Deck 17: Videotapes, Photographs, Documents, and Writings As Evidence

Question 1

Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place where the defendant

A)is the owner.
B)is not expecting the taping.
C)is deceived by the police about videotaping in a public place.
D)has a reasonable expectation of privacy.

Answer 1

D

Question 2

If the government forced a person to create or produce an incriminating document, it would violate the _____________ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Seventh

Answer 2

B

Question 3

Videotapes that are made when no person is present making the tape (e.g.security camera that is not contemporaneously monitored) can be admitted through use of the _____________ witness method.

A)silent
B)absent
C)remote
D)conspicuous

Answer 3

A

Question 4

The Fourth Amendment does not apply if police are lawfully in a place and see a document in ____________ view.

A)surreptitious or secret
B)covert or concealed
C)occluded or precluded
D)plain or public

Question 5

Under the ancient documents rule in federal and some state courts, the document must be at least ______ years old.

A)10
B)20
C)30
D)40

Question 6

The U.S.Supreme Court has stated that the privilege against self-incrimination adheres to the ___________ and not to the information.

A)person
B)prosecution
C)victim
D)witness

Question 7

Videotaping events which _______________ is not covered by the Fourth Amendment.

A)occur in a home
B)happen in a public place
C)happen inside a motel or hotel room
D)involve only minors

Question 8

As a general rule, a search warrant is ______ necessary to search a public employee's workplace (desk, files, and so on) to investigate work-related misconduct.

A)not
B)always
C)sometimes
D)federally

Question 9

The party seeking to have a writing or document admitted must show that it is genuine or _____________.

A)complicit
B)exculpatory
C)authentic
D)replicable

Question 10

The majority of documents and writings introduced for use as evidence in criminal trials are proven authentic and genuine by ______evidence or by the contents of the document or writing itself.

A)circumstantial
B)real
C)direct
D)presumptive

Question 11

The government cannot force a suspect to produce a document that ________the suspect.

A)vindicates
B)incriminates
C)frames
D)excuses

Question 12

Supreme Court Justice Holmes wrote that a defendant is privileged from producing incriminating evidence, but not privileged from its

A)production.
B)warrantless seizure.
C)theft.
D)transposition.

Question 13

Photographs and videotapes are demonstrative __________because they portray (demonstrate) objects, persons, or events not in the courtroom.

A)hearsay
B)articles
C)facts
D)evidence

Question 14

Generally, anything that conveys a message is a ___________.

A)conveyance
B)document.
C)transmission
D)declaration

Question 15

A court order requiring that a defendant submit a handwriting sample

A)violates the privilege against self-incrimination.
B)violates the Fourth Amendment.
C)violates the Sixth Amendment.
D)generally violates no constitutional rights.

Question 16

Police have a valid search warrant and seize a defendant's incriminating business records.This procedure

A)violates the privilege against self-incrimination.
B)violates the confrontation clause.
C)does not violate the Fifth Amendment.
D)violates the Fifth Amendment only if the records are handwritten.

Question 17

In many cases photographs taken by a police officer are offered as evidence.The officer must establish the __________for the photograph

A)foundation
B)basis
C)rationale
D)authorization

Question 18

____________ photographs of the victim's body can inflame and prejudice the judge or jury.

A)Graphic
B)Accurate
C)Complete
D)Gruesome

Question 19

The general rule that only the original of a document (and not a copy) is admissible is called the ____________ rule.

A)best evidence
B)parol evidence
C)con compos mentos
D)res ipsa loquitur

Question 20

The ____________ Amendment protects persons from being forced to produce and authenticate any documents that are incriminating.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 21

Gruesome photographs of the victim's body are never admissible.

Question 22

Ordinary records held by a bank about a person's finances (e.g.deposit slips, cancelled checks) can lawfully be obtained by a search warrant issued to the bank.

Question 23

No warrant is necessary to videotape events occurring in a public place.

Question 24

The silent witness method is a means of authenticating a document.

Question 25

The best evidence rule is also known as the original document rule.

Question 26

The privilege against self-incrimination applies to both written and oral statements that are incriminating.

Question 27

The Fifth Amendment does not protect incriminatory documents about the crime created before the crime was committed.

Question 28

X-rays can be admitted and discussed by a witness using the same procedures for ordinary photographs.

Question 29

The Fourth Amendment does not protect against the seizure of documents.

Question 30

The Fifth Amendment protects only a person's personal writings, not their business writings or documents.

Question 31

United States v.Buchanon found that the best evidence rule did not just apply to writing.

Question 32

Most employees' offices are not places where a reasonable expectation of privacy exists.

Question 33

Documents may be authenticated only by direct evidence.

Question 34

A copy of a document is never admissible, only the original is.

Question 35

Under the Fifth Amendment, a defendant is privileged from producing the evidence but not from its production.

Question 36

In United States v.Flores-Montano, the decision reversed a defendant's conviction because of testimony based on a boat's GPS system.

Question 37

Individuals have no expectation of privacy for original checks and deposit slips.

Question 38

The plain view or public view doctrines do not apply to documents or writings.

Question 39

The ancient documents rule applies only to documents 100 years of age or older.

Question 40

The privilege against self-incrimination adheres to the suspect, not the information.

Question 41

Discuss the law on the admissibility of gruesome photographs of the bodies of murder victims at the murder trial.Be sure to provide examples

Question 42

Photographs and videotapes are ___________evidence because they portray objects, persons, or events not in the courtroom.

Question 43

Under the ancient documents rule, the document must be at least ___________ years old.

Question 44

Discuss the use of videotapes and other electronic devices as evidence.Do you believe (as the courts have upheld) that video surveillance should be used in an employee's office? Why or why not? What are the current restrictions? How would you change these? Or would you?

Question 45

_________________ evidence is important in civil personal injury trials.

Question 46

Discuss four methods of authenticating a document or writing.Provide examples of each.

Question 47

The ____________ Amendment contains a privilege against self-incrimination.

Question 48

A witness may identify a photograph by testimony showing any one or more of the following:

Question 49

The silent witness method is used to authenticate ___________ evidence.

Question 50

The best evidence rule is also known as the ____________ document rule.

Question 51

In general, _____________ kept records of businesses; government, etc.are presumed to be authentic.

Question 52

The __________witness method is sometimes used to authenticate videotapes.

Question 53

Perhaps the most famous videotape in American history is the Zapruder video of the assassination of President _____________.

Question 54

The Fourth Amendment does not protect documents in public or _________ view.

Question 55

Discuss, describe, compare, and contrast the protections of the Fourth and Fifth Amendments with regard to documents.Be sure to provide examples.

Question 56

Thousands of people carry ___________ equipped as cameras.

Question 57

Videotaping may be conducted in places where the people being filmed do not have a _____________expectation of privacy.

Question 58

Like maps and diagrams, photographs and videotapes are forms of _____________ evidence.

Question 59

To have protection against government videotaping, the suspect must have a ____________ expectation of privacy in the place where the taping is occurring.

Question 60

Law enforcement officers and other governmental officials cannot intrude into a "zone of _______" of a person to seize documents, writings, or records without a showing of proper authority.

Question 61

X-ray films, videotapes, and motion pictures are introduced into evidence on the same basis and principles as still photographs.X-ray films-radiographs, roentgenograms, and skiagrams-are different from ordinary photographs in the following respects:

Question 62

Describe the plain view and public view doctrines in relation to the police and documents.

Question 63

The following types of circumstantial evidence may be used to show that documents are authentic and genuine.