Evidence & Trial Practice Flashcards
7 cards from real MPOETC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence & Trial Practice flashcards as text
Which standard of proof is required to obtain a search warrant?
Answer: Probable cause
The Fourth Amendment requires probable cause — a reasonable belief based on articulable facts — to obtain a search warrant.
At trial, an officer's written report is typically considered which type of evidence when used to refresh the officer's recollection?
Answer: A past recollection recorded, usable when present memory fails
When a witness cannot recall a matter and a prior writing fails to refresh memory, it may be admitted as a recorded recollection exception to hearsay.
Which of the following describes the 'plain view' doctrine?
Answer: Officers may seize evidence without a warrant if they are lawfully present and the incriminating nature of the item is immediately apparent
The plain view doctrine allows warrantless seizure of evidence when the officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent.
Expert witnesses differ from lay witnesses in that expert witnesses are permitted to:
Answer: Offer opinions beyond common knowledge based on specialized expertise
Expert witnesses, qualified by knowledge, skill, or experience, may offer opinion testimony on matters beyond the understanding of average jurors.
A defendant exercises the right to remain silent after receiving Miranda warnings. At trial, the prosecution may:
Answer: Not use pre-arrest silence against the defendant in most circumstances
Post-Miranda silence generally cannot be used against a defendant at trial; doing so would penalize the exercise of a constitutional right.
When an officer is asked a question on the stand that they do not know the answer to, the CORRECT response is to:
Answer: State 'I don't know' or 'I don't recall' if that is truthful
Saying 'I don't know' or 'I don't recall' when that is true is required — guessing damages credibility and can constitute perjury.
The 'best evidence rule' requires that:
Answer: The original document, recording, or photograph must be produced to prove its contents
The best evidence rule requires the original of a document, recording, or photograph to prove its contents, unless the original is unavailable.