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50 terms

Exam 2: Law and Evidence

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The general rule is that hearsay is what?
Not admissible
The person with actual or apparent authority would most likely be who?
The driver of a car
Exceptions to the hearsay rule mandate that the hearsay offered have some what?
Indicia of reliability or Indicia of truthfulness
Sham roadblocks have been held what?
Constitutional
The admission of hearsay testimony may sometimes violate what?
The 6th Amendment
In a case in California, the USSC upheld a police search and seizure of garbage left on the curb by the defendant for pickup because of what?
The defendant had no reasonable expectation of privacy in the garbage
The fruit of the poisonous tree doctrine is also known as what?
The derivative evidence rule
The federal exclusionary rule applies when?
Only in criminal cases
If police can show that the evidence was discovered by 2 methods, one of which was lawful, it may trigger what?
The independent source exception
The USSC has specifically held that public school boards may require random drug testing of who?
Student athletes and those involved in extra-curricular activities
The problem with hearsay testimony is that the person who actually saw the events is what?
Not on the witness stand
The term hearsay is reportedly a contraction of what Old English phrase?
I heard it said
Statements made to a physician for the purpose of diagnosis or treatment...?
May be both privileged and an exception to the hearsay rule
One of the costs and criticisms of the federal exclusionary rule is that it...?
May result in guilty people being acquitted
To validly search vehicles at border crossings, federal agents...?
Are not required to have any warrants or individualized suspicion
Which of the following is a firmly rooted hearsay exception in the law of evidence?
Excited Utterance
While consent must be voluntary for a warrantless search, other factors should be considered such as...?
Mental Impairment
Intoxication
Age
Under the Federal Rule of Evidence and in a number of jurisdictions, which is specifically defines as not being hearsay, even though it may appear to be hearsay?
Admission by a party opponent
To have standing to contest a police search and a 4th Amendment complaint, the person must have has a what in the place or things searched?
Reasonable expectation of privacy
The USSC has specifically held that checkpoints for which of the following purposes does not violate the 4th Amendment?
DWI enforcement
Of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine, only the exception for ____ applies to the fruit of the poisonous tree
Attenuation of the taint
The case establishing limits to identification checkpoints in public housing projects was...?
Indianapolis v. Edmunds
Security screenings and seizures of items cannot occur without warrants or probable cause where?
At private functions
In Camara v. Municipal Court, the USSC lowered the standards for search warrants to facilitate government searches to enforce what?
Fire, health and housing codes
Hearsay can be what?
Written statements
Communicative conduct
Oral statements
The USSC made the exclusionary rule mandatory in federal courts when?
1914
The practice of obtaining criminal convictions based on hearsay was especially prevalent between 1558 and 1625, when English courts utilized the infamous what?
Star Chamber Trials
If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the what?
Inevitable discovery exception to the exclusionary rule
If a person abandons property, they...
Have no 4th Amendment rights with regard to the property
For 4th Amendment analysis, searches and seizures that are not conducted pursuant to criminal investigations are termed what?
Special needs searches
Under the forfeiture by wrongdoing rule, a defendant who deliberately makes a witness unavailable waives what?
The right to object to hearsay with regard to that witness
The ____ and rule against hearsay protect similar values
Confrontaion clause
The use of hearsay potentially involved a violation of the defendant's right to what?
Confront and cross-examine adverse witnesses
Which of the following is not a closely regulated industry for 4th Amendment purposes? What are?
Shoe Stores
Liquor, Pharmacies, Coal Mines
Testimony about statements made by a person to show that the person was mentally ill...
Are not hearsay
To fall within the hearsay rule, the declarant's statement must be what?
An assertive statement
Inmates in prisons and jails may be searched for weapons or contraband...
Randomly or at any time without any particularized individual suspicion
In hearsay testimony, the person on the witness stand is what?
Not the person who personally witnesses or heard the evidence
The USSC made the federal exclusionary rule mandatory for state courts in...?
Mapp v. Ohio
If a person abandons property because of illegal police activity, it...
Is not a valid abandonment for 4th Amendment purposes
The primary justification for the exclusionary rule is...
Discouraging or deterring police misconduct
Which of the following is not an exception to the exclusionary or derivative evidence rules? Which are?
Exigent Circumstances
Attenuation of the taint, Inevitable discovery, Independent soure
One famous scholar stated that the development of the hearsay rule was the second greatest contribution of the ENglish legal system next to...
The jury trial
Even though a warrantless or suspicionless search may be conducted based on an administrative or public safety rationale, if evidence of a crime is validly detected during such a search...
The evidence may be used in a criminal case
In general, government employee supervisors may search government owned desks, file cabinets, and computers for work-related matters when?
At any time with any amount of suspicion
The USSC made the exclusionary rule binding on the states in what year?
1961
When the exclusionary ryle applies, the evidence will be...
Excluded
Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done..
Randomly or based on individualized reasonable suspicion
The famous trial of who in 1603 prompted concerns about the use of hearsay in English trials
Sir Walter Raleigh
To fall within the hearsay rule, the testimony must be offered to prove what?
The truth of the matter asserted in the statement