Deck 10: The Exclusionary Rule and Entrapment

Question 1

Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting "_____."

A)with good conscience
B)in good faith
C)with good intentions
D)on principle

Answer 1

B

Question 2

The _____ doctrine holds that any evidence discovered as a result of unlawfully seized evidence must be excluded from evidence at trial.

A)bad-faith
B)broken-doors
C)fruit-of-the-poisonous-tree
D)silver-platter

Answer 2

C

Question 3

Before the Weeks v. United States, which of the following was not a consequence for police when they unconstitutionally seized evidence?

A)Civil suits for the return of property
B)Civil suits for damages
C)Internal administrative discipline
D)Evidence excluded at trial

Answer 3

D

Question 4

Any evidence that is discovered as a result of other any other evidence is known as _____.

A)derivative evidence
B)indirect evidence
C)secondary evidence
D)fruit of the poisonous tree

Question 5

In Wolf v. Colorado, the U.S. Supreme Court _____.

A)incorporated the Fourth Amendment to the states
B)expanded the exclusionary rule to the states
C)held the silver-platter doctrine unconstitutional
D)held the fruit-of-the-poisonous-tree doctrine unconstitutional

Question 6

In order to determine whether the good-faith exception should apply in a given situation, the U.S. Supreme Court has stated that courts should pose the question "_____."

A)whether the search was constitutional
B)whether a reasonable person would have believed the search illegal
C)whether a reasonably well-trained officer would have known that the search was illegal
D)whether a reasonably trained judge should determine the search illegal

Question 7

Which is the leading case in regard to the independent-source exception to the exclusionary rule?

A)Murray v. State
B)Nix v. Williams
C)Silverthorne Lumber Company v. United States
D)United States v. Pardue

Question 8

If there has been a significant period of time between the constitutional violation and the subsequent seizure of evidence, the connection is said to be _____.

A)attenuated
B)constricted
C)corrupted
D)filtered

Question 9

The U.S. Supreme Court established the aptly named "shocks the conscience" standard in which case?

A)Bivens v. Six Unknown Named Agents
B)Elkins v. United States
C)Rochin v. California
D)Unicted States v. Calandra

Question 10

The practice of federal agents using evidence in court that was unreasonably obtained by state police was known as the _____.

A)death-knell doctrine
B)fruit-of-the-poisonous-tree doctrine
C)safeguard doctrine
D)silver-platter doctrine

Question 11

In Mapp v. Ohio, the U.S. Supreme Court held that _____.

A)evidence seized in an unlawful search was to be excluded in federal courts
B)evidence seized in an unlawful search was to be excluded in state courts
C)federal police who seized evidence in an unlawful manner were subject to criminal prosecutions
D)state police who seized evidence in an unlawful manner were subject to criminal prosecutions

Question 12

According to the text, the exclusionary rule has led police departments to better train their officers and stress the importance of _____.

A)duty
B)oversight
C)professionalism
D)responsibility

Question 13

In Weeks v. United States, the U.S. Supreme Court held that _____.

A)evidence seized in an unlawful search was to be excluded in federal courts
B)evidence seized in an unlawful search was to be excluded in state courts
C)federal police who seized evidence in an unlawful manner were subject to criminal prosecutions
D)state police who seized evidence in an unlawful manner were subject to criminal prosecutions

Question 14

The silver-platter doctrine was ruled unconstitutional in which case?

A)Chapman v. California
B)Elkins v. United States
C)Rochin v. California
D)United States v. Boone

Question 15

According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?

A)An individual who has placed items in a bag belonging to someone else
B)A passenger in an automobile who has stored items in the glove compartment
C)An individual who has rented a hotel room for the purpose of attending a business meeting
D)An overnight guest at the home of a friend

Question 16

Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?

A)Arizona v. Evans
B)Illinois v. Krull
C)Massachusetts v. Sheppard
D)United States v. Leon

Question 17

Evidence obtained unlawfully may be used at trial to impeach the credibility of _____.

A)a nonexpert defense witness
B)an expert defense witness
C)a nonexpert prosecution witness
D)the defendant

Question 18

In order to invoke the exclusionary rule and challenge the admissibility of evidence, a defendant must have _____.

A)authority
B)civil rights
C)due process
D)standing

Question 19

Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the _____ rule.

A)assured finding
B)imminent domain
C)inevitable discovery
D)unavoidable determination

Question 20

Unlawfully seized evidence can be used in all but which of the following?

A)Bail hearings
B)Grand jury proceedings
C)Sentencing hearings
D)Such evidence can be used in all of the above.

Question 21

Research conducted by Thomas Davies indicates that _____ of all felony arrests are either not prosecuted or result in nonconvictions at trial due to loss of evidence from the exclusionary rule.

