Deck 5: The Exclusionary Rule and the Fourth Amendment

Question 1

The Supreme Court created the legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden. This principle is known as:

A) Probable cause requirement
B) Derivate evidence rule
C) Exclusionary rule
D) Four corners rule

Answer 1

Exclusionary rule

Question 2

The exclusionary rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the United States Constitution, but is simply a judicial remedy for violations involving what Amendment?

A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Ninth Amendment

Answer 2

Fourth Amendment

Question 3

In which 1914 case did the Supreme Court create a law that excluded any evidence which had been collected in violation of statute or procedure?

A) Weeks v. U.S.
B) Mapp v. Ohio
C) Elkins v. U.S.
D) Fahy v. Connecticut

Answer 3

Weeks v. U.S.

Question 4

What doctrine allowed state authorities to serve up illegally obtained evidence to federal agents?

A) Williams Doctrine
B) Silver Platter Doctrine
C) Weeks Doctrine
D) Golden Platter Doctrine

Question 5

Which of the following court case considered whether evidence of narcotics which had been obtained through the involuntary stomach pumping of the defendant should be admissible?

A) Wolf v. Colorado
B) Rochin v. California
C) Mapp v. Ohio
D) Brown v. Mississippi

Question 6

Application of the exclusionary rule by the states was mandated in by what Court case?

A) Mapp v. Ohio
B) Brown v. Mississippi
C) Fahy v. Connecticut
D) None of the above

Question 7

The Fourth Amendment's right of privacy has been declared enforceable against the States through the Due Process Clause of what Amendment?

A) First Amendment
B) Ninth Amendment
C) Twelfth Amendment
D) Fourteenth Amendment

Question 8

A variety of exceptions to the exclusionary rule have been enacted since its inception. The first of these was actually considered in Wong Sun and was direct result of what doctrine?

A) Poisonous Fruit Doctrine
B) Silver Platter Doctrine
C) Derivative Evidence Doctrine
D) None of the above

Question 9

The three-prong test for evaluation of attenuation was established in Brown v. Illinois. Factors considered include which of the following?

A) Elapsed time between the illegal action and the acquisition of evidence
B) Presence of intervening circumstances
C) Purpose and flagrancy of misconduct
D) All of the above

Question 10

The good faith exception was established in which of the following Court case?

A) Mapp v. Ohio
B) Brown v. Mississippi
C) Weeks v. U.S.
D) U.S. v. Leon

Question 11

The good faith exception argues that:

A) The exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates.
B) There was no evidence suggesting that judges and magistrates are inclined to ignore or subvert the 4^th Amendment or that lawlessness among these actors requires the application of the extreme sanction of exclusion.
C) There was evidence to show that the exclusion of materials gathered would have a significant deterrent effect that would result on future actions.
D) All of the above

Question 12

The exclusionary rule suppresses evidence, which is collected through an illegal police action. It is designed to deter future police misconduct. However, there are some instances in which the Court has allowed the introduction of such evidence. This includes which of the following?

A) Inevitable discovery
B) Good faith
C) Attenuation
D) All of the above

Question 13

What Court case considered the introduction of evidence obtained after a search of a suspect's car was undertaken based on erroneous information within a computer database?

A) Massachusetts v. Sheppard
B) Arizona v. Evans
C) Brown v. Mississippi
D) Smyth v. U.S.

Question 14

Which Court case introduced the "inevitability of discovery" exception to the exclusionary rule. It provided for the introduction of illegally obtained evidence if it could be demonstrated that the discovery of such evidence was inevitable?

A) Murray v. U.S.
B) Wong Sun v. U.S.
C) Nix v. Williams
D) U.S. v. Crews

Question 15

This court case explicitly provided for a reasonable expectation of privacy for overnight guests:

A) Nix v. Williams
B) Wong Sun v. U.S.
C) Murray v. U.S.
D) Minnesota v. Olson

Question 16

What Court case allowed evidence, which was stolen out of the defendant's office by private persons in the employ of the bank for which petitioner worked, to be used in a criminal trial?

A) Burdeau v. McDowell
B) Nix v. Williams
C) Weeks v. U.S.
D) None of the above

Question 17

What Court case evaluated the admissibility of information gathered by a cellular telephone company after being alerted by authorities that they were being victimized?

A) U.S. v. Hall
B) U.S. v. Crews
C) Weeks v. U.S.
D) U.S. v. Pervaz

Question 18

The first case in which "throw-away" evidence was considered wat that of:

A) U.S. v. Hall
B) Hester v. U.S.
C) Weeks v. U.S.
D) U.S. v. Pervaz

Question 19

The ideology, known as the open fields doctrine, was first enunciated in the case of:

A) Hester v. U.S.
B) U.S. v. Pervaz
C) U.S. v. Crews
D) None of the above

Question 20

The distinction between curtilage and open fields is not necessarily an easy one. The courts have delineated which of the following factors which may be considered:

A) The proximity of the area in question to the house
B) The nature and use of the property in question
C) The affirmative actions undertaken by the owner to ensure privacy
D) All of the above

Question 21

The exclusionary rule is a legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is permitted.

Question 22

The exclusionary rule is grounded in the United States Constitution.

