Question 1

Explain standing and how one establishes that he or she has standing to challenge the introduction of evidence at trial

Accepted Answer

Student responses should inclu...

Question 2

Discuss the constitutional debate both for and against the exclusionary rule.

Accepted Answer

Student responses should include discuss...

Question 3

In Rochin v. California, the U.S. Supreme Court:

Accepted Answer

A)   Re-affirmed its holding in Wolf v. Colorado
B)   Overturned its holding in Wolf v. Colorado
C)   Held that state courts could not admit evidence obtained in a blatantly unreasonably fashion
D)   Created the silver platter doctrine as a way to admit evidence that was seized in violation of the Fourth and Fourteenth Amendments

Question 4

Which of the following represents the rationale for carving exceptions out of the exclusionary rule?

Accepted Answer

A)   The exclusionary rule is a constitutional rule intended to deter the police and protect the integrity of the court.
B)   The exclusionary rule is a judge-made remedy designed to deter unreasonable searches and seizures.
C)   There are times when the amount of deterrence gained from excluding evidence from trial is outweighed by the cost to society that results from the exclusion.
D)   Both b and c

Question 5

The exclusionary rule was established by the U.S. Supreme Court in in 1914 in ______________.

Accepted Answer

A)   Wolf v. Colorado
B)   Weeks v. United States
C)   Elkins v. United States
D)   Terry v. Ohio

Question 6

The following statement is not a correct statement about the collateral proceedings exception:

Accepted Answer

A)   The collateral proceedings exception excludes unlawfully seized evidence from all criminal proceedings associated with the charges, up to and including the formal trial.
B)   The collateral proceedings exception permits the use of unlawfully seized evidence in all criminal proceedings, excluding it only from the formal trial.
C)   The collateral proceedings exception is rooted in the belief there is an interest in a full presentation of the facts.
D)   Excluding evidence from proceedings other than the formal trial provides little additional deterrence from police misconduct.

Question 7

The inevitable discovery exception to the exclusionary rule requires that the government prove by clear and convincing evidence that the evidence unlawfully seized would have been inevitably discovered in the same condition in a lawful fashion.

Accepted Answer

A) True 
 B)False

Question 8

The inevitable discovery rule was first articulated by the U.S. Supreme Court in:

Accepted Answer

A)   Wolf v. Colorado
B)   Silverthorne Lumber Company v. United States
C)   Nix. v. Williams
D)   Murray v. United States

Question 9

In United States v. Leon, the police secured and executed a warrant, seizing cash and narcotics. In response to the defendant's motion to suppress the evidence, the federal district court found that the affidavit supporting the warrant failed to establish the informant's reliability and credibility and did not constitute probable cause. When heard by the U.S. Supreme Court, the Court:

Accepted Answer

A)   Held that the police acted in reasonably good faith reliance on the warrant and that excluding the evidence would be an extreme sanction and was inappropriate
B)   Held that the officers who secured the warrant carried out a thorough and responsible investigation and reasonably believed that the search of the home pursuant to a warrant was founded on probable cause
C)   Held that if the officers been properly trained, they would have known that the search was illegal
D)   All of the above
E)   Only a and b

Question 10

The exclusionary rule is a constitutional right required by the Fourth Amendment as a way to address evidence that is seized in violation of protection against unreasonable search and seizure.

Accepted Answer

A) True 
 B)False

Question 11

Under the independent source exception to the exclusionary rule, evidence seized in violation of the Fourth Amendment is:

Accepted Answer

A)   Inadmissible if the defendant can show that that the police could have obtained sufficient probable cause to obtain a warrant had they sought out an independent source
B)   Admissible if the police are able to demonstrate that the evidence was also obtained through independent and lawful means
C)   Admissible if the evidence was obtained inadvertently during the execution of a valid warrant
D)   Inadmissible unless the police officers can retrace their investigation and establish that probable cause to seize the evidence had been established but not properly articulated

Question 12

The impact of excluding evidence seized during an unreasonable search is:

Accepted Answer

A)   The cost of excluding evidence has led to a large proportion of cases ending in acquittals.
B)   The cost of excluding evidence has led police departments to stress the importance of police professionalism.
C)   The cost of excluding evidence has led police department to add training programs to help police officers legally circumvent the Fourth Amendment.
D)   All of the above are correct.

