Deck 10: Where the Exclusionary Rule Does Not Apply

Question 1

If a person abandons property, they

A)have no Fourth Amendment rights with regard to that property.
B)have no Fourth Amendment rights if they attempt to claim the property after the police have seized it.
C)have a right to sue police who seize the property.
D)can sue police if police damage the property.

Answer 1

A

Question 2

If a search is conducted solely by a ________ person, the exclusionary rule does not apply

A)private
B)government
C)consenting
D)coerced

Answer 2

A

Question 3

Not all states have adopted a good _______ exception that permits the use of evidence because of a mistake by a judge, prosecutor, police dispatcher, or computer.

A)accompanying
B)rationale
C)intention
D)faith

Answer 3

D

Question 4

Police may enter open fields without a warrant because

A)the exclusionary rule does not apply to open fields.
B)open fields are deemed common property.
C)open fields are not property.
D)open fields have no reasonable expectation of privacy protection against police entry.

Question 5

There is no Fourth Amendment search when police view something

A)that is in open view.
B)that is incriminating.
C)plain view when its immediately apparent as evidence of a crime
D)in a place where a person has a reasonable expectation of privacy.

Question 6

In U.S.v.Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule.

A)subjective good motives
B)objective good faith
C)abandoned property
D)inevitable discovery

Question 7

Whether consent is voluntary is a question of fact to be determined by the _____________________.

A)mental state at the time
B)time of day or night
C)totality of the circumstances
D)credibility of the person in control of the property

Question 8

The federal exclusionary rule

A)applies only in civil cases.
B)applies only in criminal cases.
C)applies in criminal cases and civil penalties for tax fraud.
D)applies in civil and criminal cases.

Question 9

The person with actual or apparent authority would most likely be

A)driver of a car.
B)co-tenant of apartment if other tenant objects.
C)landlord of rented space.
D)motel manager.

Question 10

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because

A)the Fourth Amendment does not apply to private conduct.
B)the exclusionary rule contains a specific exception for private conduct.
C)a private citizen cannot act illegally in searching and seizing another person's property.
D)the private citizen does not have standing.

Question 11

If a vehicle is abandoned,

A)the articles in the vehicle are also abandoned.
B)the Fourth Amendment prohibits seizure of the vehicle before 72 hours after the police find the vehicle.
C)the police must obtain title to it before seizing it.
D)the police must obtain a search warrant before seizing it.

Question 12

To have standing to contest a police search (and a Fourth Amendment complaint), the person must have had a/n ____________ in the place or things searched.

A)ownership interest
B)subjectively reasonable expectation of sequestration
C)reasonable expectation of privacy
D)experience of monetary damages

Question 13

An officer who is acting _________________ cannot rely on the good faith exception.

A)in their official capacity
B)to solve or prevent crime
C)in an objectively unreasonable fashion
D)who subjectively has doubts about his or her actions

Question 14

If a person abandons property because of illegal police activity, it

A)is still a valid abandonment for Fourth Amendment purposes.
B)is a valid abandonment only for search purposes.
C)is a valid abandonment only for seizure purposes.
D)is not a valid abandonment for Fourth Amendment purposes.

Question 15

Consent must be voluntary for a valid warrantless search.Other factors that may be considered in determining whether a search was voluntary are

A)age.
B)mental impairment.
C)intoxication.
D)all of these.

Question 16

Property left in a motel room or storage locker after the rental agreement has expired

A)automatically become property of the police.
B)are deemed abandoned only after the owner of the items is given notice.
C)may be deemed abandoned.
D)become the property of the motel or locker owner.

Question 17

The area directly around the home (e.g.yard) is called the

A)interior open field.
B)home extension.
C)curtilage.
D)home exterior.

Question 18

____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

A)Plain view
B)Voluntary consent
C)Extreme duress
D)Honest alibi

Question 19

In California v.Greenwood, the U.S.Supreme Court upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant

A)signed a waiver agreement with the trash hauler.
B)consented to the search.
C)had no incriminating evidence in the trash.
D)had no reasonable expectation of privacy in the trash.

