Constitutional Amendments
This amendment provides the right to keep and bear arms
2nd Amendment
What is one argument against using the Frye Standard?
not clearly defined as to what graduates to the field "validating" the practice in question
Does not allow for valid science if the science is fairly new.
True or False: Fire officials require a warrant in order to enter a building to fight a fire
False: this is an emergency circumstance and a lawful component of their professional duties
True or False: It is unlawful for your vehicle to be searched without a warrant during a routine traffic stop.
True, in order to search a vehicle, there has to be reason to believe that the vehicle is being used to transport contraband or the vehicle must be in lawful possession of law enforcement (such as an impounded vehicle which needed to be seized in order to be impounded and was subsequently searched).
True or False: Joiner was able to legally demonstrate that his employer had chronically exposed him to PCBs as part of his job duties.
True
This Amendment provides for the security against search without probable cause
4th Amendment
True or False: The Daubert standard allows for more evidence to be admitted than the Frye standard.
True
If something passes the Frye standard then it is admissible, OR if in the judge’s opinion (judge as “gatekeeper”) the evidence is based upon sound scientific practice per the Federal Rules of Evidence even if it is not yet widely accepted (has not yet achieved “general acceptance”) then it is also admissible.
True or False: Fire officials may enter a building to fight a fire, but are not aloud to investigate the cause of the fire
False. Fire officials may, while fighting the fire, or within a reasonable period of fighting the fire, investigate the cause.
False. The officer must have a valid reason to be in the area. If the officer does not have a professionally valid reason to be in the area, it is unlawful for the officer to select which vehicles and homes to be near enough to in order to facilitate an increased likelihood of plain view.
True or False: Daubert's expert witness's testimony, which aimed to establish a connection between Bendectin and birth defects, was admitted eventually.
True
True or False: Someone may refuse to have their luggage searched at an airport and still board the plane if they cite their constitutional rights against warrantless search
False
In the Frye case, the principal reason for exclusion of polygraph evidence was
the scientific field had not validated / "generally accepted" the practice of polygraphing at the time
True or False: The tire analyst's testimony in the Kumho case was not allowed because he was a technical expert rather than a practitioner of theoretical biology, chemistry, or physics.
False: the judge as gatekeeper ruled that sufficient rigor was not applied in the analysis. Technical expert testimony is allowed in general, as long as it meets the Federal Rules of Evidence per the judge's analysis.
True or False: If an individual is about to be arrested, it is lawful for the officer to search the individual and then proceed with a lawful arrest.
False: the lawful arrest must precede the search incident to a lawful arrest
True or False: Some states use the Daubert standard, and other states use a Frye or modified Frye standard.
True. The Federal Rules of Evidence (Daubert) are universal in federal court, but individual states have the ability to set rules in state / local court cases.
True or False: A minor of age 17 can give legal consent to search a home
False
Case that established the judge as assigned to apply the Federal Rules of Evidence to potential testimony/evidence, and decide as to whether that testimony/evidence met the Federal Rules or not.
Daubert
True or False: If an officer sees an individual commit murder, the officer requires a warrant to return to the scene three days later to gather and bag evidence.
True: Mincey v. Arizona
True or False: If an officer hears gunfire in an apartment, it is lawful for the officer to enter the apartment and search it without a warrant.
True: The prospect of imminent danger to individuals in the apartment would qualify as an emergency circumstance, and no warrant would be required to enter and search the apartment.
Which of the following is not a condition of the Federal Rules of Evidence?
Is the technique used by at least 60% of scientists
Is the technique based on sufficient fact or data?
Is the technique a product of reliable principles and methods?
Are the principles applied reliably to the facts of the case?
Is the technique used by at least 60% of scientists
According to the constitutional amendments, what information must a legal warrant specify?
what is to be searched, and what is to be seized if located
True or False: The Joiner case established the precedent that a scientific expert, once their expertise in their field is established to the court's satisfaction, must be allowed to testify in court.
False: It is possible for one to be an expert but have their testimony still be excluded, if their testimony draws conclusions / opinions that are insufficiently demonstrated by data.
False: If it is located as a component of the otherwise lawful search based upon valid emergency circumstances, an item in plain view can be seized and used as evidence.
True or False: It is lawful for an officer to suggest to an individual that they will have a lower sentence later if they cooperate now and consent to warrantless search.
False: Consent must not be coerced in any way.
True or False: Suspected arson is sufficient for a fire chief to order a search of the remains of a burned building within one month of the fire.
False: search upon and immediately after the fire for a reasonable period is allowed, but this does not allow for continuous return-to-search missions which are deemed not associated with the initial reasonable period.