Deck 9: The Exclusionary Rule

Question 1

If ___________ statements are made or evidence discovered from consensual talks between police and citizens, the statements or evidence may be used in criminal prosecutions.

A)inflammatory
B)incriminating
C)coerced
D)alibi

Answer 1

B

Question 2

The U.S.Supreme Court made the exclusionary rule mandatory in federal courts in

A)1821.
B)1902.
C)1914.
D)1961.

Answer 2

C

Question 3

Only the exception for ____________ applies to the fruit of the poisonous tree doctrine.

A)good faith
B)inevitable discovery
C)independent source
D)attenuation of the taint

Answer 3

D

Question 4

Evidence obtained in violation of Miranda is generally treated differently than evidence obtained from other violations in that

A)the exclusionary rule does not apply to the statement obtained in violation of Miranda.
B)statements obtained in violation of Miranda must be excluded in federal courts but not in state courts.
C)statements obtained in violation of Miranda must be excluded in state courts but not in federal courts.
D)the fruit of the poisonous tree doctrine does not apply to physical evidence obtained from Miranda violations.

Question 5

The U.S.Supreme Court made the exclusionary rule binding on the states in

A)1902.
B)1914.
C)1961.
D)2000.

Question 6

The type of evidence which excluded pursuant to the exclusionary rule includes all but one of the following

A)physical evidence.
B)confessions.
C)eyewitness and voice information.
D)witness evidence.

Question 7

The U.S.Supreme Court made the federal exclusionary rule mandatory for state courts in

A)Mapp v.Ohio.
B)Weeks v.U.S.
C)Miranda v.Arizona.
D)Settles v.Arkansas.

Question 8

The fruit of the poisonous tree doctrine is also known as the ____________ rule.

A)attenuation of the taint
B)inevitable discovery
C)derivative evidence
D)independent source

Question 9

The Self-Incrimination Clause has only one, specific goal: to protect against compelled, self-incriminating statements.This falls under the ___________ Amendment.

A)Fourteenth
B)Second
C)Fourth
D)Fifth

Question 10

Where, however, a significant period of time goes by between the improper conduct and the new evidence, the U.S.Supreme Court has long held that the "_________" from the improper conduct can be dissipated.

A)taint
B)consequences
C)repercussions
D)impact

Question 11

If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule.

A)exigent circumstances
B)inevitable discovery
C)independent source
D)attenuation of the taint.

Question 12

The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the ___________ doctrine.

A)dissipation of the taint
B)attenuation
C)fruit of the poisonous tree
D)inevitable discovery

Question 13

The primary justification for the exclusionary rule is

A)discouraging or deterring police misconduct.
B)ensuring judicial discretion.
C)helping innocent defendants avoid conviction.
D)helping guilty defendants avoid conviction.

Question 14

Improper police conduct must be deterred in order to accomplish the purpose of the _________ Amendment.

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

Question 15

When the exclusionary rule applies, the evidence will be _____________.

A)truncated
B)didacted
C)assimilated
D)excluded

Question 16

Which of the following is not an exception to the exclusionary or derivative evidence rules?

A)exigent circumstances
B)inevitable discovery
C)independent source
D)attenuation of the taint

Question 17

Knock-and talk sessions can become "________", if the questioning changes from consensual to interrogation, and may result in constitutional violations.

A)voluntary
B)derogatory
C)custodial
D)situational

Question 18

If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the ____________ exception to the exclusionary rule.

A)exigent circumstances
B)inevitable discovery
C)independent source
D)attenuation of the taint

Question 19

One of the costs (and criticisms) of the federal exclusionary rule is that it

A)is too simple to covers a variety of situations.
B)may result in innocent people being convicted.
C)may result in guilty people being acquitted.
D)has no exceptions.

Question 20

Among the arguments in favor of the exclusionary rule is that

A)it deters police misconduct and is the only practical means to enforce rights.
B)it is necessary to keep unreliable physical and scientific evidence out of the courts.
C)it may result in guilty people being acquitted and innocent people being convicted.
D)it may result in guilty people being convicted and innocent people being acquitted.

Question 21

If the police can show they would have found the evidence eventually by legal means, it may trigger the independent source exception to the exclusionary rule.

Question 22

Evidence gathered from initial improper conduct is called "fruit of the poisonous tree".

Question 23

Excluding a confession obtained after an illegal search and seizure is an example of the application of the fruit of the poisonous tree doctrine.

Question 24

If a state has a state-created exclusionary rule, the federal exclusionary rule does not apply.

Question 25

Evidence obtained illegally by wiretapping or electronic eavesdropping is not subject to the exclusionary rule.

Question 26

The fruit of the poisonous tree doctrine is also referred to as the derivative evidence rule.

Question 27

There are no exceptions to the fruit of the poisonous tree doctrine.

