Quiz #2

Which amendment is most concerned with probable cause? a. the First b. the Fourth c. the Fifth d. the Sixth

b. the Fourth

Which of the following is one of the three ways that probable cause can be established? a. information given by a unreliable third person b. illegally obtained evidence c. information plus corroboration d. none of these

c. information plus corroboration

Federal Officer Peterson searched the house of Quinton based on a tip from an informant that Quinton had counterfeiting equipment in his basement. Officer Peterson had not obtained a search warrant. During the search, he found three printing presses with ink and paper and printing plates for making counterfeit ten and twenty dollar bills. After Weeks v. United States, what would have been the result in federal court? a. all the evidence would have been admissible b. only the printing presses would have been admissible c. none of the evidence would have been admissible d. only the printing plates would have been admissible

c. none of the evidence would have been admissible

Which of the following is not currently an exception to the exclusionary rule? a. Good faith b. Inevitable discovery c. Independent source d. Silver Platter

d. Silver Platter

Which of the following does the Court consider when evaluating information given by informants? a. the quality of the information b. the credibility of the information c. the staleness of the informant d. both quality and credibility of the information

d. both quality and credibility of the information

The purpose of the Exclusionary Rule is to: a. deter judicial misconduct b. punish citizens who violate constitutional rights c. protect rights against violation by the legislature d. deter police misconduct

d. deter police misconduct

Officer Adams was told by an informant that the information had suspicious that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams stopped one of those leaving the apartment, who quickly threw a plastic baggie away and ran. Officer Adams immediately pick up the baggie, which appeared to contain crack cocaine. What should Officer Adams' next step be? a. Go a magistrate and seek a search warrant b. Knock down the door, enter, and arrest Cathy. c. Wait for Cathy to come out of the apartment and then arrest her. d. Enter the apartment and begin a thorough search for drugs.

a. Go a magistrate and seek a search warrant

One of the purposes/arguments for the Exclusionary Rule is that it protects the constitutional right to privacy. a. True b. False

a. True

The Fourth Amendment Exclusionary Rule does not apply to the activities of private citizens acting totally on their own. a. True b. False

a. True

The four categories of exceptions to the Exclusionary Rule are good faith, inevitable discovery, purged taint, and independent source. a. True b. False

a. True

Federal Officer Peterson searched the house of Quinton based on a tip from an informant that Quinton had counterfeiting equipment in his basement. Officer Peterson had not obtained a search warrant. During the search, he found three printing presses with ink and paper and printing plates for making counterfeit ten and twenty dollar bills. Prior to Weeks v. United States, what would have been the result in federal court? a. all the evidence would have been admissible b. only the printing presses would have been admissible c. none of the evidence would have been admissible d. only the printing plates would have been admissible

a. all the evidence would have been admissible

A trial court's determination of probable cause can be reviewed by a(n) _____ court if the case is appealed. a. appellate b. alternate c. exclusionary d. none of these

a. appellate

In testing for the existence of a reasonable suspicion, officers and judges: a. apply the totality of the circumstances test b. apply only the Aguilar reliability of informant prong c. apply only the Aguilar reliability of information prong d. apply both prongs of the Aguilar test

a. apply the totality of the circumstances test

Officer Adams was told by an informant that the information had suspicious that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams stopped one of those leaving the apartment, who quickly threw a plastic baggie away and ran. Officer Adams immediately pick up the baggie, which appeared to contain crack cocaine. What is Officer Adams seeking to obtain by observing the apartment and picking up the baggie? a. corroborating evidence b. clear and convincing evidence c. reasonable suspicion d. none of these

a. corroborating evidence

Officer White of the local county sheriff's department received information that boxes of stolen televisions were being stored in April's garage. He parked down the street, and with a telephoto lens took pictures of the garage when it was opened by April. Stacks of boxes clearly labeled as the missing televisions were invisible. He went to the magistrate and obtained a search warrant. He and other officers later searched the garage and found fifty of the stolen televisions. If the garage was at 421 Main Street, and that is what the officer testified to the magistrate to obtain the search warrant, but the search warrant showed the address to be 427 Main Street, the Exclusionary Rule a. does not apply under the good faith exception b. applies and the evidence is inadmissible c. does not apply under the inevitable discovery exception d. does not apply under the purged taint exception

a. does not apply under the good faith exception

Law enforcement officers conducted a search of Jose's apartment for marijuana. They found bundles of marijuana, remains of burned marijuana cigarettes, and various drug paraphernalia. If a neighbor had conducted the search and found the evidence, then called the officers, it is admissible, because a. it is a private search b. it is of the poisonous tree c. it is independent source d. inevitable source

a. it is a private search

Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a search warrant for Sam's dormitory room. When may Officer Jimenez be required to disclose the identity of criminal informant Carlos? a. when the informant's identity is material to guilt or innocence b. when the defendant requests the identity c. when the officer obtains a search warrant d. never

a. when the informant's identity is material to guilt or innocence

Officer White of the local county sheriff's department received information that boxes of stolen televisions were being stored in April's garage. He parked down the street, and with a telephoto lens took pictures of the garage when it was opened by April. Stacks of boxes clearly labeled as the missing televisions were invisible. He went to the magistrate and obtained a search warrant. He and other officers later searched the garage and found fifty of the stolen televisions. If the search warrant was on a form used for search of controlled substances, but the magistrate failed to delete the controlled substances language, the Exclusionary Rule a. would not apply, because the officer acted in good faith b. would apply, because the officer is responsible for the wording of the warrant c. would not apply, because of judicial immunity d. would apply, because courts are very particular about what forms are used

a. would not apply, because the officer acted in good faith

The first Exclusionary Rule case involving search and seizures was: a. Weeks v. U.S. b. Boyd v. U.S. c. Mapp v. Ohio d. Calson v. Kentucky

b. Boyd v. U.S.

