Deck 4: The Exclusionary Rule

Question 1

The silver platter doctrine:

A)applies in federal courts.
B)applies in all state courts.
C)has been overruled by Congress.
D)has been overruled by the Supreme Court.

Answer 1

D

Question 2

The rule that even evidence that is obtained as an indirect result of police misconduct is inadmissible is called the:

A)independent source doctrine.
B)inevitable discovery doctrine.
C)"fruit of the poisonous tree" doctrine.
D)good faith doctrine.

Answer 2

C

Question 3

The prosecution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:

A)automatic reversal.
B)harmless error.
C)mandatory remand.
D)inevitable reversal.

Answer 3

B

Question 4

The exclusionary rule means that evidence illegally seized by state or federal officers cannot be used in:

A)any state prosecution.
B)any federal prosecution.
C)any state or federal prosecution.
D)None of the answers are correct.

Question 5

The primary procedural mechanism for invoking the exclusionary rule is a motion to:

A)quash information.
B)exclude information.
C)suppress evidence.
D)repress evidence.

Question 6

If the police make an honest and reasonable error or mistake which violates the Fourth Amendment,the evidence may still be admissible under application of the exception.

A)"fruit of the poisonous tree"
B)good faith
C)valid warrant
D)independent source

Question 7

In Mapp v.Ohio (1961),the U.S.Supreme Court:

A)abandoned the silver platter doctrine.
B)required federal courts to utilize the exclusionary rule.
C)created the fruit of the poisonous tree doctrine.
D)made the exclusionary rule applicable against the states.

Question 8

The federal exclusionary rule may be triggered by violation of which of the following?

A)A state statute
B)A federal statute
C)A state constitution
D)The Fourth Amendment

Question 9

The exclusionary rule provides that evidence obtained in violation of the Fourth Amendment is:

A)admissible in legal proceeding if it is used to prove a fact.
B)admissible in a civil suit brought by an individual for breach of contract.
C)inadmissible a criminal proceeding to prove a fact by the prosecution.
D)inadmissible in a criminal proceeding as evidence of guilt.

Question 10

Which of the following is an exception to the "fruit of the poisonous tree" doctrine?

A)Golden platter
B)Harmless error
C)Purged taint
D)Standing

Question 11

Which exception applies when the prosecution can show that the police would later have found the evidence in question anyway using lawful means?

A)Inevitable discovery
B)Ultimate lawful finding
C)Probable cause
D)Independent source

Question 12

The federal Fourth Amendment exclusionary rule is viewed by a majority of the U.S.Supreme Court as a:

A)command of the Constitution.
B)statute.
C)judicially created rule.
D)mandate of federalism.

Question 13

The first exclusionary rule case involving searches and seizures was:

A)Weeks v.U.S.
B)Boyd v.U.S.
C)Mapp v.Ohio.
D)Carlson v.Kentucky.

Question 14

Historically,the exclusionary rule,originated in

A)England.
B)the United States.
C)France.
D)Germany.

Question 15

Which of the following is not an exception to the exclusionary rule?

A)Exigent circumstances
B)Good faith
C)Independent source
D)Inevitable discovery

Question 16

Which of the following is not currently an exception to the exclusionary rule?

A)Good faith
B)Inevitable discovery
C)Independent source
D)Silver platter

Question 17

In order for a person to invoke the exclusionary rule,they must have:

A)standing.
B)jurisdiction.
C)venue.
D)comity.

Question 18

The purpose of the exclusionary rule is to:

A)deter judicial misconduct.
B)punish citizens who violate constitutional rights.
C)protect rights against violation by the legislature.
D)deter police misconduct.

Question 19

The U.S.Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of:

A)Elkins v.U.S.
B)Rochin v.California.
C)U.S.v.Janis.
D)Weeks v.Ohio.

Question 20

Which of the following is not an example of a case in which the "inevitable discovery" exception would apply?

A)An error committed by a judge
B)An error committed by a court employee
C)A police action was based on a law that was later declared unconstitutional
D)Evidence would have been discovered anyway

Question 21

In Britain,illegally obtained evidence is admitted in court,but the:

A)defendant cannot be imprisoned for the crime.
B)officer at fault is subject to internal department discipline.
C)agency involved must pay a heavy fine to the defendant.
D)officer at fault must pay a heavy fine to the defendant.

Question 22

Which is applicable when a defendant's voluntary act after illegal police conduct breaks the causal chain between the police misconduct and the evidence?

A)Independent source
B)Good faith
C)Inevitable discovery
D)Purged or dissipated taint

Question 23

Which of the following types of evidence are excludable?

A)Legally seized evidence and the fruit of the poisonous tree
B)Illegally seized evidence and the fruit of the poisonous tree
C)Illegally seized evidence and purged taint
D)Legally seized evidence and purged taint

Question 24

The harmless error doctrine:

A)is an exception to the exclusionary rule.
B)is an expansion of the exclusionary rule.
C)applies to Fourth Amendment violations.
D)is an example of the "fruit of the poisonous tree" doctrine.

