Ch. 10 The Exclusionary Rule (Q2)

Question 1

This rule mandates courts to ban the introduction of “good” evidence obtained by “bad” law enforcement methods.

Answer 1

What is the exclusionary rule?

Question 2

Evidence that proves defendants committed the crimes they’re being charged with committing.

Answer 2

What is probative evidence?

Question 3

Another term for probative evidence is { } evidence.

Answer 3

Good

Question 4

What are the 5 constitutional rights that “bad methods” violate?

Answer 4

1) 4th Amendment ban on unreasonable searches and seizures
2) 5th Amendment ban on coerced incriminating statements
3) 6th Amendment right to counsel
4) 5th & 14th Amendment due process for ID procedures

Question 5

This 1914 case created the exclusionary rule.

Answer 5

What is Weeks v. U.S.?

Question 6

Who did the exclusionary rule apply to in Weeks v. U.S.?

Answer 6

Federal LEOs ONLY

Question 7

This 1949 case held that the 4th Amendment, but NOT the exclusionary rule, could be applied to state proceedings, but states could decide the remedy for themselves.

Answer 7

What is Wolf v. Colorado?

Question 8

This 1961 case held that the exclusionary rule could be applied to state criminal proceedings.

Answer 8

What is Mapp v. Ohio?

Question 9

This 1984 case held that the exclusionary rule is not a constitutional right but a device used to protect constitutional rights.

Answer 9

What is U.S. v. Leon?

Question 10

What are the 3 justifications for the exclusionary rule?

Answer 10

1) Constitutional rights
2) Judicial integrity
3) Deterrence

Question 11

This justification for the exclusionary rule states that there’s no “right” without remedy.

Answer 11

What is the constitutional right justification?

Question 12

This justification for the exclusionary rule states that the honor and honesty of the courts forbid them from participating in unconstitutional conduct.

Answer 12

What is the judicial integrity justification?

Question 13

This justification for the exclusionary rule states that it is a prophylactic rule, calculated to prevent, not to repair.

Answer 13

What is the deterrence justification?

Question 14

Why is the exclusionary rule referred to as a prophylactic rule?

Answer 14

It’s meant to prevent violations of constitutional rights

Question 15

What is the social cost of the exclusionary rule?

Answer 15

Freeing guilty people and undermining the prosecution’s evidence by keeping good/probative evidence out of the court

Question 16

Due to the social cost of the exclusionary rule, what types of cases would it be limited to (generally speaking)?

Answer 16

Cases the court believes are most likely to deter police misconduct

Question 17

This exception to the exclusionary rule states that illegally obtained evidence is admissible in all nontrial settings, which are proceedings not directly related to the prosecution’s case-in-chief at trial.

Answer 17

What is collateral use?

Question 18

This exception to the exclusionary rule states that the prosecution can use illegally obtained evidence to undermine (impeach) the defense witnesses’ (including the defendant’s) credibility.

Answer 18

What is cross-examination?

Question 19

This 1954 case dealt with the cross-examination exception to the exclusionary rule.

Answer 19

What is Walder v. U.S.?

Question 20

In Walder v. U.S., why was the illegally seized heroin used against Walder in the LEO’s (the one who seized it) testimony?

Answer 20

To impeach Walder’s testimony since he testified that he never purchased, sold, or used any narcotics

Question 21

This doctrine bans not only evidence illegally obtained directly but also evidence derived from it.

Answer 21

What is the Fruit of a Poisonous Tree Doctrine?

Question 22

Which 3 exceptions to the exclusionary rule apply to the fruit of a poisonous tree doctrine?

Answer 22

1) Attenuation
2) Independent source
3) Inevitable discovery

Question 23

What does the term attenuation mean?

Answer 23

Thinning or weakening

Question 24

This 1963 case dealt with the attenuation exception to the exclusionary rule.

Answer 24

What is Wong Sun v. U.S.?

Question 25

Why was Wong Sun’s unsigned statement/confession not considered the fruit of his unlawful arrest?

Answer 25

He was lawfully arraigned and released on his own recognizance. Then, he returned voluntarily several days later to give the statement

Question 26

Under the independent source exception to the exclusionary rule, when is tainted evidence considered admissible?

Answer 26

It’s admissible if officers get the same evidence in a totally separate lawful action

Question 27

This 1988 case dealt with the independent source exception to the exclusionary rule.

Answer 27

What is Murray v. U.S.?

Question 28

This exception to the exclusionary rule states that tainted evidence is admissible if the unconstitutional policing methods produced evidence that would have been discovered eventually anyway.

Answer 28

What is the inevitable discovery exception?

Question 29

This 1984 landmark case dealt with the inevitable discovery exception to the exclusionary rule.

Answer 29

What is Nix v. Williams?

Question 30

What was the issue in Nix v. Williams?

Answer 30

Williams was suspected of killing a young girl and was illegally interrogated, which prompted him to lead LE to the body. At the same time, a separate search party was looking near the same area some of her clothing was found and took a break 2.5 miles away from where the body was found

Question 31

This exception to the exclusionary rule permits the admission of evidence seized during searches of homes, even when LEOs have a valid search warrant but violate the “knock and announce” rule.

Answer 31

What is the knock-and-announce exception?

Question 32

This 2006 case dealt with the knock-and-announce exception to the exclusionary rule.

Answer 32

What is Hudson v. Michigan?

Question 33

What 3 interests are protected by the knock-and-announce rule?

Answer 33

1) Protection of human life and limb
2) Protection of property
3) Protection of elements of privacy & dignity destroyed by sudden entrance

Question 34

This exception to the exclusionary rule allows the government to use evidence obtained from searches based on unlawful search warrants if officers objectively and reasonably believed they were lawful.

Answer 34

What is the reasonable, good-faith exception?

Question 35

For unlawful search warrants to be covered by the good-faith exception to the exclusionary rule, LEOs must { } and { } believe their actions were lawful.

Answer 35

1) Objectively
2) Reasonably

Question 36

This 1984 landmark case dealt with the good-faith exception to the exclusionary rule.

Answer 36

What is U.S. v. Leon?

Question 37

According to U.S. v. Leon, when is suppression of evidence considered appropriate?

Answer 37

When it is reasonable to believe a warrant was improperly issued

Question 38

What is the standard of reasonableness according to U.S. v. Leon?

Answer 38

An objective one. In this case, the magistrate’s determination of probable cause

Question 39

Due to an un-updated database, this 2009 case expanded the good faith exception to judicial employees, such as clerks.

Answer 39

What is Herring v. U.S.?

Question 40

For what 3 reasons was the good-faith exception expanded to judicial employees?

Answer 40

1) Exclusionary rule originally crafted to curb only police misconduct
2) Court employees are unlikely to purposefully violate the 4th Amendment
3) No basis to believe the exclusionary rule will have any significant effect in deterring judicial errors

Question 41

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS’s commitment to the balancing test?

Answer 41

Good-faith exception

Question 42

What elements are being balanced with the good-faith exception to the exclusionary rule? Which element outweighs which?

Answer 42

Benefits of deterring police misconduct > social costs