COMPLETE SOLUTIONS| 100% PASS!!
1.What is the definition of Evidence - ANSWER Anything used to demonstrate the
truth of an assertion
2. What are exceptions to the hearsay rule - ANSWER Present sense impression
Excited utterance
Statement for medical purposes
recorded recollection
records of regularly conducted activity
3. List all of the non searches - ANSWER Abandoned Property
Canine Sniff
Open Field and Ariel View
Plain View and Plain Smell
Private Citizen Search
Inventory
4. What are the requirements needed when asking for a warrant - ANSWER
Probable Cause
Supported by Oath and Affirmation
Must describe the place to be searched
Must describe the person or items to be seized
, 5. Explain Chain of Custody - ANSWER Its the chronological documentation
showing seizure, custody, control and transfer of evidence. The chain of custody
begins at the time of seizure and continues through the completion of the trial
6. Is Hearsay admissible in court - ANSWER No - Unless it falls under one of the
exceptions
7. What is the definition of Hearsay - ANSWER Second hand evidence in which the
witness is not telling what he/she knows personally, but what others have said.
Statement offered in court by someone other than the declarant offered as
evidence.
8. What is the Public Duty Doctrine - ANSWER Tort law - For an officer to be held
liable under negligence, the plaintiff must show a breach of duty to him as an
individual. Not the breach of a duty owed to the general public.
9. 42 USC 1983 (Civil rights act of 1871) - ANSWER Protects individuals from
deprivations of their constitutional rights by law enforcement officers. Helps the
public to sue for:
Excessive force, False arrest, Unlawful search and seizure, First amendment
violations, Denial of counsel etc..
11. Can a 14yr old child in a detention facility be questioned by a peace officer
without the permission of the parents - ANSWER No - No person other than a
probation officer or a staff member shall be permitted to interview a child. Unless
the parent gives written permission or the parent and child waive their rights
12. Are Serious Youth Offenders still charged in Juvenile Court? - ANSWER Yes-
Most aggravated charges constitutes SYO but still stay in the juvenile court.