Question 13

The ______________ is a practice where federal agents rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court.

Accepted Answer

A)   Exclusionary rule
B)   Fruit of poisonous tree doctrine
C)   Silver platter doctrine
D)   Alternate source doctrine

Question 14

The police served a warrant at 347 Main Street, which resulted in the seizure of large quantities of marijuana sitting on the countertops in the kitchen of the residence. Ted, the resident of 347 Main Street is arrested for possession with intent to distribute marijuana. Before his trial, Ted's attorney moves to have the evidence against Ted suppressed after learning that the address on the warrant should have been 437 Main Street and not Ted's residence at 347 Main Street. The prosecution learns that the court clerk inadvertently transposed the 3 and 4, and the warrant was issued with an incorrect address. The evidence against Ted will be suppressed as a result of the clerk's error.

Accepted Answer

A) True 
 B)False

Question 15

If evidence was seized from a warrantless search, which of the following statements is true?

Accepted Answer

A)   The defendant bears the burden of proving that the evidence was seized without probable cause.
B)   The law enforcement officers bear the burden of proving that the search constituted an exception to the search warrant requirement.
C)   The evidence is automatically suppressed if seized without a warrant.
D)   Both a and c are correct.

Question 16

The legal test applied for standing in claims of an alleged violation of the Fourth Amendment prohibition on unreasonable search and seizure requires all of the following, except:

Accepted Answer

A)   Whether the defendant had an objectively reasonable expectation of privacy in the area that was searched
B)   Whether the defendant had a subjectively reasonable expectation of privacy in the area that was searched
C)   Both a and b
D)   Neither a nor b

Question 17

The 1963 case Wong Sun v. United States tested which exception the exclusionary rule?

Accepted Answer

A)   Collateral proceedings
B)   Attenuation
C)   Good faith exception
D)   Inevitable discovery exception

Question 18

Evidence that is seized in an unlawful search may be used for impeachment of the defendant if the defendant takes the stand at his trial.

Accepted Answer

A) True 
 B)False

Question 19

Arguments in support of the exclusionary rule include:

Accepted Answer

A)   Failure to recognize the constitutional status of the exclusionary rule serves to grant the right but in reality to withhold its privilege and enjoyment.
B)   The exclusionary rule is designed to repair past violations, not to prevent future violations.
C)   The protection against unreasonable searches and seizures would be seriously weakened if evidence seized in an unreasonable search cannot be used against an accused at trial.
D)   All of the above are correct.

Question 20

When the link between the unreasonable search and the seizure of evidence is weak, the court may exclude the evidence under the attendance exception.

Accepted Answer

A) True 
 B)False

Exam 11: The Exclusionary Rule

The 1963 case Wong Sun v. United States tested which exception the exclusionary rule?

Correct Answer
verified

The inevitable discovery rule was first articulated by the U.S. Supreme Court in:

Correct Answer
verified

If evidence was seized from a warrantless search, which of the following statements is true?

Correct Answer
verified

The inevitable discovery exception to the exclusionary rule requires that the government prove by clear and convincing evidence that the evidence unlawfully seized would have been inevitably discovered in the same condition in a lawful fashion.

Correct Answer
verified

The exclusionary rule was established by the U.S. Supreme Court in in 1914 in ______________.

