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Upon completion of this course, the student will be able to:
1. Demonstrate a working knowledge of the role of the rules of evidence
through study of the California Evidence Code and the Federal Rules of Evidence.
2. Apply the California Evidence Code to proffered testimonial,
documentary, real, and physical evidence during motions and trial, and
identify the circumstances where evidence can be excluded for legal
reasons.
3. Apply a constitutional basis for evidence including discovery, right
of confrontation, the collection and preservation of evidence, self-
incrimination, and admissions and confessions.
4. Apply the rules of search and seizure to people, houses, and personal
property.
5. Compare the adversarial presentation and examination of evidence.
6. Compare the roles of the district attorney, defense counsel, and trier of fact in
the process of the adversarial presentation and examination of evidence.
7. Define and explain job-related legal terminology concerning the
presentation of evidence.
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I. Introduction to evidence
A. Definition
B. Proof
C. Burden of proof
D. Reasons for the rules of evidence
E. Reasons why evidence could be excluded in court
F. Purposes for offering evidence in court
G. Tests for the admissibility of evidence
H. Sources of evidence law
II. Types of evidence
A. Testimonial
1. Lay witness
2. Expert witness
3. Subpoena
4. Opinion evidence rule
B. Documentary
1. Authentication
2. Best and secondary evidence
3. Gruesome photographs
4. Recording communications
C. Real
1. Authentication
2. Chain of possession
3. Duty to collect and preserve evidence
4. Examples of material objects
D. Demonstrative evidence
E. Physical evidence
F. Relevant evidence
G. Admissions and confessions
H. Hearsay rule
1. Hearsay defined
2. Admissions and confessions
3. Dying declarations
4. Spontaneous statements
5. Business and official records
6. Prior statements of witnesses and past recollection recorded
7. Hearsay testimony of preliminary hearings
8. Consciousness of guilt evidence
9. Propensity evidence
III.Ways of presenting evidence
A. Direct evidence
B. Circumstantial evidence
C. Presumption
D. Inference
E. Judicial notice
F. Stipulation
G. Discovery
IV. Witness competency and credibility
A. Competency
B. Presumption and burden of proof
C. Tests for competency
D. Credibility
E. Impeachment
F. Rehabilitation
V.Privileges and privileged communications
A. Privileges in general
B. Husband-wife testimonial privilege
C. Husband-wife confidential communications privilege
D. Attorney-client privilege
E. Clergy-confessor privilege
F. Doctor-patient privilege
G. Newshield privilege
H. Officer-informant privilege
I. Privilege against self-incrimination
VI. Search and seizure
A. Search and seizure introduction
B. 4th Amendment provisions
1. Definitions
2. Standing
C. Exclusionary Rule
1. Definition
2. Purposes
D. Plain View Doctrine
1. Definition
2. Components
E. Scope of search
F. Detentions and contacts
1. Detention as a seizure
2. Establishing reasonable suspicion to detain
3. Contacts
G. Frisk or pat-down search and plain touch
H. Arrest search
1. Person
2. Dwelling
I. Vehicle search
1. Incident to arrest
2. Probable cause
3. Auto exception
4. Impound and inventory
J. Search warrant
1. Defined
2. Probable cause and affidavit
3. Times of service
4. Knock and notice
5. Scope, fortuitous finds, and inventory
K. Consent search
1. Definition
2. Knowingly and voluntarily
3. Request-choice
4. Admonition
5. Express or implied waiver
6. Constitutional considerations
7. Authority and "no authority"
8. Husband-wife rule and exceptions
9. Cotenant rule and exception
10.Parent-child rule and exceptions
L. Emergency searches
1. Doctrine of Necessity-Exigency
2. Danger to life and limb
3. Danger of serious property damage
4. Escape of suspect
5. Destruction of evidence
6. Once emergency terminates
7. Community care taking function
M. Parole search
1. Defined
2. Cause needed to conduct
3. Prior authorization not required
N. Probation search
1. Defined
2. Cause needed to conduct
3. Prior authorization not required
O. Administrative searches based upon a compelling state interest
P. Forcible seizure of evidence
1. Prevent attempt to swallow evidence
2. Stomach pumping and use of emetics
3. Seizure of blood, fingerprints, and exemplar evidence
VII. Self-incrimination and Miranda
A. When the Miranda Rule applies
1. Adult
2. Minor
B. Custody and interrogation defined
C. Admonition, waiver, assertion
1. Admonition Content
2. Waiver done knowingly, intelligently
D. Effect of silence assertion and exceptions
E. Effect of counsel assertion and exceptions
F. Constitutional Violations
G. Exceptions to Miranda
1. Contacts
2. Traffic stops
3. Detentions
4. Rescue Doctrine and Public Safety
5. General on-scene questioning
6. Voluntary interviews
7. Phone calls
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1. California Evidence Code, current edition
2. California Criminal Evidence Guide: A Handbook for the Criminal Justice Student, 8th Ed. Hill, Raymond M. III. Halleck Creek Publishing: 2008.
3. Unit Guides for the Basic Law Enforcement Course (LD15-Laws of Arrest/Miranda; LD16-Search & Seizure; LD17-Presentation of Evidence, LD2-Criminal Justice System, LD5, Introduction to Law), State of California, Commission on Peace Officer Standards & Training,
2008.
4. Peace Officer's Legal Sourcebook, Department of Justice State of California: Office of the Attorney General: 2008.