Deck 10: Remedies for Constitutional Violations I the Exclusionary Rule

Question 1

The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was:

A)Terry v. Ohio .
B)Mapp v. Ohio .
C)Mapp v. Weeks .
D)Miranda v. Arizona .

Answer 1

B

Question 2

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 2

A

Question 3

SCOTUS has ruled that the exclusionary rule does not apply:

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

Answer 3

D

Question 4

Justification of the exclusionary rule is based on which of the following?

A)constitutional rights
B)deterring officers from breaking laws
C)preservation of judicial integrity
D)constitutional rights, deterring officers from breaking laws, and preservation of judicial integrity

Question 5

What justification stems from the ancient legal saying "There is no right without a remedy"?

A)poisonous tree
B)deterrence
C)constitutional right
D)prophylactic rule

Question 6

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 7

In what case did the SCOTUS adopt the controversial good-faith exception to the exclusionary rule?

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

Question 8

What is the part of a trial in which the government presents its evidence to prove the defendant's guilt?

A)the bail hearing
B)the cross-examination
C)the case-in-chief
D)the preliminary hearing

Question 9

What exception allows the use of illegally obtained evidence in nontrial proceedings?

A)the deterrence exception
B)the collateral use exception
C)the judicial integrity exception
D)the constitutional right exception

Question 10

The exclusionary rule applies to all of the following, except:

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 11

SCOTUS created the exclusionary rule in what landmark 1914 decision?

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

Question 12

Which doctrine holds that illegally seized evidence can be introduced at 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

Question 13

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 14

Initially, the exclusionary rule only applied to which of the following?

A)judges
B)prosecutors
C)defense attorneys
D)federal law enforcement officers

Question 15

What was the first case to hold that unreasonable searches and seizures by state police violate defendants' due process rights?

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

Question 16

How often does evidence seized illegally result in dismissals in criminal trials?

A)all the time
B)fairly often
C)rarely
D)never

Question 17

The exclusionary rule bans illegally obtained evidence from what part of a criminal trial?

A)the bail hearing
B)the sentencing
C)the case-in-chief
D)the cross-examination of defense witnesses

Question 18

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

A)the evidence of guilt against the 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 no right without a remedy.

Question 19

In what case did SCOTUS hold that failure to comply with the knock-and-announce rule never violates the exclusionary rule, if officers have a valid warrant to search a home?

A)Herring v. U.S.
B)Hudson v. Michigan
C)U.S. v. Leon
D)Wolf v. Colorado

Question 20

What is another term used to describe probative evidence, or evidence that proves (or helps to prove)that defendants committed the crimes with which they are charged?

A)bad evidence
B)good evidence
C)bad methods
D)exclusionary evidence

Question 21

The deterrence justification bans not only evidence illegally obtained directly but also evidence derived from the illegally obtained evidence.

Question 22

Which of the following is a social cost of the exclusionary rule?

A)All of these are social costs of the exclusionary rule.
B)freeing guilty people
C)undermining the prosecution's case
D)obstructing the search by keeping good evidence out of court

Question 23

U.S. v. Leon (1984)created the:

A)good-faith exception.
B)knock-and-announce rule.
C)exclusionary rule.
D)distinction between good evidence and bad evidence.

Question 24

According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?

A)violent crime
B)serious property crime
C)both violent crime and serious property crime
D)All crimes are significantly affected by the exclusionary rule.

Question 25

The good-faith exception is what type of standard?

A)subjective
B)objective
C)intentional
D)deductive

Question 26

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test?

A)the good-faith exception
B)the inevitable exception
C)the attenuation exception
D)the independent sources exception

Question 27

In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violation of the exclusionary rule, even if officers have a valid warrant to search a home.

Question 28

The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough.

Question 29

According to your text, what percentage of all criminal cases will be dismissed because the police seized evidence illegally?

A)less than 0.1 percent
B)1 percent
C)5 percent
D)10 percent

Question 30

U.S. v. Moscatiello (1985)created what exception to the exclusionary rule?

A)the independent source exception
B)the inevitable discovery exception
C)the good-faith exception
D)the public safety exception

Question 31

The text refers to which of the following as police actions and procedures that violate any of the five constitutional rights?

A)bad evidence
B)bad methods
C)good methods
D)good evidence

Question 32

What case expanded the good-faith exception to include reliance personnel other than law enforcement officers?

A)U.S. v. Leon
B)Arizona v. Evans
C)Illinois v. Kruss
D)Herring v. U.S.

Question 33

SCOTUS applied the exclusionary rule to the states through what amendment to the Constitution?

A)the Fourth Amendment
B)the Fourteenth Amendment
C)the Sixth Amendment
D)the Fifth Amendment

Question 34

What rule is a protective procedure against violations of constitutional rights?

A)an irreversible rule
B)a prophylactic rule
C)a pro se rule
D)a non-violate rule

Question 35

What exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough?

A)the deterrence exception
B)the constitutional exception
C)the ethical exception
D)the attenuation exception

Question 36

What exception to the exclusionary rule says that, even if officers break the law, unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court?

A)the collateral use exception
B)the good-faith exception
C)the attenuation exception
D)the inevitable discovery exception

Question 37

Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally.

Question 38

Which justification for the exclusionary rule prevents officers from breaking the law?

A)constitutional right
B)deterrence
C)none of these
D)judicial integrity

Question 39

Searches and seizures make up the great bulk of suppression cases.

Question 40

In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly)believing there's an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court?

A)Hudson v. Michigan
B)Arizona v. Evans
C)Herring v. U.S.
D)Wolf v. Colorado

Question 41

Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a small portion of cases.

Question 42

_______________ _______________ is a term used to describe probative evidence, or evidence that proves (or helps to prove)that defendants committed the crimes with which they are charged.

Question 43

The exclusionary rule is no longer a "_______________-_______________" rule banning all evidence collected illegally.

Question 44

The _______________ _______________ exception allows illegally obtained evidence that would have eventually been found through constitutional means.

Question 45

The three justifications for the exclusionary rule are the constitutional justification, the deterrence justification, and the _______________ _______________ justification.

Question 46

Empirical research suggests that the _______________ costs of the exclusionary rule may not be as severe as we commonly believe.

Question 47

Weeks v. U.S. gave birth to the _______________ _______________ in 1914.

Question 48

U.S. v. Leon (1984)was a SCOTUS opinion that narrowed the good-faith exception.

Question 49

The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement conduct is called the deterrence justification.

Question 50

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

Question 51

A prophylactic rule is a procedure to prevent violations of constitutional rights.

Question 52

In Herring v. U.S. (2009), SCOTUS held that if an officer makes an arrest, reasonably (but wrongly)believing there's an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment, but evidence obtained during a search incident to the unlawful arrest is admissible in court.

Question 53

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

Question 54

The effects of the exclusionary rule are based on assumptions, not empirical evidence.

Question 55

U.S. v. Leon gave officers a blank check to always rely on warrants.

Question 56

Evidence derived from illegally obtained evidence is called _______________ of the _______________ _______________.

Question 57

Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove)that defendants committed the crimes with which they are charged.

Question 58

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 the _______________ exception.

Question 59

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 60

The exclusionary rule is written in the Fourth Amendment to the Constitution.

Question 61

Discuss two SCOTUS opinions that expand the good-faith exception.

Question 62

Detail five possible negative effects of the exclusionary rule. Provide examples of problems that may arise from these exceptions.

Question 63

Discuss three of the empirical findings with regard to social costs and deterrence of the exclusionary rule.

Question 64

Identify the five exceptions to the exclusionary rule. Explain the importance of each and how it applies to cases.

Question 65

Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does SCOTUS use today?