Question 20

The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases.Such evidence, however, can be used in _______ cases.

A)appeals
B)civil
C)federal
D)international

Question 21

The plain view doctrine requires that the officer legally be in the place from which the evidence is viewed.

Question 22

The Fourth Amendment applies to private persons acting without any government involvement.

Question 23

The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.

Question 24

The Georgia v.Randolph decision draws a "fine line" for third party consent to search.

Question 25

The court in U.S.v.Ritter did not place limitations on the honest mistake rule.

Question 26

If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs can be used as evidence.

Question 27

Open fields have the same Fourth Amendment protection as the home.

Question 28

Society pays a high price to secure the exclusionary rule's benefits.

Question 29

Rental agreements which have expired are considered abandoned and are not subject to the exclusionary rule.

Question 30

Many exclusionary rule cases grow out of Fourth Amendment violations.

Question 31

The federal exclusionary rule applies only in criminal cases.

Question 32

The Fourth Amendment generally does not apply to property that is voluntarily abandoned.

Question 33

Courts often disagree on the application of the good faith doctrine as was apparent in U.S.v.McClain.

Question 34

The Fourth Amendment exclusionary rule applies in probation and parole revocation proceedings.

Question 35

Maryland v.Garrison is an example of the U.S.Supreme Court's honest mistake exception.

Question 36

Consent is always necessary for entry even if police are acting in an emergency situation.

Question 37

The exclusionary rule applies to evidence obtained in a consent search.

Question 38

Denial of ownership to the police can result in abandonment.

Question 39

Under the Fourth Amendment, police may lawfully search and seize garbage left at the curb for pickup without a warrant.

Question 40

Open fields may be part of the curtilage.

Question 41

The exclusionary rule does not apply at civil jury proceedings and ____________ jury proceedings.

Question 42

Discuss the legal precedent of the case of U.S.v.Leon.

Question 43

In Maryland v._____________, the U.S.Supreme Court excused an honest mistake by officers while executing a search warrant.

Question 44

If a person validly and voluntarily _____________ their property, they give up all Fourth Amendment protection for that property.

Question 45

The area immediately around a house (e.g.yard) is called the ____________.

Question 46

Denial of ____________ can result in abandonment.

Question 47

____________ fields have less Fourth Amendment protection than the home.

Question 48

To be able to raise a legal issue, the person must have ____________.

Question 49

To have ___________ to challenge a police search, the person must have had a reasonable expectation of privacy in the place searched.

Question 50

Two requirements for a consent search are that the person consenting has authority and that the consent was given __________ and ___________ .

Question 51

Define the concept of standing.When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples.

Question 52

In regards to the "Plain View" doctrine, any of the five human senses may provide information that makes it "immediately apparent" to the police that the object is evidence of a crime.Discuss the senses applicable to plain view and their application.

Question 53

If evidence is obtained in a legitimate consent search, the _____________ rule does not apply.

Question 54

The ____________ Amendment prohibits unreasonable searches and seizures.

Question 55

The exclusionary rule does not apply in probation or ____________ revocation proceedings.

Question 56

Consent is not needed in abandoned nor _______________ circumstances.

Question 57

Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a ____________ person.

Question 58

In U.S.v._____________, the U.S.Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.

Question 59

Fully define the categories of abandonment and the subsequent impact on evidence seized and the use of, or exception to, the exclusionary rule in each situation.

Question 60

What are the four factors the U.S.Supreme Court listed in U.S.v.Dunn to help distinguish open fields from the curtilage? Give examples of each.What difference does it make whether property is open fields of curtilage?

Question 61

There are two requirements for the admissibility of evidence obtained in a consent search.Discuss these two requirements in detail.

Question 62

When does an individual lose their expectation of privacy in rental property?

Question 63

Discuss under what two conditions a reasonable expectation of privacy can exist.