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Exclusionary Rule Questions

What is a Exclusionary Rule?

A exclusionary rule is a legal principle in the United States, which says that evidence that is illegally obtained by infringing on a person’s constitutional rights cannot be used in a criminal trial against that person. The purpose of the rule is to discourage authorities from gathering evidence through illegal means by conducting excessive searches. There are exceptions to the Exclusionary Rule and lack of awareness of the provisions of the law could lead to questions with regard to one’s rights. Listed below are a few key questions answered by Experts.

What are the exceptions to the Exclusionary Rule?

There could be various exceptions to the exclusionary rule. One main exception is to allow evidence obtained in a case where the investigating police officer believed that he had a valid search warrant only to later find out that the warrant was null and void. This is also known as the good-faith exception to the exclusionary rule. Another example of an exception is where certain facts can prove that the police would have finally discovered the evidence then it would still be allowed in a trial. This is also known as the inevitable discovery exception.

What are Exclusionary Rule pros and cons?

There are multiple pros of the Exclusionary Rule for citizens such as ensuring that trial proceedings for defendants are fair. The exclusionary rule also helps keep a check on police misconduct and guards a citizen’s basic right to privacy especially in cases where there seem to be no likely grounds for gathering evidence or conducting a search. The disadvantage of the rule is that it can often be misused by defendants as a legal technicality and hence does not address the issue of the crime.

Does the Exclusionary Rule apply to evidence obtained when a person or vehicle has been searched multiple times during a single stop in Arkansas?

In the state of Arkansas, by law there is no limit on how many times a person or vehicle can be searched in a stop. However since the Fourth Amendment has provided a citizen the right against excessive searches this would be more a question of how much searching is too much. In such a scenario, a court would have to review the case and if it decides that there were unwarranted searches then the evidence obtained would be subject to the Exclusionary Rule.

What does the term ‘fruit of the poisonous tree” mean in relation to the Exclusionary Rule?

Under the Exclusionary Rule, any evidence that has been uncovered through illegal means cannot be included in a criminal trial against the defendant. Hence in case of an unlawful interrogation (referred to as poisonous tree), which produces certain evidence (the fruit) then both the investigation and the evidence must be omitted. Thus the evidence that is excluded is termed as the fruit of the poisonous tree.

Can evidence, which was omitted under the Exclusionary Rule in a criminal case, be later used against the defendant in a civil hearing?

Since there are two separate cases involved i.e., a criminal case and a civil case, the decision on allowing the evidence would purely depend on the review of the trial judge in each case. Just because the judge in the criminal case omitted the evidence under the Exclusionary Rule does not mean that the evidence has to be excluded in the following civil case. The trial judge in the civil case will make a separate decision on whether or not to allow the evidence. The purpose of the Exclusionary Rule is to protect a citizen’s constitutional rights and avoid abuse of power by the authorities. However when faced with a criminal case, a person may not be sure whether their rights were violated or not. In such a scenario, it is always preferable to get Experts to evaluate the case and answer any questions that may arise.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Recent Exclusionary Rule Questions

  • If im sitting in my car on my brake from work, and two undercovers

    If im sitting in my car on my brake from work, and two undercovers drive by and stop. They get out of there car and walk towards mine, and ask me what im doing. I reply im on my 10 min brake from work. One officer says looks like you could of been stealing the car, thats why we stoped.
    After knowing i wasnt stealling the car. They asked me to step out of my car started searching me and the car. I told them that im not on probation or parole whats the reason for the search. My question is can they search me or car if not on parole or probation
  • 1.) The __________ of 1965 remains the most important voter

