Deck 9: The Exclusionary Rule-Search and Seizure

Question 1

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.

Answer 1

False

Question 2

The independent source doctrine allows the police to illegally obtain information and still have it admitted into evidence as long as the same information was also gained lawfully through another independent source.

Answer 2

True

Question 3

A police officer can search or seize a conversation.

Answer 3

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.

Question 5

The exclusionary rule excludes illegally obtained evidence from being introduced at a criminal trial.

Question 6

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

Question 7

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

Question 8

The silver platter doctrine allowed federal police to illegally obtain information and then hand it to state police "on a silver platter" so the state may introduce the information into evidence.

Question 9

An illegal search may follow a lawful seizure.

Question 10

If an officer only uses his or her five senses,without the aid of any tools or equipment to enhance the senses,and does not otherwise violate the Fourth Amendment then a search has not occurred.

Question 11

The inevitable-discovery exception applies if the police would have inevitably discovered the information within a fixed amount of time.

Question 12

A search warrant is a judge's order to a police officer to search a particular person or place for particular things.

Question 13

The exclusionary rule is only applicable when the police obtain evidence in violation of the rights guaranteed by the Fourth Amendment,to be free from unreasonable searches and seizures.

Question 14

The exclusionary rule is based on the rationale of deterring police from obtaining information illegally,by not allowing the evidence to be admitted into trial.

Question 15

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

Question 16

A police officer must have personal knowledge of all facts stated in a search warrant application or affidavit.

Question 17

A person may not have a reasonable expectation of privacy when talking to another because that second person may later reveal the conversation to the police.

Question 18

In order for a police officer to search a dwelling,there must be a physical entry by the officer.

Question 19

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

Question 20

A suspect who reveals information to a police informant is protected from that information being used against him or her at trial if the suspect had a reasonable expectation of privacy.

Question 21

Which United States Supreme Court case held that the Fourth Amendment protects intangibles as well as tangibles?

A)Katz v.United States
B)Maryland v.Garrison
C)Minnesota v.Dickerson
D)United State v.White

Question 22

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

Question 23

A search incident to a lawful arrest enables officers to search the area within the immediate control of the arrestee.

Question 24

Which of the following is a search?

A)A paid police informant who relays conversations to the police.
B)A police officer trespassing onto the curtilage to observe the yard.
C)A police officer peering through a hole in a fence to observe the area.
D)A police officer trespassing onto private property to observe an open field.

Question 25

What United States Supreme Court decision established the existence of the exclusionary rule?

A)Weeks v.United States
B)Mapp v.Ohio
C)Silverthorne Lumber Co.v.United
D)The exclusionary rule is a federal rule of evidence which was adopted by every state.

Question 26

What is the current formulation of the exclusionary rule?

A)Any information derived from illegally obtained evidence is inadmissible.
B)Illegally derived evidence is admissible as long as excluding the evidence would not deter unlawful police conduct.
C)In order to deter unlawful police conduct,the courts should not participate in the officer's illegality by allowing the fruits of the illegal conduct into court.
D)The exception to the exclusionary rule is that the illegally obtained evidence may be used if the accused would be set free without the evidence.

Question 27

Which United States Supreme Court case rejected the silver platter doctrine?

A)Silverthorne Lumber Co.v.United States
B)Wong Sun v.United States
C)Nix.V.Williams
D)Elkins v.United States

Question 28

A police officer must always have probable cause or a reasonable suspicion to conduct stop and search activities.

Question 29

What did the United Supreme Court state in Mapp v.Ohio?

A)Any information derived from illegally obtained evidence is inadmissible.
B)Illegally derived evidence is admissible as long as excluding the evidence would not deter unlawful police conduct.
C)The exclusionary rule seeks to deter unlawful police conduct.
D)The case adopted the English and Canadian exclusionary rule.

Question 30

A person has no expectation of privacy in another person's property.

Question 31

Which one of the following is not an exception to the fruit of the poisonous tree doctrine?

A)Attenuation doctrine
B)Independent source doctrine
C)Inevitable discovery exception
D)Silver platter doctrine

Question 32

Which of the following is false about the exclusionary rule?

A)The exclusionary rule was created by the Federal Rules of Evidence and the Rules have been adopted by every state.
B)The exclusionary rule initially only applied to federal courts.
C)The Fourteenth Amendment is interpreted to apply the exclusionary rule to the states.
D)Case law applied the exclusionary rule to the states.

