Term
| Sally is called and wants to testify that Jim told her just after he killed his wife that he did it because he loved her. Who is the declarant? |
|
Definition
|
|
Term
| Sally is called as a witness to testify that just before Jim killed his wife, she heard the wife begging for her life. Who is the declarant? |
|
Definition
|
|
Term
| Jim is on trial for murdering Tom, the investigator is called to testify that after his arrest Jim told him he murdered Tom. Who is the declarant? And must it be true to prove? |
|
Definition
| Jim is the declarant. Yes. |
|
|
Term
| Tom is on trial for murdering Sally and stealing her wedding ring. Tom tells the police that he didn't kill and rob Sally for her wedding ring because Sally gave him her wedding ring two weeks before the murder. The Commonwealth calls Sally's sister to testify that the night before she was killed Sally told her she planned to take her wedding right to be cleaned and resided because she lost so much weight.Who is the declarant? and Must it be true to prove? |
|
Definition
| Sally is the declatant. No all that's important is that Sally had the ring. |
|
|
Term
| Jim is on trial for vehicular manslaughter of his passenger Tom. Jim maintains he was not driving but Tom was. The commonwealth calls a witness to testify that just before the crash Tom called his mom and said Jim was driving him home because he was too drunk to drive. What is this and example of? |
|
Definition
|
|
Term
| Jim is on trail for the vehicular manslaughter of Tom. Tom's mom testifies that Tome died after spending two weeks in a comma and just before he died he screamed out "Jim you fool, your poor driving is going to kill us!!" What is this an example of? |
|
Definition
|
|
Term
| Joe is walking down the street with a brief case which a police officer had P.C. to believe contains cocaine. If the police officer stops Joe and forced him to show him what's in the bag is that a search? |
|
Definition
| Yes that is a search because of the subjective and objective expectation of privacy. |
|
|
Term
| Joe is walking down the street with a brown paper bag containing cocaine and when he sees a police officer he throws that paper bag in a trash can and walks away. If the police retrieve the paper bag is that a search? If the police open the bag is that a search? |
|
Definition
| No, when he throws it away in a public trash can, there is no expectation of privacy. |
|
|
Term
| Joe is in his house and has a brown paper bag containing cocaine. Joe throws the paper bag containing cocaine into his kitchen trash can. If police enter his kitchen and retrieve the cocaine is that a search? |
|
Definition
|
|
Term
| Police see a man standing on the sidewalk. The police go up to the man and say sir, you are under arrest put your hands on the wall. The man then complies and is placed in hand cuffs. Is this a seizure or no? If so when? |
|
Definition
| Yes, this is a seizure. It is a seizure when the man is put in cuffs |
|
|
Term
| Police at airport see a person get off the plane and ask to see her ticket. The police ask her about her name and asked her to come with them to their office where they asked her if they could search her. Is this a seizure? |
|
Definition
| No this is not because they asked her for her permission to search her. |
|
|
Term
| The Police see a man standing on a corner and the man starts to walk away and the police yell at him to stop right there and the man starts to run. The police then chase the man and while running the man drops cocaine. The Police eventually tackle the man. When does the seizure occur? |
|
Definition
| When the police tackle the man. |
|
|
