Question 1

Why must a prosecutor act immediately to challenge a ruling on the inadmissibility of evidence under the exclusionary rule and not wait to appeal until after there is a finding of guilt?

Accepted Answer

Student responses should inclu...

Question 2

Explain why in United States v. Leon the U.S. Supreme Court ruled against Leon and in favor of admitting evidence seized pursuant to a defective warrant.

Accepted Answer

Student responses should include that th...

Question 3

In which of the following cases did the Court find that the defendant had standing to suppress based on unreasonable search and seizure?

Accepted Answer

A)   The police stopped a vehicle believed to have been involved in a robbery. The vehicle contained two passengers-neither of whom owned the vehicle. A search of the vehicle turned up a firearm under the front seat. The passengers filed a motion to suppress the evidence based on an unreasonable search.
B)   The police entered a home without a warrant or consent, looking for a suspected murder who was believed to be an overnight guest in the home. The suspect was found hiding in a closet. The suspect filed a motion to suppress based on an unreasonable search.
C)   Defendant Cox was directed by a police officer to empty the contents of her purse. When she did so, a jar of illegal drugs was among the contents. Her boyfriend, who was with her at the time, claimed the drugs were his. The boyfriend field a motion to suppress based on an unreasonable search.
D)   None of the above cases resulted in a finding of standing.

Question 4

What was the impact of Mapp v. Ohio on state courts?

Accepted Answer

Student responses should inclu...

Question 5

The following represents a brief summary of the facts in the 1963 case Wong Sun v. United States. In this case, federal narcotics agents illegally arrested Toy, who then implicated Yee as drug dealer. Yee was arrested, and drugs were found in Yee's home. Yee then stated that he got the drugs from Wong Sun. Wong Sun is then arrested. Toy, Yee, and Wong Sun were all charged with narcotics violations. Wong Sun was released on his own recognizance. A few days later, Wong Sun voluntarily returned to the police station, was interrogated, and provided statements to federal narcotics officers. The Court was asked to rule on whether the narcotics seized from Yee's home and Wong Sun's confession were fruits of the poisonous tree which, according to the defendants, was Toy's illegal arrest. Explaining and applying the exclusionary rule and any applicable exceptions, discuss how the Court should rule about Yee's claim and about Wong Sun's claim?

Accepted Answer

Student responses should include for Yee...

Question 6

_______________ occurs when the connection between the unlawful search and the seizure of the evidence is weak.

Accepted Answer

A)   A break in the chain of custody
B)   Attenuation
C)   Collateral damage
D)   Self-incrimination B

Question 7

One of the factors considered by the court in determining if the link between the unreasonable search and the seizure of evidence is weak is the length of time that transpired between the two events.

Accepted Answer

A) True 
 B)False

Question 8

Following the Court's ruling in United States v. Calandra (1974), the exclusionary rule is viewed as a doctrine that is not an ironclad requirement of the Fourth Amendment that judges are compelled to apply in every circumstance.

Accepted Answer

A) True 
 B)False

Question 9

If a pretrial motion to suppress evidence is filed in federal court, who bears the burden of proving the reasonableness of the search?

Accepted Answer

A)   If the search was based on a warrant, the burden of proof falls on law enforcement.
B)   If the search was based on a warrant, the burden of proof falls on the defendant.
C)   If the search was conducted without a warrant, the burden of proof falls on the defendant.
D)   The burden of proof falls on law enforcement whether the search was conducted with or without a warrant.

Question 10

Discuss the development of the exclusionary rule from when it was first recognized by the Court in the Weeks case through its application to state court in the Mapp case.

Accepted Answer

Student responses should include the Cou...

Question 11

The burden to prove standing falls on the party alleging the violation of the Fourth Amendment.

Accepted Answer

A) True 
 B)False

Question 12

The good faith exception to the search warrant was recognized by the U.S. Supreme Court in 1984 in United States v. Leon.

Accepted Answer

A) True 
 B)False

Question 13

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 Americ a 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 Elkins v. United States, 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 admissible 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, and Jack could later sue the state agents for violation of his Fourth Amendment right to privacy.

