Mapp + Impeachment

Question 1

Rationale behind modern exclusionary rule

Answer 1

• deterrence of unconstitutional searches & seizures
• no other reasonable remedy
• judicial integrity

Question 2

Mapp extends ___

Answer 2

exclusionary rule (from Weeks) to the states

Question 3

What does no right without a remedy mean

Answer 3

has to be some consequence for constitutional violations

Question 4

Black concurred in Mapp to say that ___

Answer 4

4A in conjunction with 5A right to not self incriminate produced the exclusionary rule

Question 5

The problem with Mapp and deterrence is that it only deters ___

Answer 5

if evidence will be used at trial (can’t deter if not seeking to bring a case)

Question 6

Judicial integrity argument behind Mapp

Answer 6

if not, court putting stamp on evidence illegally obtained

Question 7

Incorporation changed the scope of the exclusionary rule from ___

Answer 7

beyond bootleggers but also to “murderers and robbers”

Question 8

Judges can only implement exclusionary rule when ____

Answer 8

evidence was found (if illegal search but nothing found not a remedy)

Question 9

Elkins held that federal prosecutors cannot use evidence ____

Answer 9

unconstitutionally obtained by state officials (no silver platter)

Question 10

Silver platter case

Answer 10

Elkins

Question 11

Rea held that federal agents cannot ____

Answer 11

give state prosecutors the fruits of the federal agents’ illegal searches.

Question 12

The text of 4A does not say ___

Answer 12

what the remedy should be

Question 13

Most cases of police misconduct do not ___

Answer 13

result in high damages and damages rarely come out of police budgets

Question 14

1983/Bivens allows you to ___ but ___

Answer 14

bring suit against individual officers BUT qualified immunity

Question 15

Under qualified immunity, individual officers cannot ___

Answer 15

be held liable in personal capacity unless they have violated a clear constitutional right (very high bar)

Question 16

Monell doctrine holds local governments liable under 1983 only if ____

Answer 16

official policy/custom caused the
constitutional violation

Question 17

There are _____ to getting an injunction against a police dept

Answer 17

significant

Question 18

LA v. Lyons held that plaintiff couldn’t get injunction against chokeholds by LAPD because _____

Answer 18

no guarantee this P would be put in chokehold so no case or controversy

Question 19

It’s very unlikely to get criminal charges for police misconduct because ___

Answer 19

poor police practices can help show no criminal intent

Question 20

Citizen review boards are focused on ____

Answer 20

performance/misconduct of individual police officers

Question 21

Evidence suppressed due to an illegal search/seizure can be used to ____

Answer 21

impeach a defendant’s testimony

Question 22

Case about defendant testimony on direct

Answer 22

Walder

Question 23

Case about defendant testimony on cross

Answer 23

Havens

Question 24

The impeachment exception to exclusion only applies to ___ not ___

Answer 24

criminal defendants, all criminal witnesses (James)

Question 25

Rationale behind Walder and Havens

Answer 25

only exclude as much as is necessary for right amount of deterrence

Question 26

Havens says deterrence goals reached by ____

Answer 26

preventing prosecutor from using in case in chief

Question 27

Walder rule

Answer 27

Evidence suppressed due to an illegal search/seizure can be used to impeach ∆’s direct testimony.

Question 28

Harris/Hass hold that ___

Answer 28

statements in violation of Miranda admissible to impeach defendant direct testimony

Question 29

Havens facts

Answer 29

searched luggage without warrant and found clothing suggesting helped friend smuggle cocaine into the country

Question 30

Havens effectively deters ___

Answer 30

defendants from testifying (anything on direct opens the door for questioning of evidence on cross)

Question 31

Havens views exclusion as ___

Answer 31

remedy not a right

Question 32

James held that ___

Answer 32

Havens applies only to criminal defendants