Free NC BLET Investigations and Evidence Questions and Answers — Questions and Answers
Question 1: An officer properly seizes a firearm at a crime scene. To ensure the firearm's admissibility in court and to protect its integrity, which of the following is the most critical and required process?
- Photographing the firearm from multiple angles before collection.
- Immediately unloading the weapon to make it safe for transport.
- Establishing and meticulously documenting a complete chain of custody. (Correct answer)
- Obtaining a sworn statement from the first person who discovered the firearm.
Correct answer: Establishing and meticulously documenting a complete chain of custody.
The chain of custody is the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of physical evidence. A complete and unbroken chain of custody is required to prove to the court that the evidence presented is the same as what was seized and that it has not been tampered with, substituted, or contaminated.
Question 2: Which of the following best describes the fundamental difference between a law enforcement interview and an interrogation?
- An interview is recorded on video, while an interrogation is only audio recorded.
- An interview is a non-accusatory conversation to gather information, whereas an interrogation is accusatory and designed to elicit an incriminating response. (Correct answer)
- Interviews are only conducted with victims and witnesses, while interrogations are only conducted with suspects.
- An interview can be conducted anywhere, but an interrogation must legally take place in a designated room at a law enforcement facility.
Correct answer: An interview is a non-accusatory conversation to gather information, whereas an interrogation is accusatory and designed to elicit an incriminating response.
The primary distinction lies in the purpose and tone. An interview is a fact-finding process that is typically non-accusatory and conversational, used with victims, witnesses, and sometimes suspects. An interrogation is an accusatory process intended to persuade a suspect to tell the truth and often involves confrontational or psychological tactics to obtain a confession or admission of guilt.
Question 3: An investigator finds a suspect's fingerprint on a glass at a burglary scene. The fingerprint does not, by itself, prove the suspect committed the burglary, but it does establish the suspect was at the location. This fingerprint is best classified as what type of evidence?
- Direct evidence
- Testimonial evidence
- Circumstantial evidence (Correct answer)
- Conclusive evidence
Correct answer: Circumstantial evidence
Circumstantial evidence is indirect evidence that requires an inference to connect it to a conclusion of fact. The fingerprint directly proves the person was present, but it requires the jury to infer that because they were present, they committed the crime. Direct evidence, such as an eyewitness seeing the suspect commit the act, would prove the fact without needing an inference.
Question 4: During an investigation into an armed robbery, a detective receives a credible tip that a different individual, not the current suspect, committed the crime. Under the principles established in *Brady v. Maryland*, what is the detective's responsibility with this information?
- To disregard the information as it contradicts the primary theory of the case.
- To hold the information and use it only if the primary suspect is acquitted.
- To document the information and ensure it is disclosed to the prosecution, who must then provide it to the defense. (Correct answer)
- To investigate the new lead but only disclose it to the prosecutor if it results in an arrest.
Correct answer: To document the information and ensure it is disclosed to the prosecution, who must then provide it to the defense.
The Supreme Court case *Brady v. Maryland* established that the prosecution must turn over all exculpatory evidence to the defense. Exculpatory evidence is any information favorable to the accused that may suggest innocence or reduce punishment. Information pointing to another perpetrator is clearly exculpatory and must be disclosed.
Question 5: An officer responding to a 'shots fired' call finds a victim who has been shot. The victim is in extreme distress and screaming. Just as the officer approaches, the victim shouts, "Mike Jones did this to me!" before falling unconscious. In court, the officer's testimony about this statement would most likely be admissible under which hearsay exception?
- Present Sense Impression
- Dying Declaration
- Business Record Exception
- Excited Utterance (Correct answer)
Correct answer: Excited Utterance
An excited utterance is a statement relating to a startling event, made while the declarant was under the stress or excitement caused by that event. The victim's statement, made immediately after the startling event of being shot and while still under the stress of the incident, fits this exception perfectly. While it might also qualify as a dying declaration if the victim dies, 'excited utterance' is the most fitting description based on the immediate circumstances.
Question 6: Under North Carolina's Eyewitness Identification Reform Act (G.S. 15A-284.52), which of the following is a required instruction that must be given to an eyewitness before a photo or live lineup?
- That the person who committed the crime may or may not be present in the lineup. (Correct answer)
- That the investigation will be closed if they cannot make a positive identification.
- That they should focus on the suspect who most closely resembles the lead investigator's description.
- That their level of confidence in their choice is not important and will not be recorded.
Correct answer: That the person who committed the crime may or may not be present in the lineup.
North Carolina General Statute 15A-284.52 explicitly requires that the lineup administrator instruct the eyewitness that the perpetrator may or may not be in the lineup. This is a key reform designed to reduce the pressure on a witness to choose someone, thereby decreasing the risk of misidentification.
Free NC BLET Investigations and Evidence Questions and Answers
An officer properly seizes a firearm at a crime scene.
To ensure the firearm's admissibility in court and to protect its integrity, which of the following is the most critical and required process?