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235
Chapter 11
DISCLOSING AND SUPPRESSING EVIDENCE
TEST BANK
MULTIPLE CHOICE
1. The U.S. Supreme Court’s ruling in Brady v. Maryland prevents the suppression of what
type of evidence?
a.
Incriminating
c.
Exculpatory
b.
Exclamatory
d.
Confessions
2. Some states require the defense to file a notice if this type of evidence will be used.
a.
evidence for an alibi defense
c.
exculpatory evidence
b.
none of these answers is correct
d.
lab reports
3. Which of the following actors would be in favor of broader discovery laws?
a.
prosecutors
c.
defense attorney
b.
judges
d.
police officers
4. The informal and formal exchange of information between the prosecutor and the defense
attorney prior to trial is called what?
a.
reciprocity
c.
discovery
b.
prosecutorial disclosure
d.
Brady exchange
5. What types of evidence must always be turned over by the prosecutor to the defense in
virtually all jurisdictions?
a.
all open files of any type
b.
all exculpatory evidence and all impeachment evidence
c.
all witness statements
d.
all statements made by the defendant
6. Discovery rules are vitally important to
a.
prosecutors
c.
judges
b.
defense attorneys
d.
juries
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7. Supporters of the exclusionary rule argue that the rule is the only effective deterrent
against which of the following?
a.
judicial misconduct
b.
prosecutor misconduct
c.
courtroom misconduct
d.
police misconduct
8. What do those who want to see the exclusionary rule abolished argue should be enough
to deter police misconduct?
a.
judicial sanctions
b.
departmental sanctions
c.
the threat of criminal prosecutions
d.
the threat of civil lawsuits
9. What is a key issue in the ongoing debate regarding the exclusionary rule?
a.
costs of the rule
b.
difficulty in implementing the rule
c.
gains of the rule
d.
there is no debate regarding the exclusionary rule
10. Closed discovery encourages
a.
plea-bargains.
b.
jury trials.
c.
trials without a jury.
d.
guilty pleas.
11. What is the name of automatic discovery for certain types of evidence, without the
necessity for motions and court orders?
a.
reciprocal disclosure.
b.
informal disclosure.
c.
formal disclosure.
d.
imperfect disclosure.
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12. The traditional legal rule regarding confessions is that confessions
a.
may be physically coerced.
b.
must be free and voluntary.
c.
may be psychologically coerced.
d.
may be obtained by any means necessary.
13. Which U.S. Supreme Court case held that police must inform suspects of their rights
prior to custodial interrogation?
a.
U.S. v. Miller
c.
Miranda v. Arizona
b.
Texas v. Cobb
d.
Mapp v. Ohio
14. In which of the following U.S. Supreme Court decisions was the exclusionary rule
developed?
a.
Miranda v. Arizona
c.
U.S. v. Miller
b.
Weeks v. U.S.
d.
U.S. v. Salerno
15. Which of the following U.S. Supreme Court cases extended the exclusionary rule to the
states?
a.
Mapp v. Ohio
c.
Marbury v. Madison
b.
Terry v. Ohio
d.
Burns v. Reed
16. Which Amendment to the U.S. Constitution provides for protection against self-
incrimination?
a.
1st Amendment
c.
5th Amendment
b.
4th Amendment
d.
6th Amendment
17. Based on research, which of the following is true regarding pretrial motions to suppress
evidence?
a.
they rarely filed
b.
they are often filed but rarely successful
c.
they are often filed and generally succeed
d.
they have a major impact on case attrition
238
18. Evidence appears to suggest that the exclusionary rule has what effect on the criminal
court system?
a.
a marginal effect
c.
a significant effect
b.
no effect
d.
a small but significant effect
19. What effect can the exclusionary rule have on the prosecutor when questions of the
constitutionality of a search and seizure arise in a case?
a.
such questions have no effect on the prosecutor
b.
such questions put the prosecutor on the offensive
c.
such questions alter the role of the judge, not the prosecutor
d.
such questions put the prosecutor on the defensive
20. What legal doctrine was established to control police misconduct?
a.
exclusionary rule
c.
writ of habeous corpus
b.
rules related to exculpatory evidence
d.
stare decisis
21. The exclusionary rule applies to
a.
coerced confessions.
b.
unnecessarily suggestive police lineups.
c.
seizures of items during an unconstitutional search.
d.
The exclusionary rule applies to all of these.
22. What rule prohibits the prosecutor from using illegally obtained evidence during a trial?
a.
the exclusionary rule.
b.
the discovery rule.
c.
the alibi rule.
d.
the suppression rule.
23. The Miranda warnings do not have to be given before law enforcement obtains
a.
breath or blood samples.
c.
fingerprints.
b.
handwriting samples.
d.
Miranda warnings are not required for
239
any of these.
24. Which Amendment to the U.S. Constitution prohibits unreasonable searches and
seizures?
a.
1st Amendment
c.
5th Amendment
b.
4th Amendment
d.
6th Amendment
25. Searches fall into two broad categories:
a.
warrant and probable cause.
c.
warrant and warrantless.
b.
warrantless and reasonable suspicion.
d.
bench warrant and affidavit.
26. Which of the following cases deals with “stop and frisk”?
a.
Mapp v. Ohio
c.
Wolf v. Colorado
b.
Terry v. Ohio
d.
Miranda v. Arizona
27. All of the following are warrantless search except?
a.
search with consent
c.
hidden view
b.
search incident to lawful arrest
d.
plain view
28. Which of the following is the primary requirement for a search warrant?
a.
probable cause
c.
reasonable suspicion
b.
good faith
d.
preponderance of the evidence
29. What type of discovery concerns the exchange of mandated by rules of procedure or
applicable law?
a.
informal discovery
c.
all types of discovery
b.
constitutional discovery
d.
formal discovery
30. Discovery is used in which of the following kinds of cases?
a.
criminal and civil cases
b.
criminal cases
c.
civil cases
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d.
none of these cases
31. Arrest warrants may be issued by
a.
chiefs of police.
c.
judges.
b.
prosecutors
d.
defense attorneys.
32. What is the name given to automatic discovery for certain types of evidence, without the
necessity for motions and court orders?
a.
cooperative disclosure
b.
formal disclosure
c.
formal mandated disclosure
d.
reciprocal disclosure
33. What rule prohibits the prosecutor from using illegally obtained evidence during a trial?
a.
the Miranda rule
b.
the discovery rule
c.
the plain view rule
d.
the exclusionary rule
34. What process is designed to give both parties to a legal dispute a good idea about the
evidence that will be presented at trial?
a.
exclusion
b.
Miranda
c.
plain view
d.
discovery
35. The decision to suppress evidence rests with the
a.
trial judge.
c.
defense attorney.
b.
prosecutor.
d.
appellate judge.
36. Since the prosecution bears the burden of persuasion to prove a defendant guilty beyond a
reasonable doubt, and the defendant is protected against being forced to incriminate
himself/herself, limits have been placed on what process?
a.
pretrial motions
c.
discovery in civil cases
b.
discovery in criminal cases
d.
discovery in all cases
37. During pretrial evidence suppression hearings, the burden of proof lies with the
a.
police.
c.
defense attorney
b.
prosecutor.
d.
judge.
CRITICAL THINKING SCENARIOS
CASE 11.1
Smith is sleeping when the police knock on his door to question him regarding a kidnapping and
rape. The police take him to the station because he doesn’t want to talk in front of his wife. He is
put in a lineup but the victim is unable to identify him. In the interrogation room, Smith asked
how he did, and the Detective replies, “You flunked.” After two hours of questioning, he signed
a written confession admitting guilt. At his subsequent trial the only prosecution exhibit was the
signed confession. The jury quickly returned guilty verdicts for kidnapping and rape.
38. Why might Smith’s conviction be overturned?
a.
his constitutional rights were violated
b.
he confessed due to duress
c.
his conviction would not be overturned
d.
he was not given advice about his constitutional rights
39. If Smith appealed his conviction, what Supreme Court case would most likely apply?
a.
Weeks v. United States (1914).
b.
Miranda v. Arizona (1966)
c.
