Deck 10: The Exclusionary Rule and Entrapment

Question 1

Opponents of the exclusionary rule argue that the rule decreases the respect for the ______.

A)police officers
B)judiciary
C)criminal justice system
D)victims

Answer 1

B

Question 2

Civilian review board are comprised of all of the following except ______.

A)citizens
B)lawyers
C)judges
D)elected officials

Answer 2

D

Question 3

In the wake of Mapp v.Ohio, the exclusionary rule was applicable to which of the following?

A)state courts and law enforcement
B)federal courts and law enforcement
C)federal, state, and local courts
D)federal, state, local, and tribal courts

Answer 3

C

Question 4

______ is a defense to a criminal charge that is available to defendants who allege that they were induced to commit a crime by the government.

A)Necessity
B)Entrapment
C)Duress
D)Self-defense

Question 5

In Weeks v.United States, the U.S.Supreme Court held that ______.

A)evidence seized in an unlawful search was to be excluded in federal courts
B)evidence seized in an unlawful search was to be excluded in state courts
C)federal police who seized evidence in an unlawful manner were subject to criminal prosecutions
D)state police who seized evidence in an unlawful manner were subject to criminal prosecutions

Question 6

The practice of federal agents using evidence in court that was unreasonably obtained by state police was known as the ______.

A)death-knell doctrine
B)fruit-of-the-poisonous-tree doctrine
C)safeguard doctrine
D)silver-platter doctrine

Question 7

The U.S.Supreme Court established the aptly named "shocks the conscience" standard in which case?

A)Bivens v.Six Unknown Named Agents
B)Elkins v.United States
C)Rochin v.California
D)United States v.Calandra

Question 8

A failure to provide an attorney at a lineup following the initiation of criminal proceedings results in the exclusion at trial of evidence from the lineup is a violation of the ______.

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Fourteenth Amendment

Question 9

According to the text, the immediate impact of an unreasonable search is felt by the ______.

A)police officer
B)prosecutor
C)defendant
D)judge

Question 10

All of the following arguments have been offered in support of the exclusionary rule except ______.

A)constitutional rights
B)deterrence
C)political costs
D)judicial integrity

Question 11

The ______ doctrine holds that any evidence discovered as a result of unlawfully seized evidence must be excluded from evidence at trial.

A)bad-faith
B)broken-doors
C)fruit-of-the-poisonous-tree
D)silver-platter

Question 12

According to the text, the exclusionary rule has led police departments to better train their officers and stress the importance of ______.

A)duty
B)oversight
C)professionalism
D)responsibility

Question 13

The ______ provides that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt.

A)inevitable discovery rule
B)independent source doctrine
C)exclusionary rule
D)silver-platter doctrine

Question 14

All of the following arguments are made against the exclusionary rule except ______.

A)constitution
B)judicial review
C)penalizing victims
D)truth-seeking

Question 15

Before the creation of the exclusionary rule, all of the following were true except ______.

A)various civil, criminal, and administrative penalties for violation of the Fourth Amendment did very little to deter police
B)law enforcement officials were hesitant to pursue administrative complaints
C)prosecutors were reluctant to bring criminal actions against police
D)derivative evidence was excluded from evidence in a trial

Question 16

In Wolf v.Colorado, the U.S.Supreme Court ______.

A)incorporated the requirements of the Fourth Amendment to the states
B)expanded the exclusionary rule to the states
C)held the silver-platter doctrine unconstitutional
D)held the fruit-of-the-poisonous-tree doctrine unconstitutional

Question 17

Which of the following alternative procedures requires adequate monetary compensation provided to successful litigants to serve as an incentive for individuals to take the time and expense to file suit?

A)criminal prosecution
B)civil torts
C)police administrative procedures
D)civilian review boards

Question 18

In Mapp v.Ohio, the U.S.Supreme Court held that ______.

A)evidence seized in an unlawful search was to be excluded in federal courts
B)evidence seized in an unlawful search was to be excluded in state courts
C)federal police who seized evidence in an unlawful manner were subject to criminal prosecutions
D)state police who seized evidence in an unlawful manner were subject to criminal prosecutions

Question 19

The silver-platter doctrine was ruled unconstitutional in which case?

A)Chapman v.California
B)Elkins v.United States
C)Rochin v.California
D)United States v.Boone

Question 20

Any evidence that is discovered as a result of unlawfully seized items is known as ______.

