Three officers approach two male subjects outside a convenience store.  As the officers approach, one of suspects runs.  One officer stays with the non-runner and two officers give chance to the “running man.”  While chasing the man, the officers see him throw a small silver object into some nearby bushes.  They seize running man.  He as no contraband in his possession.  However, upon searching the bushes where the two officers observed running man (later identified as a convicted felon) throw the small silver object, they find a loaded .38 caliber silver plated revolver.  Can the officers arrest running man for possession of the “found” .38? TRUE = Yes FALSE = No  

An officer stops a vehicle, and as the situation unfolded, the driver was arrested because he had illegal drugs in his possession.  In search incident to arrest (Chimel v. California), the officer finds a suitcase in the trunk.  The officer asks Mr. Criminal, “is that your suitcase?”  Mr. Criminal denies ownership of the suitcase.  The officer opens it anyway and finds twenty pounds of a green leafy material consistent with the appearance and smell of marijuana (later determined by the crime scene tech that is was in fact marijuana).  The officer is correct in confiscating the marijuana and the court will allow the marijuana entered into evidence.  Why?  Choose the correct response below.

Which one of the statements below is the principal argument against the exclusionary rule:

The exclusionary rule keeps out evidence from the courtroom that was improperly or illegally obtained.

Sometimes, evidence that has been excluded from admission to the court under the poisonous tree doctrine may ultimately be admitted to the court if a significant time has passed from the evidence being excluded under  ______________________ .

The existing mental, emotional, or physical condition exception is offered not to show that the defendant committed the murder (or whatever) but to show motive or state of mind.

Your pals Don and Cindy Smith are going through a divorce and have been separated for two years.  The Smith’s have been contentious from time to time but have generally shared custody of their two children, Leon (8) and Leanonme (5) pending a divorce custody settlement.  Smart Cindy has been keeping a very detailed daily journal for the past eight months on Dumb Don.  Cindy puts down in the journal when Don picks up the kid or kids, what he spends or doesn’t spend on them for necessities (food, clothing, shelter – rent), how often he visits, days he says he’ll come to get the kids but doesn’t, things the kids say Dumb Don says when they are with him, etc., etc.  Do you think Cindy’s little journal will be admitted into court during a custody hearing?  If so, choose the exception to hearsay below, OR if not, choose NO!

The Confrontation Clause is from which of the following:

Hearsay rules only began to be developed after the famous trial of _______________________.

Only verbal statements by witness can be considered hearsay.