Question 1

The U.S. Supreme Court has ruled that the exclusionary rule does not apply:

Accepted Answer

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 
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

Question 2

Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

Accepted Answer

The difference between the two tests of

Question 3

The deterrence rationale for the exclusionary rule:

Accepted Answer

A)  is based on the idea that courts need to be discouraged from using illegally seized evidence. 
B)  is concerned with deterring judges who issue bad warrants. 
C)  is no longer the primary justification for the rule. 
D)  is based on the belief that excluding good evidence because it was illegally obtained sends a message to law enforcement. 
A)  is based on the idea that courts need to be discouraged from using illegally seized evidence. 
B)  is concerned with deterring judges who issue bad warrants. 
C)  is no longer the primary justification for the rule. 
D)  is based on the belief that excluding good evidence because it was illegally obtained sends a message to law enforcement.

Question 4

Under the collateral use exception to the exclusionary rule, the United States Supreme Court has held that:
I. the government can use evidence illegally seized in grand jury proceedings.
II. the exclusionary rule does not prevent the use of some illegally seized evidence in the government's case-in-chief.
III. victims of the fruits of good faith illegal searches cannot call for its
Suppression.
IV. prosecutors can use illegally seized evidence to impeach the defendant's testimony.

Accepted Answer

A)  I 
B)  III 
C)  II 
D)  IV 
A)  I 
B)  III 
C)  II 
D)  IV

Question 5

The Fourth Amendment:

Accepted Answer

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. 
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.

Question 6

The use of the exclusionary rule:
I. excludes good evidence because of bad practices.
II. puts the search for truth second to the rights of individuals.
III. stands for the proposition that the Constitution supports criminal law enforcement but not at any price.
IV. is not controversial.

Accepted Answer

A)  I, II, III 
B)  I, III, IV 
C)  I, IV 
D)  III 
A)  I, II, III 
B)  I, III, IV 
C)  I, IV 
D)  III

Question 7

According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing suspect:

Accepted Answer

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. 
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.

Question 8

The fruit-of-the-poisonous-tree doctrine refers to:

Accepted Answer

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 
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

Question 9

The constitutional rationale used to justify the exclusionary rule:
I. rests on the idea that the exclusionary rule is an essential part of the right against unreasonable searches and seizures of the Fourth Amendment.
II. views the exclusionary rule as a right.
III. rests on the notion that the exclusionary rule is a mere preventative measure.
IV. includes the notion of preventing illegal law enforcement.

Accepted Answer

A)  I, II, IV 
B)  I, II 
C)  II, IV 
D)  IV 
A)  I, II, IV 
B)  I, II 
C)  II, IV 
D)  IV

Question 10

List and explain five exceptions to the exclusionary rule.

Accepted Answer

There are five major exceptions to the e

Question 11

Which U.S. Supreme Court case established the "fruit of the poisonous tree" doctrine?

Accepted Answer

A)  Silverthorne Lumber Co. v. U.S. 
B)  Mapp v. Ohio 
C)  Weeks v. U.S. 
D)  Wolf v. Colorado 
A)  Silverthorne Lumber Co. v. U.S. 
B)  Mapp v. Ohio 
C)  Weeks v. U.S. 
D)  Wolf v. Colorado

Question 12

According to the dissent in Mapp v. Ohio (1961):

Accepted Answer

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. 
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.

Question 13

Probative evidence is evidence collected by officials according to the requirements of the Fourth Amendment.

Accepted Answer

A) True 
 B)False

Question 14

An amicus curiae brief is:

Accepted Answer

A)  a brief filed in a case by one of the parties to the lawsuit. 
B)  a brief filed with permission of the court by a family relative of one of the parties
In the lawsuit. 
C)  a brief filed without the court's permission. 
D)  a brief filed with the court's permission by someone who isn't a party to the
Lawsuit but has an interest in the case. 
A)  a brief filed in a case by one of the parties to the lawsuit. 
B)  a brief filed with permission of the court by a family relative of one of the parties
In the lawsuit. 
C)  a brief filed without the court's permission. 
D)  a brief filed with the court's permission by someone who isn't a party to the
Lawsuit but has an interest in the case.

Question 15

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.

Accepted Answer

A) True 
 B)False

Question 16

Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.

Accepted Answer

A) True 
 B)False

Question 17

Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:

Accepted Answer

A)  individual rights. 
B)  deterring illegal government conduct. 
C)  judicial integrity. 
D)  promoting equal justice for all citizens. 
A)  individual rights. 
B)  deterring illegal government conduct. 
C)  judicial integrity. 
D)  promoting equal justice for all citizens.

Question 18

The best known and most controversial consequence of illegal government action:

Accepted Answer

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. 
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.

Question 19

The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions.

Accepted Answer

A) True 
 B)False

Question 20

Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

Accepted Answer

There are three justifications behind th

The U.S. Supreme Court has ruled that the exclusionary rule does not apply:

Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

The deterrence rationale for the exclusionary rule:

The Fourth Amendment:

The use of the exclusionary rule: I. excludes good evidence because of bad practices. II. puts the search for truth second to the rights of individuals. III. stands for the proposition that the Constitution supports criminal law enforcement but not at any price. IV. is not controversial.

According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing suspect:

The fruit-of-the-poisonous-tree doctrine refers to:

List and explain five exceptions to the exclusionary rule.

Which U.S. Supreme Court case established the "fruit of the poisonous tree" doctrine?

According to the dissent in Mapp v. Ohio (1961):

Probative evidence is evidence collected by officials according to the requirements of the Fourth Amendment.

An amicus curiae brief is:

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.

Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.

Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:

The best known and most controversial consequence of illegal government action:

The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions.

Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Plain View, Open Fields, Abandonment, and Border Searches

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters

Exam 10: Lineups and Other Means of Pretrial Identification

The U.S. Supreme Court has ruled that the exclusionary rule does not apply:

Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

The deterrence rationale for the exclusionary rule:

The Fourth Amendment:

The use of the exclusionary rule: I. excludes good evidence because of bad practices. II. puts the search for truth second to the rights of individuals. III. stands for the proposition that the Constitution supports criminal law enforcement but not at any price. IV. is not controversial.

According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing suspect:

The fruit-of-the-poisonous-tree doctrine refers to:

List and explain five exceptions to the exclusionary rule.

Which U.S. Supreme Court case established the "fruit of the poisonous tree" doctrine?

According to the dissent in Mapp v. Ohio (1961):

Probative evidence is evidence collected by officials according to the requirements of the Fourth Amendment.

An amicus curiae brief is:

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.

Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.

Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:

The best known and most controversial consequence of illegal government action:

The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions.

Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Plain View, Open Fields, Abandonment, and Border Searches

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters