legal aspects final Exam, Complete Verified
Solution
A violation of which constitutional amendment may trigger the exclusionary rule?
The Fourth Amendment
What rule requires the prosecution to show beyond a reasonable doubt that
erroneously admitted evidence did not contribute to the conviction of a
defendant?
harmless error rule
What condition must apply for an individual to invoke the exclusionary rule?
standing
For what reason can the Supreme Court possibly eliminate (or Congress amend)
the exclusionary rule?
The exclusionary rule is judge-made.
Under which doctrine, since discarded, did federal courts admit evidence illegally
seized by state law enforcement officers and then turned over to federal officers?
silver platter doctrine
What impact did the U.S. Supreme Court's decision in Mapp v. Ohio have on
application of the exclusionary rule?
The decision extended the exclusionary rule to state prosecutions
What legal procedure serves as the primary means of invoking the exclusionary
rule?
pretrial motion to suppress evidence
What is the "fruit" in the fruit of the poisonous tree?
secondary evidence
The good faith exception to the exclusionary rule allows the use of evidence as
long a mistake or error was not committed by _____.
the police
Which exception to the exclusionary rule applies when a defendant's actions
break the causal chain between police misconduct and the evidence?
purged taint exception
Which exception to the exclusionary rule allows evidence at trial if the police can
show that evidence initially obtained illegally would obviously have been legally
obtained in due time?
inevitable discovery exception
Which court officers determine whether harmless error has occurred?
appellate court judges
TIn which situation could the prosecution use evidence seized as the result of an
illegal wiretap?
The wiretap was made by private individuals without police participation.
Which U.S. Supreme Court decision did away with the silver platter doctrine?
Elkins v. United States
What avenue remains open for a defendant to invoke the exclusionary rule if a
motion to exclude evidence fails on appeal?
habeas corpus proceeding
, For what reason does the exclusionary rule not apply to a parole revocation
hearing?
A parole revocation hearing is not a criminal trial.
One argument in support of the exclusionary rule is that the rule ____.
results in the freeing of the guilty in only a relatively small proportion of cases
One argument against the exclusionary rule is that the rule _____.
is only used in the United States
As an alternative to the exclusionary rule, what does the British system say about
illegally obtained evidence?
The evidence is admissible, but the police officer is subject to departmental discipline.
What is the general consensus about the future of the exclusionary rule?
The rule is here to stay.
The significance of the 1914 Supreme Court ruling in Weeks v. United States is
that it marked the _____.
first application of the exclusionary rule in a federal prosecution
Before the U.S. Supreme Court decision that applied the exclusionary rule to
state criminal prosecutions, the use of the rule was _____.
left to the discretion of the states
Among the exceptions to the exclusionary rule is the _____.
independent source exception
As a result of recent Supreme Court decisions, the application of the
exclusionary rule in criminal proceedings has _____.
narrowed
The reason why the exclusionary rule does not apply to grand jury proceedings is
because application of the rule would _____.
interfere with the grand jury's investigative functions
In what situation does stale information become a problem for determining
probable cause?
in search and seizure cases
One reason why a police officer should obtain a warrant prior to an arrest is that
it _____.
may provide a defense in a civil suit against the officer
The U.S. Supreme Court uses the test of _____ to measure probable cause.
reasonableness
What level of proof does a police officer need to legally stop and search a
suspect?
reasonable suspicion
Which case decided by the U.S. Supreme Court established a two-pronged test
for determining the reliability evidence provided by an informant when assessing
probable cause?
Aguilar v. Texas
Which constitutional amendment provides the foundation for requiring probable
cause in police work?
Fourth Amendment
Which type of court reviews, and possibly reverses, a lower court's finding of
probable cause?
Solution
A violation of which constitutional amendment may trigger the exclusionary rule?
The Fourth Amendment
What rule requires the prosecution to show beyond a reasonable doubt that
erroneously admitted evidence did not contribute to the conviction of a
defendant?
harmless error rule
What condition must apply for an individual to invoke the exclusionary rule?
standing
For what reason can the Supreme Court possibly eliminate (or Congress amend)
the exclusionary rule?
The exclusionary rule is judge-made.
Under which doctrine, since discarded, did federal courts admit evidence illegally
seized by state law enforcement officers and then turned over to federal officers?
silver platter doctrine
What impact did the U.S. Supreme Court's decision in Mapp v. Ohio have on
application of the exclusionary rule?
The decision extended the exclusionary rule to state prosecutions
What legal procedure serves as the primary means of invoking the exclusionary
rule?
pretrial motion to suppress evidence
What is the "fruit" in the fruit of the poisonous tree?
secondary evidence
The good faith exception to the exclusionary rule allows the use of evidence as
long a mistake or error was not committed by _____.
the police
Which exception to the exclusionary rule applies when a defendant's actions
break the causal chain between police misconduct and the evidence?
purged taint exception
Which exception to the exclusionary rule allows evidence at trial if the police can
show that evidence initially obtained illegally would obviously have been legally
obtained in due time?
inevitable discovery exception
Which court officers determine whether harmless error has occurred?
appellate court judges
TIn which situation could the prosecution use evidence seized as the result of an
illegal wiretap?
The wiretap was made by private individuals without police participation.
Which U.S. Supreme Court decision did away with the silver platter doctrine?
Elkins v. United States
What avenue remains open for a defendant to invoke the exclusionary rule if a
motion to exclude evidence fails on appeal?
habeas corpus proceeding
, For what reason does the exclusionary rule not apply to a parole revocation
hearing?
A parole revocation hearing is not a criminal trial.
One argument in support of the exclusionary rule is that the rule ____.
results in the freeing of the guilty in only a relatively small proportion of cases
One argument against the exclusionary rule is that the rule _____.
is only used in the United States
As an alternative to the exclusionary rule, what does the British system say about
illegally obtained evidence?
The evidence is admissible, but the police officer is subject to departmental discipline.
What is the general consensus about the future of the exclusionary rule?
The rule is here to stay.
The significance of the 1914 Supreme Court ruling in Weeks v. United States is
that it marked the _____.
first application of the exclusionary rule in a federal prosecution
Before the U.S. Supreme Court decision that applied the exclusionary rule to
state criminal prosecutions, the use of the rule was _____.
left to the discretion of the states
Among the exceptions to the exclusionary rule is the _____.
independent source exception
As a result of recent Supreme Court decisions, the application of the
exclusionary rule in criminal proceedings has _____.
narrowed
The reason why the exclusionary rule does not apply to grand jury proceedings is
because application of the rule would _____.
interfere with the grand jury's investigative functions
In what situation does stale information become a problem for determining
probable cause?
in search and seizure cases
One reason why a police officer should obtain a warrant prior to an arrest is that
it _____.
may provide a defense in a civil suit against the officer
The U.S. Supreme Court uses the test of _____ to measure probable cause.
reasonableness
What level of proof does a police officer need to legally stop and search a
suspect?
reasonable suspicion
Which case decided by the U.S. Supreme Court established a two-pronged test
for determining the reliability evidence provided by an informant when assessing
probable cause?
Aguilar v. Texas
Which constitutional amendment provides the foundation for requiring probable
cause in police work?
Fourth Amendment
Which type of court reviews, and possibly reverses, a lower court's finding of
probable cause?