    1.) The __________ of 1965 remains the most important voter legislation ever enacted by Congress.
    a.) Franchise Act
    b.) Voting Rights Act
    c.) Grandfather Clause
    d.) Dissenting Authority Act
    2.) Brown v. Board of Education involved which of the following?
    a.) Integrated athletic programs in the Deep South
    b.) The Separate v. Equal doctrine
    c.) Integration of the New Orleans school system
    d.) The constitutionality of segregated school systems
    3.) Which of the following was one of the first cases in which the Supreme Court recognized the power of the states to regulate local aspects of interstate commerce?
    a.) Cooley v. The Board of Wardens
    b.) Southern Pacific Company v. Arizona
    c.) Cohens v. Virginia
    d.) McCulloch v. Maryland
    4.) United States v. Carolene Products Co. involved which of the following?
    a.) A milk product
    b.) A textile product
    c.) An automotive product
    d.) A petroleum product
    5.) Which of the following was a case involving internal security?
    a.) Texas v. Johnson
    b.) United States v. O'Brien
    c.) Brandenburg v. Ohio
    d.) Ashcroft v. Free Speech Coalition
    6.) Which of the following is a constitutionally protected fundamental right?
    a.) Public education
    b.) Welfare
    c.) Free health care
    d.) Interstate travel
    7.) An appeal from a decision by a U.S. District Court in California is typically heard by the U.S. Court of Appeals for the __________.
    a.) Ninth Circuit
    b.) First Circuit
    c.) Third Circuit
    d.) Federal Circuit
    8.) Which of the following justices introduced the "fire in a crowded theater" doctrine in the Schenck case?
    a.) Oliver Wendell Holmes, Jr.
    b.) Felix Frankfurter
    c.) John Marshall
    d.) Clarence Thomas
    9.) Which of the following cases declared for the first time a personal constitutional right of firearm possession, particularly in the context of self-defense?
    a.) Griswold v. Connecticut
    b.) District of Columbia v. Heller
    c.) Powell v. Alabama
    d.) McDonald v. City of Chicago
    10.) A Supreme Court decision that primarily affects the judiciary:
    a.) may be appealed to the President.
    b.) must be appealed within ten days.
    c.) may be appealed to the attorney general.
    d.) cannot be appealed.
    11.) Munn v. Illinois involved which of the following?
    a.) Butchers
    b.) Grain warehouses
    c.) Hotel workers
    d.) Bakery employees
    12.) Which of the following is the lawyer who represents the United States in cases that go before the Supreme Court?
    a.) The head of the Department of Justice
    b.) A lawyer in private practice appointed by the President
    c.) The attorney general
    d.) The solicitor general
    13.) What was the focus of Missouri v. Holland?
    a.) Migratory birds
    b.) Railroads
    c.) The National Highway
    d.) River transportation
    14.) The fundamental threshold question that must be addressed in any lawsuit is that of __________.
    a.) attainder
    b.) habeas corpus
    c.) justiciability
    d.) jurisdiction
    15.) Which case applied the exclusionary rule to the states and helped put the Supreme Court in charge of standards for daily police work?
    a.) Atwater v. City of Lago Vista
    b.) District of Columbia v. Heller
    c.) Virginia v. Black
    d.) Mapp v. Ohio
    16.) The case of Charles River Bridge v. Warren Bridge rejected constitutional protection for which of the following?
    a.) Implied contracts
    b.) Expired contracts
    c.) Oral agreements
    d.) Binding law
    17.) After determining that a real case or controversy exists, a federal court must ascertain whether the parties to the litigation have __________.
    a.) jurisdiction
    b.) a cause of action
    c.) standing
    d.) an injunction
    18.) Which of the following cases involved the constitutionality of imposing a 10% federal tax on the net income of anyone employing child labor, regardless of how many children they employed?
    a.) United States v. Virginia
    b.) Everson v. Board of Education
    c.) Bailey v. Drexel Furniture Co.
    d.) Guinn v. United States
    19.) James Madison was an advocate of which of the following?
    a.) Separation of powers
    b.) Establishment of a monarchy
    c.) An income tax
    d.) A weak Constitution and strong states' rights
    20.) When does right to counsel apply?
    a.) Upon taking a suspect into custody
    b.) At the commencement of formal judicial proceedings
    c.) During a search of a home under a warrant
    d.) At the request of a suspect during a police interrogation
    21.) Does America need an exclusionary rule to deter police misconduct? Explain and support your opinion. Include pertinent legal cases and how they have affected the exclusionary rule. (200 Words).
    22.) What is federalism, and what objections and concerns were expressed when it was first proposed? Which constitutional amendment originated because of federalism, and what did that amendment provide? Do not just recite the relevant amendment; analyze and discuss it. (200 Words).
    23.) Should federal and state governments provide financial aid to religious schools? Why, or why not? Support your answer with a discussion of relevant case law.
  • In Maslows hierarchy of needs the most basic need is for:

    In Maslow's hierarchy of needs the most basic need is for:



    A. material possessions.


    B. security.


    C. acceptance.


    D. food, clothing, and shelter.
    Reset Selection

    Question 2 of 20 5.0 Points
    The principle upon which a probable cause assessment is made is called:



    A. the Brandeis theory.


    B. hearsay evidence.


    C. a totality of the circumstances.


    D. All of the above
    Reset Selection

    Question 3 of 20 5.0 Points
    The continuum of police/citizen contacts has __________ points between the two extremes.



