Deck 2: Results of Failure to Comply With Constitutional Mandates

Question 1

The _____________ states that unconstitutionally seized evidence will not be admitted at trial.

A) Wolf v. Colorado
B) exclusionary rule
C) Bill of Rights
D) United States Constitution

Answer 1

B

Question 2

The Exclusionary Rule was extended to all courts in ________________.

A) Miranda v. Arizona
B) Wolf v. Colorado
C) Mapp v. Ohio
D) Gideon v. Wainwright

Answer 2

C

Question 3

If officers act under the impression they have a valid search warrant and that warrant later turns out to be invalid, Courts may still admit the evidence by/for ______________.

A) the good faith exception
B) impeachment purposes
C) grand jury proceedings
D) civil matters

Answer 3

A

Question 4

Unconstitutionally seized evidence can be used as a rebuttal to the testimony of the defendant. This practice is known as _________________.

A) good faith
B) testimony
C) hearsay
D) impeachment

Question 5

If unconstitutionally seized evidence would have been found at some point in the future, regardless of the unconstitutional search, the Court will allow this evidence to be admitted during trial via the _____________ exception.

A) good faith
B) grand jury
C) inevitable discovery
D) impeachment

Question 6

The plaintiff in a tort action must prove that _____________.

A) the defendant had a duty
B) the defendant breached his/her duty
C) a breach of duty caused an injury to the plaintiff
D) all of the above

Question 7

The statute of Title 42 United States Code § 1983 concerns _________________.

A) civil liabilities of Congress
B) tort actions
C) civil remedies
D) police officer rights

Question 8

If an officer is alleged to have violated an individual's civil rights, he or she may use the defense of ________.

A) involuntary seizure
B) qualified immunity
C) limited liability
D) vicarious liability

Question 9

The doctrine of ______________________ states that a master (or police agency) is liable for the actions of the servant (or individual police officer).

A) respondeat superior
B) limited liability
C) municipal liability
D) tort actions

Question 10

_______________ states that police agencies can be held civilly liable for the actions of the officers they employ.

A) Limited liability
B) Tort law
C) Vicarious liability
D) The United States Constitution

Question 11

The doctrine of ______________ states that cities can be held civilly liable for the actions of their police agencies.

A) limited liability
B) tort actions
C) de jour liability
D) municipal liability

Question 12

Title 42 United States Code § 1983 allows individuals claiming civil rights violations to sue _______________.

A) individual officers
B) police departments
C) municipalities
D) all of the above

Question 13

Agencies and municipalities often try to avoid civil liability by _______________.

A) implementing accountability waivers
B) implementing rigorous training protocols
C) establishing clear policy
D) both b and c

Question 14

Title 42 United States Code § 1983 states that officers can be held _____________ for civil rights violations.

A) civilly liable
B) criminally liable
C) tortuously liable
D) both a and b

Question 15

The police often engage in ______________. These actions are not amenable to prior planning and procedure and involve "on-the-spot" decisions.

A) reasonable actions
B) discretionary functions
C) policy modification
D) qualified actions

Question 16

The exclusionary rule is explicitly written in the Constitution.

Question 17

All countries utilize the exclusionary rule.

Question 18

Mapp v. Ohio applied the exclusionary rule to state court proceedings.

Question 19

The exclusionary rule excludes all evidence seized without a warrant.

Question 20

The good faith exception to the exclusionary rule is usually limited to mistakes made by magistrates.

Question 21

Illegally seized evidence can be used for impeachment purposes.

Question 22

The exclusionary rule applies to all illegally seized evidence at grand jury proceedings.

Question 23

Police officers can be held civilly liable for violating the civil rights of an individual.

Question 24

Police officers cannot be held criminally liable for violating the civil rights of an individual.

Question 25

Police officers can claim qualified immunity during civil and criminal proceedings.

Question 26

An action fulfills the requirement of willfullness if the action was done voluntarily and intentionally.

Question 27

A supervisor and agency can never be held liable for the action of a subordinate.

Question 28

The Supreme Court has stated that municipalities can be held liable for the actions of the officers they employ.

Question 29

Officers can be held liable for failing to intervene as another officer violates the civil rights of an individual.

Question 30

Mapp v. Ohio primarily concerns evidence seized by violating Fourth Amendment protections.