Question 1

In the last 3 decades, the U.S. Supreme Court has relied on the good faith exception to the exclusionary rule to uphold the constitutionality of searches in five circumstances. These include all of the following, except:

Accepted Answer

A)   Reliance on a warrant
B)   Reliance on assurance by a judge that the warrant meets the Fourth Amendment standards
C)   Reliance on the apparent authority of a third party to consent
D)   Reliance on a statute that had been declared unconstitutional before the warrant was issueE) A) and C)
F) A) and B)

Question 2

In Brown v. Illinois (1975) , the U.S. Supreme Court articulated three circumstances where there is the attenuation of the taint of an unlawful search. Which of the following is not one of the circumstances articulated by the court?

Accepted Answer

A)   when there is a significant passage of time between the initial illegality and the discovery of the evidence
B)   Where a Number of factors intervene to weaken the connection
C)   When the police mistakenly or unintentionally misinterpret the law
D)   All of the aboveE) C) and D)
F) B) and C)

Question 3

Courts are more apt to find the link between the unreasonable search and the seizure of evidence is weak when they are dealing with testimony rather than physical evidence.

Accepted Answer

A) True 
 B)False

Question 4

Defendant Dan timely filed a motion to suppress evidence at his trial for kidnapping. The trial judge ruled against Dan and allowed the evidence to be admitted into Dan's trial. Dan was ultimately convicted of kidnapping. Dan appeals his conviction based on the admission of the evidence that was the subject of his motion to suppress. What is a possible outcome of Dan's case at the appellate level?

Accepted Answer

A)   If the appellate court sides with Dan, the result is an automatic reversal of the guilty verdict.
B)   If the appellate court sides with Dan, the result will be the reversal of the guilty verdict unless the appellate court finds that the trial judge's decision amounted to harmless error.
C)   If the prosecution can successfully argue beyond a reasonable doubt that there is no reasonable probability that the evidence at issue influenced the outcome of the trial, Dan's conviction will be affirmed by the appellate court.
D)   Both b and c are correct.E) C) and D)
F) All of the above

Question 5

___________ is evidence that is obtained as a result of an unreasonable search.

Accepted Answer

A)   Direct evidence
B)   Derivative evidence
C)   Relevant evidence
D)   Admissible evidenceE) B) and C)
F) A) and B)

Question 6

The difference between the independent source exception and the inevitable discovery exception is:

Accepted Answer

A)   Under the independent source exception, the evidence introduced at trial was obtained legally whereas the evidence introduced at trial under the inevitable discovery exception was not.
B)   The independent source exception relies on a factual finding before the evidence is admitted whereas the inevitable discovery exception necessarily implicates a hypothetical finding before the evidence is admitted.
C)   The independent source exception requires third party information whereas the inevitable discovery exception relies on the idea that the police would have established probable cause for a warrant had they had more time to do so.
D)   Both a and b are both correct.E) A) and D)
F) A) and C)

Question 7

Federal Agent Smith needs additional evidence to arrest Jack, who is suspected of murdering his wife. Time is of the essence as Agent Smith just learned that Jack is scheduled to fly out of the country tomorrow morning to return to his home in South America. Uncertain that he has sufficient time to secure and execute a search warrant before Jack leaves the United States, Agent Smith contacts Sgt. Cane in the city where Jack currently resides and asks Sgt. Cane to go and search Jack's house to find evidence to support the murder charge. Assume Sgt. Cane proceeded to search Jack's home without a warrant. Applying the Court's holding in Wolf v. Colorado, which of the following statements is true about any evidence obtained by Sgt. Cane?

Accepted Answer

A)   The evidence would be admissible in a federal trial against Jack for the murder of his wife since no unreasonable search was conducted by a federal officer.
B)   The evidence would be inadmissible in a federal trial against Jack for the murder of his wife because federal agents participated in the unreasonable search by engaging the local police in their arrest efforts.
C)   The evidence would be inadmissible in a federal trial against Jack for the murder of his wife as the product of an unreasonable search by a state law enforcement officer.
D)   The evidence would be admissible in a federal trial against Jack for the murder of his wife because Jack could later sue the state agents for violation of his Fourth Amendment right to privacy.E) B) and D)
F) A) and B)

Question 8

Which of the following statements is true about the silver platter doctrine?