    A. eight


    B. twelve


    C. twenty-four


    D. an infinite number of
    Reset Selection

    Question 4 of 20 5.0 Points
    According to the text, the essence of being an American to many means the right to:



    A. pursue unlimited financial wealth.


    B. be left alone by the government.


    C. travel freely to any other country.


    D. answer only to oneself.
    Reset Selection

    Question 5 of 20 5.0 Points
    A stop and frisk situation:



    A. requires probable cause.


    B. is limited by the Fourth Amendment.


    C. cannot produce admissible evidence.


    D. All of the above
    Reset Selection

    Question 6 of 20 5.0 Points
    Acceptable sources of probable cause could include all EXCEPT:



    A. what a government agent sees.


    B. what a government agent smells.


    C. what a government agent experiences in a dream.


    D. what a reliable informant tells a government agent.
    Reset Selection

    Question 7 of 20 5.0 Points
    Probable cause is:



    A. weaker than reasonable suspicion.


    B. crucial to understanding when police may act.


    C. simply defined.


    D. All of the above
    Reset Selection

    Question 8 of 20 5.0 Points
    The Fourth Amendment has continued to evolve:



    A. substantively.


    B. procedurally.


    C. constitutionally.


    D. All of the above
    Reset Selection

    Question 9 of 20 5.0 Points
    One way courts have determined reasonableness is the bright line approach, which:



    A. considers the totality of circumstances in each individual case.


    B. assigns points to each indicia of reasonableness.


    C. compares a case to other similar cases.


    D. considers a specific rule that applies to all cases.
    Reset Selection

    Question 10 of 20 5.0 Points
    What is required for a stop?



    A. Reasonable suspicion


    B. Probable cause


    C. A warrant


    D. Both probable cause AND a warrant
    Reset Selection

    Question 11 of 20 5.0 Points
    The exclusionary rule is:



    A. the most frequently used means to address constitutional infractions by the government in criminal cases.


    B. among the most controversial and passionately debated rules of law governing our criminal justice system.


    C. firmly established, having its roots in Boyd v. United States (1886).


    D. All of the above
    Reset Selection

    Question 12 of 20 5.0 Points
    Which of the following is true?



    A. Presence at a crime scene may contribute to probable cause.


    B. Presence in a high-crime area may contribute to probable cause.


    C. Both a and b are true.


    D. Neither a nor b is true.
    Reset Selection

    Question 13 of 20 5.0 Points
    The exclusionary rule was established at the federal level in:



    A. Terry v. Ohio.


    B. Wolf v. Colorado.


    C. Mapp v. Ohio.


    D. Weeks v. United States.
    Reset Selection

    Question 14 of 20 5.0 Points
    Which of the following terms would help define the term reasonable?



    A. Sensible


    B. Rational


    C. Justifiable


    D. All of the above
    Reset Selection

    Question 15 of 20 5.0 Points
    The first case to devise a two-pronged test to determine an informant's reliability was:



    A. Spinelli v. United States.


    B. Illinois v. Gates.


    C. Aguilar v. Texas.


    D. Draper v. United States.
    Reset Selection

    Question 16 of 20 5.0 Points
    All warrants are to be based on:



    A. a preponderance of the evidence.


    B. reasonable suspicion.


    C. proof beyond a reasonable doubt.


    D. probable cause.
    Reset Selection

    Question 17 of 20 5.0 Points
    Who is typically regulated by the Fourth Amendment?



