quiz

Question 4 10 pts
Identify and discuss two exigent (emergency) circumstances mentioned in the text or my audio lecture which allow law enforcement officers to enter a home, without a warrant, to search or arrest someone.
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Question 5 3 pts
The exclusionary rule is only applicable when the police obtain evidence in violation of the rights guaranteed by the Fourth Amendment, to be free from unreasonable searches and seizures.
Group of answer choices

True

False

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Question 6 3 pts
The independent source doctrine allows the police to illegally obtain information and still have it admitted into evidence as long as the same information was also gained through another independent source.
Group of answer choices

True

False

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Question 7 3 pts
The inevitable-discovery exception applies if the police would have inevitably discovered the information within a fixed amount of time.
Group of answer choices

True

False

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Question 8 3 pts
A search warrant is a judge’s order to a police officer to search a particular person or place.
Group of answer choices

True

False

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Question 9 3 pts
Police must always knock and announce their presence before entering a building to execute a search warrant.
Group of answer choices

True

False

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Question 10 3 pts
Even though the use of a single photograph or show-up is highly suggestive, the court may justify its use in certain emergency or exigent circumstances.
Group of answer choices

True

False

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Question 11 3 pts
Although a long interval between the crime and the identification can be a serious negative factor against a reliable identification it is usually not enough to invalidate an otherwise reliable identification.
Group of answer choices

True

False

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Question 12 3 pts
An officer should tell a witness that the photo array or lineup includes a defendant already in custody in order to facilitate a witness’s choice.
Group of answer choices

True

False

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Question 13 3 pts
Motive and intent are the same thing.
Group of answer choices

True

False

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Question 14 3 pts
Evidence may be determined to be relevant but not admissible.
Group of answer choices

True

False

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Question 15 3 pts
Rape shield laws are designed to prevent the defense from introducing evidence concerning the character of the victim of a sexual assault.
Group of answer choices

True

False

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Question 16 3 pts
When a party claims that a document has been destroyed that party may offer secondary evidence as to the contents of that document as long as it can be shown that the document was not destroyed intentionally.
Group of answer choices

True

False

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Question 17 3 pts
The Jencks Act only deals with the right of the defendant to discover statements made by a government witness.
Group of answer choices

True

False

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Question 18 3 pts
In a criminal trial, the burden of authentication normally falls on the police officer because he or she can connect the object to the crime and the defendant.
Group of answer choices

True

False

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Question 19 3 pts
Evidence is only admitted at trial if the judge accepts it as evidence and opposing counsel does not object or the objection is overruled.
Group of answer choices

True

False

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Question 20 3 pts
An evidence tag is only placed on evidence which has to go to the laboratory for forensic testing.
Group of answer choices

True

False

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Question 21 3 pts
The jurors are rarely allowed to hold and inspect physical evidence.
Group of answer choices

True

False

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Question 22 3 pts
There is no presumption that a photograph or recording is an accurate depiction of the scene contained within it.
Group of answer choices

True

False

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Question 23 3 pts
Relevant photographs, despite their gruesomeness and potential for prejudice generally will be admitted when they tend to prove the cause-of-death of a victim.
Group of answer choices

True

False

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Question 24 3 pts
When an identification card is placed in the scene photographed or videotaped it should be clearly marked with the officer’s name, the nature of the crime, date, time, and case number, and placed conspicuously in the scene so the jury can clearly discern it is not part of the crime scene.
Group of answer choices

True

False

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Question 25 3 pts
When the judge sustains an objection, the witness is prohibited from answering the question posed.
Group of answer choices

True

False

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Question 26 3 pts
The witness’s role is to tell whatever he or she knows about the facts that are favorable to the party who called the witness.
Group of answer choices

True

False

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Question 27 3 pts
If an officer is put on-call to testify, he or she may not need to personally appear in court.
Group of answer choices

True

False

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Question 28 3 pts
Necessary arrangements should be made with the trial attorney if the officer is going on vacation, or is scheduled to work during the trial.
Group of answer choices

True

False

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Question 29 3 pts
The officer may be responsible for the introduction of physical evidence, and should prepare it for proper presentation.
Group of answer choices

True

False

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Question 30 3 pts
The witness will be permitted to answer the question posed by the attorney if the judge overrules an objection.
Group of answer choices

