Question 1

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

Accepted Answer

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Question 2

Which of the following is a social cost of the exclusionary rule?

Accepted Answer

The exclusionary rule, which prevents illegally obtained evidence from being used in court, can lead to social costs such as freeing guilty individuals, undermining prosecutions, and obstructing justice by excluding valid evidence. All the options listed are recognized as potential negative impacts of applying the exclusionary rule.

Question 3

U.S. v. Leon (1984)created the:

Accepted Answer

U.S. v. Leon (1984) established the good-faith exception to the exclusionary rule, allowing evidence collected in violation of the Fourth Amendment to be admitted in court if law enforcement officers were acting on a mistakenly issued warrant they believed to be valid.

Question 4

According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?

Accepted Answer

The exclusionary rule, which prevents the use of illegally obtained evidence in court, has been found through empirical research to have little to no effect on the rates of violent crimes and serious property crimes. This is because the rule primarily impacts how evidence is collected and used in court, rather than deterring the commission of the crimes themselves.

Question 5

The good-faith exception is what type of standard?

Accepted Answer

The good-faith exception is an objective standard, focusing on whether a reasonable person would have believed the action was lawful, rather than on the subjective intent or belief of the individuals involved.

Question 6

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test?

Accepted Answer

The good-faith exception to the exclusionary rule demonstrates the Supreme Court's commitment to the balancing test by allowing evidence collected in violation of the Fourth Amendment to be admitted in court if law enforcement officers were acting on a mistaken belief that their actions were legal, such as relying on a search warrant that is later found to be invalid. This exception balances the need to deter police misconduct against the societal cost of excluding evidence that is reliable and relevant to a criminal case.

Question 7

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

Accepted Answer

In Hudson v. Michigan (2006), the Supreme Court held that evidence obtained after a violation of the knock-and-announce rule is not subject to the exclusionary rule if the officers have a valid warrant to search a home. This means that evidence can still be used in court even if officers fail to follow the knock-and-announce requirement.

Question 8

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

Accepted Answer

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Question 9

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

Accepted Answer

Less than 0.1 percent of all criminal cases will be dismissed because the police seized evidence illegally.

Question 10

U.S. v. Moscatiello (1985)created what exception to the exclusionary rule?

Accepted Answer

The U.S. v. Moscatiello (1985) case is associated with the independent source exception to the exclusionary rule, which allows evidence initially discovered during an unlawful search to be admitted if it is later obtained independently from activities untainted by the initial illegality.

Question 11

The text refers to which of the following as police actions and procedures that violate any of the five constitutional rights?

Accepted Answer

Bad methods refer to police actions and procedures that violate constitutional rights, as they are not conducted according to the law or ethical standards.

Question 12

What case expanded the good-faith exception to include reliance personnel other than law enforcement officers?

Accepted Answer

Herring v. U.S. expanded the good-faith exception to include reliance personnel other than law enforcement officers.

Question 13

SCOTUS applied the exclusionary rule to the states through what amendment to the Constitution?

Accepted Answer

The exclusionary rule, which prohibits the use of evidence obtained in violation of the Fourth Amendment, was applied to the states through the Fourteenth Amendment. This application was based on the principle that evidence obtained in such a manner violates the Due Process Clause of the Fourteenth Amendment.

Question 14

What rule is a protective procedure against violations of constitutional rights?

Accepted Answer

A prophylactic rule is designed to prevent constitutional rights violations before they occur, acting as a safeguard or preventive measure.

Question 15

What exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough?

Accepted Answer

The attenuation exception allows for evidence obtained through illegal police actions to be admissible in court if the connection between the illegal action and the evidence has weakened sufficiently. This principle suggests that the "taint" from the initial illegality can dissipate over time or through intervening circumstances.

Question 16

What exception to the exclusionary rule says that, even if officers break the law, unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court?

Accepted Answer

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Question 17

Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally.

Accepted Answer

The reliability of evidence refers to its accuracy and trustworthiness in proving a fact, which is independent of the method used to obtain it. Whether evidence is obtained legally or through illegal searches and seizures does not inherently affect its reliability or factual accuracy.

Question 18

Which justification for the exclusionary rule prevents officers from breaking the law?

Accepted Answer

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Question 19

Searches and seizures make up the great bulk of suppression cases.

Accepted Answer

Searches and seizures are a primary focus in suppression cases because they often involve potential violations of the Fourth Amendment, which protects against unreasonable searches and seizures. This leads to many legal challenges and motions to suppress evidence obtained through such actions.

Question 20

In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly)believing there's an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court?

Accepted Answer

Herring v. U.S. established that evidence obtained during a search incident to an arrest, based on a mistaken belief that there was an outstanding arrest warrant, is admissible in court if the mistake was reasonable.

Quiz 10: Remedies for Constitutional Violations I the Exclusionary Rule