Mapp v. Ohio (1961).
d.
Katz v. United States (1967)
40. What constitutional amendment(s) are important in Smith’s case?
a.
the Fourth and Fifth Amendments
b.
the Fourth Amendment
c.
the Fifth Amendment
d.
the Eighth Amendment
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CASE 11.2
A search warrant is a written document, signed by a judge or magistrate, authorizing a law
enforcement officer to conduct a search. The Fourth Amendment specifies that “no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched and the Persons or things to be seized.” In light of the plain
language of the Fourth Amendment, search warrants issued by a neutral judicial officer are the
preferred mechanism for authorizing and conducting searches and seizures in the United States.
41. The vesting of warrant-issuing power in a neutral and detached judicial officer stems
from the Supreme Court’s mandate that warrants can be issued only by people who are
not involved in the
a.
activities of law enforcement.
b.
activities of the court.
c.
activities of justice officials.
d.
activities of legal affairs.
42. The particularity requirement means that
a.
warrants should be as detailed as possible.
b.
applications for warrants should be as detailed as possible.
c.
arrest warrants should be as detailed as possible.
d.
search warrants should be as detailed as possible.
43. Regardless of the area or persons to be searched, a few general rules must be followed
during the execution of a search warrant. Which of the following is not one of those
rules?
a.
Search warrants must be executed in a timely manner.
b.
The scope of law enforcement activities during the execution of the warrant must
be strictly limited to achieving the objectives that are set forth with particularity in
the warrant.
c.
Search warrants can be executed at any time of day.
d.
Law enforcement officers are generally required to knock-and-announce their
presence, authority, and purpose before entering premises to execute a search
warrant.
CASE 11.3
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Pursuant to the mandates of the plain text of the Constitution, the Supreme Court held in Katz v.
United States (1967, p. 357), that warrantless searches “are per se unreasonable under the Fourth
Amendment subject only to a few specifically established and well-delineated exceptions.”
Accordingly, warrants play a very important role in criminal procedure. It might therefore come
as a surprise to many people that the majority of searches are conducted without a warrant under
one of the recognized exceptions to the warrant requirement.
44. Which of the following is not one of the exceptions to the warrant requirement?
a.
Searches incident to lawful arrest.
b.
Motor vehicle searches.
c.
Consent searches.
d.
Profile searches.
45. One of the exceptions to the warrant requirement involves “exigent circumstances.” What
is the meaning of “exigent circumstances?”
a.
Police may conduct warrantless searches when granted consent to search by
someone with actual or apparent authority to grant such consent.
b.
Police may conduct warrantless searches when incident to a lawful arrest.
c.
Police may conduct warrantless searches when probable cause exists to search a
motor vehicle.
d.
Police may conduct warrantless searches when emergency situations make it
impracticable for police to seek and obtain a warrant first.
TRUE/FALSE
1. If the defense had to disclose evidence to the prosecution, the privilege against self-
incrimination would be rendered meaningless.
2. Discovery is designed to give only the defense in a legal dispute a good idea about the
evidence that will be presented at trial.
3. Informal discovery occurs frequently because it often facilitates a prompt resolution of a
dispute without the need for trial.
4. Generally, when prosecutors adopt open discovery policies, pleas of guilty are entered
more quickly.
5. The rules relating to pretrial discovery are uniform in all jurisdictions.
6. Reciprocal disclosure by the defense during discovery is limited because the Constitution
affords certain fundamental protections to the defendant.
7. Brady material consists of any exculpatory material that the prosecutor has and must be
turned over to the defense prior to trial.
8. Exculpatory evidence is any evidence that may be favorable to the defendant.
9. All potentially exculpatory evidence must be disclosed to the defense.
10. The exclusionary rule bars evidence from being used in the prosecution’s case-in-chief if
it was obtained in violation of a defendant’s constitutional rights.
11. The fruit of the poisonous tree doctrine always bars derivative evidence found as a result
the violation of a defendant’s constitutional right.
12. The Miranda decision created new rights for defendants and suspects.
13. Before a suspect in police custody is interrogated, the suspect must be informed of his/her
rights under the Fifth Amendment’s Self-Incrimination Clause.
