17 Questions
Which of the following is protected by the Fifth Amendment?
Testifying against oneself
Which case established that a suspect may be compelled to furnish a blood sample?
Schmerber v. California
In which case was it held that a suspect may be compelled to provide a hand writing exemplar?
Gilbert v. California
Which type of evidence is inadmissible if it comes from viewing a photo array containing a picture of the defendant taken during an unlawful arrest?
Photos taken during an unlawful arrest.
Which case established that a suspect may be compelled to provide a voice exemplar?
U.S. v. Dionisio
What is considered by the court when adjudicating motions to suppress eyewitness identification?
Noncompliance with any requirement of this section
What must the jury be instructed when evidence of compliance or noncompliance with this section is presented at trial?
That the jury may consider credible evidence to determine the reliability of eyewitness identifications
Is requesting handwriting and voice samples permitted as part of the identification process according to policing and the 4th Amendment?
Yes
Which actions by police are considered searches and seizures subject to the protections of the Fourth Amendment?
Taking blood samples and breath tests
Which court cases are referenced in relation to the search and seizure protections of the Fourth Amendment in the text?
Fosman v. State and State v. Quartararo
In which case did the U.S. Supreme Court rule that a pretrial identification procedure can invalidate an in-court eye-witness identification if it was impermissibly suggestive?
Simmons v. U.S.
Under what circumstances can a court invalidate an in-court eye-witness identification following a pretrial identification procedure?
If the identification procedure was unnecessarily suggestive
According to the Florida Supreme Court, what determines whether a line-up or photographic spread was unnecessarily suggestive?
The composition of the line-up or photographic spread
What factor will be examined to determine the reliability and suggestiveness of an eye-witness identification?
The opportunity of the witness to view the suspect at the time of the crime
Under what conditions did the court uphold a show-up identification conducted two hours after the crime was committed?
If it occurred during daylight
In Tumblin v. State, why did the victim's in-court identification of the attacker remain reliable despite failing to pick the defendant out of a pre-trial photo line-up?
The victim had ample opportunity to observe defendant during the attack
According to F.S. § 92.70, what must be instructed to the eyewitness before a lineup is conducted?
The perpetrator might or might not be in the lineup
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