True / False
1. The principal argument against the exclusionary rule is that society pays a high price to secure its benefits.
a.
True
b.
False
True
The Limits of the Exclusionary Rule
CEPC.GARD.16.10.1
2. The exclusionary rule applies only to felony cases.
a.
True
b.
False
3. The exclusionary rule applies to evidence obtained in a consent search.
a.
True
b.
False
False
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Consent Search
CEPC.GARD.16.10.3
4. Consent is always necessary for entry even if police are acting in an emergency situation.
a.
True
b.
False
False
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Consent Search
CEPC.GARD.16.10.1
5. The Fourth Amendment applies to searches conducted by private persons acting without any government
involvement.
a.
True
b.
False
False
Private Person
CEPC.GARD.16.10.1
6. The federal exclusionary rule applies only in criminal cases.
a.
True
b.
False
7. The Georgia v. Randolph decision draws a “fine line” for third party consent to search.
a.
True
b.
False
True
The Exclusionary Rule Does Not Apply to Evidence Obtained in a Consent Search
CEPC.GARD.16.10.2
8. If drugs are thrown away and the police have exhibited proper conduct in causing the abandonment, the drugs
can be used as evidence.
a.
True
b.
False
True
Evidence Obtained from Abandoned Property Will Not Be Suppressed
CEPC.GARD.16.10.3
9. The Fourth Amendment generally does not apply to property that is voluntarily abandoned.
a.
True
b.
False
True
Evidence Obtained from Abandoned Property Will Not Be Suppressed
CEPC.GARD.16.10.3
10. The police cannot rely on an abandonment argument if illegal police activity caused the abandonment.
a.
True
b.
False
True
Evidence Obtained from Abandoned Property Will Not Be Suppressed
CEPC.GARD.16.10.3
11. If an individual denies ownership of property to the police, the property may be considered to be abandoned.
a.
True
b.
False
True
CEPC.GARD.16.10.3
12. The Fourth Amendment exclusionary rule applies in probation and parole revocation proceedings.
a.
True
b.
False
False
CEPC.GARD.16.10.1
13. The expectation of privacy in a hotel room can terminate, as when the hotel check-out time passes without
extension.
a.
True
b.
False
True
Right of Privacy of the Defendant Has Been Violated
CEPC.GARD.16.10.3
14. Courts may disagree on the application of the good faith doctrine as illustrated in U.S. v. McClain.
a.
True
b.
False
True
Evidence Discovered in Good Faith or by Honest Mistake Will Not Be Suppressed
CEPC.GARD.16.10.5
15. Open fields have the same Fourth Amendment protection as the home.
a.
True
b.
False
False
Evidence Discovered in Open Fields Will Not Be Suppressed
CEPC.GARD.16.10.1
16. An open field is an unoccupied or undeveloped area outside of the curtilage.
a.
True
b.
False
True
Evidence Discovered in Open Fields Will Not Be Suppressed
CEPC.GARD.16.10.2
17. Under the Fourth Amendment, police may lawfully search and seize garbage left at the curb for pickup
without a warrant.
a.
True
b.
False
True
CEPC.GARD.16.10.3
18. The plain view doctrine requires that the officer legally be in the place from which the evidence is viewed.
a.
True
b.
False
True
CEPC.GARD.16.10.1
19. In U.S. v. Ritter, the courts greatly expanded the circumstances in which the honest mistake rule can be
applied.
a.
True
b.
False
False
LEARNING OBJECTIVES:
CEPC.GARD.16.10.5
20. In Maryland v. Garrison, the U.S. Supreme Court recognized the importance of allowing latitude for honest
mistakes.
a.
True
b.
False
ANSWER:
True
REFERENCES:
CEPC.GARD.16.10.5
Multiple Choice
21. The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private
citizen acting totally on their own because _____.
a.
the Fourth Amendment does not apply to private conduct
b.
the exclusionary rule contains a specific exception for private conduct
c.
a private citizen cannot act illegally in searching and seizing another’s property
d.
the private citizen does not have standing in the exclusionary rule
ANSWER:
REFERENCES:
CEPC.GARD.16.10.1
22. The federal exclusionary rule _____.
a.
applies only in civil cases
b.
applies only in criminal cases
c.
applies in criminal cases and for civil penalties
d.
applies in civil and criminal cases
ANSWER:
b
The Limits of the Exclusionary Rule
LEARNING OBJECTIVES:
CEPC.GARD.16.10.1
23. To have standing to contest a police search, the person must have had a(n) _____ in the place or things
searched.
a.
ownership interest
b.
subjective expectation of sequestration
c.
reasonable expectation of privacy
d.
experience of monetary damages
ANSWER:
Evidence Obtained from Abandoned Property Will Not Be Suppressed
LEARNING OBJECTIVES:
CEPC.GARD.16.10.1
24. If a person abandons property, they _____.
a.
have no Fourth Amendment rights with regard to that property
b.
have the right to reclaim it if it is seized
c.
can sue police for unlawful seizure if it is seized
d.
can sue police if they damage the property
25. If a person abandons property because of illegal police activity, it _____.
a.
is still a valid abandonment for Fourth Amendment purposes
b.
is a valid abandonment only for search purposes
c.
is a valid abandonment only for seizure purposes
d.
is not a valid abandonment for Fourth Amendment purposes
26. Which person would be most likely to have actual or apparent authority?
a.
the driver of a car
b.
a head nurse in a nursing home
c.
the landlord of rented space
d.
a motel manager
27. Whether consent to search is actually voluntary is determined by _____.
a.
the administration of a competency exam
b.
whether the Miranda warning was given
c.
a reasonable person standard
d.
the totality of the circumstances
28. In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure of a garbage left on
the curb by the defendant for pickup because the defendant _____.
a.
signed a waiver agreement with the trash hauler
b.
failed to object to the search when given the opportunity to do so
c.
had no incriminating evidence in the trash
d.
had no reasonable expectation of privacy in the trash
29. In United States v. Duong the court held that if a rental vehicle is abandoned, _____.
a.
the person listed as the driver has no reasonable expectation of privacy for property left in the vehicle
b.
the vehicle and the property in it cannot be seized until 72 hours after the police find it
c.
the police must obtain permission of the rental company before seizing it and consent from the
person listed as the driver
d.
the police may move the vehicle to a safe location but must obtain a search warrant before searching
it
30. With respect to the expectation of privacy in hotel rooms, courts have held that there is a reasonable
expectation of privacy _____.
a.
only if the individual will be there for at least 7 days
b.
even if the person who rented the room is not present
c.
even when the check-out time has passed without an extension
d.
even though the residence is not expected to be a permanent one
31. Police may enter open fields without a warrant because _____.
a.
the exclusionary rule does not apply
b.
open fields are deemed common property
c.
open fields are not property
d.
open fields have no reasonable expectation of privacy
32. The area directly around the home such as the yard is called the _____.
a.
dominion
b.
extension
c.
curtilage
d.
domicile
33. In U.S. v. Leon, the Supreme Court permitted the use of evidence obtained through the use of a search
warrant containing _____.
a.
deliberate misstatements
b.
a technical error
c.
errors of fact
d.
a reasonable number of errors
LEARNING OBJECTIVES:
CEPC.GARD.16.10.3
34. For the purposes of the Fourth Amendment, there is no search when police view something that is _____.
a.
in open view
b.
incriminating
c.
evidence of a crime
d.
where there is no expectation of privacy
ANSWER:
LEARNING OBJECTIVES:
CEPC.GARD.16.10.2
35. An officer who is acting _____ cannot rely on the good faith exception.
a.
in his or her official capacity
b.
to solve or prevent crime
c.
in an objectively unreasonable fashion
d.
who has doubts about his or her actions
ANSWER:
LEARNING OBJECTIVES:
CEPC.GARD.16.10.4
36. If a search is conducted solely by a _____, the exclusionary rule does not apply.
a.
private individual
b.
state or local official
c.
consenting searcher
d.
federal employee
ANSWER:
37. The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in
criminal cases. Such evidence, however, can be used in _____ cases.
a.
appeals
b.
civil
c.
federal
d.
international
REFERENCES:
38. If a person has consented to a search but then clearly and specifically revokes the consent, the revocation
_____.
a.
is completely ineffective since, once given, consent cannot be revoked
b.
serves to suppress all evidence that has been discovered, even prior to the revocation
c.
is effective if done prior to the discovery of contraband evidence, even if in plain view
d.
is only effective if the person is being searched at an airport or prison
39. Many states have adopted a good _____ exception that permits the use of evidence because of a mistake by a
judge, prosecutor, police dispatcher, or computer.
a.
outcome
b.
rationale
c.
purpose
d.
faith
40. _____ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of
a crime.
a.
Plain view
b.
Voluntary consent
c.
Extreme duress
d.
Honest alibi
Case 10.1
Police are following a swerving vehicle on a local street when they observe a black duffle bag being thrown
from the driver’s window. Police pull over the car for a motor vehicle violation. During the course of the motor
vehicle stop the officer determines that the driver had been drinking. While the driver is performing field
sobriety tests, a back officer retrieves the bag half a block from the stop. The driver is asked about the bag he
threw out the window and he denies throwing anything out of the window. Police advise him that his actions
were caught on the patrol vehicles video systems. The driver is arrested for DWI. Police search the bag and
find a large quantity of heroin and a handgun. There is a second closed bag in the back seat of the car. The
driver is additionally charged with possession and distribution of heroin as well as possession of an unlawful
weapon.
41. In the above scenario, which Constitutional amendment covers the recovery of heroin and gun found in the
bag thrown from the car?
a.
Third
b.
Fourth
c.
Fifth
d.
Sixth
42. What is the level of proof needed for the officer to search the bag?
a.
None, as the bag was abandoned property
b.
Probable cause
c.
A preponderance of evidence
d.
The officer’s mere suspicion
43. What would police need to search the second located in the backseat of the car without a search warrant?
a.
consent
b.
probable cause
c.
preponderance of evidence
d.
proof beyond a reasonable doubt
Case 10.2
Police respond to a 911 call from a female caller reporting a domestic violence incident. The victim/caller meets
the responding officers at the door and invites them inside her home. Once inside, the officers observe evidence
of a physical altercation with broken furniture. The victim reports that her boyfriend, with whom she lives, left
after slamming her into the wall and threatening to kill her. The victim reports that every time her boyfriend
gets wasted, he gets violent. She then tells the police that he left his bag of drugs on their bed and she wants
them and her boy friend out of the house. The victim leads the police to bedroom and points to clear plastic with
what appears to contain methamphetamine. Police seize the drugs. The victim requests and receives a temporary
restraining order against the boyfriend. The boyfriend is subsequently arrested and charged with assault and
terroristic threats along with possession of methamphetamine.
44. Prior to trial the defense attempts to suppress the seizure of the drugs. Was the seizure of the drugs police
subject to the exclusionary rule?
a.
Yes, because the search was conducted without a search warrant.
b.
Yes, because the officers entered the house without defendant’s consent.
c.
No, because of the domestic violence exception.
d.
No, because the victim has “common authority” over the area searched.
45. Suppose that, upon arrival, police were met at the door by the defendant who refused entry, but a female
could be heard crying within the house. The officers enter the home to ensure the safety of the victim, and once
inside, observe evidence of a crime. Under what doctrine could the warrantless search and seizure be upheld?
a.
curtilage
b.
inevitable discovery
c.
plain view
d.
abandoned property
46. Suppose the drugs were in a locked cabinet in the garage to which the female victim did not have access.
Could she give consent allowing the officers search the closet and seize the drugs?
a.
Yes, because of the inevitable discovery rule.
b.
No, because the area is not under common authority.
c.
Yes, because she is the victim of domestic violence.
d.
No, because of the domestic partnership rule.
