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Exam 9: The Exclusionary Rule

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Question 1

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If the police can show they would have found the evidence eventually by legal means, it may trigger the independent source exception to the exclusionary rule.

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Question 2

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Unreasonable searches and seizures that violate the ___________ Amendment can trigger the federal exclusionary rule.

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A search conducted pursuant to an invalid search ____________ may be subject to the exclusionary rule.

One of the costs (and criticisms) of the federal exclusionary rule is that it

Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine.Be sure to provide examples.

The primary justification for the exclusionary rule is

The Miranda rule does not include safeguards before obtaining confessions or other incriminating statements.

For most of U.S.history, there was no federal exclusionary rule.

The U.S.Supreme Court made the federal exclusionary rule mandatory for state courts in

The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable evidence.

In Hudson v.Michigan, the court stated that the exclusionary rule is most appropriate in cases of ____________ searches.

In the Fahy v.Connecticut case, the court noted that there was no prejudicial effect of erroneously admitted evidence.

In ______ v.U.S., the Supreme Court held this was an exception to the fruit of the poisonous tree doctrine.

Evidence gathered from initial improper conduct is called "fruit of the poisonous tree".

Police misconduct can result in the violation of the Fifth and Fourteenth Amendments' Clauses of due process.

The U.S.Supreme has often held that "Mere police questioning does not constitute a seizure", Florida v.Bostick, 501 U.S.429, 434 (1991), whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity.If the circumstances surrounding the knock-and-talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes "custodial" and the person is "seized" under the Fourth Amendment.With that noted, what factors do you think should be recognized as factors that should be taken into consideration when judging whether a person should reasonably consider him/herself in "custody"? Explain your responses.

If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule.

The Self-Incrimination Clause has only one, specific goal: to protect against compelled, self-incriminating statements.This falls under the ___________ Amendment.

Where, however, a significant period of time goes by between the improper conduct and the new evidence, the U.S.Supreme Court has long held that the "_________" from the improper conduct can be dissipated.

In Nix v.Williams, the inevitable discovery rule was adopted.