Deck 2: The Exclusionary Rule and Other Remedies

Question 1

Which of the following are types of remedies?

A) Legal and intralegal
B) Extralegal and illegal
C) Legal and extralegal
D) Illegal and interlegal

Answer 1

Legal and extralegal

Question 2

Which is NOT an example of an available legal remedy?

A) Law(s)
B) Court decision(s)
C) Police agency policy or procedure(s)
D) Seeking physical revenge

Answer 2

Seeking physical revenge

Question 3

The most significant remedy in criminal procedure is:

A) Civil liability.
B) Mediation.
C) The criminal law.
D) The exclusionary rule.

Answer 3

The exclusionary rule.

Question 4

A ________ provides a legally accepted method of rectifying police wrongdoing.

A) Gun
B) Supreme Court decision
C) Judge
D) Remedy

Question 5

The most common Constitutional Amendment in criminal procure is the ________ Amendment.

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

Question 6

The exclusionary rule was made applicable to the states in:

A) Boyd v. United States.
B) Weeks v. United States.
C) Elkins v. United States.
D) Mapp v. Ohio.

Question 7

The exclusionary rule was applied to the states by the case of:

A) Wolf v. Colorado.
B) Leon v. United States.
C) Mapp v. Ohio.
D) All of the above

Question 8

The exclusionary rule is:

A) Judicially created.
B) A rule of exclusion.
C) Not found in the U.S. Constitution.
D) All of the above

Question 9

The exclusionary rule does NOT apply in:

A) Grand jury investigations.
B) Habeas corpus proceedings.
C) Parole revocation hearings.
D) The exclusionary rule does not apply in A, B, or C.

Question 10

The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was:

A) Boyd v. U.S.
B) Adams v. New York.
C) Weeks v. U.S.
D) Silverthorne Lumber Co. v. U.S.

Question 11

The ________ exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible.

A) Impeachment
B) Purged taint
C) Independent source
D) Good faith

Question 12

Which rule is a recognized exception to the exclusionary rule?

A) Inevitable discovery
B) Impeachment exception
C) Independent source
D) Purged taint

Question 13

Which Supreme Court decision denounced the ?silver platter doctrine??

A) Boyd v. United States
B) Weeks v. United States
C) Elkins v. United States
D) Mapp v. Ohio

Question 14

The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used:

A) In serious felony cases.
B) To show that a witness' testimony may be false.
C) To show the defendant possessed illegal contraband.
D) In cases involving illegal narcotics.

Question 15

The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the ________ rule.

A) Fruit of the poisonous tree
B) The silver platter
C) The bad faith
D) Purged taint

Question 16

In which case did the Supreme Court create the fruit of the poisonous tree doctrine?

A) Mapp v. Ohio
B) Silverthorne Lumber Co. v. United States
C) Wong Sun v. United States
D) Segura v. United States

Question 17

The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in:

A) Nix v. Williams.
B) Silverthorne Lumber Co. v. United States.
C) Wong Sun v. United States.
D) Segura v. United States.

Question 18

Which of the following statutes is used to sue criminal justice officials?

A) 18 U.S.C. Section 242
B) 18 U.S.C. Section 2235
C) 42 U.S.C. Section 1983
D) 42 U.S.C. Section 1243

Question 19

Lawsuits where people seek monetary compensation are called ________ suits.

A) Injunctive relief
B) Demand
C) Damage
D) Retribution

Question 20

The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are:

A) Color of law and physical injury.
B) Color of law and a constitutional violation.
C) Government actor and a constitutional violation.
D) Government actor and physical injury.

Question 21

Police officers act under color of law when they:

A) Identify themselves as officers.
B) Fail to file official documents.
C) Ask people their names.
D) None of the above

Question 22

The U.S. Supreme Court has stated that someone acts under ________ when he or she acts in an official capacity.

A) Legal authority
B) Judicial order
C) Color of law
D) None of the above

Question 23

Cities and counties can be held liable under 42 U.S.C. Section 1983 if they:

A) Adopt policies that lead to constitutional rights violations.
B) Implement policies that lead to constitutional rights violations.
C) Inadequately train their officers.
D) All of the above

Question 24

The Supreme Court case that paved the way for liability of cities and counties was:

A) Monell v. Department of Social Services.
B) Rochin v. California.
C) Monroe v. Pape.
D) Bivens v. Six Unknown Named Agents.

Question 25

Qualified immunity affords protection to defendant criminal justice officials for:

A) Negligence.
B) Reckless behavior.
C) Reasonably mistaken beliefs.
D) None of the above

Question 26

________ refers to police departments investigating complaints against their officers by themselves.

A) Civilian review
B) Internal review
C) Mediation
D) Civilian monitor

Question 27

If a person merely believes his or her constitutional rights have been violated, the person can file a lawsuit.

Question 28

The United States Constitution contains no provisions for enforcing the protections described in the Bill of Rights.

Question 29

A remedy provides a method of rectifying wrongdoing.

Question 30

The exclusionary rule is mentioned in the U.S. Constitution.

Question 31

The exclusionary rule initially only applied to law enforcement officials working for the federal government.