Correct Answer
verified

In Rochin v. California, the U.S. Supreme Court:

Correct Answer
verified

Correct Answer
verified

Under the independent source exception to the exclusionary rule, evidence seized in violation of the Fourth Amendment is:

Correct Answer
verified

The following statement is not a correct statement about the collateral proceedings exception:

Correct Answer
verified

Explain standing and how one establishes that he or she has standing to challenge the introduction of evidence at trial

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

Discuss the constitutional debate both for and against the exclusionary rule.

Correct Answer
verified
Student responses should include discuss...
View Answer

Which of the following represents the rationale for carving exceptions out of the exclusionary rule?

Correct Answer
verified

Correct Answer
verified

The legal test applied for standing in claims of an alleged violation of the Fourth Amendment prohibition on unreasonable search and seizure requires all of the following, except:

Correct Answer
verified

Evidence that is seized in an unlawful search may be used for impeachment of the defendant if the defendant takes the stand at his trial.

Correct Answer
verified

The impact of excluding evidence seized during an unreasonable search is:

Correct Answer
verified

Arguments in support of the exclusionary rule include:

Correct Answer
verified

The exclusionary rule is a constitutional right required by the Fourth Amendment as a way to address evidence that is seized in violation of protection against unreasonable search and seizure.

Correct Answer
verified

When the link between the unreasonable search and the seizure of evidence is weak, the court may exclude the evidence under the attendance exception.

Correct Answer
verified

The ______________ is a practice where federal agents rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court.

Correct Answer
verified

Exam 11: The Exclusionary Rule

The 1963 case Wong Sun v. United States tested which exception the exclusionary rule?

Correct AnswerverifiedShow Answer

The inevitable discovery rule was first articulated by the U.S. Supreme Court in:

Correct AnswerverifiedShow Answer

If evidence was seized from a warrantless search, which of the following statements is true?

Correct AnswerverifiedShow Answer

The inevitable discovery exception to the exclusionary rule requires that the government prove by clear and convincing evidence that the evidence unlawfully seized would have been inevitably discovered in the same condition in a lawful fashion.

Correct AnswerverifiedShow Answer

The exclusionary rule was established by the U.S. Supreme Court in in 1914 in ______________.

Correct AnswerverifiedShow Answer

In Rochin v. California, the U.S. Supreme Court:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Under the independent source exception to the exclusionary rule, evidence seized in violation of the Fourth Amendment is:

Correct AnswerverifiedShow Answer

The following statement is not a correct statement about the collateral proceedings exception:

Correct AnswerverifiedShow Answer

Explain standing and how one establishes that he or she has standing to challenge the introduction of evidence at trial

Correct AnswerverifiedStudent responses should inclu...View AnswerShow Answer

Discuss the constitutional debate both for and against the exclusionary rule.

Correct AnswerverifiedStudent responses should include discuss...View AnswerShow Answer

Which of the following represents the rationale for carving exceptions out of the exclusionary rule?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The legal test applied for standing in claims of an alleged violation of the Fourth Amendment prohibition on unreasonable search and seizure requires all of the following, except:

Correct AnswerverifiedShow Answer

Evidence that is seized in an unlawful search may be used for impeachment of the defendant if the defendant takes the stand at his trial.

Correct AnswerverifiedShow Answer

The impact of excluding evidence seized during an unreasonable search is:

Correct AnswerverifiedShow Answer

Arguments in support of the exclusionary rule include:

Correct AnswerverifiedShow Answer

The exclusionary rule is a constitutional right required by the Fourth Amendment as a way to address evidence that is seized in violation of protection against unreasonable search and seizure.

Correct AnswerverifiedShow Answer

When the link between the unreasonable search and the seizure of evidence is weak, the court may exclude the evidence under the attendance exception.

Correct AnswerverifiedShow Answer

The ______________ is a practice where federal agents rely on evidence seized by state officers in violation of the Fourth Amendment for use in federal court.

Correct AnswerverifiedShow Answer

Correct Answer
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Student responses should inclu...
View Answer

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verified
Student responses should include discuss...
View Answer

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Correct Answer
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