C550 Law Enforcement Authority Unit 1

Question 1

What rule prevents the government from using unlawfully obtained evidence in a criminal
prosecution?

Answer 1

The exclusionary rule

Question 2

What rule extends evidence suppression to items discovered indirectly from unlawful
conduct?

Answer 2

The fruit of the poisonous tree rule

Question 3

How does a criminal defendant ask the court to exclude a piece of evidence from his
criminal trial?

Answer 3

Files a motion to suppress

Question 4

CBPO arrests a suspect based on a hunch that the suspect is involved in narcotics trafficking.
The officer then performs a search of the suspect incident to arrest and discovers five fraudulent
passports taped to the suspect’s body. The suspect is charged with passport fraud. He pleads not
guilty and a trial date is set. Will the government be able to use the fraudulent passports as
evidence during the trial?

Answer 4

No. The onginal arrest was unreasonable, therefore all of the evidence discovered as a result of that arrest will be excluded under the exclusionary rule and the fruit of the poisonous tree rule.

Question 5

4th Amendment ?

Answer 5

Prohibits unreasonable search and seizure

Question 6

Levels of suspicion from lowest to highest? (6)

Answer 6

-Zero Suspicion
-Some or Mere Suspicion
-Reasonable Suspicion
-Probable Cause
-Reasonable Certainty
-Proof beyond Reasonable doubt

Question 7

___ it is the standard the government must prove in a criminal prosecution and represents a high degree of certainty

Answer 7

Proof beyond reasonable doubt

Question 8

____ is a high level of suspicion, supported by facts that create a firm belief or firm conviction that something is true

Answer 8

Reasonable Certainty

Question 9

____ is suspicion supported by facts from trustworthy sources, along with the reasonable inferences that can be drawn from such facts that would lead a reasonable person to believe that something is probably true

Answer 9

Probable cause

Question 10

_____is suspicion supported by facts from trustworthy sources, along with the reasonable inferences that can be drawn from those facts that would lead a reasonable person to believe that something might be true

Answer 10

Reasonable suspicion

Question 11

_____ is a subjective suspicion, which may be as little as a “hunch” or which may be based on facts that are not enough to establish “reasonable suspicion”.

Answer 11

Some or mere suspicion

Question 12

____ means no particular suspicion of any kind

Answer 12

Zero Suspicion

Question 13

When officers use their statutory law enforcement authorities, including arrest authority, they must do so in a manner that complies with the?

Answer 13

Levels of the 4th amendment

Question 14

What are 2 key resources providing guidance on the prohibition of the use of racial profiling in law enforcement activities?

Answer 14

1. Guidance for Federal LE Agencies from DOJ (2014) . Adopted by CBP and DHS
2. DHS Commitment to Nondiscriminatory Law Enforcement/Screening activities (2013)

Question 15

The term _____ refers to the consideration and use of race, ethnicity, gender, national origin, religion, sexual orientation, or gender identity in making law enforcement decisions

Answer 15

Racial profiling

Question 16

What is the exclusionary rule supposed to deter? And what is it exactly?

Answer 16

• Police misconduct
• when officers perform searches and seizures that do not follow the rules of the 4th amendment, courts may exclude the evidence that is discovered as a result of the search and seizure from a criminal trial.