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Q:
If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the _____ exception to the exclusionary rule.
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
Q:
According to the Supreme Court in Michigan v. Sitz, involving sobriety checkpoints, detaining a car briefly at a sobriety check point:
a. is not a stop.
b. is a stop, but it is not covered by the Fourth Amendment.
c. is a stop to which the Fourth Amendment applies.
d. requires probable cause to think that someone in the car has committed a crime.
Q:
Evidence obtained in violation of Miranda is generally treated differently than evidence obtained from other violations in that _____.
a. the exclusionary rule does not apply to the statement obtained in violation of Miranda. .
b. statements obtained in violation of Miranda must be excluded in federal courts but not in state courts.
c. statements obtained in violation of Miranda must be excluded in state courts but not in federal courts.
d. the fruit of the poisonous tree doctrine does not apply to physical evidence obtained from Miranda violations.
Q:
According to the Supreme Court's opinion in U.S. v. Montoya de Hernandez, involving the detention of a traveler at the border, the standard of evidence necessary to detain a traveler at the border, beyond the scope of a routine custom search and inspection is:
a. probable cause.
b. no evidence at all, the Fourth Amendment does not apply at the border.
c. a clear indication of illegal activity.
d. reasonable suspicion.
Q:
Under which circumstance would the exclusionary rule be applied?
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
Q:
According to the Supreme Court in U.S. v. Montoya de Hernandez, involving a detention at the border for drug investigation:a. even routine customs searches at the border require reasonable suspicion.b. any detention at the border that lasts more than 15 minutes is unreasonable.c. detention beyond the scope of a routine customs search and inspection is always unreasonable.d. the Fourth Amendment's balance of reasonableness is qualitatively different at the international border than in the interior of the country.
Q:
The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the _____ doctrine.
a. dissipation of taint
b. attenuation
c. fruit of the poisonous tree
d. inevitable discovery
Q:
The federal exclusionary rule has become very complex since the 1961 _____ case.
a. Mapp v. Ohio.
b. Weeks v. U.S.
c. Miranda v. Arizona.
d. Settles v. Arkansas.
Q:
In Maryland v. Wilson, the case where police removed and detained a passenger from a lawfully stopped vehicle, the Supreme Court held:
a. that the officer's ordering the passenger out of the car was an unreasonable seizure.
b. that the practice of ordering all drivers and passengers stopped in traffic stops out of their vehicles as a matter of course was reasonable.
c. that the officer's ordering him out of the car was too great an intrusion into the driver's liberty.
d. that they must have articulable suspicion of danger to order the passenger out of the vehicle.
Q:
According to the Supreme Court opinion in U.S. v. Sharpe, concerning a determination of how long police officers can detain suspects during lawful stops:
a. a "bright line" rule of one hour is used to determine whether an investigative detention is reasonable.
b. Any stop more than twenty minutes, without an arrest, is unreasonable.
c. Officers can detain suspects, without arresting them, for twelve hours.
d. In evaluating whether an investigative stop is unreasonable, a flexible approach using common sense and ordinary experience must govern.
Q:
The U.S. Supreme Court made the exclusionary rule binding on the states in _____.
a. 1902
b. 1914
c. 1961
d. 2000
Q:
According to Michigan v. Sitz(1990), do DWI roadblocks constitute unlawful stops?a. Yes, they are unlawful stops unless the individual stopped has already demonstrated some subjective symptoms of driving while under the influence.b. No, they are not unlawful as long as the police have a warrant to search "˜all vehicles' suspected of DWI suspects.c. Yes, they are unlawful based on the Fourth Amendment "˜unreasonable" test.d. No, they are not unlawful because there is a compelling interest related to public safety.
Q:
The U.S. Supreme Court made the exclusionary rule mandatory in federal courts in _____.
a. 1821
b. 1902
c. 1914
d. 1961
Q:
In U.S. v. Sokolow, involving the stop of a suspected drug smuggler based on a "drug courier profile," the Supreme Court held that:a. drug courier profiles are unconstitutionalb. drug courier profiles must be supported by a showing of probable causec. some of the reasonable suspicion can be based on a drug courier profile as long as the totality of circumstances supports such suspiciond. reasonable suspicion is always supported if a suspect falls within a drug courier profile
Q:
The primary justification for the exclusionary rule is _____.
a. discouraging or deterring police misconduct
b. ensuring judicial discretion
c. helping innocent defendants avoid conviction
d. helping guilty defendants avoid conviction
Q:
Categorical suspicion:
a. can be sufficient in itself to amount to reasonable suspicion
b. can be sufficient as long as the category in which the suspect falls is not based on race or ethnicity
c. can be one of the factors in the entire picture of reasonable suspicion
d. is sufficient in itself if officers can establish the stop occurred in a high crime area
Q:
Describe the "Excited Utterance Exception" and the reason for the exception to non-testimonial evidence.
Q:
Discuss the issue of forensic analysts' reports and expert opinions in relation to testimony being admissible by analysts who did not actually conduct the laboratory analysis themselves. What do you see as possible issues with this being permitted?
Q:
If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?
a. No, they can never seize evidence unless they in fact know what the item is in advance.
b. Yes, but only if the person consents to the removal of the objects.
c. No, the officer can only seize the item if it was in fact a weapon.
d. Yes, under the "˜plain feel" doctrine, the officer can seize the item.
Q:
Describe the "Forfeiture by Wrongdoing" doctrine.
Q:
Which of the following circumstances have been found sufficient by themselves to amount to reasonable suspicion?
a. A driver double-parked within ten feet of a pedestrian in a drug trafficking area.
b. A passenger leaving an airplane appeared nervous in the presence of officers.
c. A driver failed to look at a patrol car late at night.
d. At 2:15 a.m., a person approached an officer in his police vehicle in a high crime area and told him that a person seated in a nearby car had illegal drugs and a gun at his waist.
Q:
What is the primary purpose of Police Interrogation?
Q:
Reasonable suspicion needed to make a stop:
a. requires more than probable cause.
b. requires a preponderance of the evidence.
c. requires only a hunch.
d. requires some minimum level of objective justification.
Q:
In Florida v J.L. (2000), what did the court decide with regards to an anonymous tip regarding a man with a gun?a. That the informant would have to identify themselves before the police could act.b. That a stop and frisk was justified in the interests of public safety.c. That an anonymous tip lacking any indications of reliability does not justify a stop and frisk, even though it did allege the illegal possession of a firearm.d. That as long as the police could verify the information, it a stop and frisk would be permissible.
Q:
Hearsay rules have been relaxed for children for several purposes. Discuss the factors that relate to the reliability of children's statements. Do you believe there are victims, besides the children, because of the exceptions in child abuse cases? Why or why not? What might be the pitfalls of this exception? (LO6, 205-206)
Q:
Explain and discuss how exceptions to the hearsay rule endanger the Sixth Amendment right to confrontation. Be sure to provide examples.
Q:
As per Maryland v. Wilson (1997), police officers who have effected a traffic stop can choose to remove _______from the stopped vehicle to maximize personal safety.a. driversb. animalsc. passengersd. weapons
Q:
What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.
Q:
Which of the following will not support stopping vehicles at a roadblock?
a. Driver's license and vehicle safety checks
b. General checks to see if drivers may be committing any crime
c. Sobriety checkpoints
d. Agricultural inspection stops
Q:
Explain and discuss how Crawford v. Washington (2004) made major changes in the law. Explain why you agree or disagree with the decision.
Q:
Which of the following is not a seizure?
a. chasing a fleeing suspect who gets away
b. arresting someone
c. physically grabbing someone to check suspicion
d. using such a show of force that a reasonable person does not leave
Q:
A long delay in reporting a sexual assault could be a factor considered by a jury in determining whether there was _____to the sexual act.
Q:
Which of the following constitutes a stop?
a. A person approaches an officer and says, "I saw a man run out of that building with a knife dripping blood."
b. Police approach a person and ask, "Did you just leave that building?"
c. A person walks up to an officer and volunteers, "I just killed my enemy."
d. Officers investigating a robbery that just happened approach a person who fits the description given by the victim, asking who they are where they were at the time of the crime.
Q:
According to the Supreme Court opinion in Terry v. Ohio, a stop justified at its beginning can:
a. be justified on mere hunches alone.
b. only be done for violent crimes.
c. become unjustified by being too extensive in scope.
d. have any scope the stopping officer wants.
Q:
A person admitting the commission of a crime is making a statement against _____.
Q:
Modern _____exceptions occur frequently in child sexual abuse cases.
Q:
Which of the following activities can NOT be conducted as a matter of routine at an international border stop?a. Dog sniffb. Cavity search c. Pocket check d. Wallet search
Q:
To qualify for the hearsay exception for ancient documents, the document must be over _____ years old.
Q:
A proper "frisk" under the stopandfrisk rules established by Terry v. Ohio:a. is limited to a patdown of the suspect's outer clothing unless something that could be a weapon is felt during the pat-down.b. may not be conducted unless there is no doubt in the mind of the officer that the suspect has a weapon.c. may include a search of an area within 100 yards of the suspect if the pat-down results in the feeling of an object which could be a weapon.d. may not even extend to a pat-down unless the officer has probable cause to believe the suspect has a weapon.
Q:
According to the Supreme Court opinion in Terry v. Ohioinvolving the stop and frisk of a citizen on the street to investigate a robbery:a. a stop is conduct outside the purview of the Fourth Amendment because the action does not rise to the level of a seizure.b. whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.c. a stop is not a serious intrusion upon the sanctity of the person and may be taken lightly.d. the personal security and privacy of the individual always outweighs the government's interests in detecting crime.
Q:
The dying declarations exception requires that the declarant be dead or otherwise_____ at the time of trial.
Q:
Statements to physicians are an exception to the hearsay rule only if made by the patient for purposes of treatment or _____.
Q:
According to the Supreme Court opinion in Terry v. Ohio, involving a police stop and frisk of a citizen on a street to investigate a possible robbery:
a. in dealing with dangerous situations on city streets, police need an escalating set of flexible responses.
b. police cannot stop citizens without probable cause to believe that crime is afoot.
c. in any instance where the police can stop someone, they can also frisk that person.
d. police cannot stop citizens without clear and convincing evidence that crime is afoot.
Q:
The Supreme Court has adopted which of the following readings of the Fourth Amendment regarding stops and frisks? The Fourth Amendment:
a. protects only full arrests and searches.
b. equates stops and arrests.
c. equates frisks and searches.
d. requires a lesser quantum of proof or suspicion for stop than for arrest.
Q:
There is a hearsay exception for statements about "_____" mental, emotional, or physical conditions.
Q:
The _____ Rules of Evidence list multiple exceptions to the exclusionary rule.
Q:
The balancing approach to reasonableness:
a. requires courts to weigh the degree of intrusion against the government's need for the intrusion.
b. prohibits the police from making intrusions simply to prevent crimes that may happen.
c. does not require the court to weigh the degree of intrusion so long as there is a factual foundation for it.
d. does not require a factual foundation to support stops involving serious crimes.
Q:
Reid v. Georgia (1980) ruled that:a. the drug courier profile by itself cannot amount to reasonable suspicion.b. illegal alien status is, by itself, enough to amount to reasonable suspicion.c. travelling from a known drug-trafficking county is, by itself, enough to amount to reasonable suspicion.d. as long as the DEA has 7 primary and 4 secondary characteristics as part of its drug courier profile, that is enough to amount to reasonable suspicion.
Q:
Ohio v. Roberts is still apparently good law if the hearsay statement involved is not _____.
Q:
There is a hearsay exception for dying _____.
Q:
The Supreme Court balancing approach to stop and frisk requires weighing:a. individual privacy rights and the value of controlling crime.b. Fourth Amendment rights and Fifth Amendment rights. c. efficient use of police resources and individual liberty. d. public opinion about crime and privacy rights.
Q:
Which of the following is considered a type of hearsay information?
a. Statements by fellow officers
b. Resisting an officer
c. Contradictory answers
d. Hiding
Q:
Traditionally, hearsay exceptions have been allowed only when the statement has some indicia of _____.
Q:
The first question to ask in Fourth Amendment cases is whether the:
a. officer action was a stop and frisk.
b. officer action was unreasonable.
c. fruit of the police action (what is obtained from its action) should be excluded.
d. police were investigating a serious crime.
Q:
There is a hearsay exception for regularly kept businesses _____.
Q:
Until the 1960s, the U.S. Supreme Court followed the ____________________, which says the warrant and reasonableness clauses are firmly connected.a. reasonableness Fourth Amendment approachb. conventional Fourth Amendment approach c. subjective Fourth Amendment approachd. objective doctrine of the Fourth Amendment
Q:
Hearsay exceptions utilized by the government threaten values protected by the Sixth Amendment's _____ Clause.
Q:
There is a hearsay exception for _____ utterances.
Q:
The objective basis for stops and frisks is:a. the same as for arrests. b. higher than for arrests. c. lower than for arrests.d. the same as for full searches of a person.
Q:
Identify the two conditions that can turn an encounter with the police into a Fourth Amendment seizure.
Q:
In 2004, the U.S. Supreme Court decision in _____ v. Washington made major changes in the law of hearsay and the confrontation clause.
Q:
Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes.
Q:
Police interrogations can produce both testimonial and non-testimonial evidence.
a. True
b. False
Q:
Why is there no reasonable expectation of privacy in open fields? Why does the open fields doctrine apply even when owners post a "No Trespassing" sign?
Q:
The Confrontation Clause requires that states create exceptions to the hearsay rule.
a. True
b. False
Q:
Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.
Q:
The common law hearsay rule and exceptions to the hearsay rule were initially created to comply with Confrontation Clause requirements.
a. True
b. False
Q:
Dying declarations may be excited utterances and thus potentially admissible under two exceptions to the hearsay rule.
a. True
b. False
Q:
Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.
Q:
The dying declarations exception to the hearsay rule has been justified on the basis of public necessity. statements against penal interest.
a. True
b. False
Q:
The right of citizens to come and go as they please is called _______________.
Q:
When a police officer grabs a citizen with the intent to stop that person, that is called a(n) _________.
Q:
Common law recognized the dying declarations exception to the hearsay rule.
a. True
b. False
Q:
For Fourth Amendment purposes, privately owned land not in included within the area immediately surrounding the home is called ________.
Q:
In Chambers v. Mississippi (1973), the Supreme Court held that a state may not use the hearsay rule to deprive defendants in criminal cases of reliable and important evidence.
a. True
b. False
Q:
The concept that a search requires a physical invasion into a constitutionally protected area is called the ______doctrine.
Q:
The hearsay exception specifically for statements by child sexual abuse victims existed at common law.
a. True
b. False
Q:
A defense witness states that he heard a person other than the defendant admit to the crime. This statement could be admissible under the exception for statements against penal interest.
a. True
b. False
Q:
Looking through abandoned property is not a Fourth Amendment search. For property to be considered abandoned, there must be _______to throw the property away and acts that prove this.
Q:
The Confrontation Clause applies in civil cases.
a. True
b. False