Exam 11: Developing Law of Search and Seizure

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The Fourth Amendment prohibits:

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The Exclusionary Rule currently applies:

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A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

(True/False)
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Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

(True/False)
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What is the purpose of the "return" on a warrant

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Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

(True/False)
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Officer Jones obtained a confession in violation of Miranda.In the confession, the suspect indicated he had hidden the stolen diamonds in the park in a soft drink can.A city park ranger found the diamonds before the police had a chance to recover them.The diamonds will be admissible at trial based on:

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If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed

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The "totality of the circumstances test" established in Illinois v.Gates:

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Describe what should be done when officers execute a search warrant in a home.

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Facts used to support probable cause for a search warrant:

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State the Fourth Amendment and explain key concepts.

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What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant

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If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

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A search warrant is not valid if the facts used to establish probable cause were stale.

(True/False)
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Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

(True/False)
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If officers legally obtain a search warrant but fail to follow proper knock-and-announce procedures:

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George was arrested for kidnapping someone for ransom.The kidnap victim, who had severe medical problems and needed regular medication, had not been found.Immediately upon handcuffing George, an officer demanded to know where the victim was.George gave the officer the address.George's statement will be:

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The Fourth Amendment only applies to the issuing of search and arrest warrants.

(True/False)
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Assume that the police illegally arrested John.Incident to the arrest, they searched him and found counterfeit money in his pocket.The officer asked John where the money came from.John told the officer that his friend, Fred, printed it.If Fred is charged with counterfeiting, he can have the evidence found in John's pocket ruled inadmissible based on:

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