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49 Cards in this Set

  • Front
  • Back

1. Before Weeks v. United States, which of the following was not a consequence for police when they unconstitutionally seized evidence?

*d. Evidence excluded at trial

2. In Weeks v. United States the U.S. Supreme Court held that _____.

*a. evidence seized in an unlawful search was to be excluded in federal courts

3. In Mapp v. Ohio the U.S. Supreme Court held that _____.

*b. evidence seized in an unlawful search was to be excluded in state courts

4. Any evidence that is discovered as a result of other any other evidence is known as _____.

*a. derivative evidence

5. The _____ doctrine holds that any evidence discovered as a result of unlawfully seized evidence must be excluded from evidence at trial.

*c. fruit of the poisonous tree

6. In Wolf v. Colorado, the U.S. Supreme Court _____.

*a. incorporated the Fourth Amendment to the states

7. The U.S. Supreme Court established the aptly-named "shocks the conscience" standard in which case?

*c. Rochin v. California

8. The practice of federal agents using evidence in court that was unreasonably obtained by state police was known as the _____.

*d. silver platter doctrine

9. The silver platter doctrine was ruled unconstitutional in which case?

*b. Elkins v. United States

10. Which case extended the exclusionary rules to the states?

*a. Mapp v. Ohio

11. According to the text, the exclusionary rule has led police departments to better train their officers and stress the importance of _____.

professionalism

12. Illegally obtained evidence will be suppressed based on a timely filed motion to suppress, but if such evidence is nevertheless admitted the guilty verdict may be reversed unless the appellate court finds that the judge's admission of the evidence was:

*a. Harmless error

13. In order to invoke the exclusionary rule and challenge the admissibility of evidence, a defendant must have _____.

*d. standing

According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?

*c. An overnight guest at the home of a friend

15. Unlawfully seized evidence can be used in all but which of the following?

*d. Such evidence can be used in all of the above

16. If there has been a significant period of time between the constitutional violation and the subsequent seizure of evidence, the connection is said to be _____.

*a. attenuated

17. Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting "_____."

in good faith

18. In order to determine whether or not the good faith exception should apply in a given situation, the U.S. Supreme Court has stated that courts should pose the question "_____."

*c. whether a reasonably well trained officer would have known that the search was illegal

19. Otherwise illegally obtained evidence can be excused by the good faith exception if:

a. Police reasonably, but incorrectly, believed the search warrant was based on probable causeb. Police reasonably, but incorrectly, relied on a statute that later was declared unconstitutionalc. Police reasonably, but incorrectly, believed that an individual possessed the authority to consent to an entry of his or her home*d. All of the above

20. Which is the leading case in regards to the independent source exception to the exclusionary rule?

*a. Murray v. State

21. Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?

*d. United States v. Leon

22. Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the _____ rule.

*c. inevitable discovery

23. Evidence obtained unlawfully may be used at trial to impeach the credibility of _____.

The defendant

24. Research conducted by Thomas Davies indicates that _____ of all felony arrests are either not prosecuted or result in non-convictions at trial due to loss of evidence from the exclusionary rule.

*a. less than 3%

25. A majority of states follow which test for entrapment?

*a. The subjective test

26. The federal courts follow which test for entrapment?

*a. The subjective test

27. Which test for entrapment focuses on the predisposition of the defendant?

*a. The subjective test

28. Which test for entrapment focuses on the actions of the police?

*b. The objective test

29. In entrapment cases defendants can base their defense on:

a. Subjective testb. Objective testc. Due process test*d. All of the above

30. When invoking the entrapment defense, a defendant can:

a. Admit commission of the crimeb. Deny commission of the crime*c. A or B

31. When it was originally created, the exclusionary rule only applied to state police and state courts.

False

32. Any evidence seized as a result of unconstitutionally seized evidence is inadmissible at trial.

True

33. When the U.S. Supreme Court incorporated the Fourth Amendment to the states in Wolf v. Colorado, the exclusionary rule was incorporated as well.

False

34. Before the creation of the exclusionary rule, the various civil, criminal, and administrative penalties for violation of the Fourth Amendment did very little to deter police.

True

35. One argument in favor of the exclusionary rule is that it directly impacts police as they are the first to feel the impact of excluded evidence.

False

36. Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.

True

37. As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.

*a. True

38. Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.

True

39. The U.S. Supreme Court has ruled that police may assume legislation to be constitutional unless there is probable cause to believe it is unconstitutional.

False

40. Evidence unlawfully obtained from a defendant can be used to impeach testimony given by a defense witness.

False

41. Most states follow the objective test for entrapment.

False

42. In federal court, when entrapment is argued, the emphasis is placed in the actions of the government.

False

44. Evidence that is obtained as a derivation of other evidence that was obtained unconstitutionally is known as _____.

a. fruit of the poisonous tree

45. Evidence obtained by police forcing a suspect to vomit up swallowed evidence was ruled inadmissible at trial as the actions taken by police were said to have "_____ and violated the Due Process Clause of the Fourth Amendment."

a. shocked the conscience

46. The United States Supreme Court held that the exclusionary rule does not come from the United States Constitution but rather it is a _______.

a. judicially created remedy

47. When police seize evidence without a warrant, the burden of proof in regards to the admissibility of that evidence falls on the _____.

Prosecution

48. What is the standard of proof required for the prosecution to show inevitable discover?

a. preponderance of the evidence

49. "Conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer" is the definition of what?

Entrapment

50. A defendant who argues entrapment acknowledges his or her actions yet attempts to excuse them; such a defense is known as a(n) _____ defense.

Affirmative