Deck 11: Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Question 1

D was the driver of a vehicle involved in a fatal accident.At the direction of the police, a doctor drew blood from D without her consent.The blood tested positive for alcohol.At trial the judge should:

A)admit the blood test because of the fatal accident.
B)admit the blood test if the police had probable cause to arrest and search.
C)admit the blood test because drawing blood does not constitute a search.
D)exclude the blood test as compelled self-incrimination.

Answer 1

B

Question 2

The doctrine of inevitable discovery allows the court to admit evidence that:

A)was discovered by means independent of the illegal search.
B)would have been discovered by lawful means.
C)was derivative, not primary evidence.
D)is necessary for a determination of factual guilt.

Answer 2

B

Question 3

Only a person whose rights have been violated may invoke the exclusionary rule.This is known as:

A)standing.
B)immunity.
C)jurisdiction.
D)claim of law.

Answer 3

A

Question 4

Evidence derived from constitutional violations is called:

A)good faith evidence.
B)unethical evidence.
C)silver platter evidence.
D)fruit of the poisonous tree.

Question 5

Standing to invoke the exclusionary rule requires that:

A)the defendant be harmed by the introduction of the evidence.
B)the defendant was the target of the search for evidence.
C)the defendant's personal right to privacy was violated.
D)there was a trespass upon the defendant's property rights.

Question 6

The exclusionary rule applies to:

A)police officials.
B)government agents.
C)private parties acting as government agents.
D)all of the above.

Question 7

The good faith exception to the exclusionary rule allows the court to admit evidence:

A)offered in good faith by the prosecutor.
B)seized in good faith by the police.
C)seized in good faith by the police who relied on a search warrant.
D)seized in good faith by the police who had probable cause to search.

Question 8

The exclusionary rule:

A)bans all illegally obtained evidence from all proceedings.
B)limits the prosecutor's but not the jury's use of evidence.
C)does not prevent prosecutors from using illegally seized evidence to impeach the defendant's testimony.
D)bans use of illegally obtained evidence by grand juries.

Question 9

The prime purpose of the exclusionary rule is:

A)to deter unlawful police conduct.
B)to prevent self-incrimination.
C)to encourage police to obtain search warrants.
D)judicial efficiency.

Question 10

Derivative evidence may be suppressed when:

A)there is no primary evidence to suppress.
B)the judge's sense of fair play is offended.
C)it was found as a result of a prior illegal search.
D)due process is violated.

Question 11

The Fourth Amendment does not apply to:

A)wiretaps.
B)deceiving individuals into revealing information.
C)electronic eavesdropping.
D)recording conversations.

Question 12

An electronic tracking device:

A)can never intrude upon a recognized right of privacy.
B)always intrudes upon a recognized right of privacy.
C)cannot intrude upon privacy rights in open fields.
D)may intrude upon privacy rights in a dwelling.

Question 13

The exclusionary rule is normally inapplicable:

A)at collateral proceedings not relevant to guilt or innocence.
B)in state courts.
C)to emergency searches.
D)to the investigative stages of the criminal justice system.

Question 14

Which of the following is a factor in determining whether evidence should be excluded?

A)The time period between misconduct and acquisition of evidence
B)The seriousness of the charged offense
C)The experience level of the police officer obtaining the evidence
D)The importance of the evidence to the prosecution