Question 1

The Supreme Court in Arizona v. Evans, (1995) held that the exclusionary rule

Accepted Answer

In Arizona v. Evans, the Supreme Court held that the exclusionary rule does not require the suppression of evidence seized in violation of the Fourth Amendment if the search was based on clerical errors made by court employees.

Question 2

The Supreme Court has held that a court's decision regarding the possible attenuation of taint as to witness testimony should be based on:

Accepted Answer

The Supreme Court has held that when evaluating the attenuation of taint regarding witness testimony, multiple factors should be considered. These include the witness' willingness to testify, the role played by the illegality, the proximity between the illegal behavior and the testimony, and the police's motivation. This comprehensive approach ensures a fair assessment of whether the testimony has been sufficiently distanced from the illegal actions that initially discovered it.

Question 3

The U.S. Supreme Court has clearly indicated their reluctance to use the exclusionary rule in cases

Accepted Answer

The answer of The U.S. Supreme Court has clearly indicated...

Question 4

If a federal agent searches a private residence pursuant to a defective search warrant the agent may be liable in civil court for damages if

Accepted Answer

The key legal requirement for a search warrant is that it must describe with particularity the place to be searched and the items to be seized. If it fails to do so, the warrant is considered defective, potentially violating constitutional protections against unreasonable searches and seizures, thus making the agent liable for damages in civil court. Misspellings and technical errors, unless they contribute to a lack of particularity or another substantive legal issue, generally do not render a warrant defective to the point of incurring civil liability.

Question 5

What factors does the Supreme Court use to determine whether the exclusionary rule will be invoked?

Accepted Answer

The answer of What factors does the Supreme Court use...

Question 6

How do the courts handle the situations involving mistakes in warrants in determining whether to invoke the exclusionary rule?

Accepted Answer

The answer of How do the courts handle the situations...

Question 7

What does a court consider in deciding regarding the possible attenuation of taint as to witness testimony?

Accepted Answer

The answer of What does a court consider in deciding...

Question 8

Under what circumstances may a prosecutor use a statement taken from a defendant in violation of her Miranda rights in a court case?

Accepted Answer

The answer of Under what circumstances may a prosecutor use...

Quiz 5: Exclusionary Rule