Deck 10: Lineups and Other Means of Pretrial Identification

Question 1

The deterrence rationale for the exclusionary rule:

A) is based on the idea that courts need to be discouraged from using illegally seized evidence.
B) is concerned with deterring judges who issue bad warrants.
C) is no longer the primary justification for the rule.
D) is based on the belief that excluding good evidence because it was illegally obtained sends a message to law enforcement.

Answer 1

C

Question 2

Which doctrine holds that illegally seized evidence can be introduced a trial if the officials' law breaking behavior did not cause the seizure of the evidence?

A) the attenuation exception
B) the independent source exception
C) the inevitable discovery exception
D) the fruit of the poisonous tree exception

Answer 2

B

Question 3

Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

A) the attenuation exception
B) the independent source exception
C) the inevitable discovery exception
D) the fruit of the poisonous tree exception

Answer 3

A

Question 4

The U.S. Supreme Court has ruled that the exclusionary rule does not apply:

A) when there is overwhelming evidence of a defendant's guilt
B) in murder and aggravated sexual assault cases
C) if the defendant waives his or her Fourth Amendment rights
D) to collateral proceedings

Question 5

The best known and most controversial consequence of illegal government action:

A) are civil law suits for damages against police departments.
B) is the criminal prosecution of police officers.
C) is the exclusionary rule.
D) is the suspension or dismissal of police officers.

Question 6

The use of the exclusionary rule:
I) excludes good evidence because of bad practices.
II) puts the search for truth second to the rights of individuals.
III) stands for the proposition that the Constitution supports criminal law enforcement but not at any price.
IV) is not controversial.

A) I, II, III
B) I, III, IV
C) I, IV
D) III

Question 7

The judicial integrity rationale used to justify the exclusionary rule:
I) is based on the idea that the honor and honesty of courts forbids them to participate in unconstitutional conduct.
II) requires that the government obtain criminal convictions without violating rights.
III) views the exclusionary rule as a right.
IV) views the freedom from illegal searches and seizures as a preventative measure.

A) I, II, IV
B) I, II, III
C) I, II
D) I, IV

Question 8

Which U.S. Supreme Court case established the "fruit of the poisonous tree" doctrine?

A) Silverthorne Lumber Co. v. U.S.
B) Mapp v. Ohio
C) Weeks v. U.S.
D) Wolf v. Colorado

Question 9

Which of the following are mechanisms used to enforce constitutional standards?
I) exclusion of illegally obtained evidence
II) legal actions against individual officers such as criminal prosecution
III) civil actions against the heads of criminal justice agencies
IV) disciplinary action by the police agency against the individual officer

A) I, II, III, IV
B) I, III
C) II, III, IV
D) I

Question 10

Empirical research on the exclusionary rule suggests that:
I) the social cost of the rule is as high as the Supreme Court claims.
II) the social cost of the rule may be overstated.
III) the deterrent effect of the rule may be understated.
IV) the rule has no deterrent effect.

A) I, IV
B) II, III
C) I
D) IV

Question 11

The exclusionary rule does not apply to:

A) the government's case in chief.
B) any part of the trial on guilt or innocence.
C) cross-examination of the defendant.
D) capital punishment trials.

Question 12

The fruit-of-the-poisonous-tree doctrine refers to:

A) the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity
B) the expansion of the exclusionary rule to include contraband
C) applying the exclusionary rule to constitutional violations committed by judicial personnel
D) applying the exclusionary rule to constitutional violations committed by state law enforcement officials

Question 13

In Weeks v. U.S., a 1914 case involving the illegal entry and search of a home, the Supreme Court:
I) reversed Week's conviction.
II) made the U.S. unique in excluding good evidence from court because of the manner in which it was seized.
III) applied the exclusionary to both federal and state law enforcement.
IV) applied the exclusionary only to gambling cases.

A) I, II, III, IV
B) I, II, IV
C) I, II
D) I

Question 14

The Fourth Amendment:

A) has a specific provision that requires the exclusion of evidence gathered in violation of the amendment.
B) spells out all of the remedies available to defendants when evidence is illegally gathered.
C) requires courts to exclude illegally gathered evidence.
D) does not mention any remedies available when evidence has been gathered in
Violation of the amendment.