Question 25

The basic idea behind the good faith exception is that the exclusionary rule should only apply if there was:

A)deterrable misconduct by the police.
B)any type of misconduct by the police.
C)any type of misconduct by any segment of the criminal justice system.
D)deterrable misconduct by any private citizen.

Question 26

Which of the following is an argument in favor of the exclusionary rule?

A)It deters police misconduct.
B)It provides too much of an advantage to the defendant.
C)It impedes the search for the truth.
D)It is a court-made rule,not a command of the constitution.

Question 27

The case which did away with the silver platter doctrine was:

A)Silverthorne Lumber Co.v.United States.
B)Elkins v.United States.
C)Mapp v.Ohio.
D)Massachusetts v.Sheppard.

Question 28

The primary purpose of the exclusionary rule is to deter misconduct by:

A)defense attorneys.
B)judges.
C)police.
D)prosecutors.

Question 29

There are "general" exceptions to the exclusionary rule.

A)two
B)three
C)four
D)five

Question 30

Police today are more professional and have more training as a result of:

A)the plea bargaining rule.
B)the silver platter doctrine.
C)the exclusionary rule.
D)both the pleas bargaining rule and silver platter doctrine.

Question 31

Assume that the police search Mr.X's home without a warrant and in violation of the Fourth Amendment.At his home they find a key,which they recognize as being for a locker at the local bus station.They go to the bus station,find the locker,and open it,discovering a substantial amount of cocaine inside.Which of the following rules states that this evidence is not admissible?

A)Purged or dissipated taint
B)Fruit of the poisonous tree
C)Inevitable discovery
D)Independent source

Question 32

Illegally seized evidence and the "fruit of the poisonous tree" are:

A)admissible under certain exceptions.
B)not subject to the exclusionary rule.
C)never admissible under any circumstances.
D)None of the answers are correct.

Question 33

Which of the following is an alternative to the exclusionary rule?

A)A civil tort action against the government
B)An independent review board in the executive branch
C)Adoption of an expanded good faith exception
D)All of the answers are correct.

Question 34

In Pennsylvania Board of Probation and Parole v.Scott (1998),the U.S.Supreme Court held that the exclusionary rule:

A)applies to parole revocation but not probation revocation hearings.
B)does not apply to parole revocation hearings.
C)applies to both probation and parole revocation proceedings.
D)applies to probation revocation but not parole revocation hearings.

Question 35

In which of the following proceedings does the exclusionary rule apply?

A)Private searches
B)Parole revocation hearings
C)Grand jury investigations
D)None of the answers are correct.

Question 36

The Fourth Amendment:

A)applies against private citizens acting on their own.
B)applies against private corporations acting on their own.
C)does not apply against the federal government.
D)does not apply to private citizens acting on their own.

Question 37

If the motion to exclude the evidence fails during appeal,a defendant may still invoke the exclusionary rule through a:

A)fruit of the poisonous tree proceeding.
B)good faith proceeding.
C)habeas corpus proceeding.
D)purged taint proceeding.

Question 38

The good faith exception for errors made by the magistrate in search warrants was created by the U.S.Supreme Court's decisions in the cases.

A)Mapp and Silverthorne Lumber
B)Sheppard and Leon
C)Evans and Krull
D)Garrison and Rodriguez

Question 39

Which of the following is an argument against the exclusionary rule?

A)It demonstrates our commitment to the rule of law.
B)It makes society pay for an officer's mistakes.
C)It is involved in only a very small percentage of cases.
D)It preserves the integrity of the judiciary.

Question 40

Which of the following is one of the four general exceptions to the exclusionary rule:

A)harmless error.
B)silver platter doctrine.
C)good faith.
D)arrest.

Question 41

The famous case in which the U.S.Supreme Court made the exclusionary rule binding on the states was
______________.

Question 42

Prior to Weeks v.United States,what would have been the result in federal court?

A)All the evidence would have been admissible
B)Only the printing presses would have been admissible
C)None of the evidence would have been admissible
D)Only the printing plates would have been admissible

Question 43

If the garage was at 421 Main Street,and that is what the officer testified to the magistrate to obtain the search warrant,but the search warrant showed the address to be 427 Main Street,the exclusionary rule

A)does not apply under the good faith exception.
B)applies and the evidence is inadmissible.
C)does not apply under the inevitable discovery exception.
D)does not apply under the purged taint exception.

Question 44

The exclusionary rule provides that any evidence obtained by the government in violation of the Fourth Amendment guarantee against search and seizure is not admissible in a criminal prosecution to prove guilt.

Question 45

The taint doctrine is an exception to the "fruit of the poisonous tree" doctrine.

