Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Assume that the police illegally arrested John.Incident to the arrest, they searched him and found counterfeit money in his pocket.The officer asked John where the money came from.John told the officer that his friend, Fred, printed it.If Fred is charged with counterfeiting, he can have the evidence found in John's pocket ruled inadmissible based on:

Accepted Answer

A)  The Exclusionary Rule
B)  Fruit of the Poison Tree
C)  Harmless Error Rule
D)  Fred does not have the right to challenge the search of JohnE) All of the above
F) B) and C)

Question 3

Describe what should be done when officers execute a search warrant in a home.

Accepted Answer

The first step for the officers is to re...

Question 4

A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

Accepted Answer

A) True 
 B)False

Question 5

What is the purpose of the "return" on a warrant

Accepted Answer

A)  make sure that all documents are returned to the court file
B)  document requests for warrants that were rejected
C)  document how many attempts were made before successfully executing the warrant
D)  provide a record of when the warrant was served and what evidence was seizedE) A) and B)
F) A) and C)

Question 6

The Exclusionary Rule currently applies:

Accepted Answer

A)  only in federal court
B)  only to federal law enforcement agents
C)  to both local and federal law enforcement agents
D)  Exclusionary Rule is no longer usedE) B) and C)
F) A) and D)

Question 7

Facts used to support probable cause for a search warrant:

Accepted Answer

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) A) and D)
F) A) and C)

Question 8

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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

Question 10

If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

Accepted Answer

A) True 
 B)False

Question 11

What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant

Accepted Answer

A)  The police report
B)  An affidavit
C)  A Return
D)  Officer Allan should have given Judge Crawford all of these items.E) A) and B)
F) None of the above

Question 12

State the Fourth Amendment and explain key concepts.

Accepted Answer

The Fourth Amendment reads:
The right of...

Question 13

George was arrested for kidnapping someone for ransom.The kidnap victim, who had severe medical problems and needed regular medication, had not been found.Immediately upon handcuffing George, an officer demanded to know where the victim was.George gave the officer the address.George's statement will be:

Accepted Answer

A)  Inadmissible because there were no Miranda warnings
B)  Admissible under the Impeachment Exception to the Exclusionary Rule
C)  Admissible under the Public Safety Exception to the Exclusionary Rule
D)  Admissible under the Inevitable Discovery Exception to the Exclusionary RuleE) A) and D)
F) All of the above

Question 14

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:

Accepted Answer

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 theseE) B) and D)
F) A) and D)

Question 15

The Fourth Amendment prohibits:

Accepted Answer

A)  all searches without a warrant.
B)  all searches of a home without a warrant.
C)  all searches and seizures without a warrant.
D)  unreasonable searches and seizures.E) A) and B)
F) A) and C)

Question 16

A search warrant is not valid if the facts used to establish probable cause were stale.

Accepted Answer

A) True 
 B)False

Question 17

If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed

Accepted Answer

A)  Yes, the Exclusionary Rule applies to evidence obtained in violation of the Fourth Amendment.
B)  Yes, the Fruit of the Poison Tree Doctrine applies to evidence seized from another person.
C)  No, Eric does not have standing to object to the search because the box was in Dan's possession when it was seized by the officers.
D)  No, Eric does not have standing to have the evidence suppressed because the prosecutor did not file charges against Dan and Eric as co-defendants.E) A) and B)
F) A) and C)

Question 18

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

Accepted Answer

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 admissibleE) B) and C)
F) A) and D)

Question 19

Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

Accepted Answer

A) True 
 B)False

Question 20

Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

Accepted Answer

A) True 
 B)False

Exam 11: Developing Law of Search and Seizure

If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed

Correct Answer
verified

Facts used to support probable cause for a search warrant:

Correct Answer
verified

Describe what should be done when officers execute a search warrant in a home.

Correct Answer
verified
The first step for the officers is to re...
View Answer

The Fourth Amendment prohibits:

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant

Correct Answer
verified

Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

Correct Answer
verified

The Exclusionary Rule currently applies:

Correct Answer
verified

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

Correct Answer
verified

If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

Correct Answer
verified

Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

Correct Answer
verified

State the Fourth Amendment and explain key concepts.

Correct Answer
verified
The Fourth Amendment reads:
The right of...
View Answer

A search warrant is not valid if the facts used to establish probable cause were stale.

Correct Answer
verified

Correct Answer
verified

What is the purpose of the "return" on a warrant

Correct Answer
verified

A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

Correct Answer
verified

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

Correct Answer
verified

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

Correct Answer
verified

Exam 11: Developing Law of Search and Seizure

If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed

Correct AnswerverifiedShow Answer

Facts used to support probable cause for a search warrant:

Correct AnswerverifiedShow Answer

Describe what should be done when officers execute a search warrant in a home.

Correct AnswerverifiedThe first step for the officers is to re...View AnswerShow Answer

The Fourth Amendment prohibits:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant

Correct AnswerverifiedShow Answer

Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

Correct AnswerverifiedShow Answer

The Exclusionary Rule currently applies:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

Correct AnswerverifiedShow Answer

Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

Correct AnswerverifiedShow Answer

State the Fourth Amendment and explain key concepts.

Correct AnswerverifiedThe Fourth Amendment reads:The right of...View AnswerShow Answer

A search warrant is not valid if the facts used to establish probable cause were stale.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What is the purpose of the "return" on a warrant

Correct AnswerverifiedShow Answer

A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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The first step for the officers is to re...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified
The Fourth Amendment reads:
The right of...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified