Criminal Law Questions

Where was the first police crime lab opened in the US?

Would fingerprints be an example of physical or testimonial evidence?

If a blonde hair is found on the glove of a suspected criminal, but the suspect has brown hair, would that be considered "class" or "individual" evidence?

If tire tracks are the same as a suspect's car, would this be individual evidence or class evidence? Explain why that would not be enough evidence to convict someone in a case.

Who invented the first method of identification prior to fingerprinting

What is the famous case that helped fingerprints become the method of choice in identification of individuals over anthropometry? What happened?

specific layer of the skin that determines the pattern of fingerprints

What are the 2 types of substrates fingerprints can be left on

Reasonable expectation of privacyYou have a reasonable expectation of privacy in your car, though it is more limited.Example 11: Quentin goes into the dressing room of a men's store and hides a valuable leather belt in his underwear. Wendy, a store security guard monitoring a hidden camera in the dressing room, sees Quentin. As Quentin is leaving the store, Wendy grabs him, thrusts her hands into his pants, and grabs the belt. Wendy calls the police and Quentin is subsequently charged with larceny. He argues that the belt should be excluded from evidence because the search violated his constitutional rights. What result?

exceptions to the warrant requirement-6. Evidence Obtained From _______________ Searches o Police do not need search warrants to conduct administrative searches.o Two kinds:1) Administrative warrants (e.g., fire or health inspections of a building)2) Warrantless administrative searches—used to ensure compliance with various administrative regulations; examples: • Airplane boarding areas • International borders • Highly regulated industries (liquor stores, gun shops, etc.) • Searches of students in public schools • Special needs searches; e.g., drug testing of railroad employees after an accident • Roadblocks for drunk driving or seeking information

crim- The Sixth Amendment2. When Does the Sixth Amendment Right to Counsel Apply?o Applies to all ________________________ prosecutions and to any misdemeanor prosecutions in which jail time or suspended jail sentence is imposed.o Applies to all ________________________ stages of the prosecution Examples: • ?• ?• ?• ? Examples of non-critical stages are: • Investigative lineups (pre-indictment)• Witnesses looking at photo arrays• Discretionary appeals and post-conviction (habeas) proceedings

crim- The Sixth Amendmento To what charges does the right apply? Sixth Amendment right to counsel is offense-specific; a defendant has a Sixth Amendment right to counsel only with regard to the offenses for which he has actually been ________________________ (and any lesser-included offenses) With respect to unrelated charges, the defendant can be questioned, either expressly or through undercover government agents. o Sixth Amendment applies whether you are in ________________________ or not Fifth Amendment Miranda right applies to custodial interrogation for any charge, but not to non-custodial interrogation

crim- Identification Procedures2. Admissibilityo Lineup evidence at trial If the defendant moves to suppress evidence that a witness picked the defendant out of a lineup, the court will consider whether the lineup was __________________________ __________________________________ If it was, the court can exclude the testimony.o In-court identification The prosecution must establish by ___________________________________________ evidence that the witness would have identified the defendant even without the suggestive lineup.Example 32: Ingrid is charged with art theft. The prosecution alleges that she stole a small but valuable sculpture from an art gallery by putting it into a large shopping bag. The police ask Oscar, who works at the gallery, to view a photo array of five potential perpetrators. Ingrid is the only blonde-haired woman in the array and she appears quite a bit younger than the others. Oscar identifies Ingrid. The police then place Ingrid in a lineup. Preeta, another gallery employee, views the lineup. The Assistant D.A. asks Preeta, "Do you see the person who walked out of the gallery with a large shopping bag?" Preeta says no, but adds that she "saw the third person from the left" - Ingrid - "reach into a lady's pocket and steal her wallet." The A.D.A. knows that another patron at the gallery, Sarah, had filed a complaint with the police that her pocket had been picked on the day of the alleged sculpture heist. So the A.D.A. obtains a search warrant for Ingrid's house, and the police find Sarah's wallet. Ingrid is now charged with larceny against Sarah as well as art theft. Which of the following statements about the use of evidence are true?A) Is the wallet admissible at Ingrid's trial for larceny even though Ingrid's lawyer was not present at the lineup? B) Is Oscar's identification inadmissible at Ingrid's trial because Ingrid's lawyer was not present?

