Question 1

A police officer can search or seize a conversation.

Accepted Answer

A) True 
 B)False  True

Question 2

Explain the independent source doctrine and give an example.

Accepted Answer

The independent source doctrine is an exception to the fruit of the poisonous tree doctrine that allows a prosecutor to admit evidence that would otherwise be inadmissible because of an illegal search.To admit the evidence,the prosecutor must show that the same information,or knowledge,was also gained through another independent source,unrelated to the illegality.Thus,the information is admissible through this independent source and not through the illegal search.An example would be a police officer searching the trunk of a vehicle without the driver's consent or probable cause finding 200 pounds of cocaine.Several miles away another police officer executes a search warrant at a house where cocaine is being manufactured and arrests several individuals.The second officer finds a written travel plan for the transportation of the 200 pounds of cocaine and the arrested individuals confirm that the vehicle has already left and provide a complete description of the vehicle and the driver.The second officer puts out an All Points Bulletin and follows the transport route of the cocaine laden vehicle.The second officer finds that the vehicle has already been pulled over,the driver arrested,and the cocaine seized.Although the cocaine cannot be admitted through the first search which was illegal,it will be admitted through the second officer's independent investigation.

Question 3

Anything in open or plain view,that anyone can perceive by one of the five senses,is not protected by the Fourth Amendment.

Accepted Answer

A) True 
 B)False  True

Question 4

Once one judge determines that an officer has established probable cause and issues a search warrant,another judge can not challenge the search warrant.

Accepted Answer

A) True 
 B)False

Question 5

In Silverthorne Lumber Co.v.United States the United States Supreme Court held?

Accepted Answer

A) Not only is illegally obtained evidence inadmissible,but any evidence derived from that illegally obtained evidence is also inadmissible. 
B) Illegally derived evidence is admissible as long as excluding the evidence would not deter unlawful police conduct. 
C) The exclusionary rule sought to deter unlawful police conduct and the courts should not participate in the officer's illegality by allowing the fruits of the illegal conduct into court. 
D) The case adopted the English and Canadian exclusionary rule. 
A) Not only is illegally obtained evidence inadmissible,but any evidence derived from that illegally obtained evidence is also inadmissible. 
B) Illegally derived evidence is admissible as long as excluding the evidence would not deter unlawful police conduct. 
C) The exclusionary rule sought to deter unlawful police conduct and the courts should not participate in the officer's illegality by allowing the fruits of the illegal conduct into court. 
D) The case adopted the English and Canadian exclusionary rule.

Question 6

If a person is in a public environment or exposed to public view,he or she is not protected by the Fourth Amendment.

Accepted Answer

A) True 
 B)False

Question 7

A police officer who conducts an inventory search must do so before the thing searched is moved to another location by the police.

Accepted Answer

A) True 
 B)False

Question 8

Explain the rationale of the vehicle exception to the search warrant requirement.

Accepted Answer

The rationale behind the vehicle excepti

Question 9

In which of the following instances is an officer most likely to be required to give knock and notice when executing a search warrant?

Accepted Answer

A) The occupants of the building already know the police are present. 
B) The officer has probable cause to believe that his life or the life of others is in danger. 
C) The officer reasonably believes the premises are unoccupied. 
D) The search warrant is silent as to the requirement of knock and notice. 
A) The occupants of the building already know the police are present. 
B) The officer has probable cause to believe that his life or the life of others is in danger. 
C) The officer reasonably believes the premises are unoccupied. 
D) The search warrant is silent as to the requirement of knock and notice.

Question 10

A police officer who has already seized all the items listed in a search warrant,may still search for anything in plain view that may be part of the suspected crime.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is a not a seizure?

Accepted Answer

A) A police officer tells a suspect to stop and the suspect stops,then runs away before the officer reaches the suspect. 
B) A police officer tells a suspect to stop,the suspect stops,then runs away as the officer grabs his shirt collar. 
C) A police officer chases a speeding car for miles with lights and sirens on and the suspect pulls the car over and runs from the officer when the officer yells "Freeze." 
D) A police officer chases a speeding car for miles with lights and sirens on and the suspect pulls the car over,stops when the officer yells "Freeze," then runs away. 
A) A police officer tells a suspect to stop and the suspect stops,then runs away before the officer reaches the suspect. 
B) A police officer tells a suspect to stop,the suspect stops,then runs away as the officer grabs his shirt collar. 
C) A police officer chases a speeding car for miles with lights and sirens on and the suspect pulls the car over and runs from the officer when the officer yells "Freeze." 
D) A police officer chases a speeding car for miles with lights and sirens on and the suspect pulls the car over,stops when the officer yells "Freeze," then runs away.

Question 12

The exclusionary rule was developed for which of the following reasons?

Accepted Answer

A) It was developed because the courts mistrusted the jury and recognized that the jury has limitations with respect to what it can hear without being improperly swayed. 
B) It was developed to protect individual citizens from certain constitutional rights violations,and to deter unlawful police conduct. 
C) It was developed because principles of trustworthiness,reliability,and necessity were threatened. 
D) It was developed to regulate the flow of information presented in a courtroom to find the historical facts of a legal debate. 
A) It was developed because the courts mistrusted the jury and recognized that the jury has limitations with respect to what it can hear without being improperly swayed. 
B) It was developed to protect individual citizens from certain constitutional rights violations,and to deter unlawful police conduct. 
C) It was developed because principles of trustworthiness,reliability,and necessity were threatened. 
D) It was developed to regulate the flow of information presented in a courtroom to find the historical facts of a legal debate.

