Question 1

An electronic tracking device:

Accepted Answer

A) can never intrude upon a recognized right of privacy. 
B) always intrudes upon a recognized right of privacy. 
C) cannot intrude upon privacy rights in open fields. 
D) may intrude upon privacy rights in a dwelling. 
A) can never intrude upon a recognized right of privacy. 
B) always intrudes upon a recognized right of privacy. 
C) cannot intrude upon privacy rights in open fields. 
D) may intrude upon privacy rights in a dwelling. D

Question 2

The exclusionary rule is normally inapplicable:

Accepted Answer

A) at collateral proceedings not relevant to guilt or innocence. 
B) in state courts. 
C) to emergency searches. 
D) to the investigative stages of the criminal justice system. 
A) at collateral proceedings not relevant to guilt or innocence. 
B) in state courts. 
C) to emergency searches. 
D) to the investigative stages of the criminal justice system. A

Question 3

D was the driver of a vehicle involved in a fatal accident.At the direction of the police, a doctor drew blood from D without her consent.The blood tested positive for alcohol.At trial the judge should:

Accepted Answer

A) admit the blood test because of the fatal accident. 
B) admit the blood test if the police had probable cause to arrest and search. 
C) admit the blood test because drawing blood does not constitute a search. 
D) exclude the blood test as compelled self-incrimination. 
A) admit the blood test because of the fatal accident. 
B) admit the blood test if the police had probable cause to arrest and search. 
C) admit the blood test because drawing blood does not constitute a search. 
D) exclude the blood test as compelled self-incrimination. B

Question 4

The Fourth Amendment does not apply to:

Accepted Answer

A) wiretaps. 
B) deceiving individuals into revealing information. 
C) electronic eavesdropping. 
D) recording conversations. 
A) wiretaps. 
B) deceiving individuals into revealing information. 
C) electronic eavesdropping. 
D) recording conversations.

Question 5

The doctrine of inevitable discovery allows the court to admit evidence that:

Accepted Answer

A) was discovered by means independent of the illegal search. 
B) would have been discovered by lawful means. 
C) was derivative, not primary evidence. 
D) is necessary for a determination of factual guilt. 
A) was discovered by means independent of the illegal search. 
B) would have been discovered by lawful means. 
C) was derivative, not primary evidence. 
D) is necessary for a determination of factual guilt.

Question 6

Standing to invoke the exclusionary rule requires that:

Accepted Answer

A) the defendant be harmed by the introduction of the evidence. 
B) the defendant was the target of the search for evidence. 
C) the defendant's personal right to privacy was violated. 
D) there was a trespass upon the defendant's property rights. 
A) the defendant be harmed by the introduction of the evidence. 
B) the defendant was the target of the search for evidence. 
C) the defendant's personal right to privacy was violated. 
D) there was a trespass upon the defendant's property rights.

Question 7

Only a person whose rights have been violated may invoke the exclusionary rule.This is known as:

Accepted Answer

A) standing. 
B) immunity. 
C) jurisdiction. 
D) claim of law. 
A) standing. 
B) immunity. 
C) jurisdiction. 
D) claim of law.

Question 8

Evidence derived from constitutional violations is called:

Accepted Answer

A) good faith evidence. 
B) unethical evidence. 
C) silver platter evidence. 
D) fruit of the poisonous tree. 
A) good faith evidence. 
B) unethical evidence. 
C) silver platter evidence. 
D) fruit of the poisonous tree.

Question 9

The prime purpose of the exclusionary rule is:

Accepted Answer

A) to deter unlawful police conduct. 
B) to prevent self-incrimination. 
C) to encourage police to obtain search warrants. 
D) judicial efficiency. 
A) to deter unlawful police conduct. 
B) to prevent self-incrimination. 
C) to encourage police to obtain search warrants. 
D) judicial efficiency.

Question 10

Derivative evidence may be suppressed when:

Accepted Answer

A) there is no primary evidence to suppress. 
B) the judge's sense of fair play is offended. 
C) it was found as a result of a prior illegal search. 
D) due process is violated. 
A) there is no primary evidence to suppress. 
B) the judge's sense of fair play is offended. 
C) it was found as a result of a prior illegal search. 
D) due process is violated.

Question 11

Which of the following is a factor in determining whether evidence should be excluded?

Accepted Answer

A) The time period between misconduct and acquisition of evidence 
B) The seriousness of the charged offense 
C) The experience level of the police officer obtaining the evidence 
D) The importance of the evidence to the prosecution 
A) The time period between misconduct and acquisition of evidence 
B) The seriousness of the charged offense 
C) The experience level of the police officer obtaining the evidence 
D) The importance of the evidence to the prosecution

Question 12

The good faith exception to the exclusionary rule allows the court to admit evidence:

Accepted Answer

A) offered in good faith by the prosecutor. 
B) seized in good faith by the police. 
C) seized in good faith by the police who relied on a search warrant. 
D) seized in good faith by the police who had probable cause to search. 
A) offered in good faith by the prosecutor. 
B) seized in good faith by the police. 
C) seized in good faith by the police who relied on a search warrant. 
D) seized in good faith by the police who had probable cause to search.

Question 13

The exclusionary rule applies to:

Accepted Answer

A) police officials. 
B) government agents. 
C) private parties acting as government agents. 
D) all of the above. 
A) police officials. 
B) government agents. 
C) private parties acting as government agents. 
D) all of the above.

Question 14

The exclusionary rule:

Accepted Answer

A) bans all illegally obtained evidence from all proceedings. 
B) limits the prosecutor's but not the jury's use of evidence. 
C) does not prevent prosecutors from using illegally seized evidence to impeach the defendant's testimony. 
D) bans use of illegally obtained evidence by grand juries. 
A) bans all illegally obtained evidence from all proceedings. 
B) limits the prosecutor's but not the jury's use of evidence. 
C) does not prevent prosecutors from using illegally seized evidence to impeach the defendant's testimony. 
D) bans use of illegally obtained evidence by grand juries.

An electronic tracking device:

The exclusionary rule is normally inapplicable:

D was the driver of a vehicle involved in a fatal accident.At the direction of the police, a doctor drew blood from D without her consent.The blood tested positive for alcohol.At trial the judge should:

The Fourth Amendment does not apply to:

The doctrine of inevitable discovery allows the court to admit evidence that:

Standing to invoke the exclusionary rule requires that:

Only a person whose rights have been violated may invoke the exclusionary rule.This is known as:

Evidence derived from constitutional violations is called:

The prime purpose of the exclusionary rule is:

Derivative evidence may be suppressed when:

Which of the following is a factor in determining whether evidence should be excluded?

The good faith exception to the exclusionary rule allows the court to admit evidence:

The exclusionary rule applies to:

The exclusionary rule:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters

Exam 11: Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

An electronic tracking device:

The exclusionary rule is normally inapplicable:

D was the driver of a vehicle involved in a fatal accident.At the direction of the police, a doctor drew blood from D without her consent.The blood tested positive for alcohol.At trial the judge should:

The Fourth Amendment does not apply to:

The doctrine of inevitable discovery allows the court to admit evidence that:

Standing to invoke the exclusionary rule requires that:

Only a person whose rights have been violated may invoke the exclusionary rule.This is known as:

Evidence derived from constitutional violations is called:

The prime purpose of the exclusionary rule is:

Derivative evidence may be suppressed when:

Which of the following is a factor in determining whether evidence should be excluded?

The good faith exception to the exclusionary rule allows the court to admit evidence:

The exclusionary rule applies to:

The exclusionary rule:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters