1. What is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants
committed the crimes they are charged with?
a. Bad evidence
b. Good evidence
c. Bad methods
d. Exclusionary evidence
2. The best known and most controversial consequence of illegal government action:
a. are civil law suits for damages against police departments.
b. is the criminal prosecution of police officers.
c. is the exclusionary rule.
d. is the suspension or dismissal of police officers.
3. The Fourth Amendment:
a. has a specific provision that requires the exclusion of evidence gathered in violation of the Amendment.
b. spells out all of the remedies available to defendants when evidence is illegally gathered.
c. requires courts to exclude illegally gathered evidence.
d. does not mention any remedies available when evidence has been gathered in violation of the Amendment.
4. The U.S. Supreme Court has relied on three justifications for throwing out good evidence. Which of the following
is NOT one of these three justifications?
a. Deterrence
b. Good faith
c. Judicial integrity
d. Constitutional right
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
5. Which of the following is NOT a potential negative consequence of the exclusionary rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
6. Since the 1980s, the Supreme Court has applied the exclusionary rule mainly to promote the interest in:
a. individual rights.
b. deterring illegal government conduct.
c. judicial integrity.
d. promoting equal justice for all citizens.
7. In using deterrence as the justification for excluding valid evidence, the Court weighs the:
a. evidence of guilt against nature of the constitutional violation.
b. social costs against the deterrent effect.
c. honesty of the courts
d. fact that there is not right without a remedy
8. The exclusionary rule does not apply to:
a. thegovernment’scaseinchief.
b. any part of the trial on guilt or innocence.
c. cross-examination of the defendant.
d. capital punishment trials.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
9. Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between
the illegal police actions and the evidence weakens sufficiently?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
10. Whichdoctrineholdsthatillegallyseizedevidencecanbeintroducedatrialiftheofficials’lawbreakingbehavior
did not cause the seizure of the evidence?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
11. Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the
evidence anyway?
a. The attenuation exception
b. The independent source exception
c. The inevitable discovery exception
d. The fruit of the poisonous tree exception
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
12. The fruit-of-the-poisonous-tree doctrine refers to:
a. the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity
b. the expansion of the exclusionary rule to include contraband
c. applying the exclusionary rule to constitutional violations committed by judicial personnel
d. applying the exclusionary rule to constitutional violations committed by state law enforcement officials
13. The U.S. Supreme Court has ruled that the exclusionary rule does not apply:
a. whenthereisoverwhelmingevidenceofadefendant’sguilt
b. in murder and aggravated sexual assault cases
c. if the defendant waives his or her Fourth Amendment rights
d. to collateral proceedings
14. The U.S. Supreme Court gave birth to the exclusionary rule in what landmark 1914 decision?
a. Weeks v. U.S.
b. Wolf v. Colorado
c. Mapp v. Ohio
d. Silverthorne Lumber Co. v. U.S.
15. Empirical research on the exclusionary rule suggests that:
a. the rule has no deterrent effect.
b. the social cost of the rule may be overstated and the deterrent effect of the rule may be understated.
c. the social cost of the rule is as high as the Supreme Court claims.
d. the deterrent effect of the rule is overstated.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
16. The deterrence rationale for the exclusionary rule is:
a. concerned with deterring judges who issue bad warrants.
b. no longer the primary justification for the rule.
c. based on the belief that excluding good evidence because it was illegally obtained sends a message to law
enforcement.
d. based on the idea that courts need to be discouraged from using illegally seized evidence.
17. Thefirstcasetoholdthatunreasonablesearchesandseizuresbystatepoliceviolatedefendant’sdueprocess
rights (Fourteenth Amendment) but did not say how the states had to enforce it was:
a. Silverthorne Lumber Co. v. U.S.
b. Mapp v. Ohio
c. Weeks v. U.S.
d. Wolf v. Colorado
18. The 1961 case that reversed Wolf v Colorado and made the states follow the exclusionary rule was:
a. Terry v Ohio
b. Mapp v Ohio
c. Mapp v Weeks
d. Miranda v. Arizona
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
19. The Supreme Court’s decision in Weeks v. U.S. in 1914 is significant because it:
a. began the Fourth Amendment’s annexation of the exclusionary rule.
b. held that the exclusionary rule applies to state court criminal proceedings.
c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and
thereby brought the United States into conformance with the practice in most European countries.
d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the
Fourth Amendment.
20. The________________justificationstemsfromanancientlegalsaying,“There’snorightwithoutaremedy.”
a. poisonous tree
b. deterrence
c. constitutional right
d. prophylactic rule
21. Which of the following is NOT one of the three established justifications for the exclusionary rule?
a. Deterrence justification
b. Constitutional justification
c. Judicial integrity justification
d. State’s right justification
22. The exclusionary rule is a vehicle to protect the _________ Amendment.
a. First
b. Fourth
c. Eighth
d. Fourteenth
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
23. According to the Supreme Court opinion in Mapp v. Ohio (1961), involving a police search for a bombing
suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the
states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
24. According to the dissent in Mapp v. Ohio (1961):
a. the exclusionary rule is an integral part of the Fourth Amendment.
b. because the Fourth Amendment applies to the states so also must the exclusionary rule.
c. the federal exclusionary remedy should not be imposed on the states.
d. the exclusionary rule is totally ineffective in controlling police behavior.
25. U.S. v. Moscatiello (1985) involved police use of plain view at a physical location where they had no right to be
(a warehouse). Although they observed contraband in the form of marijuana, they maintained surveillance and
secured a warrant without using the drug observations as a part of their probable cause. This decision created
what exception to the exclusionary rule?
a. Independent source exception
b. Inevitable discovery exception
c. Good faith exception
d. Public safety exception
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
26. According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active
arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
b. the good faith of officers is irrelevant to the determination whether or not to exclude evidence.
c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good
faith and the error in record keeping was negligent but not reckless
27. The dissent in Herring v. U.S. (2009) argued that the exclusionary rule should apply to a search conducted
pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:
a. there was reason to believe that the arresting officer who conducted the search should have investigated
whether the warrant was recalled
b. the officer did not honestly believe he was acting in good faith
c. negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the
exclusionary rule
d. probable cause was required to conduct the search
28. Which of the following is TRUE regarding the knock-and-announce exception?
a. This exception permits the admission of evidence seized during searches of homes, even when officers
violate the knock-and-announce rule.
b. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule can
be excluded from trial, but only at the discretion of the prosecutor.
c. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is
automatically excluded from trial.
d. Evidence seized during searches of homes wherein the officers violated the knock-and-announce rule is
excluded from trial if a judge determines knock-and-announce was violated through a special suppression
hearing.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
29. Which of the following is NOT a direct exception to the exclusionary rule?
a. Knock-and-announce
b. Cross-examination
c. Non-trial proceedings
d. The case-in-chief part of the trial
30. U.S. v Leon (1984) created the:
a. good faith exception.
b. knock-and-announce rule.
c. exclusionary rule.
d. distinction between good evidence and bad evidence.
31. According to your text, what percent of all criminal cases will be dismissed because the police seized evidence
illegally?
a. Less than one-tenth of 1 percent
b. 1%
c. 5%
d. 10%
32. The text refers to ______________ as police actions and procedures that violate any of the five constitutional
rights.
a. bad evidence
b. bad methods
c. good methods
d. good evidence
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
33. A protective procedure against violations of constitutional rights is referred to as a(c) _____________ rule.
a. irreversible
b. prophylactic
c. pro se
d. non-violate
34. According to the Supreme Court, the good faith exception to the exclusionary rule:
a. the inquiry is whether a reasonably well trained officer would have known a search was illegal under all the
circumstances.
b. the important issue to decide is if the officer honestly believed his or her actions were constitutional.
c. violates the fundamental protections of the Fourth Amendment.
d. applies only to situations that arise because of faulty electronic databases.
35. The ____________ exception says that illegally obtained evidence can come into court if the poisonous
connection between illegal police actions and the evidence they got illegally from their actions weakens enough.
a. deterrence
b. constitutional
c. ethical
d. attenuation
36. The ethical exception says that illegally obtained evidence can come into court if the poisonous connection
between illegal police actions and the evidence they got illegally from their actions weakens enough.
a. True
b. False
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
37. The deterrence justification bans not only evidence illegally obtained directly but also evidence derived from the
illegally obtained evidence.
a. True
b. False
38. Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding
valid evidence.
a. True
b. False
39. The Supreme Court has specifically rejected the rationale that the exclusionary rule is a constitutional right.
a. True
b. False
40. In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in
violations of the exclusionary rule even if officers have a valid warrant to search a home.
a. True
b. False
41. Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.
a. True
b. False
42. Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a minuscule
number of cases.
a. True
b. False
43. With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.
a. True
b. False
44. According to the Supreme Court in Mapp v. Ohio,leavingtheFourthAmendment’sprotectionfromillegal
searches and seizures to solutions other than the exclusionary rule had been effective.
a. True
b. False
45. The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants’
testimony.
a. True
b. False
46. The Supreme Court has held that the key inquiry for the good faith exception to the exclusionary rule is the
officer’shonest,subjectivebeliefinthelegalityofhisorheractions.
a. True
b. False
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
47. Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove)
defendants committed the crimes they are charged with.
a. True
b. False
48. The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement
conduct is called the deterrence justification.
a. True
b. False
49. U.S. v. Leon (1984) was a U.S. Supreme Court opinion that narrowed the good faith exception.
a. True
b. False
50. In Herring v. U.S. (2009) the court held that if an officer makes an arrest, reasonably (but wrongly) believing
there’sanoutstandingarrestwarrantagainstthesuspect,thearrestviolatestheFourthAmendmentbutevidence
obtained during a search incident to the unlawful arrest is admissible in court.
a. True
b. False
51. The rationale used to justify the exclusionary rule that is based on the notion that excluding evidence obtained in
violation of the constitution prevents illegal law enforcement is the ___________ rationale.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
52. ___________ ____________ is another term used to describe probative evidence, or evidence that proves (or
helps to prove) defendants committed the crimes they are charged with.
53. Evidence derived from illegally obtained evidence is called ___________ of the ____________ _________.
54. The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and
honestly relied on a search warrant valid on its face but defective in fact is the ____________ _________
____________ exception.
55. Weeks v. U.S. gave birth to the ____________ _____________ in 1914.
56. The ________ ________ exception to the exclusionary rule is based on an objective test of whether a well-
trained officer would have known his or her actions were illegal under the circumstances.
57. The idea that evidence that has been illegally obtained, but would have eventually found through constitutional
means should thus not be excluded by virtue of the exclusionary rule is __________ _____________ exception.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
58. The idea that evidence illegally obtained by police can still be admitted at trial if the link between the police
illegalityandtheevidence’sdiscoveryisweakenoughiscalledthe_________________exception.
59. The______________________________justificationstemsfromanancientlegalsaying,“There’snoright
withoutaremedy.”
60. The three justifications for the exclusionary rule are the constitutional justification, the deterrence
justification, and the ___________ _________ justification.
61. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does
the U.S. Supreme Court use today?
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
62. Explain five exceptions to the exclusionary rule.
63. Detail five possible negative effects of the exclusionary rule.
64. Discuss two U.S. Supreme Court opinions that expend the good-faith exception.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT
65. Discuss three of the findings with regard to social costs and deterrence of the exclusionary rule.
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REMEDIES FOR CONSTITUTIONAL VIOLATIONS I: THE EXCLUSIONARY RULE AND ENTRAPMENT