crim- Identification Procedures1. Types of Procedureso There are two kinds of identification procedures: _______________________________ and ________________________ Photo arrays: Neither the defendant nor his lawyer has the right to be ______________, but police must turn over the array to the defendant. Pre-indictment lineups: Defendant has no right to counsel. Post-indictment lineups: Defendant has a right to have ___________________ present.

Crim- What is a search?1. Government ConductExample 8: It is not a search if your mother or private employer goes through your things.o Can occur with ____________________________ intrusion upon private propertyExample 9: The police bring a drug-sniffing dog onto your porch, or place a GPS device on your car o A search can occur without a ______________________________ intrusionExample 10: The defendant was growing marijuana in his basement and used grow lamps. A government agent set up a thermal imaging device on the public street and found that the basement was unusually warm. The agent used this information to obtain a search warrant. The use of the thermal imaging device was a search in violation of the defendant's reasonable expectation of privacy. Using some types of technology constitutes a search.

Crim- Types of Seizuresc. Arrests There must be _________________________________ to believe that the arrested individual has committed a crime. Can be with or without an arrest ________________________ Pretext arrest: As long as the police have probable cause to believe an individual committed a crime, it is irrelevant whether the officer stopped that person for the crime for which there is probable cause or some other crime.Note 1: Pretext arrests are fine under the Fourth Amendment. However, there may be an Equal Protection issue if the officers choose who to stop based on race or other discriminatory criteria.

Crim- Types of Seizuresd. Warrants Authorizes an officer to arrest a particular person An arrest warrant is issued by a ____________________ and detached magistrate based on a finding of ____________________________________ to believe that the individual has committed a particular crime. Warrant must name the person and identify the ________________________ Allows officers to enter an individual's home to arrest that individual • Does not authorize officers to enter a third party's home or business• Officers must also have a search warrant to search the premises for the individual (or meet an exception to the warrant requirement) Absent an arrest warrant, officers can only arrest someone inside a dwelling if:a) ? b) ?

exceptions to the warrant requirement- consent o Third Parties:Example 15: You give your bags to a friend and say, "Please hold my knapsack while I run into the library for a second." A police officer approaches your friend and asks to look in the knapsack. If your friend agrees, the officer need not obtain your consent to search the knapsack because the friend had _______________ over the property. Officers cannot search over the objection of a present occupant. Officers can search if the suspect is not present and the other occupant consents.

crim- Consequences of Fifth Amendment Violations• Two categories: o Statements obtained involuntarilyo Statements obtained in violation of Miranda1. Involuntarily Obtained Statements:o An involuntarily obtained statement is _________________ admissible against a defendant.o Whether to overturn a conviction depends on the harmless error standard.o Evidence obtained as the result of an involuntary statement (e.g., "Tell us where the body is buried" while a suspect is at gunpoint) is fruit of the poisonous tree and is ______________________________________ inadmissible.2. Statements in Violation of Miranda:o Inadmissible in the prosecution's case in chief, but can be admitted in order to ________________________ the defendant to challenge his credibility.o Evidence obtained as a result of a voluntary statement taken in violation of Miranda is __________________________________

crim- 3. Miranda Warningso Before conducting custodial interrogations, the police must inform the suspect: You have the right to remain ________________________; Any statement you make may be used against you in court; You have the right to consult an attorney and to have the attorney _________________ during questioning; and You have the right to have an attorney appointed if you cannot afford one.o Interrogators must ask whether the defendant ____________________________ the rights o No magic words: As long as the substance of the Miranda warnings is communicated, it will be sufficient