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Law
Q:
A protective procedure against violations of constitutional rights is referred to as a(c) _______rule.
a. irreversible
b. prophylactic
c. pro se
d. non-violate
Q:
The text refers to __________ as police actions and procedures that violate any of the five constitutional rights.a. bad evidence b. bad methods c. good methodsd. good evidence
Q:
In Brigham City v. Stuart, the Supreme Court held that police, while not an emergency, could enter a residence to arrest occupants.
a. True
b. False
Q:
Warrantless searches and seizures inside a home are presumptively (generally) unreasonable under the Fourth Amendment.
a. True
b. False
Q:
According to your text, what percent of all criminal cases will be dismissed because the police seized evidence illegally?a. Less than one-tenth of 1 percentb. 1% c. 5% d. 10%
Q:
In California v. Carney, the U.S. Supreme Court refused to expand the automobile exception to cover mobile/movable motor home.
a. True
b. False
Q:
U.S. v Leon (1984) created the:a. good faith exception.b. knock-and-announce rule. c. exclusionary rule.d. distinction between good evidence and bad evidence.
Q:
People have the same degree of protection under the Fourth Amendment in their home as they do in their automobile.
a. True
b. False
Q:
Which of the following is NOT a direct exception to the exclusionary rule?a. Knock-and-announce b. Cross-examinationc. Non-trial proceedingsd. The case-in-chief part of the trial
Q:
In Thornton v. U.S. (2004), the Supreme Court expanded the authority of officers to search vehicles incident to a lawful arrest.
a. True
b. False
Q:
During a traffic stop, the Fourth Amendment prohibits officers from looking into the interior of the vehicle.
a. True
b. False
Q:
Which of the following is TRUE regarding the knock-and-announce exception?
a. This exception permits the admission of evidence seized during searches of homes, even when officers violate the knock-and-announce rule.
b. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule can be excluded from trial, but only at the discretion of the prosecutor.
c. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is automatically excluded from trial.
d. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is excluded from trial if a judge determines knock-and-announce was violated through a special suppression hearing.
Q:
One set of exceptions to the warrant requirement involves exigent circumstances.
a. True
b. False
Q:
The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:
a. there was reason to believe that the arresting officer who conducted the search should have investigated whether the warrant was recalled
b. the officer did not honestly believe he was acting in good faith
c. negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule
d. probable cause was required to conduct the search
Q:
According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
b. the good faith of officers is irrelevant to the determination whether or not to exclude evidence.
c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in record keeping was negligent but not reckless
Q:
Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the occupants while the search is going on.
a. True
b. False
Q:
There are no exceptions to the knock and announce rule for executing warrants.
a. True
b. False
Q:
U.S. v. Moscatiello (1985) involved police use of plain view at a physical location where they had no right to be (a warehouse). Although they observed contraband in the form of marijuana, they maintained surveillance and secured a warrant without using the drug observations as a part of their probable cause. This decision created what exception to the exclusionary rule?a. Independent source exception b. Inevitable discovery exception c. Good faith exceptiond. Public safety exception
Q:
The general rule is that, when executing warrants, officers must knock, announce, and wait a reasonable amount of time before making a forcible entry.
a. True
b. False
Q:
According to the dissent in Mapp v. Ohio (1961):a. the exclusionary rule is an integral part of the Fourth Amendment.b. because the Fourth Amendment applies to the states so also must the exclusionary rule.c. the federal exclusionary remedy should not be imposed on the states.d. the exclusionary rule is totally ineffective in controlling police behavior.
Q:
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
Q:
The exclusionary rule is a vehicle to protect the _______Amendment.
a. First
b. Fourth
c. Eighth
d. Fourteenth
Q:
An arrest warrant confers a limited authority to enter the dwelling in which the suspect resides when there is reason to believe the suspect is inside.
a. True
b. False
Q:
The first clause of the Fourth Amendment prohibits unreasonable searches and seizures.
a. True
b. False
Q:
Which of the following is NOT one of the three established justifications for the exclusionary rule?
a. Deterrence justification
b. Constitutional justification
c. Judicial integrity justification
d. State's right justification
Q:
Inventory searches may be conducted only on reasonable suspicion.
a. True
b. False
Q:
The ________justification stems from an ancient legal saying, "There's no right without a remedy."a. poisonous treeb. deterrencec. constitutional right d. prophylactic rule
Q:
The Supreme Court's decision in Weeks v. U.S.in 1914 is significant because it:a. began the Fourth Amendment's annexation of the exclusionary rule.b. held that the exclusionary rule applies to state court criminal proceedings.c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Q:
An anonymous phone call alone cannot create reasonable suspicion.
a. True
b. False
Q:
Reasonable suspicion of drug trafficking is all that is needed for officers to make arrests.
a. True
b. False
Q:
The 1961 case that reversed Wolf v Coloradoand made the states follow the exclusionary rule was:
a. Terry v Ohio
b. Mapp v Ohio
c. Mapp v Weeks
d. Miranda v. Arizona
Q:
The first case to hold that unreasonable searches and seizures by state police violate defendant's due process rights (Fourteenth Amendment) but did not say how the states had to enforce it was:a. Silverthorne Lumber Co. v. U.S.b. Mapp v. Ohioc. Weeks v. U.S.d. Wolf v. Colorado
Q:
Terry stops are authorized only on probable cause.
a. True
b. False
Q:
The deterrence rationale for the exclusionary rule is:
a. concerned with deterring judges who issue bad warrants.
b. no longer the primary justification for the rule.
c. based on the belief that excluding good evidence because it was illegally obtained sends a message to law enforcement.
d. based on the idea that courts need to be discouraged from using illegally seized evidence.
Q:
A Terry stop is a brief, investigative detention that falls short of an arrest.
a. True
b. False
Q:
Empirical research on the exclusionary rule suggests that:a. the rule has no deterrent effect.b. the social cost of the rule may be overstated and the deterrent effect of the rule may be understated.c. the social cost of the rule is as high as the Supreme Court claims. d. the deterrent effect of the rule is overstated.
Q:
The Fourth Amendment applies to voluntary encounters.
a. True
b. False
Q:
The U.S. Supreme Court gave birth to the exclusionary rule in what landmark 1914 decision?
a. Weeks v. U.S.
b. Wolf v. Colorado
c. Mapp v. Ohio
d. Silverthorne Lumber Co. v. U.S.
Q:
Is a motorist who is stopped by the police for a traffic violation, under normal circumstances, considered being in "˜custody"? Why or why not?
Q:
The U.S. Supreme Court has ruled that the exclusionary rule does not apply:
a. when there is overwhelming evidence of a defendant's guilt
b. in murder and aggravated sexual assault cases
c. if the defendant waives his or her Fourth Amendment rights
d. to collateral proceedings
Q:
Discuss the exceptions to the Fourth Amendment's search warrant requirement recognized by the Supreme Court.
Q:
Discuss the automobile exception and how if differs from entering a residence in terms of probable cause.
Q:
The fruit-of-the-poisonous-tree doctrine refers to:
a. the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity
b. the expansion of the exclusionary rule to include contraband
c. applying the exclusionary rule to constitutional violations committed by judicial personnel
d. applying the exclusionary rule to constitutional violations committed by state law enforcement officials
Q:
Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
Q:
Explain the concept of community caretaking. What impact does this have on obtaining evidence of criminal conduct?
Q:
Discuss and explain four exceptions to the warrant requirement. What are the prerequisites for each exception? Be sure to provide examples.
Q:
Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?a. The attenuation exceptionb. The independent source exceptionc. The inevitable discovery exceptiond. The fruit of the poisonous tree exception
Q:
Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
Q:
In general, under the Fourth Amendment, what is the required procedure when police arrive at a residence to serve a warrant? When are these requirements excused? Be sure to provide examples.
Q:
Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops. Be sure to provide examples.
Q:
The exclusionary rule does not apply to:a. the government's case in chief.b. any part of the trial on guilt or innocence.c. cross-examination of the defendant.d. capital punishment trials.
Q:
In order to be lawful, a traffic stop must be temporary, ____________________ and in public.
Q:
In using deterrence as the justification for excluding valid evidence, the Court weighs the:
a. evidence of guilt against nature of the constitutional violation.
b. social costs against the deterrent effect.
c. honesty of the courts
d. fact that there is not right without a remedy
Q:
Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:
a. individual rights.
b. deterring illegal government conduct.
c. judicial integrity.
d. promoting equal justice for all citizens.
Q:
____________________ suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.
Q:
Although the term ____________________ is of recent vintage, the underlying rule that where the front door of a home is accessible to the public the police may approach it is longstanding.
Q:
The automobile exception has a ____________________ right of privacy from homes.
Q:
Which of the following is NOT a potential negative consequence of the exclusionary rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
Q:
The U.S. Supreme Court has relied on three justifications for throwing out good evidence. Which of the following is NOT one of these three justifications?a. Deterrence b. Good faithc. Judicial integrityd. Constitutional right
Q:
At a minimum, stop and frisk require that the officer have ____________________ suspicion.
Q:
The Fourth Amendment:
a. has a specific provision that requires the exclusion of evidence gathered in violation of the Amendment.
b. spells out all of the remedies available to defendants when evidence is illegally gathered.
c. requires courts to exclude illegally gathered evidence.
d. does not mention any remedies available when evidence has been gathered in violation of the Amendment.
Q:
In the year ____________________ the Supreme Court in Carroll v. U.S. first recognized the automobile exception to the warrant clause.
Q:
In Brendlin v. California, the Supreme Court held that the passenger was _____________________ by the traffic stop.
Q:
The best known and most controversial consequence of illegal government action:
a. are civil law suits for damages against police departments.
b. is the criminal prosecution of police officers.
c. is the exclusionary rule.
d. is the suspension or dismissal of police officers.
Q:
What is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with?a. Bad evidence b. Good evidence c. Bad methodsd. Exclusionary evidence
Q:
Discuss three of the findings with regard to social costs and deterrence of the exclusionary rule.
Q:
In a suppression hearing brought by the defendant, the ____________________ has the burden of demonstrating that an exception to the warrant requirement covers any particular warrantless search or seizure.
Q:
____________________ stops are utilized thousands of times annually for drivers that are speeding or have equipment violations.
Q:
Discuss two U.S. Supreme Court opinions that expend the good-faith exception.
Q:
Detail five possible negative effects of the exclusionary rule.
Q:
Warrantless searches and seizures inside a _____________________ are presumptively (generally) unreasonable under the Fourth Amendment.
Q:
The general rule is that police may not enter a person's home to make an arrest of that person unless police have a search or arrest ____________________.
Q:
Explain five exceptions to the exclusionary rule.
Q:
Inventory searches are ____________________-type searches, not searches for incriminating evidence or weapons.
Q:
Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?
Q:
According to the U.S. Supreme Court, a Terry stop requires ____________________.
Q:
Brief investigative detentions based on reasonable suspicion are referred to as _____________________ stops.
Q:
The three justifications for the exclusionary rule are the constitutional justification, the deterrence justification, and the __________justification.
Q:
The _______ justification stems from an ancient legal saying, "There's no right without a remedy."
Q:
Search and seizure protections are found in the ____________________ Amendment.