Question 15

The constitutional rationale used to justify the exclusionary rule:
I) rests on the idea that the exclusionary rule is an essential part of the right against unreasonable searches and seizures of the Fourth Amendment.
II) views the exclusionary rule as a right.
III) rests on the notion that the exclusionary rule is a mere preventative measure.
IV) includes the notion of preventing illegal law enforcement.

A) I, II, IV
B) I, II
C) II, IV
D) IV

Question 16

Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway?

A) the attenuation exception
B) the independent source exception
C) the inevitable discovery exception
D) the fruit of the poisonous tree exception

Question 17

For which type of crime is the outcome most commonly affected by the exclusionary rule?

A) murder
B) drug dealing
C) robbery
D) theft

Question 18

In using deterrence as the justification for excluding valid evidence, the Court weighs:

A) the evidence of guilt against nature of the constitutional violation.
B) the social costs against the deterrent effect.
C) the honesty of the courts
D) the fact that there is not right without a remedy

Question 19

The Supreme Court's decision in Weeks v. U.S. in 1914 is significant because it:

A) began the Fourth Amendment's annexation of the exclusionary rule.
B) held that the exclusionary rule applies to state court criminal proceedings.
C) recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.
D) permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.

Question 20

Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:

A) individual rights.
B) deterring illegal government conduct.
C) judicial integrity.
D) promoting equal justice for all citizens.

Question 21

Probative evidence is evidence collected by officials according to the requirements of the Fourth Amendment.

Question 22

The government can prove disposition to commit an offense, to rebut an entrapment defense, by showing a defendant's:
I) prior convictions for similar offenses.
II) willingness to commit similar offenses.
III) prior criminal activity not resulting in conviction.
IV) active solicitation of the crime.

A) I, II, III, IV
B) II, III, IV
C) II, III
D) III

Question 23

In the 1949 case Wolf v. Colorado, the Supreme Court:

A) held that the exclusionary rule wasn't part of the Fourth Amendment right to be free from unreasonable searches and seizures.
B) applied the exclusionary rule to the states.
C) held that the Fourth Amendment did not apply to the states.
D) held that states could not decide on their own whether to exclude evidence obtained by a constitutional violation.

Question 24

The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:

A) there was reason to believe that the arresting officer who conducted the search should have investigated whether the warrant was recalled
B) the officer did not honestly believe he was acting in good faith
C) negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule
D) probable cause was required to conduct the search

Question 25

According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:

A) evidence obtained by officers who honestly believe they are acting lawfully is admissible.
B) the good faith of officers is irrelevant to the determination whether or not to exclude evidence.
C) all evidence seized pursuant to a search not based on probable cause must be excluded.
D) the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in recordkeeping was negligent but not reckless

Question 26

The objective test for entrapment:
I) focuses on the defendant's predisposition.
II) is constitutionally required.
III) focuses on the actions of the government to get someone to commit a criminal act.
IV) is aimed at deterring unsavory police methods.

A) II
B) I, IV
C) II, IV
D) III, IV

Question 27

According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing suspect:

A) only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
B) the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
C) whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
D) the police may not seize evidence relating to pornography when they are looking for a bombing suspect.

Question 28

Under the collateral use exception to the exclusionary rule, the United States Supreme Court has held that:
I) the government can use evidence illegally seized in grand jury proceedings.
II) the exclusionary rule does not prevent the use of some illegally seized evidence in the government's case-in-chief.
III) victims of the fruits of good faith illegal searches cannot call for its
Suppression.
IV) prosecutors can use illegally seized evidence to impeach the defendant's testimony.

A) I
B) III
C) II
D) IV

Question 29

In Jacobson v. U.S. (1992), involving a man charged with the illegal possession of child pornography, the Supreme Court ruled that:

A) the Constitution requires that states use a predisposition entrapment test.
B) the Constitution requires states use an entrapment test that focuses on the nature of the police encouragement to commit a crime.
C) as a matter of law there was insufficient evidence to prove Jacobson was
Predisposed to commit the offense charged.
D) federal courts must use an entrapment test that focuses on the nature of the police encouragement to commit a crime.

Question 30

The use of active encouragement requires law enforcement officers to do such things as:
I) develop personal relationships with targets.
II) make repeated requests to commit a crime.
III) appeal personally to targets.
IV) supply contraband to their target.