A)derivative evidence
B)indirect evidence
C)secondary evidence
D)fruit of the poisonous tree

Question 21

______ permits the use of unlawfully seized evidence in proceedings that are not part of the formal trial.

A)Collateral proceedings
B)Attenuation
C)Inevitable discovery
D)Good faith

Question 22

______ is a request to the court to require the government to bring an individual who is in custody before the court to determine the legality of his or her detention.

A)Amicus curiae
B)Habeas corpus
C)Nolo contendre
D)In loco parentis

Question 23

Which is the leading case in regard to the independent-source exception to the exclusionary rule?

A)Murray v.State
B)Nix v.Williams
C)Silverthorne Lumber Company v.United States
D)United States v.Pardue

Question 24

Which of the following court cases was highlighted as an example of attenuation?

A)United States v.Ceccolini
B)Hudson v.Michigan
C)Utah v.Strief
D)United States v.Boone

Question 25

The ______ doctrine is a method of limiting the "cost" of the exclusionary rule by restricting the number of individuals who are eligible to challenge the introduction of the evidence.

A)standing
B)silver-platter
C)good-faith
D)fruit-of-the-poisonous-tree

Question 26

The ______ in most states is required to act immediately if it wishes to appeal a decision not to admit evidence.

A)judge
B)arresting officer
C)defendant
D)prosecution

Question 27

In order to invoke the exclusionary rule and challenge the admissibility of evidence, a defendant must have ______.

A)authority
B)civil rights
C)due process
D)standing

Question 28

In Hudson v.Michigan, the U.S.Supreme Court articulated a ______ test of attenuation.

A)temporal proximity
B)intentional violation
C)constitutional interest
D)intervening circumstance

Question 29

The first step in challenging the reasonableness of a search is ______.

A)filing a pretrial motion to dismiss
B)filing a pretrial motion for a change of venue
C)filing a pretrial motion to compel
D)filing a pretrial motion to suppress

Question 30

Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting "______."

A)with good conscience
B)in good faith
C)with good intentions
D)on principle

Question 31

According to past rulings by the U.S.Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?

A)an individual who has placed items in a bag belonging to someone else
B)a passenger in an automobile who has stored items in the glove compartment
C)an individual who has rented a hotel room for the purpose of attending a business meeting
D)an overnight guest at the home of a friend

Question 32

Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?

A)Arizona v.Evans
B)Illinois v.Krull
C)Massachusetts v.Sheppard
D)United States v.Leon

Question 33

A weak connection between the unlawful search and the seizure of evidence also is referred to as ______.

A)purging the taint of legality
B)harmless error
C)impeachment
D)fruit of the poisonous tree

Question 34

In order to determine whether the good-faith exception should apply in a given situation, the U.S.Supreme Court has stated that courts should pose the question "______."

A)whether the search was constitutional
B)whether a reasonable person would have believed the search illegal
C)whether a reasonably well-trained officer would have known that the search was illegal
D)whether a reasonably trained judge should determine the search illegal

Question 35

In which of the following case did the Supreme Court affirmed that the exclusionary rule should not be applied in those cases in which the police act in good faith reliance on the assurance of a judge that a warrant?

A)Massachusetts v.Sheppard
B)Illinois v.Krull
C)Arizona v.Evans
D)United States v.Leon

Question 36

All of the following were identified as exceptions to the exclusionary rule except ______.

A)collateral proceedings
B)attenuation
C)inevitable discovery
D)harmless error

Question 37

If there has been a significant period of time between the constitutional violation and the subsequent seizure of evidence, the connection is said to be ______.

A)attenuated
B)constricted
C)corrupted
D)filtered

Question 38

Unlawfully seized evidence can be used in all of the following except ______.

A)bail hearings
B)grand jury proceedings
C)sentencing hearings
D)such evidence can be used in all of these

Question 39

All of the following are examples of noncriminal proceedings except ______.

A)parole revocation hearings
B)immigration hearings
C)tax hearings
D)preliminary hearings

Question 40

In which of the following court cases did the Supreme Court hold that an overnight guest possessed a reasonable expectation of privacy in the home?

A)Byrd v.United States
B)Minnesota v.Olson
C)Rawlings v.Kentucky
D)Minnesota v.Carter

Question 41

As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.

