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Will the map be admissible as evidence against Richard at the murder trial?

October 28, 2022
Christopher R. Teeple

Question 1 5 pts
Richard is suspected of murdering his roommate. Late one night the police enter Richard’s residence without a warrant and without an exigencies (emergencies) that permit them to go into the home. They begin thoroughly searching the premises when an office finds a hand-drawn map of Richard’s backyard shoved in a desk drawer. Near a tool shed that was drawn and labeled on the map, an officer sees a large “x” and written next to it, “body.” Within a few hours the site marked on the map is excavated and police discover Richard’s dead roommate.

Will the map be admissible as evidence against Richard at the murder trial? Why or why not?

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Question 2 5 pts
Richard is suspected of murdering his roommate. Late one night the police enter Richard’s residence without a warrant and without an exigencies (emergencies) that permit them to go into the home. They begin thoroughly searching the premises when an office finds a hand-drawn map of Richard’s backyard shoved in a desk drawer. Near a tool shed that was drawn and labeled on the map, an officer sees a large “x” and written next to it, “body.” Within a few hours the site marked on the map is excavated and police discover Richard’s dead roommate.

Will the body be admissible as evidence against Richard? Why or why not?

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Question 3 5 pts
According to Miranda, what are the four rights a suspect must be informed of when in police custody prior to be interrogated?

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Question 4 5 pts
When will a suspect’s waiver of Miranda rights be constitutionally acceptable? (HINT: read the vocabulary definition on page 101.)

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Question 5 5 pts
Officer Ryan was conducting a lawful search (with a warrant) of Timmy’s home. Timmy was suspected of mail theft and credit card fraud. When Officer Ryan went into Timmy’s den he noticed a large gun cabinet with a glass door and several guns inside. Although guns were not specifically listed in the warrant, Officer Ryan thought one of the guns may have been used in a recent burglary down the block from where Timmy lived. So, Officer Ryan removed the gun from the cabinet, turned it over and read the serial number on the butt of the gun, and determined it was, in fact, used in the burglary. Why would the “plain view” exception to the warrant requirement NOT apply?
Group of answer choices

There was no prior valid intrusion.

The gun was not in plain view.

It was not immediately apparent that the gun was evidence.

The gun was not included in the search warrant.

Flag question: Question 6
Question 6 5 pts
In Gideon v. Wainwright, why did the trial court judge deny Gideon’s request for appointed counsel?
Group of answer choices

The request was untimely.

Gideon was charged with a misdemeanor crime.

Gideon was charged with a felony crime.

There were no public defenders available to take Gideon’s case.

Flag question: Question 7
Question 7 5 pts
What Constitutional amendment incorporates the provisions of the 4th Amendment to make it applicable to state actions?
Group of answer choices

10th Amendment

13th Amendment

14th Amendment

19th Amendment

Flag question: Question 8
Question 8 5 pts
The Exclusionary rule prevents evidence collected or analyzed in violation of the defendant’s constitutional rights from being used in a court of law. Identify the exceptions to the exclusionary rule. Select all that apply.
Group of answer choices

Good faith by law enforcement (i.e. individual identified in warrant is correct, but address is incorrect).

Inevitable discovery (i.e., the body may be discovered anyhow because of community search efforts)

Plain smell doctrine (i.e., officer or K-9 smell contraband in immediate area of suspect)

Plain view doctrine (i.e., illegal material that is not subject to the warrant is in plain view of law enforcement)

Plain taste doctrine (i.e., law enforcement can taste illegal material in suspect’s immediate area)

Confidential informant identification (i.e., CI informs law enforcement where illegal material is located)

Evidence obtained by a private third party (i.e., neighbor of the suspect turns in a bloody knife found in the bushes)

Flag question: Question 9
Question 9 5 pts
When must an individual be read her Miranda rights?
Group of answer choices

When she is in custody.

When she is in custody and being interrogated.

When she has been formally charged with a crime.

When she is at the police station.

Flag question: Question 10
Question 10 5 pts
What two Constitutional rights are protected by a Miranda warning?
Group of answer choices

4th and 5th

5th and 6th

4th and 6th

6th and 7th

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