Evidence Ch. 11

​Anonymous information cannot be used to obtain a warrant.

False

​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.

False

When executing a search warrant, officers may:

Search only in locations specifically described in the warrant.

​A "protective sweep" allows an officer to:

Search the immediate area for people who may ambush the officers.

​The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

True

The Fourth Amendment prohibits:

Unreasonable searches and seizures.

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

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.

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

Entering an apartment.

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

False

A search warrant for a house gives the police authority to search all closets and cabinets in the house.

False

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

False

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

False

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

False

Search warrants are issued by the prosecutor.

False

The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.

False

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

False

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.

False

The erroneous admission of illegally seized evidence at trial is grounds for automatic reversal of a conviction.

False

The police do NOT need a warrant to enter a house:

In emergency situations to render medical aid to people in the house.

Information supporting issuing a search warrant must be:

Made under oath or affirmation.

Facts used to support probable cause for a search warrant:

Must not be stale.

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

Police can do a thorough search of people on the premises only if the warrant specifically authorizes the search of those individuals.

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

Provide a record of when the warrant was served and what evidence was seized.

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

The judge will use them to independently decide if there is probable cause.

​"Standing" refers to:

The right to ask a court to take legal action.

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

True

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

True

The Exclusionary Rule currently applies:

To both local and federal law enforcement agents.

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

True

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.

True

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

True

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

True

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

True