Question 42

Civilian review boards are only comprised of citizens.

Question 43

An opposing lawyer's attack on a witness's credibility during cross-examination is referred to as ______.

A)impeachment
B)harmless error
C)entrapment
D)attenuation

Question 44

The ______ provides that evidence that is unlawfully seized nevertheless is admissible where the police are able to demonstrate that the evidence was also obtained through independent and lawful means.

A)inevitable discovery rule
B)independent source doctrine
C)good faith exception
D)silver-platter doctrine

Question 45

Civil actions against the police and state governments must overcome a number of difficult barriers to be successful.

Question 46

Which of the following tests for entrapment focuses on the predisposition of the defendant?

A)the subjective test
B)the objective test
C)the due process test
D)the reasonableness test

Question 47

Direct evidence is evidence that is derived from the evidence that is directly seized.

Question 48

The exclusionary rule does not deter the police from disregarding constitutional procedures in future investigations.

Question 49

The Fourth Amendment protects individuals against unreasonable searches and seizures, and this safeguard would be seriously weakened if evidence seized in an unreasonable search is used against an accused at trial.

Question 50

A majority of states follow which test for entrapment?

A)the subjective test
B)the objective test
C)the due process test
D)the reasonableness test

Question 51

Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the ______ rule.

A)assured finding
B)imminent domain
C)inevitable discovery
D)unavoidable determination

Question 52

Entrapment is a defense to a criminal charge that is available to defendants who allege that they were induced to commit a crime by the government.

Question 53

Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.

Question 54

The federal courts follow which test for entrapment?

A)the subjective test
B)the objective test
C)the due process test
D)the reasonableness test

Question 55

Evidence obtained unlawfully may be used at trial to impeach the credibility of ______.

A)a nonexpert defense witness
B)an expert defense witness
C)a nonexpert prosecution witness
D)the defendant

Question 56

All of the following are considered to be criticisms of entrapment except ______.

A)the government may manufacture crime by individuals who otherwise may not engage in criminal activity
B)individuals will be deterred from criminal activity by the threat of government involvement in the crime
C)the informants who are employed by the government to infiltrate
D)the government may lose respect by engaging in lawbreaking

Question 57

Research conducted by Thomas Davies indicates that ______ of all felony arrests are either not prosecuted or result in nonconviction at trial due to loss of evidence from the exclusionary rule.

A)less than 3%
B)just under 10%
C)about 15%
D)about 33%

Question 58

The exclusionary rule provides that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt.

Question 59

Which of the following tests for entrapment focuses on the actions of the police?

A)the subjective test
B)the objective test
C)the due process test
D)the reasonableness test

Question 60

Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.

Question 61

The collateral proceedings exception permits the use of unlawfully seized evidence in proceedings that are not part of the formal trial.

Question 62

Evidence seized following a failure to follow the knock and announce rule is disallowed at trial via the exclusionary rule.

Question 63

About half of the states follow the due process test for entrapment.

Question 64

Identify some of the justifications of the exclusionary rule.

Question 65

A defendant is required to have standing to challenge the introduction of evidence at trial.

Question 66

What is the difference between the subjective and objective tests for entrapment? Under which test is a defendant more likely to prevail?

Question 67

In federal court, when entrapment is argued, the emphasis is placed on the actions of the government.

Question 68

The U.S.Supreme Court has ruled that police may assume legislation to be constitutional unless there is probable cause to believe it is unconstitutional.

Question 69

Explain the process one might use to invoke the exclusionary rule.

Question 70

Most states follow the objective test for entrapment.

Question 71

Define direct evidence.

Question 72

Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?

Question 73

Evidence unlawfully obtained from a defendant can be used to impeach testimony given by a defense witness.

Question 74

What does the exclusionary rule provide?

Question 75

A weak connection between the unlawful search and the seizure of evidence is also referred to as dissipating the taint.

Question 76

Identify the exceptions to the exclusionary rule.

Question 77

Overnight guests do not have an expectation of privacy in a home.

Question 78

What is a collateral proceeding, and how does it relate to the exclusionary rule?

Question 79

What is the essence of entrapment?

Question 80

The text lists several alternatives to the exclusionary rule.List some of these options and explain why you believe they would/wouldn't work.Can you come up with any alternatives?