Question 33

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

Question 34

An individual has a constitutional right against self-incrimination not to furnish blood or handwriting samples.

Question 35

Which of the following is not true about the phrase "search and seizure"?

A)There can be a seizure without a search.
B)There can be a search without a seizure.
C)A search and seizure is one act.
D)There can be authority to seize but not search.

Question 36

Which case interpreted the inevitable-discovery exception?

A)Silverthorne Lumber Co.v.United States
B)Wong Sun v.United States
C)Nix.V.Williams
D)Elkins v.United States

Question 37

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

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 38

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

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 39

Which United States Supreme Court case formulated the attenuation doctrine?

A)Silverthorne Lumber Co.v.United States
B)Wong Sun v.United States
C)Nix.v.Williams
D)Elkins v.United States

Question 40

Which United States Supreme Court case formulated the independent source doctrine?

A)Silverthorne Lumber Co.v.United States
B)Wong Sun v.United States
C)Nix.v.Williams
D)Elkins v.United States

Question 41

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)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 42

Which of the following is not a ground for issuing a search warrant?

A)Fruit of a crime
B)Consent from the suspect involved in a crime
C)Evidence of a crime
D)Instrumentalities of a crime

Question 43

Explain the silver platter doctrine and the current test.

Question 44

Explain the impeachment exception to the exclusionary rule.

Question 45

Explain the inevitable-discovery exception and give an example.

Question 46

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

Question 47

Explain the attenuation doctrine.

Question 48

Which of the following is not true about inventory searches?

A)They apply to persons.
B)They apply to vehicles.
C)They must be conducted pursuant to routine or standard police procedures.
D)They are designed for officer safety.

Question 49

Name the objects of a search or seizure.

Question 50

Explain the independent source doctrine and give an example.

Question 51

Explain the fruit of the poisonous tree doctrine.

Question 52

Which of the following is not a method by which an officer may search a vehicle without a search warrant?

A)A search incident to a lawful arrest.
B)The inventory search.
C)The protective sweep exception.
D)The vehicle exception.

Question 53

Which of the following is not considered an exigent circumstance search?

A)Police arresting a drug dealer outside his residence,fearing that a person inside the residence would see the arrest and destroy evidence,entered the residence and found drugs.
B)Police were told by an informant that an escaped felon was inside a certain residence and was going to leave shortly,and the police entered the home,but the felon was not there.
C)Police followed a trail of blood leading up to the front steps of a residence,and fearing someone was bleeding to death,entered the residence,only to find that no one was there.
D)Police followed an armed robber from the crime scene,losing sight of him several times,inside a residence.

Question 54

Which of the following is a not a seizure?

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 55

A search incident to a lawful arrest does not permit the officer to search in which of the following situations?

A)If an arrest is made immediately after the arrestee was in a vehicle,the passenger compartment of the vehicle and any containers therein,open or closed.
B)If the arrest is made while the arrestee was in a vehicle,the entire vehicle,including an open or closed container.
C)The person of the arrestee,including any containers on the person or within his or her immediate control.
D)If the arrest is made in a house or other structure,any area adjoining the room where to person was arrested,where another person may be concealed.

Question 56

Which of the following circumstances fails to meet the test for the government to claim a "special needs exception" to the probable cause and warrant requirements for stops and searches?

A)sobriety checkpoints
B)fixed border checkpoints to search for illegal aliens
C)mandatory drug testing of candidates for state office
D)mandatory drug testing of all high school and junior high athletes in a school district

Question 57

In which of the following situations has consent to search not been given?

A)The officer asks for consent to search the person of the suspect and he or she replies,"I don't care."
B)The officer asks for consent to search the person of the suspect and he or she nods.
C)The officer asks for consent to search the person of the suspect and she remains silent.
D)An undercover officer asks to search the person of the suspect and she states,"Sure."

Question 58

Which of the following is not true about consent searches?

A)Officers still need justification to search someone,even if they give consent.
B)It is an exception to the warrant requirement of the Fourth Amendment.
C)It is an exception to the probable cause requirement.
D)Consent must be voluntarily given.

Question 59

Explain the good faith exception to the exclusionary rule.

Question 60

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

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 61

List the six "well delineated" exceptions to the warrant clause.

Question 62

Explain "Standing" and why it is necessary to contest an illegal search and seizure.

Question 63

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

Question 64

Explain the legality of GPS monitoring,by the government,and the 4^th amendment implications of such action.

Question 65

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

Question 66

What is the test for determining if a person has been seized?