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The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

A) True
B) False

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The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

A) True
B) False

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A "protective sweep" allows an officer to:


A) sweep a neighborhood for drug users when searching for drug dealers
B) conduct a roadblock to detect individuals driving under the influence of alcohol
C) search theΒ  immediate area for people who may ambush the officers
D) obtain arrest warrants for all members of a violent street gang

E) All of the above
F) C) and D)

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The facts presented to a judge to support issuing a search warrant should be very detailed because:


A) only one request for a search warrant is allowed per case.
B) the judge will use them to independently decide if there is probable cause.
C) they must establish beyond a reasonable doubt where the evidence is located.
D) the prosecutor will rely on them at the Preliminary Hearing.

E) B) and C)
F) A) and D)

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Anonymous information cannot be used to obtain a warrant.

A) True
B) False

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In which of the following situations are police required to comply with knock-and-announce?


A) entering an apartment
B) entering a commercial building
C) entering a store without consent
D) all of these require knock-and-announce

E) B) and C)
F) A) and B)

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A

The Fourth Amendment only applies to the issuing of search and arrest warrants.

A) True
B) False

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The "totality of the circumstances test" established in Illinois v. Gates :


A) requires that prior reliability be established for each person who provided facts included in the application for a search warrant.
B) allows judges to use information from both police and other people when deciding whether or not to issue a search warrant.
C) allows judges to look at all of the facts when issue a search warrant rather than requiring that informants be shown to be previously tested for reliability.
D) allows judges to issue a search warrant if all the facts indicate criminal activity even though the police have not determined what crime is involved.

E) All of the above
F) A) and D)

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Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. If Brian's attorney successfully establishes that Judge Crawford did not fill out the warrant properly, which exception to the Exclusionary Rule is the prosecutor most likely to argue applies?


A) Good Faith Exception to the Exclusionary Rule
B) Public Safety Exception to the Exclusionary Rule
C) Inevitable Discovery Exception to the Exclusionary Rule
D) Independent Source Exception to the Exclusionary Rule

E) B) and C)
F) A) and D)

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List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them.

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Exceptions to the Exclusionary Rule [stu...

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When are the police allowed to search people when executing a search warrant?


A) police can thoroughly search everyone on the premises whenever they execute a search warrant
B) police can do a pat-down for weapons on every person present when they execute a search warrant
C) police can do a thorough search of people on the premises only if the warrant specifically authorizes the search of those individuals
D) police cannot search people when executing a search warrant unless they are arresting them

E) All of the above
F) A) and B)

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C

If officers legally obtain a search warrant but fail to follow proper knock-and-announce procedures:


A) everything they seize will be inadmissible in court
B) everything they seize based on the Plain View Doctrine will be inadmissible in court
C) everything seized will be inadmissible in court if anyone was at home at the time
D) everything they seize while properly executing the warrant will be admissible

E) A) and B)
F) All of the above

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Officers are exempt from the knock-and-announce procedure if they are executing a valid warrant in a commercial building.

A) True
B) False

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Officer Jones obtained a confession in violation of Miranda . In the confession, the suspect indicated he had hidden the stolen diamonds in the park in a soft drink can. A city park ranger found the diamonds before the police had a chance to recover them. The diamonds will be admissible at trial based on:


A) Independent Source Exception to the Exclusionary Rule
B) Good Faith Exception to the Exclusionary Rule
C) Impeachment Exception to the Exclusionary Rule
D) none of these

E) B) and D)
F) C) and D)

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A

Describe the history of the Exclusionary Rule in the United States Supreme Court.

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In the 1914 case of Weeks v. U.S. the Su...

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Facts used to support probable cause for a search warrant:


A) must not be over 48 hours old.
B) must be from tested informants.
C) must not be stale
D) all of these are required for a valid warrant.

E) B) and C)
F) None of the above

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Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. Did Officer Allen conduct a search when he went to the store and looked at items in the display case?


A) Yes, he was there searching for evidence that Brian sold stolen jewelry.
B) Yes, Brian's store was private property.
C) No, he did not invade Brian privacy by looking at items on display for the public to view.
D) No, he did not remove anything from the display case.

E) None of the above
F) A) and C)

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Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the illegal assault rifle be admissible because it was found during a protective sweep?


A) Yes, Officer Allen automatically had the right to seize illegal weapons.
B) Yes, Officer Allen automatically had the right to search the immediate area for someone who might ambush him.
C) No, a protective sweep may be done for Officer Allen's safety, but he is not allowed to seize evidence when doing so.
D) No, there was no right to do a protective sweep because Officer Allen knew that Dan was in jail.

E) None of the above
F) All of the above

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Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial?


A) Yes, absent an emergency, officers must comply with "Knock-and-Announce."
B) Yes, the fact that Officer Allen conducted a protective sweep proves that he believed someone was in the apartment.
C) No, Officer does not have to comply with "Knock-and-Announce" because he knew Dan was in jail.
D) No, Officer Allen's failure to comply with "Knock-and-Announce" does not result in suppression of evidence because he was executing a search warrant.

E) None of the above
F) A) and B)

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The Fruit of the Poison Tree Doctrine:


A) makes all evidence obtained in violation of the Fourth Amendment inadmissible at trial
B) makes evidence derived from evidence found in violations of the Fourth Amendment inadmissible at trial
C) only applies to evidence obtained in violation of the Fifth Amendment
D) was abolished by the Supreme Court in the Wong Sun case

E) A) and C)
F) B) and C)

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