Is standing a defendant’s eligibility to contest the legality of a search?
Answer
Correct Answer:
True
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_____ is known as a practice ruled unconstitutional in 1960, in which federal officials relied on evidence in federal prosecutions that had been seized by state officials in violation of the Eighth Amendment.
Answer
Correct Answer:
silver platter doctrine
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_____ is defined as the effect of an attenuated connection between an illegal search and evidence seized in such a search; if the connection is attenuate, it is said to purge the taint of the illegal search.
Answer
Correct Answer:
purging the taint
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_____ is a rule providing that evidence seized as the result of an unconstitutional search is admissible where the government can prove that it would inevitably have been discovered in a lawful fashion.
Answer
Correct Answer:
inevitable discovery rule
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Is independent source doctrine the principle that provides that evidence unlawfully seized nevertheless is admissible where the police are able to demonstrate that the same evidence was also obtained through independent and lawful means?
Answer
Correct Answer:
True
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_____ is known as an exception to the exclusion of illegally seized evidence in situations where an officer has acted in the good faith belief that his or her conduct complies with the Fourth Amendment.
Answer
Correct Answer:
good faith exception
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_____ is defined as evidence derived from unlawfully seized evidence.
Answer
Correct Answer:
fruit of the poisonous tree
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_____ is a rule that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant’s guilt.
Answer
Correct Answer:
exclusionary rule
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Is derivative evidence evidence that is discovered as a result of an unlawful seizure?
Answer
Correct Answer:
True
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_____ is known as permits the use of unlawfully seized evidence in proceedings that are not part of a formal trial.
Answer
Correct Answer:
collateral proceedings
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_____ is defined as a term used to describe a weak link between an unreasonable search and the resulting seizure of evidence; the exclusionary rule does not apply where evidence is attenuated.
Answer
Correct Answer:
attenuated
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If evidence that was seized as a result of an unconstitutional search would have inevitably been discovered anyway in the same condition in a lawful fashion it will be admissible.
Answer
Correct Answer:
True
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The test for a good faith belief in the lawfulness of a search is whether a rookie officer would have known that the search was illegal.
Answer
Correct Answer:
False
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Police have a warrant to search the home of Paul. Upon arrival at the home, police announced their presence but failed to knock and wait a reasonable time before entering. The police found the contraband in the home that they were looking for. Paul challenges the introduction of the items into evidence on the basis that the police failed to knock before entering. Is this argument likely to be successful?
Answer
Correct Answer:
No, the exclusionary rule is inapplicable because of the attenuated relationship between the knock and announce rule and the seizure of the evidence.
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Jason’s house was unlawfully searche The search produced significant evidence against him. At his criminal trial, Jason was found guilty. Jason objects to the introduction of the unlawfully seized evidence at his sentencing hearing. Upon his objection, the evidence will be exclude
Answer
Correct Answer:
True
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The standing doctrine is a method of limiting the cost of the exclusionary rule by restricting the number of individuals who are eligible to challenge the introduction of the evidence.
Answer
Correct Answer:
True
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Isaac placed marijuana in his girlfriend’s purse for safekeeping. Subsequently, the couple was stopped by the police. When asked to empty the contents of her purse, the girlfriend willingly did so, and the officers found the marijuan Isaac wishes to challenge the validity of the purse search because he was the rightful owner of the marijuan Will he be successful?
Answer
Correct Answer:
No, because Isaac had no possessory interest in the purse.
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A police officer stops a car under a belief it was fleeing the scene of a crime. The officer searched the car, which was occupied by the driver and a passenger. The search revealed a shotgun, ammunition, and stolen goods in the trunk. The passenger challenges the search of the vehicle. As a nonowner passenger, he has standing to sue.
Answer
Correct Answer:
False
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Habeas corpus is a civil lawsuit in which the petitioner asks the court for a writ on the grounds that he is being unlawfully detaine
Answer
Correct Answer:
True
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Criminal charges have been brought against Jorge. Jorge and his lawyer file a motion to suppress the evidence because they believe it was obtained unlawfully and without a warrant. On which party is the burden of proof placed?
Answer
Correct Answer:
The government if there was no warrant
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What are alternative remedies to the exclusionary rule?
Answer
Correct Answer:
Lesser charges
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Which is not an argument against the exclusionary rule?
Answer
Correct Answer:
Victim sympathizing
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Which is not a justification for the exclusionary rule?
Answer
Correct Answer:
Judicial economy
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The predominant view is that the exclusionary rule is a judicially created remedy.
Answer
Correct Answer:
True
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Police suspected Antonin swallowed capsules containing illegal substances. The police ordered a doctor to induce vomiting in order to produce the capsules. Would the capsules likely be excluded from evidence?
Answer
Correct Answer:
Yes, that behavior shocks the conscience and violates the due process.
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Fruit of the poisonous tree is evidence that is discovered as a result of unlawfully seized items.
Answer
Correct Answer:
True
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