True

False

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Question 31 3 pts
If the witnesses have been excluded from the courtroom and the officer goes into the courtroom and sits down, the judge may determine that the officer’s act is cause for a mistrial.
Group of answer choices

True

False

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Question 32 3 pts
Officers should not mention the criminal record or prior conviction of the defendant unless that point has been directly asked.
Group of answer choices

True

False

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Question 33 3 pts
If the officer uses a pocket notebook containing notes to refresh his or her memory, the defense attorney may look through the entire notebook, even if it contains the officer’s personal information.
Group of answer choices

True

False

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Question 34 3 pts
If the defense attorney asks an obviously absurd question, the officer should give an equally absurd or curt response.
Group of answer choices

True

False

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Question 35 3 pts
Which one of the following is not an exception to the fruit of the poisonous tree doctrine?
Group of answer choices

Silver platter doctrine

Inevitable discovery exception

Independent source doctrine

Attenuation doctrine

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Question 36 3 pts
Which of the following is not a method by which an officer may search a vehicle without a search warrant
Group of answer choices

The protective sweep exception.

A search incident to a lawful arrest.

The vehicle exception.

The inventory search.

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Question 37 3 pts
Which of the following is not true about consent searches?
Group of answer choices

It is an exception to the warrant requirement of the Fourth Amendment.

Officers still need justification to search someone, even if they give consent.

Consent must be voluntarily given.

It is an exception to the probable cause requirement.

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Question 38 3 pts
The Fourth Amendment to the U. S. Constitution provides a prohibition against unreasonable searches and seizures. This prevents:
Group of answer choices

none of these is a good answer

the use of evidence against a suspect when the evidence has been unlawfully seized

any warrantless search

a defendant from being forced to testify against himself

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Question 39 3 pts
The best example of when an identification procedure may be unnecessarily suggestive is when
Group of answer choices

A six-pack photo array consists of five Asians and one African-American.

A lineup consists of similarly looking people fitting the defendants physical characteristics.

A police brings a suspect face-to-face with a witness to be identified.

A witness is critically injured in a hospital and a suspect is brought to the hospital to be identified.

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Question 40 3 pts
All of the following may be factors in determining reliability based on the witness’s opportunity to view the criminal at the time of the crime EXCEPT
Group of answer choices

Whether the witness viewed the criminal for at least one minute.

Distance in which the witness stood to the criminal.

Frequency the witness saw an accused.

Duration of time.

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Question 41 3 pts
Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will
Group of answer choices

Automatically reverse the conviction.

Automatically order a new trial.

First give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.

First give the government the opportunity to establish by clear and convincing evidence that the pretrial lineup was not unnecessarily suggestive.

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Question 42 3 pts
Which of the following is not among the three basic types of identification procedures?
Group of answer choices

Lineups.

Show-ups.

Voice identification.

Photographic array.

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Question 43 3 pts
The modern character evidence rule states that evidence of a person’s character or trait of character:
Group of answer choices

is not admissible for the purpose of proving that the defendant acted in conformity of previous occasions.

is admissible only if the judge determines that the probative value is outweighs any prejudicial effect.

is admissible for the purpose of proving action in conformity therewith on a particular occasion.

character evidence is admissible as long as it is reliable.

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Question 44 3 pts
Mens rea refers to what particular aspect of a crime?
Group of answer choices

motive for committing a particular act

the physical act causing a particular result

mental state of the defendant

planning and preparation

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Question 45 3 pts
Secondary evidence of the contents of a writing may not be introduced in which situation?
Group of answer choices

When the original writing has been intentionally destroyed by the party seeking to introduce the secondary evidence.

When the original writing is in the possession of an adverse party and after a notice to produce, the adverse party fails to do so .

When the original writing relates to a collateral matter.

When the original writing is in the custody of a public officer.

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Question 46 3 pts
Which of the following is not an example of a Public Document?
Group of answer choices

Answering machine messages.

Birth certificates.

Driver’s licenses.

Judicial records.

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Question 47 3 pts
A document may be entered into evidence after the party introducing the document has satisfied which of the following?
Group of answer choices

The document is authentic.

The document was acquired without violating the defendant’s constitutional rights.

The document’s authentication and relevancy to the issues of the case.

The document is attributable to the defendant.

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Question 48 3 pts
The Best Evidence rule applies to which of the following types of evidence?
Group of answer choices

Oral statements made by the defendant.

Authentic documents.

Hearsay testimony.

Writings, recordings, and photographs.

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Question 49 3 pts
Which of the following types of evidence may not be included in the defendant’s right of discovery?
Group of answer choices

Evidence presented at defendant’s preliminary hearing.

Photographs of the defendant shown to the victim of a crime for identification purposes.

Officer’s original investigative notes.

Scientific reports.

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Question 50 3 pts
When is the disclosure of an informer’s identity required ?
Group of answer choices

When the informer is a material witness as to the defendant’s guilt or innocence.

Always.

Never.

When the informer is a material witness on a relevant issue at trial.

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Question 51 3 pts
Brady material is defined as:
Group of answer choices

Material favorable to the defense, tending to clear a defendant of alleged guilt.

Material favorable to the prosecution, tending to establish a defendant’s guilt.

Material favorable to the defense, in the possession of the prosecution, that may be withheld from the defense.

Material favorable to the defense, in the possession of the prosecution, that must be disclosed to the defense.

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Question 52 3 pts
Exculpatory evidence is defined as:
Group of answer choices

Evidence favorable to the defense, in the possession of the prosecution, that must be disclosed to the defense.

Evidence favorable to the prosecution, tending to establish a defendant’s guilt.

Evidence favorable to the defense, tending to clear a defendant of alleged guilt.

Evidence favorable to the defense, in the possession of the prosecution, that may be withheld from the defense.

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Question 53 3 pts
A law enforcement officer is advised to exercise caution in making the decision to destroy original investigative notes in which of the following situations?
Group of answer choices

When the notes record defendant or witness statements.

When there is no departmental policy mandating the destruction of original notes.

All situations, original notes should be made accessible to the defense.

When the notes concern surveillance matters.

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Question 54 3 pts
Which of the following is an example of self-authenticating evidence?
Group of answer choices

A magazine.

A diary entry.

A certified copy of a public record.

A newspaper.

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Question 55 3 pts
What is the reason for accounting for an object’s whereabouts from first discovery to trial?
Group of answer choices

In order to establish that the object was used by the defendant to commit the crime.

In order to establish that the object was not altered or tampered with.

In order to establish that the evidence was not planted.

So that the defendant can not gain access to it.

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Question 56 3 pts
All of the following may appear on a property control officer’s log except
Group of answer choices

The name of the officer who entered the evidence storage area.

The name of the judge assigned to the case.

The name of the officer who retrieved a particular item.

The location of the item in the storage area.

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Question 57 3 pts
Today, which of the following does the prosecution rely most heavily upon in proving a defendant’s guilt?
Group of answer choices

The defendant’s reputation.

The defendant’s character.

The “story.”

The scientific results of evidence, such as the DNA or type of blood found on a weapon.

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Question 58 3 pts
When is a posed or reconstructed scene likely to be admissible?
Group of answer choices

when only relative positions or locations of objects in a crime scene are of importance.

when it portrays a version of the facts supported by the proponent’s witness’s testimony.

never.

when the photograph or the video recording could not have been taken before alterations were made in the crime scene.

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Question 59 3 pts
Which type of witness can authenticate a photograph or recording?
Group of answer choices

only the person who took the photograph or recorded the conversation .

a witness who can testify that he or she recognizes the scene depicted or the sounds reproduced, and the reproduction is true and accurate.

any witness.

only a prosecution witness.

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Question 60 3 pts
All of the following are examples of photographic evidence except
Group of answer choices

X-ray films.

electric light magnetic optical (ELMO).

lie-detector printouts.

motion pictures.

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Question 61 3 pts
When an objection is made by the prosecuting attorney to a question asked by the defense attorney, the officer should:
Group of answer choices

look to the defense attorney for an explanation of the objection before answering the question.

wait for the judge to rule upon the objection.

answer the question immediately.

look to the prosecuting attorney for a signal to proceed with the answer.

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Question 62 3 pts
When should a conference with the prosecuting attorney concerning the officer’s testimony take place?
Group of answer choices

after the trial date.

no conference between the prosecuting attorney and the officer is allowed.

during a recess at the trial.

prior to the trial date.

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Question 63 3 pts
In a jury trial, to whom should the officers testimony be directed?
Group of answer choices

the jury.

the defendant.

the judge.

the attorneys.

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Question 64 3 pts
Which of the following is not an appropriate response to a question asked during cross-examination?
Group of answer choices

I don’t want to answer that question.

I don’t know.

No.

Yes.