Case 8.3 Police investigate a reported sexual assault of a ten year old female. Police were alerted by a school nurse who noticed bruises on her thighs after the child came to her office complaining of lower abdominal pain. The child was interviewed by a sexual assault nurse examiner (SANE) who asked questions about the assault not to gather evidence but to help the nurse examine and treat the child appropriately.  The nurse also performed a rape kit and collected samples for DNA analysis. The child identified a neighborhood handyman as the perpetrator. The accused, Chester Mayhem, had recently worked on the victim’s home where he befriended the victim. Mayhem reportedly had sexually assaulted the child on four separate occasions. The child was reluctant to report the assaults as Mayhem threatened to kill her family if she said anything.        The subsequent investigation matched Mayhem’s DNA to three other unsolved sexual assault cases. Mayhems is arrested and charged with multiple counts of aggravated sexual assault.​At trail the defense attempts to block the nurse’s testimony regarding the child’s description of the sexual assault as hearsay. Is this it hearsay?​

Case 12.1 ​Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken.  The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect “where’s the gun?” The suspect hesitates and Officer Smith says “Look, there a lot of little kids here; we don’t want one of them to find the gun and have a tragedy.” The suspect points to a garbage can near the playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him.  The search of the suspect produces $ 450.00 in cash and a cell phone. ​ The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment.  He remains silent in response to questions regarding the robbery and states “I am not talking about anything else that happened today.” The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes. ​Which of the following statements would not be required when the detectives were providing the suspect his Miranda warning?​

To fall within the hearsay rule, the testimony must be offered to prove the _____.​

​The Confrontation Clause is found in the Fifth Amendment.

Miranda warnings are not required in ordinary traffic stops.​

A(n) _____ is any statement or conduct from which guilt of the crime can be inferred.

The case establishing limits to identification checkpoints in public housing projects was _____.

A Terry stop is a(n) _____.

Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among those deemed to be “closely regulated businesses.”

Administrative searches and functions are those that are related to special need of government and the community.