A)less than 3%
B)just under 10%
C)about 15%
D)about 33%

Question 22

One argument in favor of the exclusionary rule is that it directly impacts police, as they are the first to feel the impact of excluded evidence.

Question 23

A majority of states follow which test for entrapment?

A)The subjective test
B)The objective test
C)The due process test
D)The reasonableness test

Question 24

In the wake of Mapp v. Ohio, the exclusionary rule was applicable to which of the following?

A)State courts and law enforcement
B)Federal courts and law enforcement
C)Federal, state, and local courts
D)None of the above

Question 25

Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.

Question 26

Which of the following is true regarding any evidence seized as a result of unconstitutionally seized evidence is inadmissible at trial?

A)It is admissible in state court upon a showing of necessity.
B)It is inadmissible at trial.
C)It is admissible but only during jury deliberation.
D)It is inadmissible unless the prosecution requests its admission.

Question 27

In which amendment did the U.S. Supreme Court incorporate the exclusionary rule to the states?

A)Fourth Amendment
B)Fourteenth Amendment
C)First Amendment
D)None of the above

Question 28

The federal courts follow which test for entrapment?

A)The subjective test
B)The objective test
C)The due process test
D)The reasonableness test

Question 29

The U.S. Supreme Court has ruled that police may assume legislation to be constitutional unless there is probable cause to believe it is unconstitutional.

Question 30

Which test for entrapment focuses on the actions of the police?

A)The subjective test
B)The objective test
C)The due process test
D)The reasonableness test

Question 31

When the exclusionary rule was applied to the states, what was the impact?

A)Only five states had been enforcing it.
B)The states rebelled.
C)Many of the states were already enforcing it.
D)None of the states had been enforcing it.

Question 32

Before the creation of the exclusionary rule, which of the following was true?

A)Various civil, criminal, and administrative penalties for violation of the Fourth Amendment did very little to deter police.
B)Law enforcement officials were hesitant to pursue administrative complaints.
C)Prosecutors were reluctant to bring criminal actions against police.
D)All of the above

Question 33

As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.

Question 34

About half of the states follow the due process test for entrapment.

Question 35

Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.

Question 36

Evidence unlawfully obtained from a defendant can be used to impeach testimony given by a defense witness.

Question 37

In federal court, when entrapment is argued, the emphasis is placed on the actions of the government.

Question 38

Which test for entrapment focuses on the predisposition of the defendant?

A)The subjective test
B)The objective test
C)The due process test
D)The reasonableness test

Question 39

Evidence seized following a failure to follow the knock-and-announce rule is disallowed at trial via the exclusionary rule.

Question 40

Most states follow the objective test for entrapment.

Question 41

Explain the entrapment defense. How is this an "affirmative" defense? What is the danger inherent in posing such a defense? Give a hypothetical scenario in which a defendant might attempt to argue entrapment but would be unsuccessful. Explain the defendant's failure to argue this defense.

Question 42

Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?

Question 43

The text lists a series of arguments both for and against the exclusionary rule. List three arguments from each side (from within or outside the text) and explain the rationale behind each. Which side do you feel has a stronger argument? Why?

Question 44

What is the difference between the subjective and objective tests for entrapment? Under which test is a defendant more likely to prevail?

Question 45

Do you believe individuals can be pressured into criminal activity? Why or why not?

Question 46

Evidence that is obtained as a derivation of other evidence that was obtained unconstitutionally is known as _____.

Question 47

What is the standard of proof required for the prosecution to show inevitable discovery?

Question 48

Explain the process one might use to invoke the exclusionary rule.

Question 49

The text lists several alternatives to the exclusionary rule. List some of these options and explain why you believe they would/wouldn't work. Can you come up with any alternatives?

Question 50

One of the many exceptions to the exclusionary rule is to so-called "good faith" exception. Explain this exception, why the Court allows it, and how it has been used in the past. What are some of the criticisms of this exception? Do you believe these are valid? Why or why not?

Question 51

What is a collateral proceeding, and how does it relate to the exclusionary rule?

Question 52

A defendant who argues entrapment and acknowledges his/her actions yet attempts to excuse them is known as presenting a/an _____ defense.

Question 53

When police seize evidence without a warrant, the burden of proof in regard to the admissibility of that evidence falls on the _____.

Question 54

Evidence obtained by police forcing a suspect to vomit up swallowed evidence was ruled inadmissible at trial because the actions taken by police were said to have "_____ and violated the Due Process Clause of the Fourth Amendment."

Question 55

A defendant is required to have standing in order to challenge the introduction of evidence at trial. In the following scenario, which party may assert the claim? An officer stopped a vehicle fleeing the scene of what was believed to be a robbery. In addition to the driver, there was a passenger in both the front and back seat. A search beneath the front driver's seat revealed significant amounts of narcotics and a firearm. The front passenger wishes to suppress this evidence at his criminal trial. What will be the result?