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AJ004 Chapter 4
Terms in this set (45)
The federal exclusionary rule may be triggered by violation of which of the following?
The Fourth Amendment
The federal Fourth Amendment exclusionary rule is viewed by a majority of the U.S. Supreme Court as a:
Judicially created rule
The first exclusionary rule case involving searches and seizures was:
Mapp Vs. Ohio
The U.S. Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of:
Weeks Vs. Ohio
The prosecution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:
The silver Platter doctrine:
has been overruled by the Supreme Court
In order for a person to invoke the exclusionary rule, they must have:
Which of the following is an exception to the "fruits of the poisonous tree" doctrine?
Which of the following is not currently an exception to the exclusionary rule?
The exclusionary rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is not admissible in:
a criminal proceeding as evidence of guilt.
The purpose of the exclusionary rule is to:
deter police misconduct
The exclusionary rule means that evidence illegally seized by state or federal officers cannot be used in:
any state or federal prosecution
In Mapp Vs. Ohio (1961), the Supreme Court:
made the exclusionary rule applicable against the states
The primary procedural mechanism for invoking the exclusionary rule is a motion to:
Which of the following is NOT an exception to the exclusionary rule?
Historically, the exclusionary rule,
originated in the United States.
The rule that even evidence that is obtained as an INDIRECT result of police misconduct is inadmissible is called:
the "fruit of the poisonous tree" doctrine
Which of the following is not an example of a case in which the "good faith" exception would apply?
evidence would have been discovered anyway
If the police made an honest and reasonable error or mistake which violates the Fourth Amendment, the evidence may still be admissible under application of the _____ exception.
Which exception applies when the prosecution can show that the police would later have found the evidence in question anyway using lawful means?
Which of the following is an argument in favor of the exclusionary rule?
It deters police misconduct.
Which of the following is an argument against the exclusionary rule?
It makes society pay for an officer's mistakes.
The basic idea behind the good faith exception is that the exclusionary rule should only apply if there was:
deterrable misconduct by the police.
Which of the following is one of the four general exceptions to the exclusionary rule:
Assume that the police search Mr. X's home without a warrant and is in violation of the Fourth Amendment. At his home they find a key, which they recognize as being for a locker at the local bus station. They go to the bus station, find the locker, and open it, discovering a substantial amount of cocaine inside. Which of the following rules states that this evidence is not admissible?
Fruit of the poisonous tree
True or False: The exclusionary rule protects the constitutional right to privacy.
True or False: The harmless error doctrine applies to Fourth Amendment violations.
True or False: There are arguments for and against the exclusionary rule.
True or False: The Fourth Amendment exclusionary rule does not apply in federal courts.
True or False: The Fourth Amendment exclusionary rule does not apply to the activities of private citizens acting totally on their own.
True or False: The purpose of the exclusionary rule is to deter misconduct by court personnel.
True or False: The exclusionary rule results in freeing guilty persons in only a relatively small proportion of cases.
True or False: Police officers are more professional as a result of the exclusionary rule.
True or False: The exclusionary rule applies to grand jury investigations and post-conviction sentencing.
True or False: The inevitable discovery, silver platter, and "fruit of the poisonous tree" doctrines are all currently exceptions to the exclusionary rule.
True or False: Mapp Vs. Ohio and Miranda Vs. Arizona were important in the additional powers of discretion they gave to law enforcement officers.
True or False: U.S. Supreme Court decisions strongly suggest that the exclusionary rule applies only to Fourth Amendment search and seizure cases.
True or False: The first case in which the U.S. Supreme Court utilized the exclusionary rule was Miranda Vs. Arizona
True or False: The silver platter doctrine is still in operation in state courts.
True or False: Former Chief Justice Warren Burger was a strong supporter of the exclusionary rule.
True or False: The exclusionary rule may only be invoked by the defendant in the initial stages of criminal justice proceedings.
True or False: There are no limitations on what prisoners can do in habeas cases.
True or False: Standing is a legal concept that assists juries in determining guilt.
True or False: The four categories of exceptions to the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source.
True or False: The exclusionary rule does not require suppression of evidence seized in violation of the Fourth Amendment where the erroneous information resulted from clerical errors of court employees.
THIS SET IS OFTEN IN FOLDERS WITH...
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AJ 004 Ch 5
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