Question 14

Suggested alternate remedies to the exclusionary rule include:

Accepted Answer

A)   Civil tort lawsuits could be filed against the police officers.
B)   Officers could face sanctions ranging from demotions to terminations for their actions.
C)   Officers could be prosecuted for violation of one's civil liberties.
D)   All of the above are suggested alternatives.

Question 15

If evidence seized in an unlawful search is used to attack a witness's credibility during cross-examination, the judge will instruct the jury:

Accepted Answer

A)   That they may consider such evidence as inconsistent with the defendant's testimony when evaluating the defendant's credibility
B)   That they may not consider the evidence in evaluating whether the defendant is guilty
C)   That they are to disregard any reference to the unlawfully obtained evidence
D)   None of the above
E)   Both a and b E

Question 16

In a pretrial challenge to a search conducted based on a warrant, which of the following statements is true?

Accepted Answer

A)   The warrant is presumed to have been issued on evidence that meets the probable cause standard.
B)   The defendant challenging the warrant bears the burden of proving that the warrant lacked probable cause.
C)   The burden of proof required for a defendant to demonstrate that a warrant lacked probable cause is the clear and convincing evidence standard.
D)   All of the above are correct.
E)   Only a and b are correct.

Question 17

What was the basis of the U.S. Supreme Court's recognition of exceptions to the exclusionary rule following its ruling in United States v. Calandra?

Accepted Answer

Student responses should include the Cou...

Question 18

An opposing lawyer's attack on a witness's credibility during cross-examination is called ___________.

Accepted Answer

A)   an objection
B)   impeachment
C)   insurrection
D)   narrative

Question 19

Bob was arrested and charged with conspiracy to commit murder based on evidence that was obtained by the police thorough an illegal wiretap in Bob's co-defendant's phone line. Bob can have this evidence suppressed, based o n a violation of the his Fourth Amendment right to privacy.

Accepted Answer

A) True 
 B)False  False

Question 20

If the government can prove, by a preponderance of the evidence, that without a doubt the evidence would have been discovered in the same condition in a lawful fashion, the evidence may be admitted into evidence as the _______________ exception to the exclusionary rule.

Accepted Answer

A)   inevitable discovery
B)   independent source
C)   good faith
D)   attenuation

Exam 11: The Exclusionary Rule

Why must a prosecutor act immediately to challenge a ruling on the inadmissibility of evidence under the exclusionary rule and not wait to appeal until after there is a finding of guilt?

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

Explain why in United States v. Leon the U.S. Supreme Court ruled against Leon and in favor of admitting evidence seized pursuant to a defective warrant.

Correct Answer
verified
Student responses should include that th...
View Answer

In which of the following cases did the Court find that the defendant had standing to suppress based on unreasonable search and seizure?

Correct Answer
verified

What was the impact of Mapp v. Ohio on state courts?

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

Correct Answer
verified
Student responses should include for Yee...
View Answer

_______________ occurs when the connection between the unlawful search and the seizure of the evidence is weak.

Correct Answer
verified
B

One of the factors considered by the court in determining if the link between the unreasonable search and the seizure of evidence is weak is the length of time that transpired between the two events.

Correct Answer
verified

Following the Court's ruling in United States v. Calandra (1974), the exclusionary rule is viewed as a doctrine that is not an ironclad requirement of the Fourth Amendment that judges are compelled to apply in every circumstance.

Correct Answer
verified

If a pretrial motion to suppress evidence is filed in federal court, who bears the burden of proving the reasonableness of the search?

Correct Answer
verified

Discuss the development of the exclusionary rule from when it was first recognized by the Court in the Weeks case through its application to state court in the Mapp case.

Correct Answer
verified
Student responses should include the Cou...
View Answer

The burden to prove standing falls on the party alleging the violation of the Fourth Amendment.

Correct Answer
verified

The good faith exception to the search warrant was recognized by the U.S. Supreme Court in 1984 in United States v. Leon.

Correct Answer
verified

Correct Answer
verified

Suggested alternate remedies to the exclusionary rule include:

Correct Answer
verified

If evidence seized in an unlawful search is used to attack a witness's credibility during cross-examination, the judge will instruct the jury:

Correct Answer
verified
E

In a pretrial challenge to a search conducted based on a warrant, which of the following statements is true?

Correct Answer
verified

What was the basis of the U.S. Supreme Court's recognition of exceptions to the exclusionary rule following its ruling in United States v. Calandra?