Accepted Answer

A)   The silver platter doctrine was the process whereby evidence was "served" by state law enforcement officers to federal prosecutors on a "silver platter."
B)   The silver platter doctrine was used by federal agent to circumvent the exclusionary rule.
C)   The silver platter doctrine was ruled unconstitutional by the U.S. Supreme Court in 1960 in Elkins v. United States.
D)   Only a and b are true.
E)   All of the above statements are true.F) D) and E)
G) C) and D)

Question 9

One of the key arguments in support of the exclusionary rule is that the exclusionary rule deters the police, thus serving to prevent future violations, not repair past violations.

Accepted Answer

A) True 
 B)False

Question 10

The good faith exception to the exclusionary rule focuses primarily on the reasonable beliefs of police officers.

Accepted Answer

A) True 
 B)False

Question 11

In Wolf v. Colorado, the U.S. Supreme was called on to address whether evidence seized in violation of the Fourth and Fourteenth Amendments could be used in state court and held that:

Accepted Answer

A)   The exclusionary rule that applied to defendants in federal court also applied to defendants in state court.
B)   The exclusionary rule was an explicit requirement of the Fourth Amendment and equally applicable to the state and federal courts.
C)   The exclusionary rule was a judiciary creation to expedite the trial process.
D)   State courts were not required to exclude from trial evidence that was seized in violation of the Fourteenth Amendment.E) C) and D)
F) None of the above

Question 12

A police officer conducted an unlawful search of Fred's vehicle. When the police office momentarily stepped away from the vehicle, Fred sped away. With the police officer in pursuit, Fred opens the window in the vehicle and voluntarily throws narcotics out the vehicle's window. The drugs are subsequently seized by the police in Fred's arrest for possession of narcotics. Fred files a motion to suppress the narcotics. Applying the attenuation exception, how would the court rule on Fred's motion?

Accepted Answer

A)   The court would deny Fred's motion.
B)   The court would grant Fred's motion.
C)   The court would defer a decision on Fred's motion pending the outcome of the trial.
D)   The court would dismiss Fred's motion for lacking standing.E) A) and B)
F) None of the above

Question 13

In ________________ the U.S. Supreme Court, held that the requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment, and therefore unreasonable searches and seizures by state officials were prohibited.

Accepted Answer

A)   Wolf v. Colorado
B)   Weeks v. United States
C)   Elkins v. United States
D)   Terry v. OhioE) A) and B)
F) A) and C)

Question 14

___________ is a method created by the Court to limit the impact of the exclusionary rule.
3 and

Accepted Answer

A)   Standing
B)   Exceptions to the application of the exclusionary rule
C)   The silver platter doctrine
D)   Both a and bE) C) and D)
F) All of the above

Question 15

One of the arguments against the exclusionary rule is that it undermines the purpose of the criminal trial.

Accepted Answer

A) True 
 B)False

Question 16

Compare and contrast the independent source exception to the inevitable discovery exception.

Accepted Answer

Student responses should include a discu...

Question 17

What two categories of evidence might be obtained during an illegal search that could be deemed inadmissible in court under the exclusionary rule?

Accepted Answer

Student responses should inclu...

Question 18

The first step taken when challenging the reasonableness of a search is:

Accepted Answer

A)   Resist arrest
B)   File a pretrial motion challenging the search
C)   Flee the court's jurisdiction until a judicial determination is made on the constitutionality of the evidence
D)   File a civil suit to recover the illegally seized evidenceE) A) and C)
F) A) and D)

Question 19

In the 1961 case Mapp v. Ohio, the U.S. Supreme Court took the following stance regarding the Exclusionary Rule and state courts:

Accepted Answer

A)   The Fourth Amendment right to privacy, through the Due Process Clause of the Fourteenth Amendment, is enforceable against the states by using the same sanction of exclusion that is used against the federal government.
B)   The exclusionary rule is "part and parcel" and is "an essential part "of the Fourth Amendment.
C)   The exclusionary rule is a safeguard because of its deterrent effect rather than a personal constitutional right of privacy.
D)   Both a and b are correct.
E)   All of the above are correct.F) B) and E)
G) A) and E)

Question 20

The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial.

Accepted Answer

A) True 
 B)False

Exam 11: The Exclusionary Rule

Courts are more apt to find the link between the unreasonable search and the seizure of evidence is weak when they are dealing with testimony rather than physical evidence.

Correct Answer
verified

Correct Answer
verified

In the 1961 case Mapp v. Ohio, the U.S. Supreme Court took the following stance regarding the Exclusionary Rule and state courts:

Correct Answer
verified

The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial.

Correct Answer
verified

The good faith exception to the exclusionary rule focuses primarily on the reasonable beliefs of police officers.

Correct Answer
verified

Compare and contrast the independent source exception to the inevitable discovery exception.

Correct Answer
verified
Student responses should include a discu...
View Answer

In Wolf v. Colorado, the U.S. Supreme was called on to address whether evidence seized in violation of the Fourth and Fourteenth Amendments could be used in state court and held that:

Correct Answer
verified

In Brown v. Illinois (1975) , the U.S. Supreme Court articulated three circumstances where there is the attenuation of the taint of an unlawful search. Which of the following is not one of the circumstances articulated by the court?

Correct Answer
verified

___________ is a method created by the Court to limit the impact of the exclusionary rule. 3 and

Correct Answer
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The difference between the independent source exception and the inevitable discovery exception is:

Correct Answer
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___________ is evidence that is obtained as a result of an unreasonable search.

Correct Answer
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Which of the following statements is true about the silver platter doctrine?

Correct Answer
verified

One of the key arguments in support of the exclusionary rule is that the exclusionary rule deters the police, thus serving to prevent future violations, not repair past violations.

Correct Answer
verified

What two categories of evidence might be obtained during an illegal search that could be deemed inadmissible in court under the exclusionary rule?

Correct Answer
verified
Student responses should inclu...
View Answer

In ________________ the U.S. Supreme Court, held that the requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment, and therefore unreasonable searches and seizures by state officials were prohibited.

Correct Answer
verified

One of the arguments against the exclusionary rule is that it undermines the purpose of the criminal trial.

Correct Answer
verified

In the last 3 decades, the U.S. Supreme Court has relied on the good faith exception to the exclusionary rule to uphold the constitutionality of searches in five circumstances. These include all of the following, except:

Correct Answer
verified

Correct Answer
verified

The first step taken when challenging the reasonableness of a search is:

Correct Answer
verified

Correct Answer
verified

Exam 11: The Exclusionary Rule

Courts are more apt to find the link between the unreasonable search and the seizure of evidence is weak when they are dealing with testimony rather than physical evidence.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In the 1961 case Mapp v. Ohio, the U.S. Supreme Court took the following stance regarding the Exclusionary Rule and state courts:

Correct AnswerverifiedShow Answer

The silver platter doctrine allowed federal prosecutors to use evidence seized illegally by federal agents at trial.

Correct AnswerverifiedShow Answer

The good faith exception to the exclusionary rule focuses primarily on the reasonable beliefs of police officers.

Correct AnswerverifiedShow Answer

Compare and contrast the independent source exception to the inevitable discovery exception.

Correct AnswerverifiedStudent responses should include a discu...View AnswerShow Answer

In Wolf v. Colorado, the U.S. Supreme was called on to address whether evidence seized in violation of the Fourth and Fourteenth Amendments could be used in state court and held that:

Correct AnswerverifiedShow Answer

In Brown v. Illinois (1975) , the U.S. Supreme Court articulated three circumstances where there is the attenuation of the taint of an unlawful search. Which of the following is not one of the circumstances articulated by the court?

Correct AnswerverifiedShow Answer

___________ is a method created by the Court to limit the impact of the exclusionary rule. 3 and

Correct AnswerverifiedShow Answer

The difference between the independent source exception and the inevitable discovery exception is:

Correct AnswerverifiedShow Answer

___________ is evidence that is obtained as a result of an unreasonable search.

Correct AnswerverifiedShow Answer

Which of the following statements is true about the silver platter doctrine?

Correct AnswerverifiedShow Answer

One of the key arguments in support of the exclusionary rule is that the exclusionary rule deters the police, thus serving to prevent future violations, not repair past violations.

Correct AnswerverifiedShow Answer

What two categories of evidence might be obtained during an illegal search that could be deemed inadmissible in court under the exclusionary rule?

Correct AnswerverifiedStudent responses should inclu...View AnswerShow Answer

In ________________ the U.S. Supreme Court, held that the requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment, and therefore unreasonable searches and seizures by state officials were prohibited.

Correct AnswerverifiedShow Answer

One of the arguments against the exclusionary rule is that it undermines the purpose of the criminal trial.

Correct AnswerverifiedShow Answer

In the last 3 decades, the U.S. Supreme Court has relied on the good faith exception to the exclusionary rule to uphold the constitutionality of searches in five circumstances. These include all of the following, except:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The first step taken when challenging the reasonableness of a search is:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Student responses should include a discu...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Student responses should inclu...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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