Question 1

____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

Accepted Answer

A) Plain view 
B) Voluntary consent 
C) Extreme duress 
D) Honest alibi 
A) Plain view 
B) Voluntary consent 
C) Extreme duress 
D) Honest alibi A

Question 2

There are two requirements for the admissibility of evidence obtained in a consent search.Discuss these two requirements in detail.

Accepted Answer

Proof that consent was given voluntarily: Law officers must prove that consent to enter premises or consent to search a person was given voluntarily and was not the product of duress or coercion.Whether consent is voluntary is a question of fact to be determined by the totality of the circumstances.Factors to be considered under this test are the age of the person giving consent (very young or very old); the vulnerability of that person based on mental impairment, lack of education, intoxication, or other similar causes; and the use of threats, promises, deception, or trickery to obtain consent.Courts have held that consent is not necessarily rendered involuntary under the following circumstances:
-The person is not advised of the right to refuse to give consent.This advice is not required, but some officers give it.
-Consent is given by a handcuffed person while officers had their weapons drawn.
-Consent is given while a person was under the influence of drugs.
Proof that consent was obtained from a person with "actual or apparent authority" to grant the consent: The person granting consent to search premises or a vehicle need not be the owner of the property.It is enough if the person giving consent has actual authority (authority to consent to the search is actually possessed by the consenting person) or apparent authority (authority that a reasonable person would believe the consenting person possesses).The driver of a car or a tenant in an apartment building could have actual or apparent authority to consent to a search.However, a co-tenant of an apartment may not give consent over the objection of the other co-tenant (see Georgia v.Randolph below), nor can a landlord or motel manager consent to a search of rented space.

Question 3

Consent is not needed in abandoned nor _______________ circumstances.

Accepted Answer

emergency

Question 4

What are the four factors the U.S.Supreme Court listed in U.S.v.Dunn to help distinguish open fields from the curtilage? Give examples of each.What difference does it make whether property is open fields of curtilage?

Accepted Answer

Curtilage is that area close to a home w

Question 5

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because

Accepted Answer

A) the Fourth Amendment does not apply to private conduct. 
B) the exclusionary rule contains a specific exception for private conduct. 
C) a private citizen cannot act illegally in searching and seizing another person's property. 
D) the private citizen does not have standing. 
A) the Fourth Amendment does not apply to private conduct. 
B) the exclusionary rule contains a specific exception for private conduct. 
C) a private citizen cannot act illegally in searching and seizing another person's property. 
D) the private citizen does not have standing.

Question 6

The federal exclusionary rule applies only in criminal cases.

Accepted Answer

A) True 
 B)False

Question 7

Whether consent is voluntary is a question of fact to be determined by the _____________________.

Accepted Answer

A) mental state at the time 
B) time of day or night 
C) totality of the circumstances 
D) credibility of the person in control of the property 
A) mental state at the time 
B) time of day or night 
C) totality of the circumstances 
D) credibility of the person in control of the property

Question 8

The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.

Accepted Answer

A) True 
 B)False

Question 9

If a person validly and voluntarily _____________ their property, they give up all Fourth Amendment protection for that property.

Accepted Answer

The answer of If a person validly and voluntarily _____________...

Question 10

The Fourth Amendment applies to private persons acting without any government involvement.

Accepted Answer

A) True 
 B)False

Question 11

____________ fields have less Fourth Amendment protection than the home.

Accepted Answer

The answer of ____________ fields have less Fourth Amendment protection...

Question 12

The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases.Such evidence, however, can be used in _______ cases.

Accepted Answer

A) appeals 
B) civil 
C) federal 
D) international 
A) appeals 
B) civil 
C) federal 
D) international

Question 13

In U.S.v._____________, the U.S.Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.

Accepted Answer

The answer of In U.S.v._____________, the U.S.Supreme Court recognized a...

Question 14

The federal exclusionary rule

Accepted Answer

A) applies only in civil cases. 
B) applies only in criminal cases. 
C) applies in criminal cases and civil penalties for tax fraud. 
D) applies in civil and criminal cases. 
A) applies only in civil cases. 
B) applies only in criminal cases. 
C) applies in criminal cases and civil penalties for tax fraud. 
D) applies in civil and criminal cases.

Question 15

In U.S.v.Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule.

Accepted Answer

A) subjective good motives 
B) objective good faith 
C) abandoned property 
D) inevitable discovery 
A) subjective good motives 
B) objective good faith 
C) abandoned property 
D) inevitable discovery

Question 16

If a person abandons property, they

Accepted Answer

A) have no Fourth Amendment rights with regard to that property. 
B) have no Fourth Amendment rights if they attempt to claim the property after the police have seized it. 
C) have a right to sue police who seize the property. 
D) can sue police if police damage the property. 
A) have no Fourth Amendment rights with regard to that property. 
B) have no Fourth Amendment rights if they attempt to claim the property after the police have seized it. 
C) have a right to sue police who seize the property. 
D) can sue police if police damage the property.

Question 17

Discuss under what two conditions a reasonable expectation of privacy can exist.

Accepted Answer

The Fourth Amendment protects people, no

Question 18

If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.

Accepted Answer

A) True 
 B)False

Question 19

Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a ____________ person.

Accepted Answer

The answer of Unless the government is somehow involved, the...

Question 20

The exclusionary rule does not apply at civil jury proceedings and ____________ jury proceedings.

Accepted Answer

The answer of The exclusionary rule does not apply at...

____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

There are two requirements for the admissibility of evidence obtained in a consent search.Discuss these two requirements in detail.

Consent is not needed in abandoned nor _______________ circumstances.

What are the four factors the U.S.Supreme Court listed in U.S.v.Dunn to help distinguish open fields from the curtilage? Give examples of each.What difference does it make whether property is open fields of curtilage?

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because

The federal exclusionary rule applies only in criminal cases.

Whether consent is voluntary is a question of fact to be determined by the _____________________.

The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.

If a person validly and voluntarily _____________ their property, they give up all Fourth Amendment protection for that property.

The Fourth Amendment applies to private persons acting without any government involvement.

____________ fields have less Fourth Amendment protection than the home.

The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases.Such evidence, however, can be used in _______ cases.

In U.S.v._____________, the U.S.Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.

The federal exclusionary rule

In U.S.v.Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule.

If a person abandons property, they

Discuss under what two conditions a reasonable expectation of privacy can exist.

If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.

Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a ____________ person.

The exclusionary rule does not apply at civil jury proceedings and ____________ jury proceedings.

History and Development of the Law of Criminal Justice

Important Aspects of the American Criminal Justice System

Using Evidence to Determine Guilt or Innocence

Direct and Circumstantial Evidence and the Use of Inferences

Witnesses and the Testimony of Witnesses

Judicial Notice, Privileges of Witnesses, and Shield Laws

The Use of Hearsay in the Courtroom

The Confrontation Clause and Exceptions to the Hearsay Rule

The Exclusionary Rule

Special Needs and Administrative Searches

Obtaining Statements and Confessions for Use As Evidence

The Law Governing Identification Evidence

Obtaining Physical and Other Evidence

Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert

The Crime Scene, The Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence

Videotapes, Photographs, Documents, and Writings As Evidence

Scientific Evidence

Filters

Exam 10: Where the Exclusionary Rule Does Not Apply

____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

There are two requirements for the admissibility of evidence obtained in a consent search.Discuss these two requirements in detail.

Consent is not needed in abandoned nor _______________ circumstances.

What are the four factors the U.S.Supreme Court listed in U.S.v.Dunn to help distinguish open fields from the curtilage? Give examples of each.What difference does it make whether property is open fields of curtilage?

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because

The federal exclusionary rule applies only in criminal cases.

Whether consent is voluntary is a question of fact to be determined by the _____________________.

The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.

If a person validly and voluntarily _____________ their property, they give up all Fourth Amendment protection for that property.

The Fourth Amendment applies to private persons acting without any government involvement.

____________ fields have less Fourth Amendment protection than the home.

The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases.Such evidence, however, can be used in _______ cases.

In U.S.v._____________, the U.S.Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.

The federal exclusionary rule

In U.S.v.Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule.

If a person abandons property, they

Discuss under what two conditions a reasonable expectation of privacy can exist.

If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.

Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a ____________ person.

The exclusionary rule does not apply at civil jury proceedings and ____________ jury proceedings.

History and Development of the Law of Criminal Justice

Important Aspects of the American Criminal Justice System

Using Evidence to Determine Guilt or Innocence

Direct and Circumstantial Evidence and the Use of Inferences

Witnesses and the Testimony of Witnesses

Judicial Notice, Privileges of Witnesses, and Shield Laws

The Use of Hearsay in the Courtroom

The Confrontation Clause and Exceptions to the Hearsay Rule

The Exclusionary Rule

Special Needs and Administrative Searches

Obtaining Statements and Confessions for Use As Evidence

The Law Governing Identification Evidence

Obtaining Physical and Other Evidence

Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert

The Crime Scene, The Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence

Videotapes, Photographs, Documents, and Writings As Evidence

Scientific Evidence

Filters