Question 1

The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.

Accepted Answer

A) True 
 B)False  False

Question 2

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

Accepted Answer

A) at a Grand Jury hearing 
B) at a trial in civil court 
C) at a parole revocation hearings 
D) the evidence will be admissible at all of these proceedings 
A) at a Grand Jury hearing 
B) at a trial in civil court 
C) at a parole revocation hearings 
D) the evidence will be admissible at all of these proceedings D

Question 3

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

Accepted Answer

A) True 
 B)False  False

Question 4

The Fruit of the Poison Tree Doctrine:

Accepted Answer

A) makes all evidence obtained in violation of the Fourth Amendment inadmissible at trial 
B)  makes evidence derived from evidence found in violations of the Fourth Amendment inadmissible at trial 
C) only applies to evidence obtained in violation of the Fifth Amendment 
D) was abolished by the Supreme Court in the Wong Sun case 
A) makes all evidence obtained in violation of the Fourth Amendment inadmissible at trial 
B)  makes evidence derived from evidence found in violations of the Fourth Amendment inadmissible at trial 
C) only applies to evidence obtained in violation of the Fifth Amendment 
D) was abolished by the Supreme Court in the Wong Sun case

Question 5

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

Accepted Answer

A) True 
 B)False

Question 6

When executing a search warrant, officers may:

Accepted Answer

A) search only in locations specifically described in the warrant 
B) conduct a thorough search of the entire building 
C) thoroughly search the area described and any people who are present 
D) thoroughly search the area described for evidence of all types of criminal activity 
A) search only in locations specifically described in the warrant 
B) conduct a thorough search of the entire building 
C) thoroughly search the area described and any people who are present 
D) thoroughly search the area described for evidence of all types of criminal activity

Question 7

Did Officer Allen conduct a search when he went to the store and looked at items in the display case

Accepted Answer

A) Yes, he was there searching for evidence that Brian sold stolen jewelry. 
B) Yes, Brian's store was private property. 
C) No, he did not invade Brian privacy by looking at items on display for the public to view. 
D) No, he did not remove anything from the display case. 
A) Yes, he was there searching for evidence that Brian sold stolen jewelry. 
B) Yes, Brian's store was private property. 
C) No, he did not invade Brian privacy by looking at items on display for the public to view. 
D) No, he did not remove anything from the display case.

Question 8

The erroneous admission of illegally seized evidence at trial is grounds for automatic reversal of a conviction.

Accepted Answer

A) True 
 B)False

Question 9

Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial

Accepted Answer

A) Yes, absent an emergency, officers must comply with "Knock-and-Announce." 
B) Yes, the fact that Officer Allen conducted a protective sweep proves that he believed someone was in the apartment. 
C) No, Officer does not have to comply with "Knock-and-Announce" because he knew Dan was in jail. 
D) No, Officer Allen's failure to comply with "Knock-and-Announce" does not result in suppression of evidence because he was executing a search warrant. 
A) Yes, absent an emergency, officers must comply with "Knock-and-Announce." 
B) Yes, the fact that Officer Allen conducted a protective sweep proves that he believed someone was in the apartment. 
C) No, Officer does not have to comply with "Knock-and-Announce" because he knew Dan was in jail. 
D) No, Officer Allen's failure to comply with "Knock-and-Announce" does not result in suppression of evidence because he was executing a search warrant.

Question 10

The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

Accepted Answer

A) True 
 B)False

Question 11

The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

Accepted Answer

A) True 
 B)False

Question 12

Describe the history of the Exclusionary Rule in the United States Supreme Court.

Accepted Answer

In the 1914 case of Weeks v.U.S.the Supr

Question 13

The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

Accepted Answer

A) True 
 B)False

Question 14

Will the counterfeit $20 bills be admissible if Dan is charged in federal court with possession of counterfeit money

Accepted Answer

A) Yes, the counterfeit bills were seized during the execution of a warrant. 
B) Yes, counterfeiting is a federal crime. 
C) No, evidence seized in violation of Dan's rights by a city police officer is not admissible in federal court. 
D) No, only evidence legally seized by federal agents is admissible in federal court . 
A) Yes, the counterfeit bills were seized during the execution of a warrant. 
B) Yes, counterfeiting is a federal crime. 
C) No, evidence seized in violation of Dan's rights by a city police officer is not admissible in federal court. 
D) No, only evidence legally seized by federal agents is admissible in federal court .

Question 15

Will the illegal assault rifle be admissible because it was found during a protective sweep

Accepted Answer

A) Yes, Officer Allen automatically had the right to seize illegal weapons. 
B) Yes, Officer Allen automatically had the right to search the immediate area for someone who might ambush him. 
C) No, a protective sweep may be done for Officer Allen's safety, but he is not allowed to seize evidence when doing so. 
D) No, there was no right to do a protective sweep because Officer Allen knew that Dan was in jail. 
A) Yes, Officer Allen automatically had the right to seize illegal weapons. 
B) Yes, Officer Allen automatically had the right to search the immediate area for someone who might ambush him. 
C) No, a protective sweep may be done for Officer Allen's safety, but he is not allowed to seize evidence when doing so. 
D) No, there was no right to do a protective sweep because Officer Allen knew that Dan was in jail.

Question 16

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

Accepted Answer

A) True 
 B)False

Question 17

Can Brian's attorney successful challenge the search warrant before trial

Accepted Answer

A) Yes, the warrant should have restricted the search to the type of stolen items Brian was suspected of selling. 
B) Yes, the warrant was not valid on its face because the judge's signature was not legible. 
C) No, defense attorneys can challenge searches done without a warrant but not those a judge authorized in a search warrant. 
D) No, the facts used to obtain the search warrant established probable cause. 
A) Yes, the warrant should have restricted the search to the type of stolen items Brian was suspected of selling. 
B) Yes, the warrant was not valid on its face because the judge's signature was not legible. 
C) No, defense attorneys can challenge searches done without a warrant but not those a judge authorized in a search warrant. 
D) No, the facts used to obtain the search warrant established probable cause.

Question 18

Search warrants are issued by the prosecutor.

Accepted Answer

A) True 
 B)False

Question 19

Can Officer Allen search Dan and Eric for weapons

Accepted Answer

A) Yes, search warrants include the right to search everyone present for weapons. 
B) Yes, officers are allowed to conduct a search for their protection if they suspect people are armed. 
C) No, officers may not conduct any type of search not specifically mentioned in the search warrant. 
D) No, Dan and Eric may be detained but they cannot be searched. 
A) Yes, search warrants include the right to search everyone present for weapons. 
B) Yes, officers are allowed to conduct a search for their protection if they suspect people are armed. 
C) No, officers may not conduct any type of search not specifically mentioned in the search warrant. 
D) No, Dan and Eric may be detained but they cannot be searched.

Question 20

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

Accepted Answer

A) True 
 B)False

The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

The Fruit of the Poison Tree Doctrine:

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

When executing a search warrant, officers may:

Did Officer Allen conduct a search when he went to the store and looked at items in the display case

The erroneous admission of illegally seized evidence at trial is grounds for automatic reversal of a conviction.

Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial

The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

Describe the history of the Exclusionary Rule in the United States Supreme Court.

The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

Will the counterfeit $20 bills be admissible if Dan is charged in federal court with possession of counterfeit money

Will the illegal assault rifle be admissible because it was found during a protective sweep

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

Can Brian's attorney successful challenge the search warrant before trial

Search warrants are issued by the prosecutor.

Can Officer Allen search Dan and Eric for weapons

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

Introduction

The Role of the Courts

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Field Interviews, Arrests, and Jail Searches

Plain View, Consent, Vehicles, and Administrative Searches

Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters

Exam 11: Developing Law of Search and Seizure

The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

The Fruit of the Poison Tree Doctrine:

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

When executing a search warrant, officers may:

Did Officer Allen conduct a search when he went to the store and looked at items in the display case

The erroneous admission of illegally seized evidence at trial is grounds for automatic reversal of a conviction.

Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial

The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

Describe the history of the Exclusionary Rule in the United States Supreme Court.

The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

Will the counterfeit $20 bills be admissible if Dan is charged in federal court with possession of counterfeit money

Will the illegal assault rifle be admissible because it was found during a protective sweep

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

Can Brian's attorney successful challenge the search warrant before trial

Search warrants are issued by the prosecutor.

Can Officer Allen search Dan and Eric for weapons

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

Introduction

The Role of the Courts

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Field Interviews, Arrests, and Jail Searches

Plain View, Consent, Vehicles, and Administrative Searches

Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters