that the vehicle contains contraband or fruits, instrumentalities, or evidence of a crime is known as the _____.
vehicle exception
In the case of Stovall v. Denno, the U.S. Supreme Court held that a pre- or post-indictment identification procedure that is unnecessarily suggestive and conducive to irreparable mistaken identification _____. - violates the due process rights of an accused - grants the defendant's right to an attorney - violates the defendant's right to an attorney - grants the due process rights to an accused
violates the due process rights of an accused
The reference to the exclusionary rule, singular, should be taken to refer to the rule that excludes evidence in a criminal case because of ____. - the lack of police officers to conduct investigation - the lack of custodial interrogation of criminals - reasonable searches and seizures - violations of any of a citizen's rights
violations of any of a citizen's rights
The U.S. Supreme Court held that if the government gains information that a citizen has knowingly exposed to the public, then the use of an enhancement device ____. - will not violate the Fourth Amendment to the U.S. Constitution - violates the Tenth Amendment to the U.S. Constitution - violates the Fourth Amendment to the U.S. Constitution - will trigger issues under the Tenth Amendment to the U.S. Constitution
will not violate the Fourth Amendment to the U.S. Constitution.
In the case of Katz v. United States, the U.S. Supreme Court allowed a search to occur ____. - in the presence of a private citizen - in the absence of a peace officer - exclusively by involving a physical intrusion - without a physical entry
without a physical entry
In the context of pretrial identification, a _____ is permitted to testify to the fact that the perpetrator was picked out during the identification procedure before trial. - defendant - plaintiff - witness - claimant
witness
