Question 1

What are the provisions of the Omnibus Crime Control Act relating to the admissibility of confessions? Did this statute have the effect of overturning the Miranda warnings and allow evidence to be admitted?

Accepted Answer

The answer of What are the provisions of the Omnibus...

Question 2

In a federal prosecution, when there is an unreasonable delay in bringing an arrested person in front of a judicial official, and the arrestee makes a confession, must the confession be considered inadmissible?

Accepted Answer

The answer of In a federal prosecution, when there is...

Question 3

What is the provision of the Constitution that relates to self-incrimination? Are nontestimonial communications protected by this constitutional provision? Discuss.

Accepted Answer

The answer of What is the provision of the Constitution...

Question 4

There are two provisions of the Constitution that include the phrase "due process of law." What are they? Give an example of a situation in which the due process clause of the Fourteenth Amendment was violated.

Accepted Answer

The answer of There are two provisions of the Constitution...

Question 5

What provisions of the Bill of Rights protect a person's right to counsel in criminal cases? At what point in the judicial process does the right to counsel attach? If a confession is obtained after counsel is requested by the accused, is it admissible evidence?

Accepted Answer

The answer of What provisions of the Bill of Rights...

Question 6

State the rule relating to the right to have counsel present at an in-person lineup or other confrontation for identification.

Accepted Answer

The answer of State the rule relating to the right...

Question 7

In the case of United States v. Leon, a judge, after evaluating all of the evidence, issued a facially valid search warrant. Police officers, acting in good faith, executed the warrant and found large quantities of drugs. The warrant was later determined to be invalid due to insufficient probable cause. What was the opinion of the Supreme Court concerning the admissibility of the evidence obtained by the officers? What was the rationale of the Court in reaching its conclusion? What was the rule established in that case?

Accepted Answer

The answer of In the case of United States v....

Question 8

The defendant in the case of Georgia v. Randolph contended that both he and his wife had to agree to a consent search of their marital home, or a search would be unreasonable. In the case, the married couple had a dispute involving their marriage and minor child that got the police involved. When the police wanted to search the home for drugs, the wife consented but the husband refused. Under the circumstances, can there be a lawful consent to search when the two occupiers of the property disagree on allowing police to enter? The police obtained a warrant based on what was found when the wife invited the police to enter. Does the exclusionary rule mean that the drug evidence seized after the warrant was obtained is subject to suppression? Why or why not?

Accepted Answer

The answer of The defendant in the case of Georgia...

Question 9

In the case of Horton v. California, a police officer prepared an affidavit for a search warrant, which referred to the proceeds of a robbery and weapons. The warrant issued by the magistrate authorized only a search for the proceeds. While executing the search warrant the officer seized weapons in plain view. Was the seizure of the weapons justified under the warrant? What was the Supreme Court's decision concerning the requirement that the discovery of evidence in plain view be "inadvertent"? What are the two conditions that must be satisfied in order for a plain view seizure to be valid?

Accepted Answer

The answer of In the case of Horton v. California,...

Question 10

The rationale for excluding evidence obtained in violation of the Constitution is that:

Accepted Answer

The exclusionary rule exists to deter law enforcement officials from violating constitutional rights, as allowing illegally obtained evidence to be used in court would incentivize such behavior. This reasoning was established in the landmark case of Weeks v. United States (1914) and has been upheld in later Supreme Court decisions.

Question 11

Additional support for excluding evidence seized in violation of the Constitution is that:

Accepted Answer

All of the given responses provide valid reasons for excluding illegally seized evidence in criminal trials. In a democracy, all government jurisdictions must follow the law, and every person has the right to fair treatment and due process. Excluding evidence seized in violation of the Constitution helps to deter the government from violating citizens' rights in the future, which helps to ensure the government observes the rule of the law.

Question 12

The rule of law that prohibits the use of evidence obtained by an illegal search:

Accepted Answer

The rule of law that prohibits the use of evidence obtained by an illegal search is known as the exclusionary rule.

Question 13

Supreme Court rulings that exclude evidence for violations of the Fourth Amendment protections against unreasonable searches and seizures:

Accepted Answer

Supreme Court rulings have established that evidence obtained in violation of the Fourth Amendment's knock-and-announce requirement does not automatically require suppression. This means that even if law enforcement fails to follow this requirement, the evidence they collect may still be used in court. This is an exception to the more general rule that evidence obtained through unreasonable searches and seizures should be suppressed.

Question 14

When evidence has been illegally obtained in violation of the Fourth Amendment, the exclusionary rule may be applied to keep the evidence from admission in court:

Accepted Answer

The exclusionary rule prohibits the admission of illegally obtained evidence in court and extends to any evidence that is discovered as a result of illegally obtained evidence, known as "fruit of the poisonous tree." This means that any evidence that is suggested or discovered through the illegally seized evidence is also inadmissible.

Question 15

The Fourth Amendment to the United States Constitution:

Accepted Answer

The Fourth Amendment includes the provision that no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 16

When a search is made incident to an arrest:

Accepted Answer

The search incident to an arrest is limited to the area that is within the immediate dominion and control of the arrestee. This means that the search can only be made in the area where the arrestee can reach or grab any weapon or evidence. Any evidence found outside the immediate control area would be inadmissible.

Question 17

When an officer saw a woman driving down the street under circumstances that appeared to be a bit unusual given the time of day and the location of her travel, but there was no visible criminal activity, the officer may:

Accepted Answer

The officer cannot stop the vehicle without probable cause or reasonable suspicion of criminal activity. Without such evidence, the officer has no legal basis to stop the vehicle and any search conducted thereafter would be unauthorized and a violation of the Fourth Amendment.

Question 18

A suspect may waive his or her Fourth Amendment rights and consent to a search. If a search is made under this authority:

Accepted Answer

The prosecution must show that the consent was freely and voluntarily given and the person who gave the consent had the capacity to consent. This is known as the "voluntariness" requirement and is necessary for the search to be considered valid. The other options are incorrect: A is incorrect because a person can revoke the waiver at any time. B is incorrect because separate waivers are necessary for each separate area or room being searched. D is incorrect because a person can place limitations on the scope of the search.

Question 19

An exception to the rule that a search can be made only with a warrant is what is commonly known as the moving vehicle/probable cause doctrine. Under this exception:

Accepted Answer

The moving vehicle/probable cause doctrine allows for a warrantless search of a vehicle if there is probable cause to believe that the vehicle contains evidence of a crime and the vehicle is in motion or there is a risk that it may be moved before a warrant can be obtained. This has been extended to cover temporarily parked vehicles as well, including motor homes. However, the search is still subject to Fourth Amendment requirements such as not extending to closed containers unless there is additional probable cause to believe they contain evidence of a crime.

Question 20

Police arrested a driver who had lawfully just parked his car. The arrest was for driving with a suspended driver's license. Following the arrest and after the arrestee was handcuffed and placed in a police cruiser, the police searched the interior of the car and discovered drugs in a glovebox. The police:

Accepted Answer

The police conducted an illegal search of the glovebox because the arrest for driving with a suspended license does not provide probable cause to search for evidence of drugs in the vehicle. The search was not incident to the arrest and did not fall under the inventory search exception.

Quiz 14: Evidence Unconstitutionally Obtained