Case 10.3
An undercover security officer working for a chain supermarket located in New Jersey watches a suspicious
male circling the liquor aisles with an empty shopping kart. The man waits for other patrons to leave the area
and places four bottle of vodka inside his jacket. He then moves toward the exit. As he does so, he observes
security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the
potatoes and attempts to leave the store and is stopped by security. When security confronts the man about the
shoplifting, he begins to cause a scene. The security officer searches the man and recovers the four bottles of
vodka. He then has the man empty his pant pockets and observes two bags of what appears to be heroin mixed
in with his personal papers. Police arrive on scene and the security officer provides details of his observations
and the items recovered in his search of the accused. The security officer advises police that the entire event was
captured on their surveillance system. The police arrest the suspect and take possession of the heroin and the
four bottles of vodka. The security officer responds to the police station to provide a statement and copy of the
surveillance video. The accused is charged with the shoplifting and the possession of the heroin.
47. At trial, the defense argued that the search was unlawful as it was conducted without a warrant and
therefore, the evidence leading to the defendant’s arrest should be excluded. Is the defense correct with their
assertion regarding the validity of the search and request for the exclusion of the evidence?
a.
The defense’s claim is correct. The search was unlawful therefore the evidence should be excluded.
b.
The defense’s claim is not correct. The search was not subject to the exclusionary rule as it was
conducted by a private individual.
c.
The defense’s claim is correct because the store failed to give the man the opportunity to pay for the
vodka after having paid for the potatoes.
d.
The defense’s claim is not correct because the search was conducted in a public place where privacy
is not expected.
48. Suppose the accused had left the store with the stolen items and then discarded the vodka bottles into a
garbage can just outside the store. Police arrive to find the accused detained by security personnel who brief the
police on the theft and directed police to the garbage can. If the police retrieve the bottles from the can without a
warrant, would the defense be correct in moving the search be subject to the exclusionary rule?
a.
The defense would be able to move for exclusion because the garbage can was not under the control
of the accused.
b.
The defense would not be able to move for exclusion because the property (the vodka bottles) was
abandoned.
c.
The defense would be able to claim that because the man was unlawfully detained by the store.
d.
The defense would not be able to claim that because the vodka was still on store property.
49. To be able to raise a legal issue, the person must have _____.
standing
50. Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in
a search by a(n) _____ person.
private
51. If a person validly and voluntarily _____ their property, they give up all Fourth Amendment protection for
that property.
abandons
52. The area immediately around a house such as the yard is called the _____.
curtilage
53. _____ fields have less Fourth Amendment protection than the home.
Open
54. Denial of _____ can result in abandonment.
55. The exclusionary rule does not apply at civil jury proceedings or _____ jury proceedings.
56. The ____ Amendment prohibits unreasonable searches and seizures.
57. In U.S. v. _____, the U.S. Supreme Court recognized a good faith exception to the exclusionary rule in a
defective warrant case.
58. To have _____ to challenge a police search, the person must have had a reasonable expectation of privacy in
the place searched.
59. The exclusionary rule does not apply in probation or _____ revocation proceedings.
60. In Maryland v. _____, the U.S. Supreme Court excused an honest mistake by officers while executing a
search warrant.
61. Consent is not needed to enter premises if police officers enter in _____ circumstances.
62. If evidence is obtained in a legitimate consent search, the _____ rule does not apply.
63. Law officers must prove that consent to enter premises or consent to search a person was given _____ and
was not the product of duress or coercion.
64. Define the concept of standing. When does a defendant have standing to challenge a police search of a place
or things? Be sure to provide examples.
65. What are the four factors the U.S. Supreme Court listed in U.S. v. Dunn to help distinguish open fields from
the curtilage? Give examples of each. What difference does it make whether property is open fields of
curtilage?
66. Discuss the legal precedent of the case of U.S. v. Leon.
67. Fully define the categories of abandonment and the subsequent impact on evidence seized and the use of, or
exception to, the exclusionary rule in each situation.
68. With regard to the “Plain View” doctrine, any of the five human senses may provide information that makes
it “immediately apparent” to the police that the object is evidence of a crime. Discuss the senses applicable to
plain view and their application.
69. When does an individual lose their expectation of privacy in rental property?
70. Discuss the conditions that must be met for a reasonable expectation of privacy to exist.
71. Identify and discuss the two requirements for the admissibility of evidence obtained in a consent search.