​McCormick on Evidence states that _____ “is the slipperiest member of the family of legal terms” because it is used in so many different ways.

​The burden of proof is actually two burdens: the burden of _____ and the burden of _____.

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?​

​The Confrontation Clause is found in the Fifth Amendment.

To fall within the hearsay rule, the declarant’s statement must be a(n) _____ statement.​

​The general rule is that hearsay is _____.

Miranda requires that suspects be informed of the subject of the interrogation before the interrogation begins.​

Case 4.1 While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security, who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck. ​ Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence. The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes, however, the pickup is found in an alleyway, crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away. While patrol searches for the suspects, detectives respond to the Bower residence and find no one home.  They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day.  Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates. ​ Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters. Jack’s shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane claim that they were carjacked two hours prior and had been walking toward the police station.  The two are arrested. A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack’s pockets and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane’s possession.   Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented. Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.The heroin found subsequent to the arrest of Jack and Diane would be considered _____ evidence.​

Sham roadblocks have been held to be _____.

Case 11.3 ​Jack has been released from confinement early and placed on probation. He found a job and rented an apartment in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie Stone.  She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, “Sure, I have nothing to hide.” Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is revoked.Was Jack’s drug test obtained lawfully?