Question 13

Explain the silver platter doctrine and the current test.

Accepted Answer

The silver platter doctrine ended in 196

Question 14

Police must always knock and announce their presence before entering a building to execute a search warrant.

Accepted Answer

A) True 
 B)False

Question 15

The attenuation doctrine requires that the information being admitted into court is not tainted by earlier unlawful conduct by the police.

Accepted Answer

A) True 
 B)False

Question 16

Explain the difference between probable cause to search and probable cause to arrest.

Accepted Answer

Probable cause to search exists if the f

Question 17

What is the test for determining if a search has occurred?

Accepted Answer

The two-pronged test is whether: 1)the p

Question 18

The exclusionary rule is also known as the fruit of the poisonous tree doctrine.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is not true about the staleness doctrine?

Accepted Answer

A) A police officer can only search the place listed in the warrant for 24 hours before the warrant expires. 
B) A police officer only has a certain length of time to execute a search warrant before it expires. 
C) An arrest warrant does not usually become stale. 
D) Probable cause to search or seize an object may dissipate before the search has been conducted. 
A) A police officer can only search the place listed in the warrant for 24 hours before the warrant expires. 
B) A police officer only has a certain length of time to execute a search warrant before it expires. 
C) An arrest warrant does not usually become stale. 
D) Probable cause to search or seize an object may dissipate before the search has been conducted.

Question 20

Explain the good faith exception to the exclusionary rule.

Accepted Answer

The good faith exception to the exclusio

A police officer can search or seize a conversation.

Explain the independent source doctrine and give an example.

Anything in open or plain view,that anyone can perceive by one of the five senses,is not protected by the Fourth Amendment.

Once one judge determines that an officer has established probable cause and issues a search warrant,another judge can not challenge the search warrant.

In Silverthorne Lumber Co.v.United States the United States Supreme Court held?

If a person is in a public environment or exposed to public view,he or she is not protected by the Fourth Amendment.

A police officer who conducts an inventory search must do so before the thing searched is moved to another location by the police.

Explain the rationale of the vehicle exception to the search warrant requirement.

In which of the following instances is an officer most likely to be required to give knock and notice when executing a search warrant?

A police officer who has already seized all the items listed in a search warrant,may still search for anything in plain view that may be part of the suspected crime.

Which of the following is a not a seizure?

The exclusionary rule was developed for which of the following reasons?

Explain the silver platter doctrine and the current test.

Police must always knock and announce their presence before entering a building to execute a search warrant.

The attenuation doctrine requires that the information being admitted into court is not tainted by earlier unlawful conduct by the police.

Explain the difference between probable cause to search and probable cause to arrest.

What is the test for determining if a search has occurred?

The exclusionary rule is also known as the fruit of the poisonous tree doctrine.

Which of the following is not true about the staleness doctrine?

Explain the good faith exception to the exclusionary rule.

Introduction to the Law of Evidence and the Pretrial Process

The Trial Process

Evidence-Basic Concepts

Witnesses-Competency and Privileged Communications

Witnesses-Lay and Expert

Credibility and Impeachment

The Hearsay Rule

Opposing Partys Statements Admissionsand Confessions

Exclusionary Rule-Identification Procedures

Circumstantial Evidence

Documentary Evidence and the Right of Discovery

Physical Evidence

Photographic, recorded, and Computer-Generated Evidence

How to Testify Effectively

Filters

Exam 9: The Exclusionary Rule-Search and Seizure

A police officer can search or seize a conversation.

Explain the independent source doctrine and give an example.

Anything in open or plain view,that anyone can perceive by one of the five senses,is not protected by the Fourth Amendment.

Once one judge determines that an officer has established probable cause and issues a search warrant,another judge can not challenge the search warrant.

In Silverthorne Lumber Co.v.United States the United States Supreme Court held?

If a person is in a public environment or exposed to public view,he or she is not protected by the Fourth Amendment.

A police officer who conducts an inventory search must do so before the thing searched is moved to another location by the police.

Explain the rationale of the vehicle exception to the search warrant requirement.

In which of the following instances is an officer most likely to be required to give knock and notice when executing a search warrant?

A police officer who has already seized all the items listed in a search warrant,may still search for anything in plain view that may be part of the suspected crime.

Which of the following is a not a seizure?

The exclusionary rule was developed for which of the following reasons?

Explain the silver platter doctrine and the current test.

Police must always knock and announce their presence before entering a building to execute a search warrant.

The attenuation doctrine requires that the information being admitted into court is not tainted by earlier unlawful conduct by the police.

Explain the difference between probable cause to search and probable cause to arrest.

What is the test for determining if a search has occurred?

The exclusionary rule is also known as the fruit of the poisonous tree doctrine.

Which of the following is not true about the staleness doctrine?

Explain the good faith exception to the exclusionary rule.

Introduction to the Law of Evidence and the Pretrial Process

The Trial Process

Evidence-Basic Concepts

Witnesses-Competency and Privileged Communications

Witnesses-Lay and Expert

Credibility and Impeachment

The Hearsay Rule

Opposing Partys Statements Admissionsand Confessions

Exclusionary Rule-Identification Procedures

Circumstantial Evidence

Documentary Evidence and the Right of Discovery

Physical Evidence

Photographic, recorded, and Computer-Generated Evidence

How to Testify Effectively

Filters