The Exclusionary Rule MCQs
The Exclusionary Rule MCQs
These The Exclusionary Rule multiple-choice questions and their answers will help you strengthen your grip on the subject of The Exclusionary Rule. You can prepare for an upcoming exam or job interview with these 20+ The Exclusionary Rule MCQs.
So scroll down and start answering.
1: Fruit of the poisonous tree is evidence that is discovered as a result of unlawfully seized items.
A. True
B. False
2: 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?
A. No, police can use whatever methods are necessary in a given situation to discover criminal evidence.
B. Yes, that behavior shocks the conscience and violates the due process.
C. No, because Antonin gave the police probable cause.
D. Yes, because Antonin gave the police probable cause
3: The predominant view is that the exclusionary rule is a judicially created remedy.
A. True
B. False
4: Which is not a justification for the exclusionary rule?
A. Judicial integrity
B. Judicial economy
C. Deterrence
D. Constitutional rights
5: Which is not an argument against the exclusionary rule?
A. Victim sympathizing
B. Penalizing victims
C. Truth seeking
D. Lack of flexibility
6: What are alternative remedies to the exclusionary rule?
A. Civil tort suits
B. Civilian review board
C. Police administrative procedures
D. Lesser charges
7: 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?
A. The government if there was no warrant
B. The defendant regardless of the warrant
C. The parties decide who bears the burden for proof
D. There is no burden of proof because the case is automatically thrown out due to police misconduct
8: 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
A. True
B. False
9: 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.
A. True
B. False
10: 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?
A. Yes, if he can prove ownership.
B. No, but only because the substance was illegal.
C. Yes, if the girlfriend gave him permission.
D. No, because Isaac had no possessory interest in the purse.
11: 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.
A. True
B. False
12: 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
A. True
B. False
13: 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?
A. Yes, the items would be fruit of the poisonous tree.
B. Yes, illegally obtained items must be exclude
C. No, the exclusionary rule is inapplicable because of the attenuated relationship between the knock and announce rule and the seizure of the evidence.
D. No, providing the officer can prove the knock and announce rule was not violate
14: 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.
A. True
B. False
15: 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.
A. True
B. False
16: _____ 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.
A. Yes, but only because she refused to consent
B. No, because doctors can always disclose information relating to patients’ injuries
C. attenuated
D. All of these
17: _____ is known as permits the use of unlawfully seized evidence in proceedings that are not part of a formal trial.
A. All of these
B. Yes
C. pattern jury instructions
D. collateral proceedings
18: Is derivative evidence evidence that is discovered as a result of an unlawful seizure?
A. True
B. False
19: _____ 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.
A. exclusionary rule
B. Plain view
C. All of these
D. Open fields
20: _____ is defined as evidence derived from unlawfully seized evidence.
A. Whether there is a compelling interest in the information.
B. fruit of the poisonous tree
C. All of the above
D. All of these
21: _____ 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.
A. None of these
B. An encounter
C. good faith exception
D. A search
22: 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?
A. True
B. False
23: _____ 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.
A. None of these
B. Circumstantial
C. inevitable discovery rule
D. Corroborative
24: _____ 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.
A. None of these
B. purging the taint
C. Microcrystalline test
D. Gas chromatography
25: _____ 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.
A. pattern jury instructions
B. All of these
C. Yes
D. silver platter doctrine
26: Is standing a defendant’s eligibility to contest the legality of a search?
A. False
B. True
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The Exclusionary Rule MCQs