A) I, II, III, IV
B) I, II, III
C) II, III
D) II

Question 31

The need for the government to encourage criminal conduct arises because:

A) it is easier for the police than traditional criminal investigation.
B) the public demands it.
C) of the lack of police resources.
D) of police difficulty in detecting crimes with non-complaining victims.

Question 32

An amicus curiae brief is:

A) a brief filed in a case by one of the parties to the lawsuit.
B) a brief filed with permission of the court by a family relative of one of the parties
In the lawsuit.
C) a brief filed without the court's permission.
D) a brief filed with the court's permission by someone who isn't a party to the
Lawsuit but has an interest in the case.

Question 33

The Supreme Court has specifically rejected the rationale that the exclusionary rule is a constitutional right.

Question 34

According to the dissent in Mapp v. Ohio (1961):

A) the exclusionary rule is an integral part of the Fourth Amendment.
B) because the Fourth Amendment applies to the states so also must the exclusionary rule.
C) the federal exclusionary remedy should not be imposed on the states.
D) the exclusionary rule is totally ineffective in controlling police behavior.

Question 35

According to the Supreme Court, the good faith exception to the exclusionary rule:

A) the inquiry is whether a reasonably well trained officer would have known a search was illegal under all the circumstances
B) the important issue to decide is if the officer honestly believed his or her actions were constitutional
C) violates the fundamental protections of the Fourth Amendment
D) applies only to situations that arise because of faulty electronic databases

Question 36

Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.

Question 37

Until the twentieth century, the exclusive remedy for constitutional violations was private lawsuits against governmental officials.

Question 38

In the 1925 case, Agnello v. United States, the Supreme Court:

A) declared that the exclusionary rule only protected private papers.
B) applied the exclusionary rule to the states.
C) declared that the exclusionary rule only applied when the illegal police conduct was extremely egregious.
D) declared that the exclusionary rule applied to contraband.

Question 39

In Arizona v. Evans, the U.S. Supreme Court held that the exclusionary rule does not require suppression of evidence incident to an arrest stemming from inaccurate computer records because of who was involved in keeping the records.

Question 40

Under the objective test of entrapment, the decision whether a defendant has been entrapped is made by:

A) juries.
B) judges.
C) juries recommend, but the judge makes the final decision
D) the judge in consultation with the jury

Question 41

The Supreme Court has held that the defense of entrapment is a constitutional right.

Question 42

Historically in the United States, the entrapment defense was not recognized for much of our history.

Question 43

The ________________ exception to the exclusionary rule is based on an objective test of whether a well-trained officer would have known his or her actions were illegal under the circumstances.

Question 44

Evidence derived from illegally obtained evidence is called ________________.

Question 45

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.

Question 46

Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a minuscule number of cases.

Question 47

The part of the trial when the government presents its evidence to prove the defendant's guilt is called the _________________.

Question 48

An argument submitted by a party with an interest in a case but not a party to the lawsuit itself is a/an ______________.

Question 49

The idea that evidence that has been illegally obtained, but would have eventually found through constitutional means should thus not be excluded by virtue of the exclusionary rule is _______________________.

Question 50

The minority view on entrapment in the United States focuses on the nature of the government conduct.

Question 51

Another name for the objective test of entrapment is the __________________.

Question 52

The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony.

Question 53

Government agents inducing individuals to commit crimes they otherwise would not commit so that the government can prosecute the individuals defines ___________.

Question 54

According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment's protection from illegal searches and seizures to solutions other than the exclusionary rule had been effective.

Question 55

The idea that evidence illegally obtained by police can still be admitted at trial if the link between the police illegality and the evidence's discovery is weak enough is called _________________.

Question 56

The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the _____________________.

Question 57

With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.

Question 58

The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement is the rationale.

Question 59

The majority of state and federal courts have adopted the subjective test of entrapment.

Question 60

The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the officer's honest, subjective belief in the legality of his or her actions.

Question 61

Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

Question 62

Describe and explain the U.S. Supreme Court's attitude toward the defense of entrapment throughout most of our history.

Question 63

Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

Question 64

List and explain five exceptions to the exclusionary rule.

Question 65

Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?