Correct Answer
verified
Student responses should include the Cou...
View Answer

An opposing lawyer's attack on a witness's credibility during cross-examination is called ___________.

Correct Answer
verified

Bob was arrested and charged with conspiracy to commit murder based on evidence that was obtained by the police thorough an illegal wiretap in Bob's co-defendant's phone line. Bob can have this evidence suppressed, based o n a violation of the his Fourth Amendment right to privacy.

Correct Answer
verified
False

If the government can prove, by a preponderance of the evidence, that without a doubt the evidence would have been discovered in the same condition in a lawful fashion, the evidence may be admitted into evidence as the _______________ exception to the exclusionary rule.

Correct Answer
verified

Exam 11: The Exclusionary Rule

Why must a prosecutor act immediately to challenge a ruling on the inadmissibility of evidence under the exclusionary rule and not wait to appeal until after there is a finding of guilt?

Correct AnswerverifiedStudent responses should inclu...View AnswerShow Answer

Explain why in United States v. Leon the U.S. Supreme Court ruled against Leon and in favor of admitting evidence seized pursuant to a defective warrant.

Correct AnswerverifiedStudent responses should include that th...View AnswerShow Answer

In which of the following cases did the Court find that the defendant had standing to suppress based on unreasonable search and seizure?

Correct AnswerverifiedShow Answer

What was the impact of Mapp v. Ohio on state courts?

Correct AnswerverifiedStudent responses should inclu...View AnswerShow Answer

Correct AnswerverifiedStudent responses should include for Yee...View AnswerShow Answer

_______________ occurs when the connection between the unlawful search and the seizure of the evidence is weak.

Correct AnswerverifiedB

One of the factors considered by the court in determining if the link between the unreasonable search and the seizure of evidence is weak is the length of time that transpired between the two events.

Correct AnswerverifiedShow Answer

Following the Court's ruling in United States v. Calandra (1974), the exclusionary rule is viewed as a doctrine that is not an ironclad requirement of the Fourth Amendment that judges are compelled to apply in every circumstance.

Correct AnswerverifiedShow Answer

If a pretrial motion to suppress evidence is filed in federal court, who bears the burden of proving the reasonableness of the search?

Correct AnswerverifiedShow Answer

Discuss the development of the exclusionary rule from when it was first recognized by the Court in the Weeks case through its application to state court in the Mapp case.

Correct AnswerverifiedStudent responses should include the Cou...View AnswerShow Answer

The burden to prove standing falls on the party alleging the violation of the Fourth Amendment.

Correct AnswerverifiedShow Answer

The good faith exception to the search warrant was recognized by the U.S. Supreme Court in 1984 in United States v. Leon.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Suggested alternate remedies to the exclusionary rule include:

Correct AnswerverifiedShow Answer

If evidence seized in an unlawful search is used to attack a witness's credibility during cross-examination, the judge will instruct the jury:

Correct AnswerverifiedE

In a pretrial challenge to a search conducted based on a warrant, which of the following statements is true?

Correct AnswerverifiedShow Answer

What was the basis of the U.S. Supreme Court's recognition of exceptions to the exclusionary rule following its ruling in United States v. Calandra?

Correct AnswerverifiedStudent responses should include the Cou...View AnswerShow Answer

An opposing lawyer's attack on a witness's credibility during cross-examination is called ___________.

Correct AnswerverifiedShow Answer

Bob was arrested and charged with conspiracy to commit murder based on evidence that was obtained by the police thorough an illegal wiretap in Bob's co-defendant's phone line. Bob can have this evidence suppressed, based o n a violation of the his Fourth Amendment right to privacy.

Correct AnswerverifiedFalse

If the government can prove, by a preponderance of the evidence, that without a doubt the evidence would have been discovered in the same condition in a lawful fashion, the evidence may be admitted into evidence as the _______________ exception to the exclusionary rule.

Correct AnswerverifiedShow Answer

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

Correct Answer
verified
Student responses should include that th...
View Answer

Correct Answer
verified

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

Correct Answer
verified
Student responses should include for Yee...
View Answer

Correct Answer
verified
B

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Student responses should include the Cou...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified
Student responses should include the Cou...
View Answer

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified