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AJ3 Chpt 10 & 11
Pre-Final
| Question | Answer |
|---|---|
| What 2 points must be evidenced in order for privilege to exist | 1. There must be confidential communication and 2. The appropriate relationship must exist |
| Name 4 types of privilege | 1. Attorney - Client, 2. Husband -Wife, 3. Physician -Patient, 4. Clergy-Penitent. |
| When is the conversation with the attorney NOT covered under privilege | When divulging plans for a future criminal activity |
| Which of the following are not proper relationships covered by attorney/client? 1. Lawyer to friend, 2. Lawyer to person seeking a lawyer, 3. Lawyer acting as a business advisor, 4. Lawyer to business owner discussing future business plans legality. | 1 and 3 are not privileged |
| True or false. Anything your attorney discusses or witnesses is privileged. | False. What is observed is not privileged. |
| What is the new exception to the attorney client privilege | Lawyers can breach confidentiality to prevent reasonable certain death or substantial bodily harm |
| What are the two husband and wife privileges | 1. Protects confidential communication. 2. Applies when one spouse is called to testify against the other. |
| Give 3 examples of when husband /wife privilege can be broken | 1. Crimes one spouse committed against the other spouse or children. 2. Child support. 3. Bigamy. |
| True or false. Conversation or protected actions are not under the husband /wife privilege rules | False. Privilege applies to actions as well as words. |
| Some states (do/do not) allow privilege if the defendant got married to prevent the new spouse from testifying against him or her. | Do Not |
| Name the medical designations who fall under physician /patient privilege. | Physician and Assistant, Midwife, Nurse, Phy |
| What information is the doctor allowed to provide | The names of the patients and the dates consultation was provided. |
| Name the exceptions frequently found in physician /patient privilege. 3 given. | 1. Advice on how to conceal a crime. 2. Advice sought on how to plan a crime. 3. Information physician is required by law to report. |
| What two examples are the most common "must report " medical issues. | Child abuse, fetal deaths, gunshot wound, sexually transmitted diseases, |
| What does it mean the privilege belongs to the patient | If doctor is testifying and the defendant says he may answer the question, doctor must comply. |
| Where did clergy-penitent privilege originate | From the concept of the confidentiality of the Catholic confessional |
| True or false, all states now have a news media privilege to protect reporter sources | False. Congress has not enacted a federal shield law. Each of the 11 districts has developed it's own case law on the subject. |
| Can the guy who recorded the King beating quote privilege if forced to testify? Why. | No. Privilege only extends to person employed by the media. From the school newspaper to the NY Times are covered. |
| 8s a blogger covered by privilege? | State law vary on this one. |
| How is information the president argues is privileged determined? | District Judge holds an in camera hearing where the material is examined. Only the federal judge and the president's attorney are present. |
| T/F. If the crime is serious, some states require reporters to divulge their sources if no other way to obtain the vital information. | True. Prosecution must convince judge there is no other way to obtain the needed evidence. |
| T/F personal police files are always protected by privilege. Why or why not | Police files are privileged unless there is litigation between the employee and employer. Also, if defense claims officer is committing perjury then fact that others have complained that officer is untruthful is relevant. Files can be reviewed. |
| The act of taking possession of a person or property is called a ....... | Seizure |
| Why can evidence left in a public place be seized without a warrant? | Because there is no invasion of anyone's privacy or property |
| In a criminal case, Probable Cause is required in which three key situations? | 1. PC that a crime was committed, 2. PC that the suspect is the person who committed the crime, 3. PC that evidence is at a specific location. |
| Beforehand, the Supreme Court would use the term "Standing" to decide if evidence should be excluded. What guide do they use instead today? | They adopted the "reasonable expectation of privacy" standard. |
| T/F. A person was not mirandized and implicates another person in a criminal endeavor. Both individuals can have the confession suppressed. | False, the confessor can have the confession suppressed. But, not the other person implicated. |
| What is an administrative warrant? | Warrants for noncriminal situations such as building inspection for code compliance and the owner refuses to allow the inspection. |
| What 3 things are specifically stated in the 4th amendment in regards to probable cause? | 1. No warrant unless there is PC, 2. PC must be established under oath or affirmation 3. Warrant must specifically describe the place and the person or things to be seized. |
| What is the document by which the oath or affirmation to procure a warrant called? | An Affidavit |
| What information is needed to acquire an Arrest Warrant | 1. Name, 2. Physical Description, 3. DOB, 4. Approximate Age. |
| What is the problem when victims are used to provide the detail sufficient to obtain an arrest warrant? | Victims usually do not provide enough detail. |
| T/F anonymous tips are not sufficient to obtain a search warrant? | False. Anonymous Tips can be used. |
| What time of day are search warrants usually required to be executed? | Between 6am and 10pm |
| T/F. A felony warrant can only be served between 6am and 10pm. | False, this time applies to misdemeanor warrants. There are NO RESTRICTIONS on felony warrants. |
| Search warrants usually expire within ____ days of being issued. | 10 days |
| Typically, Misdemeanor warrants expire after ___ year(s). Felony warrants expire after ____ years. | 1; 3 |
| Who is responsible to verify that a warrant is valid on its face? | Te officer executing the warrant |
| In order to ensure the safety of the officers upon entering a house, the first thing they do should be what? | Conduct a protective sweep of the premises. |
| Name two situations in which the police may enter into a home without a warrant | 1. Hot pursuit of a suspect, 2. A call for help from inside the home |
| What are the 4 steps to a proper Knock and Announce procedure? | 1. Knock, 2. Identify, 3. Announce why there, 3. Wait before entering. |
| A full knock and Announce may be allowed if .... | 1. The officers life or someone in the homes life is in danger, 2. Taking the time to fully comply could result in evidence being destroyed. |
| What is a return as it pertains to a search warrant | Document that must be completed after a warrant has been executed telling what actions were taken and what was seized. |
| What is the concept in regards to the Good Faith Exception as it pertains to the Exclusionary Rule? | Facts must be such that a reasonable officer could have made an honest mistake. |
| Name 4 situations in which UNconstitutionally seized evidence may still be admitted. | 1. Good Faith Exception, 2. Inevitable Discovery Exception, 3. Independent Source Exception, 4. Public Safety Exception. |
| What is the concept behind t e Public Safety Exception in regards to exclusion of evidence? | The police are justified in acting to protect the public from imminent danger even if it violates someone's Constitutional rights. |
| Can evidence obtained in violation be used in a civil case? Why or Why Not? | It can be used because the Exclusionary Rule does not apply In Civil cases. |
| Name the 6 situations in which the Exclusionary rule does not apply. | 1. Grand Jury indictment, 2. Impeachment if perjured, 3. Deportation, 4. Sentencing, 5. Parole Revocation Hearings, 6. Search by Private Citizens. |
Created by:
JeromeG
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