Question 28

In the Fahy v.Connecticut case, the court noted that there was no prejudicial effect of erroneously admitted evidence.

Question 29

The fruit of the poisonous tree doctrine does not apply to physical evidence.

Question 30

The exclusionary rule can apply to evidence obtained in violation of the Sixth Amendment right to counsel.

Question 31

Police misconduct can result in the violation of the Fifth and Fourteenth Amendments' Clauses of due process.

Question 32

Wong Sun v.U.S.is a U.S.Supreme Court decision where the Court concluded that the taint had been dissipated and the confession was admissible.

Question 33

If the government can satisfy the attenuation of the taint doctrine, the fruit of the poisonous tree doctrine does not apply.

Question 34

If the improper police conduct is a failure to give a Miranda warning, the courts always apply the poisonous tree doctrine and suppress evidence obtained.

Question 35

In Nix v.Williams, the inevitable discovery rule was adopted.

Question 36

Use of the exclusionary rule to exclude unreliable evidence could help protect innocent people from being convicted.

Question 37

In Mapp v.Ohio, the U.S.Supreme Court made the federal exclusionary rule binding on the states.

Question 38

For most of U.S.history, there was no federal exclusionary rule.

Question 39

The Miranda rule does not include safeguards before obtaining confessions or other incriminating statements.

Question 40

The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable evidence.

Question 41

One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____________ source doctrine.

Question 42

The primary purpose of the exclusionary rule is to deter ____________ misconduct.

Question 43

Knock-and talk sessions can become "________", if the questioning changes from consensual to interrogation, and may result in constitutional violations.

Question 44

Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine.Be sure to provide examples.

Question 45

The U.S.Supreme Court has refused to apply the derivative evidence rule to physical evidence obtained after obtaining a confession in violation of ____________ v.Arizona.

Question 46

The U.S.Supreme Court has concluded that the inevitable discovery exception has the same basic justification as the independent _____________ rule.

Question 47

The fruit of the poisonous tree doctrine is also known as the ___________ evidence rule.

Question 48

Courts have had conflicting opinions about the application of the ____________________ doctrine when improper police conduct consists of the failure to give the Miranda warning.

Question 49

What did the U.S.Supreme Court hold in U.S.v.Patane (2004)? What was the Court's rationale? Explain why you agree or disagree with this decision.

Question 50

The U.S.Supreme has often held that "Mere police questioning does not constitute a seizure", Florida v.Bostick, 501 U.S.429, 434 (1991), whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity.If the circumstances surrounding the knock-and-talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes "custodial" and the person is "seized" under the Fourth Amendment.With that noted, what factors do you think should be recognized as factors that should be taken into consideration when judging whether a person should reasonably consider him/herself in "custody"? Explain your responses.

Question 51

What is the "fruit of the poisonous tree" doctrine? Why do you think it is necessary to have such a rule?

Question 52

In ____________ v.Ohio, the U.S.Supreme Court made the federal exclusionary rule binding on the states.

Question 53

In Hudson v.Michigan, the court stated that the exclusionary rule is most appropriate in cases of ____________ searches.

Question 54

In ______ v.U.S., the Supreme Court held this was an exception to the fruit of the poisonous tree doctrine.

Question 55

In _______v.United States, the U.S.Supreme Court described the scope of the exclusionary rule and its application to indirect evidence.

Question 56

Violations of the ____________ Amendment privilege against self-incrimination can result in exclusion of the confession.

Question 57

Unreasonable searches and seizures that violate the ___________ Amendment can trigger the federal exclusionary rule.

Question 58

One of the exceptions to the exclusionary rule and fruit of the poisonous tree doctrine is the _____________ discovery rule.

Question 59

A search conducted pursuant to an invalid search ____________ may be subject to the exclusionary rule.

Question 60

Discuss the arguments for and against the exclusionary rule.Be sure to provide examples.Explain your position on the exclusionary rule.

Question 61

Review the Nix v.Williams case and respond to the following: do you feel that the Supreme Court made the correct assumption in stating that the searchers probably would have found the deceased girl's body even without the information provided by Williams? If the Supreme Court had ruled that the subsequent discovery of the body and related evidence was fruit of the poisonous tree would justice have been served? Why or why not?

Question 62

Where police misconduct violates an individual right protected by the U.S.Constitution, the applicability of an exclusionary rule (and a court's ability to change the rule) can depend on the constitutional right violated.Do you feel that evidence that would be omitted due to such a violation be excluded even if the evidence would show clear guilt or innocence? Why or why not?

Question 63

The "attenuation" doctrine requires a showing that the time between the improper police conduct and the subsequently discovered evidence was sufficiently lengthy to dissipate the "taint" of the illegal conduct.What do you feel is a sufficient length of time for this to be appropriate? Do you believe that there should be a universal time period that would apply to all situations? Why or why not?