The Fourth Amendment Exclusionary Rule does not apply in federal courts. a. True b. False

b. False

The first case in which the U.S. Supreme Court utilized the Exclusionary Rule was Miranda v. Arizona. a. True b. False

b. False

The harmless error doctrine applies to Fourth Amendment violations. a. True b. False

b. False

The inevitable discovery, silver platter, and "fruit of the poisonous tree" doctrines are all currently exceptions to the Exclusionary Rule. a. True b. False

b. False

Officer Peabody a university police officer, received information from an anonymous caller to his cell phone, that a student living in a campus dormitory was selling drugs. Officer Peabody knew the suspect and had suspicions that he was selling drugs before receiving the information. To obtain a valid search warrant, Officer Peabody will need to obtain the warrant from: a. the chief housing officer b. a magistrate c. the local prosecutor d. the city police chief

b. a magistrate

The prosecution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove: a. automatic reversal b. harmless error c. mandatory remand d. inevitable

b. harmless error

Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a search warrant for Sam's dormitory room. What is the second prong of the Aguilar two-prong test that Officer Jiminez will evaluate? a. reliability of the drug test b. reliability of the informant's information c. reliability of the informant d. none of these

b. reliability of the informant's information

Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a search warrant for Sam's dormitory room. What is the Gates standard for probable cause here? a. separate and independent b. totality of circumstances c. preponderance of the evidence d. clear and convincing evidence

b. totality of circumstances

Law enforcement officers conducted a search of Jose's apartment for marijuana. They found bundles of marijuana, remains of burned marijuana cigarettes, and various drug paraphernalia. For this evidence to be admissible and not a violation of the Exclusionary Rule a. No search warrant is needed, because it is inevitable discovery b. No search warrant is needed, because it is independent source c. A search warrant is needed d. No search warrant is needed, because it is purged taint

c. A search warrant is needed

Law enforcement officers conducted a search of Jose's apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, and various drug paraphernalia. For this evidence to be admissible and not a violation of the Exclusionary Rule a. No search warrant is needed, because it is inevitable discovery b. No search warrant is needed, because it is independent source c. A search warrant is needed d. No search warrant is needed, because it is purged taint

c. A search warrant is needed

The issuance of a warrant ensures a more orderly procedure cause is, in fact, present because it has been reviewed by: a. an educated legal mind b. a subjective and detached magistrate c. a neutral and detached magistrate d. a subjective and benign magistrate

c. a neutral and detached magistrate

Probable cause has a: a. legal definition b. practical definition c. both legal and practical definition d. neither of these

c. both legal and practical definition

In Alabama v. White, the U.S. Supreme Court held that an anonymous tip supplemented by _____ could establish reasonable suspicion. a. information from another anonymous informant b. hearsay information c. corroboration by independent police work d. an affidavit by the officer who received the tip

c. corroboration by independent police work

Officer Adams was told by an informant that the information had suspicious that Cathy, in the apartment next door, was selling drugs from that apartment. On the next three nights Officer Adams surveilled the apartment and saw a wide variety of people going in and out of the apartment. Officer Adams stopped one of those leaving the apartment, who quickly threw a plastic baggie away and ran. Officer Adams immediately pick up the baggie, which appeared to contain crack cocaine. What is a personal reason why Officer Adams would seek a search warrant? a. there is not personal reason b. help get a promotion c. defense in a civil case d. afraid of being shot by Cathy

c. defense in a civil case

Officer Jimenez was told by criminal informant Carlos that while out drinking with Sam the night before; Sam said he had cocaine in his dormitory room. Based on this information, Officer Jimenez is going to a magistrate to obtain a search warrant for Sam's dormitory room. What is the first prong in the Aguilar two-prong test that Officer Jiminez will evaluate? a. reliability of the drug test b. reliability of the informant's information c. reliability of the informant d. none of these

c. reliability of the informant

The U.S. Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of: a. Elkins v. U.S. b. Rochin v. California c. U.S. v. Janis d. Weeks v. U.S.

d. Weeks v. U.S.

The Exclusionary Rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is not admissible in: a. any type of proceeding to prove any fact b. a civil suit brought by the government for breach of contract c. a criminal proceeding to prove any fact by the prosecution d. a criminal proceeding as evidence of guilt

d. a criminal proceeding as evidence of guilt

Law enforcement officers conducted a search of Jose's apartment for marijuana. They found bundles of marijuana, remains of burned marijuana cigarettes, and various drug paraphernalia. If the officers obtained verbal consent, but the department policy required a written consent, it is not a violation of the Exclusionary Rule, because a. the agency rule is invalid b. the agency rule cannot contradict the constitutional rule c. it is independent source d. it violates an agency rule, but not the constitutional rule

d. it violates an agency rule, but not the constitutional rule

Law enforcement officers conducted a search of Jose's apartment for marijuana. They found several bundles of marijuana, remains of burned marijuana cigarettes, and various drug paraphernalia. If the officers obtained verbal consent, but the department policy required a written consent, it is not a violation of the Exclusionary Rule, because a. the agency rule is invalid b. the agency rule cannot contradict the constitutional rule c. it is independent source d. it violates an agency rule, but not the constitutional rule

d. it violates an agency rule, but not the constitutional rule

Which of the following does not require probable cause? a. conviction b. arrest c. search or arrest d. stop and frisk

d. stop and frisk

The federal exclusionary rule may be triggered by violation of which of the following? a. a state statute b. a federal statute c. a state constitution d. the Fourth Amendment

d. the Fourth Amendment