FA5.3 5/14/16

Question 1

Hearsay is admissible when?

Answer 1

It falls under one of the recognized exceptions

Question 2

Miranda =

Answer 2

Custody + Interrogation

Question 3

Under what circumstances can you reinstate questioning after a suspect as invoked his right to remain silent?

Answer 3

If the suspect reinstates the conversation and says he/she wants to talk.

Question 4

What are the most common hearsay exceptions?

Answer 4

Excited utterance….Dying declaration….Admissions

Question 5

What are the 3 plain view requirements?

Answer 5

1) The LEO is within the viewing area
2) It is discovered inadvertently
3) Must be immediately apparent that items were evidence of a crime, contraband, or otherwise subject to seizure

Question 6

Do you need exigency to conduct a warrantless search of an automobile?

Answer 6

No

Question 7

Does failure to give consent mean probable cause and/or reasonable suspicion?

Answer 7

No

Question 8

Miranda waiver has to be what?

Answer 8

Knowing, voluntary, and intelligent

Question 9

Misrepresentations of evidence by police are permissible

Answer 9

True

Question 10

Fabrication of evidence by police is permissible

Answer 10

False

Question 11

Can you search residential garbage without a warrant?

Answer 11

No

Question 12

What is dual federalism?

Answer 12

Federal and state law operating in same place

Question 13

In order to search a MV, what must you have?

Answer 13

Reasonable articulable suspicion that motorist/passenger is engaged/about to engage in criminal activity before consenting AND must be voluntary

Question 14

What are the criteria for consent?

Answer 14

1) Voluntary
2) Must be advised of right to refuse consent
3) Advised of right to be present during search
4) Advised of right to terminate search at any time

Question 15

3rd party consent

Answer 15

Must have lawful authority over the premises or thing to be searched at least equal to the party who later disputes search’s validity

Question 16

Automobile exception

Answer 16

Probable Cause to believe the MV contains contraband or evidence of an offense AND circumstances giving rise to PC are unforeseeable and spontaneous….search must be done right then and there

Question 17

If PC exists before the MV stop, you must?

Answer 17

Get a search warrant

Question 18

Exigent circumstances

Answer 18

If time spent getting the SW would put police/public in physical danger or evidence will be destroyed/removed

Question 19

Search Incident to Arrest

Answer 19

When lawful custodial arrest, search must be contemporaneous with arrest

Question 20

Protective Sweep

Answer 20

Can only be done for people…lawfully within private premises AND reasonable articulable suspicion that area to be swept harbors a dangerous person….must be limited in scope to locations in which a person can be concealed/hide

Question 21

Hot Pursuit

Answer 21

Reasonable belief that the person pursued poses a danger to police/public if not taken into custody

Question 22

Inventory at Headquarters

Answer 22

As part of routine administrative booking procedures, officer may inventory the personal effects of a person under lawful arrest

Question 23

Does impound equal inventory?

Answer 23

No

Question 24

Does driver have the right to decline inventory?

Answer 24

Yes

Question 25

Must there be a need to impound AND inventory to perform both?

Answer 25

Yes

Question 26

In the plain view rule, you can seize anything that meets the criteria but for everything else you need?

Answer 26

Search warrant

Question 27

Strip Searches

Answer 27

Need custodial confinement AND

1) Search warrant OR
2) Consent OR
3) Reasonable suspicion to believe the person is concealing a weapon, contraband, or CDS

Question 28

Direct vs Circumstantial evidence

Answer 28

1) Direct = facts perceived by one of the five senses

2) Circumstantial = facts perceived by others’ inferences

Question 29

Physical evidence needs

Answer 29

Authentication

Question 30

Sam marries marry so that Sam won’t have to answer questions about a crime for which Marry is being investigated. Sam is protected under the Privilege of Accused.

Answer 30

False, can’t get married just to avoid questioning.

Question 31

If a 3rd party overhears a couple talk and disclose incriminating information, is it protected under the Marital Privilege?

Answer 31

It depends…if the couple is in their home and the 3rd part is being nosy and listening through their window, it is protected b/c there’s an expectation of privacy. BUT if the couple is in public, they’re not protected…their fault for being loud in public

Question 32

Prior statement of witness

Answer 32

When inconsistent with statement given to police, statement may marked into evidence if:
1) it is a sound recording or in writing or signed by the witness and it was given under oath

Question 33

Excited utterance

Answer 33

Statement made when the declarant was under the stress of the excitement caused by the event or condition and without opportunity to deliberate or fabricate

Question 34

Dying declaration

Answer 34

statement made by a victim who’s unavailable is admissible if made voluntarily, in good faith, while the declarant believed in the imminence of impending death

Question 35

5th Amendment miranda warnings

Answer 35

required during a custodial interrogation because that procedure protects against compelling police pressures
AND

Question 36

6th Amendment miranda warnings

Answer 36

Accused protected by counsel who is a buffer between the accused and the state at all critical proceedings