Question 46

One alternative to the exclusionary rule is to sue the government and the officers in a civil action.

Question 47

For this evidence to be admissible and not a violation of the exclusionary rule,

A)no search warrant is needed,because of the principle of inevitable discovery.
B)no search warrant is needed,because it is independent source.
C)a search warrant would have been needed.
D)no search warrant is needed,because the actions occurring in the apartment were illegal.

Question 48

If a neighbor had conducted the search and found the evidence,then called the officers,it is admissible,because it is

A)a private search.
B)fruit of the poisonous tree.
C)independent source.
D)an inevitable source.

Question 49

The exclusionary rule functions primarily as a vehicle to remedy violations of the Amendment.

Question 50

What would be the result today in state court?

A)All the evidence would be admissible
B)Only the printing presses would be admissible
C)None of the evidence would be admissible
D)Only the printing plates would be admissible

Question 51

If the officers had a search warrant,but only waited two seconds after announcing their presence at the apartment door,the exclusionary rule

A)applies because they did not properly knock and announce.
B)does not apply under the knock and announce exception.
C)does not apply because they did not have reasonable suspicion.
D)does apply because they had reasonable suspicion.

Question 52

If the officers obtained verbal consent,but the department policy required a written consent,it is not a violation of the exclusionary rule,because

A)the agency rule is invalid.
B)the agency rule cannot contradict the constitutional rule.
C)it is independent source.
D)it violates an agency rule,but not the constitutional rule.

Question 53

Evidence that is obtained through the use of illegally obtained evidence is called the .

Question 54

If Officer White did not have the pictures,but just information from several informants,but he told the magistrate that he had seen the boxes,the exclusionary rule

A)would apply,because the officer did not act in good faith.
B)would not apply,because the magistrate issued the search warrant.
C)would not apply,because of the purged taint exception.
D)None of the answers are correct.

Question 55

If the search warrant was on a form used for search of controlled substances,but the magistrate failed to delete the controlled substances language,the exclusionary rule would

A)not apply,because the officer acted in good faith.
B)apply,because the officer is responsible for the wording of the warrant.
C)not apply,because of judicial immunity.
D)apply,because courts are very particular about what forms are used.

Question 56

After Weeks v.United States,what would have been the result in federal court?

A)All the evidence would have been admissible
B)Only the printing presses would have been admissible
C)None of the evidence would have been admissible
D)Only the printing plates would have been admissible

Question 57

One of the arguments against the Exclusionary Rule is that it is wrong to make pay for an officer's mistake.

Question 58

The U.S.Supreme Court has overruled the silver doctrine.

Question 59

Evidence obtained by an illegal search is admissible in court when the officer conducting the search acted in objective reasonable reliance on a search warrant that is subsequently declared to be _.

Question 60

The purpose of the exclusionary rule is to police misconduct.

Question 61

The legal concept that generally determines whether or not a person can legally file a lawsuit or submit a petition is known as _.

Question 62

The doctrine which at one time permitted federal courts to admit evidence illegally seized under state law that was handed over to federal officers for use in federal cases was known as the doctrine.

Question 63

U.S.Supreme Court decisions strongly suggest that the exclusionary rule applies only to Fourth Amendment
______________ cases.

Question 64

The first case to use the exclusionary rule in 1886 was .

Question 65

In United States v.Leon,468 U.S.897 (1984),the Court said that the exclusionary rule is a "______________
created remedy designed to safeguard Fourth Amendment rights."

Question 66

The exclusionary rule does not apply in hearings.

Question 67

The 1914 decision in which the U.S.Supreme Court decided that the exclusionary rule applied in all federal prosecutions was v.United States.

Question 68

Weeks v.United States applies to evidence obtained improperly in court cases.

Question 69

To prove error,the prosecution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction.

Question 70

The purged taint exception applies when a defendant's act of free will breaks the causal chain between tainted
and illegal police conduct.

Question 71

The exclusionary rule does not apply in investigations.

Question 72

One of the exceptions to the exclusionary rule is the discovery exception.

Question 73

During his time on the Supreme Court,Chief Justice Burger called for the exclusionary rule's .

Question 74

In both federal and state courts,the basic procedure for excluding evidence on a claim of illegal search and seizure is__________a pretrial motion to the evidence.

Question 75

The exclusionary rule has been by Court decisions,but it is here to stay.

Question 76

An exception to the exclusionary rule is the independent exception.

Question 77

The exclusionary rule may be invoked by the at just about any stage of the criminal justice
proceeding and even while the defendant is serving a sentence after a conviction.

Question 78

One exception to the exclusionary rule is the independent exception.

Question 79

Mapp v.Ohio dealt with a search by police officers employed by a .

Question 80

The Supreme Court held in that the exclusionary rule is a "judicially created remedy designed to safeguard Fourth Amendment rights."