Question 23

The 1914 case of Weeks v. U.S. the Supreme Court created a law which excluded any evidence that had been collected in violation of the statute or procedure.

Question 24

The silver platter doctrine allows state authorities to serve up illegally obtained evidence to federal agents.

Question 25

The Supreme Court applied the Fourth Amendment to the states via the due process clause of the Fourteenth Amendment in the 1949 case Wolf v. Colorado; it required the implementation of the exclusionary rule.

Question 26

In Rochin v. California, the Court considered whether evidence of narcotics, which had been obtained through the involuntary stomach pumping of the defendant, should be admissible.

Question 27

Application of the exclusionary rule by the states was mandated in Fahy v. Connecticut.

Question 28

A variety of exceptions to the exclusionary rule have been enacted since its inception. The first of these was actually considered in Wong Sun and was a direct result of the poisonous fruit doctrine.

Question 29

The attenuation or purged taint exception evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated.

Question 30

The good faith exception argues that the exclusionary rule was designed to deter police misconduct rather that to punish the errors of judges and magistrates.

Question 31

The Court has consistently ruled that information or evidence gathered by the police who are acting in good faith on a warrant later found to be defective may not be introduced at trial.

Question 32

Like the "good faith" exception to the exclusionary rule, the Court has found that information or evidence, which is collected independently of the illegal police action, is not admissible.

Question 33

In the United States v. Pervaz, the Court evaluated the admissibility of information gathered by a cellular telephone company after being alerted by authorities that they were being victimized.

Question 34

Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it.

Question 35

The exclusionary rule also applies to civil cases

Question 36

The _____________ rule is a legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden.

Question 37

As stated, the exclusionary rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the United States Constitution, but is simply a judicial remedy for violations involving the _________ Amendment.

Question 38

The silver platter doctrine allowed state authorities to serve up ____________ obtained evidence to federal agents.

Question 39

Application of the exclusionary rule by the states was mandated in _____________ v. Ohio.

Question 40

The ________________ evidence rule is applicable in a variety of situations, including, but not limited to, the suppression of evidence in the following areas: additional evidence that would not have been discovered; witnesses who might have remained unknown; and, confessions or admissions made under the presentment of illegally obtained evidence.

Question 41

Good Faith evidence may be admissible if the state can demonstrate that the evidence was discovered while the officers were acting with _____________ assurance of the validity of their action.

Question 42

____________ discovery evidence may be admissible if the state can demonstrate that the evidence would have been discovered without the illegal act.

Question 43

_____________ source evidence may be admissible if the state can demonstrate that the evidence could have derived from a source removed from the causal link.

Question 44

____________ evidence may be admissible if the state can demonstrate that the causal connection between the illegal action and the seizure of the evidence is sufficiently attenuated.

Question 45

Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal ____________ to move to suppress it.

Question 46

The Court has ruled that the voluntary ___________ of an item negates any expectation of privacy that an individual may claim to it in the future.

Question 47

Some areas attached to a private residence is known as____________.

Question 48

Match up the court case to the significant outcome :

-Hester v. United States

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 49

Match up the court case to the significant outcome :

-Rochin v. California

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 50

Match up the court case to the significant outcome :

-Wong Sun v. United States

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 51

Match up the court case to the significant outcome :

-Nix v. Williams

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 52

Match up the court case to the significant outcome :

-Weeks v. United States

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 53

Match up the court case to the significant outcome :

-Fahy v. Connecticut

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 54

Match up the court case to the significant outcome :

-Mapp v. Ohio

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 55

Match up the court case to the significant outcome :

-United States v. Leon

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 56

Match up the court case to the significant outcome :

-Brown v. Illinois

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 57

Match up the court case to the significant outcome :

-United States v. Janis

A) Established the good faith exception.
B) Established the inevitability of discovery exceptions.
C) First case to consider throw-away evidence
D) Address the application of the exclusionary rule to civil cases.
E) The application of the Exclusionary Rule to the states and state law enforcement officers.
F) Precursor case to Mapp v. Ohio, which allowed evidence of narcotics that had been involuntary pumping of a stomach to be admissible.
G) The court introduced the Exclusionary Rule.
H) Furthered the derivative rule by allowing evidence to be submitted because the paint and paintbrush had been illegally obtained by the vandal.
I) Introduced the notion of the fruits of the poisonous tree.
J) Established the three-prong test for the evaluation of attenuation.

Question 58

Discuss the fundamentals of the Silver platter doctrine and the "fruits of the poisonous tree."

Question 59

Under what circumstances are the fruits of the poisonous tree allowed to be introduced as evidence?

Question 60

Prohibition of unreasonable searches and seizures applies only to government agents and officials. Discuss key concepts surrounding private searches, private persons, and third-party origination.

Question 61

Explain the definition of an open field and why open fields do not have Fourth Amendment protections. Conclude with your opinion as to why or why not this ruling is right and under what circumstances should or should not the Fourth Amendment apply to open fields.

Question 62

On pages 159 through 161 in the blue box labeled "Case Law" are a number of important cases that are summarized. Pick one case and use outside sources to further explain the circumstances surrounding this case and provide a more detailed explanation of the decision and outcome of this case. Conclude with your rationale as to why this case is important and any further or future implications this case may have.