Deck 10: Remedies for Constitutional Violations I: the Exclusionary Rule and Entrapment

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

The first case to hold that unreasonable searches and seizures by state police violate defendant's due process rights (Fourteenth Amendment)but did not say how the states had to enforce it was:

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

Answer 2

D

Question 3

The deterrence rationale for the exclusionary rule is:

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

Answer 3

C

Question 4

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

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

Question 5

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 6

Empirical research on the exclusionary rule suggests that:

A)the rule has no deterrent effect.
B)the social cost of the rule may be overstated and the deterrent effect of the rule may be understated.
C)the social cost of the rule is as high as the Supreme Court claims.
D)the deterrent effect of the rule is overstated.

Question 7

The_________justification stems from an ancient legal saying,"There's no right without a remedy."

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

Question 8

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 9

The U.S.Supreme Court gave birth to 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 10

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

Question 11

The U.S.Supreme Court has relied on three justifications for throwing out good evidence.Which of the following is NOT one of these three justifications?

A)Deterrence
B)Good faith
C)Judicial integrity
D)Constitutional right

Question 12

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 13

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 14

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 15

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

Question 16

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 17

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 18

Which of the following is NOT a potential negative consequence of the exclusionary rule?

A)Fostering false testimony by police officers
B)Court delay
C)Diversion of resources from suppression hearings to appeal trials
D)Encouragement of plea bargaining

Question 19

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

A)Bad evidence
B)Good evidence
C)Bad methods
D)Exclusionary evidence

Question 20

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 21

The text refers to_________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 22

The_________exception says that illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens enough.

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

Question 23

Which of the following is NOT a direct exception to the exclusionary rule?

A)Knock-and-announce
B)Cross-examination
C)Non-trial proceedings
D)The case-in-chief part of the trial

Question 24

U.S.v.Moscatiello (1985)involved police use of plain view at a physical location where they had no right to be (a warehouse).Although they observed contraband in the form of marijuana,they maintained surveillance and secured a warrant without using the drug observations as a part of their probable cause.This decision created what exception to the exclusionary rule?

A)Independent source exception
B)Inevitable discovery exception
C)Good faith exception
D)Public safety exception

Question 25

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

A)Less than one-tenth of 1 percent
B)1%
C)5%
D)10%

Question 26

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 27

The exclusionary rule is a vehicle to protect the_________Amendment.

A)First
B)Fourth
C)Eighth
D)Fourteenth

Question 28

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 29

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

Question 30

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

Question 31

A protective procedure against violations of constitutional rights is referred to as a(c)_________rule.

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

Question 32

Which of the following is TRUE regarding the knock-and-announce exception?

A)This exception permits the admission of evidence seized during searches of homes,even when officers violate the knock-and-announce rule.
B)Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule can be excluded from trial,but only at the discretion of the prosecutor.
C)Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is automatically excluded from trial.
D)Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is excluded from trial if a judge determines knock-and-announce was violated through a special suppression hearing.

Question 33

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

Question 34

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

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

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 37

Which of the following is NOT one of the three established justifications for the exclusionary rule?

A)Deterrence justification
B)Constitutional justification
C)Judicial integrity justification
D)State's right justification

Question 38

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

Question 39

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 record keeping was negligent but not reckless

Question 40

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 41

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

Question 42

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 43

In Herring v.U.S.(2009)the court 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 44

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

Question 45

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
exception.

Question 46

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

Question 47

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

Question 48

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

Question 49

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

Question 50

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 51

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

Question 52

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

Question 53

Evidence derived from illegally obtained evidence is called_________of the_________.

Question 54

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 55

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__________________exception.

Question 56

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 57

Weeks v.U.S.gave birth to the_________in 1914.

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

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

Question 60

The__________________justification stems from an ancient legal saying,"There's no right without a remedy."

Question 61

Detail five possible negative effects of the exclusionary rule.

Question 62

Discuss two U.S.Supreme Court opinions that expend the good-faith exception.

Question 63

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

Question 64

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?