Criminal Justice Procedures

Question 1

What is the Exclusionary Rule?

Answer 1

A legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial.

This rule applies to violations of a defendant’s 4th, 5th, and/or 6th Amendment rights. See, Weeks v. U.S. (1914)

Question 2

What does the Exclusionary Rule prohibit in a criminal trial?

Answer 2

The use of illegally obtained evidence and/or statements.

It does not prohibit the continuation of prosecution.

Question 3

In what contexts can illegally obtained evidence be used?

Answer 3

• Grand jury hearing
• Civil proceedings
• Probable cause hearing
• Sentencing hearing

Question 4

Which landmark case applied the Exclusionary Rule to the states?

Answer 4

Mapp v. Ohio (1961)

Question 5

What is a motion to suppress evidence?

Answer 5

A request by criminal defense attorneys to exclude evidence that was illegally obtained.

Question 6

What is the Fruits of the Poisonous Tree Doctrine?

Answer 6

Any evidence gathered as an indirect result of an illegal search is also excluded.

Question 7

What is the ‘Good Faith’ exception to the Exclusionary Rule?

Answer 7

Evidence obtained by police acting in reasonable reliance on an invalid search warrant may not be barred by the exclusionary rule.

Question 8

What are the two exceptions to the Fruits of the Poisonous Tree Doctrine?

Answer 8

• Independent source of knowledge
• Inevitable discovery

Question 9

What are the two main arguments in support of the Exclusionary Rule?

Answer 9

• Judicial Integrity
• Deterrence

Question 10

What did Graham v. Connor establish?

Answer 10

The ‘objectively reasonable standard’ for judging the use of force by police.

Question 11

What does Tennessee v. Garner state regarding the use of deadly force?

Answer 11

Deadly force may not be used to prevent escape unless the officer has probable cause of a significant threat.

Question 12

What is required for a police officer to conduct a ‘stop and frisk’?

Answer 12

Reasonable suspicion based on specific articulable facts.

Question 13

What is the automobile exception established in Carroll v. U.S.?

Answer 13

Officers can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.

Question 14

What did the court rule in Riley v. California regarding mobile phones?

Answer 14

Police cannot search mobile phones incident to arrest without a warrant.

Question 15

What are Miranda Warnings?

Answer 15

Warnings that police must read to a suspect in custody before interrogation.

Question 16

What is the definition of ‘custodial interrogation’?

Answer 16

Interrogation of a suspect who is in custody and not free to leave.

Question 17

What is the Public Safety Exception to Miranda warnings?

Answer 17

Officers do not need to give Miranda warnings if they believe the suspect has information that could save a life.

Question 18

What is the ‘Undercover Agent Exception’?

Answer 18

Applies when a suspect is unaware that they are speaking to an undercover officer.

Question 19

What does the 4th Amendment establish?

Answer 19

The right to be free from unreasonable searches and seizures by the government.

Question 20

What is required for a search warrant to be issued?

Answer 20

An affidavit providing probable cause that a search is justified.

Question 21

What is the ‘Plain View Exception’?

Answer 21

Police can seize evidence that is in plain view during a lawful search.

Question 22

What does ‘knock and announce’ refer to?

Answer 22

The requirement for police to announce their presence and purpose before entering a property.

Question 23

What is ‘Hot Pursuit’ in terms of police searches?

Answer 23

Officers in hot pursuit of a suspect are not required to obtain a warrant before entering property.

Question 24

What is the significance of New Jersey v. T.L.O. (1985)?

Answer 24

Established that schools only need reasonable suspicion for searches, not probable cause.

Question 25

What does 'Stop and Frisk' allow police to do?

Answer 25

Stop a person they reasonably suspect is armed and conduct a frisk for weapons.

Question 26

What is the definition of 'consent' in the context of searches?

Answer 26

When a person voluntarily agrees to a search without a warrant.

Question 27

What is the 'Emergency Situations' exception to warrant requirements?

Answer 27

No warrant is needed in emergencies that involve potential serious crimes.

Question 28

What does the term 'suspicionless searches' refer to?

Answer 28

Searches and seizures without individualized suspicion of wrongdoing are usually considered unreasonable.

Question 29

What is required for a school authority to conduct a search?

Answer 29

Reasonable suspicion that evidence of a violation of school rules or law will be found ## Footnote This applies to searches conducted by police officers in a school setting.

Question 30

What types of searches have courts allowed in schools?

Answer 30

* Random locker searches * Use of drug-sniffing dogs * Random student drug testing ## Footnote Courts are more reluctant to allow strip searches of students.

Question 31

What are searches and seizures usually considered if there is no individualized suspicion of wrongdoing?

Answer 31

Unreasonable ## Footnote There are some limited exceptions to this rule.

Question 32

Name two exceptions to the general rule regarding suspicionless searches.

Answer 32

* Fixed-point searches at or near borders * Highway sobriety checkpoints ## Footnote Reference: Michigan Dept. of State Police v. Sitz

Question 33

What is racial profiling?

Answer 33

Inappropriate use of race as a factor in identifying potential lawbreakers ## Footnote It includes actions based on ethnicity, national origin, or religion.

Question 34

What is the general rule regarding police stops based on race?

Answer 34

Inappropriate for an officer to stop a person solely because of race, ethnicity, national origin, or religion ## Footnote Officers may consider such factors among others in some situations.

Question 35

Define contraband.

Answer 35

Any items that are illegal to possess ## Footnote Contraband can include drugs, weapons, and stolen property.

Question 36

What is probable cause?

Answer 36

A reasonable belief that a specific person has committed a crime ## Footnote This belief can be based on personal knowledge or reliable sources.

Question 37

What does a search entail?

Answer 37

Examination of a person's body, property, or other private areas by law enforcement for evidence of a crime ## Footnote This is conducted under the assumption that the area is considered private.

Question 38

What is a seizure?

Answer 38

The act of taking by legal process or force, such as evidence found at a crime scene ## Footnote Seizures must follow legal procedures.

Question 39

What is a search warrant?

Answer 39

A court order authorizing law enforcement to conduct a search for evidence of a crime ## Footnote It allows officers to confiscate any evidence they find.

Question 40

What is a warrant?

Answer 40

An order of a court directing a law enforcement officer to arrest and bring a person before the judge ## Footnote This includes individuals charged with a crime or in contempt of court.