245
14. The most controversial of the U.S. Supreme Court’s criminal justice decisions have
concerned how the police gather evidence.
15. If a police lineup is improperly conducted, the identification of the suspect may be
excluded from evidence during trial pursuant to the exclusionary rule.
16. Once a police officer decides that a search warrant is necessary, the officer usually goes
back to the station house to prepare the application, affidavit, and warrant.
17. Rejection of search warrant applications by magistrates is a common occurrence.
18. If a search warrant is issued, the police must execute the warrant immediately.
19. The plain view doctrine has been expanded to cover other senses, such as "plain smell."
20. The Fourth Amendment prohibits the warrantless search and seizure of abandoned
property.
21. Most states require that suppression motions be made prior to trial.
22. Questions about the constitutionality of a search or seizure of evidence may cause a judge
to rule on the credibility of testimony offered by law enforcement officers.
23. The trial-court judge possesses virtually unfettered discretion in making findings of fact.
246
24. Supporters of the exclusionary rule argue that the rule is the only effective deterrent
against police misconduct.
25. The majority of searches are conducted without a warrant.
COMPLETION
1. The exclusionary rule requires exclusion of evidence obtained as a result of a _____
violation.
2. The informal and formal exchange of information between prosecution and defense is
referred to as _____.
3. _____ evidence is any evidence that may be favorable to the defendant at trial either by
tending to case doubt on the defendant’s guilt or tending to mitigate the defendant’s
culpability, thereby potentially reducing the defendant’s sentence.
4. Supporters of the exclusionary rule argue that the rule is the only effective _____ against
police misconduct.
5. All potentially _____ evidence must be disclosed to the defense.
6. A(n) _____ defense means that the defendant claims the crime was committed while the
s/he was somewhere else, and thus could not have been the perpetrator.
7. The _____ rule bars evidence from being used in the prosecution’s case-in-chief if it was
obtained in violation of a defendant’s constitutional rights.
8. The _____ doctrine bars derivative evidence unless the evidence is so far attenuated
from the constitutional violation that its use would not offend due process.
9. Before a suspect in police custody is interrogated, the suspect must be informed of his/her
rights under the _____ Amendment’s Self-Incrimination Clause.
10. Miranda applies only to _____ interrogations.
11. Search warrants must be executed in a _____ manner to prevent the information that
established probable cause from going stale.
12. Because pretrial motions to suppress evidence are relatively _____, the exclusionary rule
does not generally impact the operations of the courtroom work group in most cases
13. Searches conducted at any _____ border do not require a warrant.
14. Police may conduct _____ searches when incident to a lawful arrest.
15. The Fourth Amendment does not prohibit the _____ search and seizure of abandoned
property.
16. If a conversation takes place in public, where other parties can overhear the conversation,
there is no reasonable expectation of _____
17. In some cases, the fruit of the poisonous tree doctrine bars _____ evidence.
18. During a hearing on _____ motions, the defense attorney usually bears the burden of
proving that the search was illegal or that the confession was coerced.
19. A _____ search authorizes law enforcement to search and seize any contraband or illegal
items if they are in the immediate vision of the officers.
20. When law enforcement officers want to conduct a search for evidence, the _____
Amendment generally requires them to seek a warrant.
ESSAY
1. Explain the reasons why the process of discovery exists in both civil and criminal cases,
but is significantly curtailed in the latter.
2. What specific rights are covered in the reading of the Miranda warnings? What was the
U.S. Supreme Court’s rationale in handing down this decision?
250
3. Using arguments identified in the chapter, evaluate whether the exclusionary rule should
be abolished.
4. Define, compare, and contrast formal and informal discovery.
ANS:
5. Explain why most searches by law enforcement are legally conducted without a search
warrant.
6. Compare and contrast the exclusionary rule and the fruit of the poisonous tree doctrine.
Provide a history of both in your answer.
7. Describe the requirements for the application for search warrants, the issuance of search
warrants, and the execution of search warrants.
8. Analyze and discuss the effect(s) of the exclusionary rule on the operations of the
courtroom work group.
