Q&A Hero

Question

Case 9.2
Police respond to a third party 911 call and arrive at the scene of domestic violence homicide. Police find the victim underneath his pickup truck, apparently run over. On scene, the man's wife, blurts out that she could not take his physical abuse and drinking any more. She then says "I didn't mean to hurt him I just wanted to get away." The wife has multiple new and old bruises on her body which she claims were from the husband repeatedly beating her while threatening to kill her.

Witnesses report that they heard the two fighting and witnessed the husband trying to grab the wife as she ran outside. They observed the wife get into the pickup truck and heard the husband screaming that he wouldn't let her go as he stood in front of the pickup. Witnesses report that the wife drove the truck over the husband and then backed up. They further state that the wife called someone the phone and said "it's done." Witnesses also tell police that the wife has been seeing another man on the side and that the other man had been with the wife just an hour before the husband/victim had gotten home.

Police interview the wife, who claims that she dialed 911 but hung up the phone by accident, because she was in a panic. Police ask the wife to show them her phone but she refuses. Police check with the dispatch center and fine only one call and that was the one from the witness.

Police arrest the wife for the murder of her husband and transport her to police headquarters for processing. She is searched incident to arrest and her phone is taken into evidence. Police also search the house for additional evidence. While being transported to headquarters the wife changes her story several times claiming that her husband was screaming that he was going to kill her. Her changing statements are recorded by the in car video system.

If police initially search the defendant's phone without a search warrant can the police still introduce the record of the phone calls made from the phone on the day of the murder?
a. Yes, as there is no expectation of privacy in ones cell phone, so the police would not need a warrant to review the contents or records.
b. No, as the fourth amendment strictly prohibits warrantless search without exception.
c. Under the Inevitable Discovery Rule, the evidence could be introduced at trial if the prosecution can show that the evidence would have ultimately been obtained anyway through other proper investigative procedures.
d. No, as the police would have needed a wire-tap warrant to listen in on the conversation.

Answer

This answer is hidden. It contains 58 characters.

Related questions

Q: What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
Q: If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
Q: The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
Q: In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
Q: The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
Q: The Star Chamber trials are among the most infamous in English history. a. True b. False
Q: Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay. a. True b. False
Q: The 1603 trial of William Penn sparked interest in reforming the law of hearsay. a. True b. False
Q: Exceptions to the law of hearsay evidence tend to be simple and straight forward. a. True b. False
Q: What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
Q: What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
Q: The privilege against self-incrimination applies only to testimonial or _____________ evidence.
Q: The president of the U.S. has no privilege with regard to confidential communications with top advisors. a. True b. False
Q: Every jurisdiction recognizes a parent"child privilege. a. True b. False
Q: The attorney"client privilege was not recognized at common law. a. True b. False
Q: Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law", a. scientific b. conceptual c. proven d. absolute
Q: About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions. a. one-quarter b. one-third c. half d. two-thirds
Q: An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused. a. administrative b. judicial c. prosecutorial d. absolute
Q: The marital privilege _____. a. was not recognized at common law b. is not recognized in federal courts c. is recognized in about half the states d. is recognized in all jurisdictions
Q: The oldest application of judicial notice is for _____. a. matters generally known within the community or state b. principles that are generally accepted by reputable scientists c. the identity of defendants d. published official records
Q: Judicial notice is permitted _____. a. in all jurisdictions except the federal courts b. in the federal courts but not state courts c. in a majority of jurisdictions d. in all jurisdictions
Q: Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____. a. psychologist b. biologist c. engineer d. forensic scientist
Q: For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence. a. Ginsburg b. Alito c. Connor d. Frye
Q: Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt. a. RFD b. RSVP c. HMS d. HGN
Q: In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence. a. 402 b. 502 c. 602 d. 702
Q: Prior to the Supreme Court's Daubert decision, federal courts used a _____ test. a. general acceptance b. conditional relevance c. contingent admissibility d. consistency and reliability
Q: If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques. a. hearsay exceptions b. judicial notice c. positive objections d. conditional acceptance
Q: Circumstantial evidence is evidence that proves a fact in issue _____. a. indirectly or by inference b. directly by eyewitness testimony c. only by the use of presumptions d. by contradicting other evidence
Q: Proof is demonstrated by _____. a. evidence b. deductions c. inductions d. jury instructions
Q: The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt. a. True b. False

Subjects

Accounting Anthropology Archaeology Art History Banking Biology & Life Science Business Business Communication Business Development Business Ethics Business Law Chemistry Communication Computer Science Counseling Criminal Law Curriculum & Instruction Design Earth Science Economic Education Engineering Finance History & Theory Humanities Human Resource International Business Investments & Securities Journalism Law Management Marketing Medicine Medicine & Health Science Nursing Philosophy Physic Psychology Real Estate Science Social Science Sociology Special Education Speech Visual Arts