IH 56

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1. Which of the following is an example of an improper search that violates an individual’s Fourth Amendment rights?
A. A police officer searches a trash bag that has been left at the curb.
B. A FedEx employee opens a package, finds drugs, and calls police.
C. An off-duty officer searches a vacation home where he works as a caretaker and finds evidence of drug use.
D. A computer containing images of child pornography that was left at a repair shop is seized by the police.

2. You’re an attorney for the defense. Your client has been charged with shoplifting on three separate occasions. The prosecution insists that it has videotape evidence of your client walking out of the store
carrying merchandise. This type of evidence is called
A. the Daubert test.
B. exigency.
C. demonstrative evidence.
D. the chain of custody.

3. Officer A broke into the warehouse of a packaging company looking for a body. Officer A didn’t find a body, but did find several bags of cocaine. Officer A left the scene to get a warrant. Unaware of Officer A’s actions and four hours later, Officer B got a warrant to look for the same body but instead found the cocaine. Although Officer A obtained the search warrant without mentioning the initial illegal entry, the cocaine was submitted into evidence as a result of Officer B’s actions. Which exception to the exclusionary
rule allows this to occur?
A. Passage of time rule
B. Independent source doctrine
C. Mapp rule
D. Inevitable discovery rule

4. Appellate courts rarely overturn verdicts resulting from which one of the following types of evidence?
A. Bias on the part of the judge
B. The introduction of hearsay testimony
C. Abuse of discretion in the admission of gruesome photographs
D. Admission of photostatic copies of documents

5. Evidence was obtained by the police from a defendant’s trash can, which was located in the defendant’s
garage. Which one of the following statements regarding the obtained evidence is true?
A. The defendant has a reasonable expectation of privacy in his trash can, so the exclusionary rule applies.
B. The defendant has no reasonable privacy expectation in his trash can, so the exclusionary rule would apply.
C. The defendant has a reasonable privacy expectation in his trash can, so the exclusionary rule wouldn’t apply.
D. The defendant has no reasonable privacy expectation in his trash can, so the exclusionary rule wouldn’t apply.

6. After committing a robbery, Bob brought the stolen goods to his girlfriend’s house. She protested the
robbery. He beat her and returned to his own home without taking the items with him. His girlfriend called
the police to report the assault. The police traced Bob back to his girlfriend’s house, found the stolen goods,
took them, and admitted them into evidence. Which one of the following statements regarding this evidence
is true?
A. Bob can’t challenge the evidence obtained because he doesn’t have standing.
B. Bob can challenge the evidence obtained because the police didn’t have a warrant.
C. Bob can’t challenge the evidence obtained because it was an emergency situation.
D. Bob can challenge the evidence obtained because he had reasonable assurance of privacy at his girlfriend’s house.

7. To be entered into evidence, weapons must
A. have the defendant’s fingerprints on them.
B. be authenticated.
C. have been found in the possession of the defendant.
D. be unloaded.

8. You’re a police officer. You’ve been called to a domestic disturbance. You’re standing in the hallway of
an apartment building when you hear gunshots, so you force open the door of the apartment. What gives
you the authority to enter without a warrant?
A. The writ of habeas corpus
B. The ruling from McCray v. State
C. The ruling from Mincey v. Arizona
D. Exigency

9. Which one of the following searches would most likely be deemed unlawful and thus make the evidence
inadmissible?
A. Teachers searching kids on probable cause
B. A building security guard searching someone who’s looking for drugs on a tip from the police
C. Security guards searching for weapons at a rock concert
D. Health and housing officials searching for rat infestations

10. Which of the following documents do not qualify as private writings?
A. Internet postings
B. Marriage certificates
C. Letters to your boss
D. E-mails