Exam 5: The Exclusionary Rule and the Fourth Amendment
Exam 1: The Evolution of the Law of Criminal Evidence58 Questions
Exam 2: Federalism, Court Systems, and the Criminal Justice Process69 Questions
Exam 3: Forms of Evidence62 Questions
Exam 4: Search and Seizure and the Doctrine of Justification58 Questions
Exam 5: The Exclusionary Rule and the Fourth Amendment62 Questions
Exam 6: Warrantless Searches60 Questions
Exam 7: Confessions56 Questions
Exam 8: Qualifications and Impeachment of Witnesses55 Questions
Exam 9: Examination of Witnesses59 Questions
Exam 10: Hearsay58 Questions
Exam 11: Privileged Communications60 Questions
Exam 12: Documentary and Scientific Evidence59 Questions
Exam 13: Cyber Evidence and Demonstrative Evidence in the Pursuit of Justice59 Questions
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Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it.
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(True/False)
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Correct Answer:
True
Which of the following court case considered whether evidence of narcotics which had been obtained through the involuntary stomach pumping of the defendant should be admissible?
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(Multiple Choice)
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Correct Answer:
B
Explain the definition of an open field and why open fields do not have Fourth Amendment protections. Conclude with your opinion as to why or why not this ruling is right and under what circumstances should or should not the Fourth Amendment apply to open fields.
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(Essay)
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Correct Answer:
An open fields do not have an expectation of privacy and the Fourth Amendment does not apply. The courts have delineated four factors that may be considered:
(1) the proximity of the area in question to the house;
(2) whether the area is enclosed in some way through the use of fences or other enclosures;
(3) the nature and use of the property in question; and, of course
(4) the affirmative actions undertaken by the owner to ensure privacy. Essentially, open fields are accessible to the general public; while curtilage is the enclosed area of land surrounding a dwelling which is protected by the Fourth Amendment. Opinions will vary.
Like the "good faith" exception to the exclusionary rule, the Court has found that information or evidence, which is collected independently of the illegal police action, is not admissible.
(True/False)
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The _____________ rule is a legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden.
(Short Answer)
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What Court case evaluated the admissibility of information gathered by a cellular telephone company after being alerted by authorities that they were being victimized?
(Multiple Choice)
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Match up the court case to the significant outcome :
-Rochin v. California
(Multiple Choice)
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This court case explicitly provided for a reasonable expectation of privacy for overnight guests:
(Multiple Choice)
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Match up the court case to the significant outcome :
-Fahy v. Connecticut
(Multiple Choice)
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The exclusionary rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the United States Constitution, but is simply a judicial remedy for violations involving what Amendment?
(Multiple Choice)
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A variety of exceptions to the exclusionary rule have been enacted since its inception. The first of these was actually considered in Wong Sun and was a direct result of the poisonous fruit doctrine.
(True/False)
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The good faith exception was established in which of the following Court case?
(Multiple Choice)
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What Court case allowed evidence, which was stolen out of the defendant's office by private persons in the employ of the bank for which petitioner worked, to be used in a criminal trial?
(Multiple Choice)
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The exclusionary rule suppresses evidence, which is collected through an illegal police action. It is designed to deter future police misconduct. However, there are some instances in which the Court has allowed the introduction of such evidence. This includes which of the following?
(Multiple Choice)
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What doctrine allowed state authorities to serve up illegally obtained evidence to federal agents?
(Multiple Choice)
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Application of the exclusionary rule by the states was mandated in by what Court case?
(Multiple Choice)
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The attenuation or purged taint exception evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated.
(True/False)
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Match up the court case to the significant outcome :
-Hester v. United States
(Multiple Choice)
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Some areas attached to a private residence is known as____________.
(Short Answer)
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