Question 32

In Mapp v. Ohio, the United States Supreme Court ruled that the exclusionary rule applied to the states in cases involving Fourth Amendment violations.

Question 33

The exclusionary rule applies in deportation proceedings.

Question 34

The exclusionary rule applies in Internal Revenue Service proceedings.

Question 35

The exclusionary rule applies to grand jury proceedings.

Question 36

The good faith exception only covers honest police mistakes made during a search or seizure.

Question 37

In Silverthorne Lumber Co. v. United States, the Supreme Court created the "fruit of the poisonous tree"
doctrine.

Question 38

The independent source exception is a recognized exception to the exclusionary rule.

Question 39

?Injunctive relief? generally means the plaintiff in a civil lawsuit wants the court to bring the injurious or offensive action to a halt.

Question 40

Municipalities and counties cannot be held liable for failing to train their officers.

Question 41

Qualified immunity from civil lawsuits is granted to law enforcement officers for violations of constitutional rules that are clearly established if the violation was objectively reasonable.

Question 42

Qualified immunity is a judicially created defense that is NOT explicitly provided for in the text of 42 U.S.C. Section 1983.

Question 43

In a qualified immunity defense the accused must demonstrate that he or she acted in a subjectively and objectively reasonable fashion.

Question 44

Internal review is a type of nonjudicial remedy.

Question 45

The number of instances involving of citizens in the complaint review process is decreasing.

Question 46

The exclusionary rule sometimes applies in civil law proceedings.

Question 47

The ________ rule is the judicially created doctrine that prohibits the use of illegally obtained evidence in criminal trials.

Question 48

Evidence obtained through a defective search warrant is sometimes still admissible under the ________ faith exception.

Question 49

Illegally obtained evidence can still be used for ________ of a witness in a criminal trial.

Question 50

Additional evidence that is obtained as a result of an initial illegal search is known as ________ of the poisonous tree and also excluded from use at trial.

Question 51

The exceptions to the fruits of the poisonous tree doctrine include independent source, ________ or purged taint, and inevitable discovery.

Question 52

Evidence that would have been discovered despite an illegal search through other investigative means is admissible under the rule known as ________ discovery.

Question 53

It is a federal crime under 18 U.S.C. 242 for a police officer to ________ a person of an important constitutional right with the specific intent to do so.

Question 54

A lawsuit for ________ relief means that the suing party is asking the court to bring the offensive or injurious behavior to a halt.

Question 55

42 U.S.C. Section 1983 provides a remedy in ________ court for the "deprivation of any rights . . . secured by the Constitution and laws"
of the United States.

Question 56

Government officials performing discretionary functions, have ________ immunity from civil lawsuits for official conduct does not violate clearly established rights, which a reasonable person would have known.

Question 57

The process of police department reviewing by themselves alleged constitutional violations is known as ________ reviews.

Question 58

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.

-Purged Taint

A) Evidence that would have been discovered anyway will be admissible regardless of a wrongful search or seizure.
B) If the taint of an unconstitutional search/seizure is sufficiently purged, the evidence will be admissible.
C) Evidence brought forward by a source independent of an unconstitutional search or seizure will be admissible.

Question 59

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.

-Independent Source

A) Evidence that would have been discovered anyway will be admissible regardless of a wrongful search or seizure.
B) If the taint of an unconstitutional search/seizure is sufficiently purged, the evidence will be admissible.
C) Evidence brought forward by a source independent of an unconstitutional search or seizure will be admissible.

Question 60

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.

-Inevitable Discovery

A) Evidence that would have been discovered anyway will be admissible regardless of a wrongful search or seizure.
B) If the taint of an unconstitutional search/seizure is sufficiently purged, the evidence will be admissible.
C) Evidence brought forward by a source independent of an unconstitutional search or seizure will be admissible.

Question 61

Match the remedy with the proper definition or description.

-Civilian input

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 62

Match the remedy with the proper definition or description.

-Level:

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 63

Match the remedy with the proper definition or description.

-Mediation

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 64

Match the remedy with the proper definition or description.

-Ombudsman

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 65

Match the remedy with the proper definition or description.

-Internal review

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 66

Match the remedy with the proper definition or description.

-Civilian review

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 67

Match the remedy with the proper definition or description.

-18 U.S.C. Section 242

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 68

Match the remedy with the proper definition or description.

-Damage suit

A) Neutral third party who conducts mediation.
B) A civilian panel investigates, adjudicates, and recommends punishment to the police chief.
C) Civilian panel investigates complaints then department adjudicates and disciplines.
D) Police investigate their own complaints against officers.
E) Federal statute used to hold police officers criminally liable for violating citizens' rights.
F) Civilians review an investigation made by a department against an officer.
G) One or more parties seek monetary compensation.
H) Dispute resolution in which a neutral third party renders disciplinary decisions.

Question 69

What is the exclusionary rule and the arguments for and against it?

Question 70

Identify and define the fruit of the poisonous tree doctrine and the exceptions to it.

Question 71

Should the good faith exception to search and seizure violations be eliminated? Does it matter that the good faith exception allows for constitutional violations to go unpunished?

Question 72

Is civil liability a meaningful deterrent against police misconduct? Why or why not?