    A. Average American citizens


    B. Private security officers


    C. Government agents


    D. All of the above
    Reset Selection

    Question 18 of 20 5.0 Points
    Unreasonable searches and seizures are forbidden by:



    A. the Fourth Amendment.


    B. the exclusionary rule.


    C. the Magna Carta.


    D. All of the above
    Reset Selection

    Question 19 of 20 5.0 Points
    Once signed by a judge, a warrant becomes:



    A. an order for the police to carry out.


    B. automatically void if not carried out within 72 hours.


    C. reasonable.


    D. All of the above
    Reset Selection

    Question 20 of 20 5.0 Points
    A stop is:



    A. the same as an arrest.


    B. allowed only when probable cause exists.


    C. not the same thing as an arrest.


    D. Both a and b
    Reset Selection

    Question 1 of 20 5.0 Points
    Deadly force can be used only when:



    A. the offense involved is a Class I felony.


    B. the reason is self-defense or protecting the lives of others.


    C. authorized by a supervisor.


    D. All of the above
    Reset Selection

    Question 2 of 20 5.0 Points
    Roadblocks have been found to be constitutional if their purpose is to check for:



    A. drugs.


    B. drivers under the influence of alcohol.


    C. Both a and b


    D. Neither a nor b
    Reset Selection

    Question 3 of 20 5.0 Points
    In United States v. Sharpe the Court ruled that a stop:



    A. has no rigid time limit.


    B. can be no longer than 5 minutes.


    C. can be no longer than 10 minutes.


    D. can be no longer than 20 minutes.
    Reset Selection

    Question 4 of 20 5.0 Points
    Officers can usually make a lawful arrest:



    A. for any crime committed in their presence.


    B. for any felony if they have probable cause.


    C. with an arrest warrant.


    D. All of the above
    Reset Selection

    Question 5 of 20 5.0 Points
    A Terry stop requires:



    A. reasonable suspicion.


    B. informational probable cause.


    C. observational probable cause.


    D. All of the above
    Reset Selection

    Question 6 of 20 5.0 Points
    Some states allow officers to arrest on a misdemeanor not committed in their presence in the case of:



    A. domestic assault.


    B. DUI.


    C. shoplifting.


    D. All of the above
    Reset Selection

    Question 7 of 20 5.0 Points
    In Ohio v. Wireman (1993), the Court ruled that __________ is/are all an officer requires to make a reasonable stop of a motorist to investigate a traffic violation.



    A. probable cause


    B. specific, articulable facts


    C. Both a and b


    D. Neither a nor b
    Reset Selection

    Question 8 of 20 5.0 Points
    Who has complete immunity from arrest?



    A. families of foreign diplomats


    B. servants of foreign diplomats


    C. Both a and b


    D. Neither a nor b
    Reset Selection

    Question 9 of 20 5.0 Points
    If police officers make a stop for a traffic violation and are reasonably suspicious that the situation is dangerous, they:



    A. can order driver and passenger(s) out of the car, but not frisk them.


    B. cannot order driver or passenger(s) out of the car or frisk them.


    C. can order driver and passenger(s) out of the car and frisk them.


    D. can order driver and passenger(s) out of the car; can frisk driver, but not passengers.
    Reset Selection

    Question 10 of 20 5.0 Points
    The middle ground between a stop and an arrest is called:



    A. an augmented stop.


    B. a subarrest.


    C. detention tantamount to arrest.


    D. None of the above
    Reset Selection

    Question 11 of 20 5.0 Points
    A search incident to lawful arrest:



    A. requires a warrant.


    B. must be limited to only the body of the person under arrest.


    C. may be conducted without a warrant.


    D. Both a and b
    Reset Selection

    Question 12 of 20 5.0 Points
    Searches with a warrant:



    A. are presumed to be unreasonable.


    B. must be executed within 36 hours to be valid.


    C. are presumed to be reasonable.


    D. are considered justified beyond a reasonable doubt.
    Reset Selection

    Question 13 of 20 5.0 Points
    Plain view evidence is admissible in court:



    A. if it was unconcealed.


    B. if officers saw it while engaged in a lawful activity.


    C. even if it was seen without a warrant.


    D. All of the above
    Reset Selection

    Question 14 of 20 5.0 Points
    Routine searches at our national borders require:



    A. reasonable suspicion.


    B. consent.


    C. Both a and b


    D. Neither a nor b
    Reset Selection

    Question 15 of 20 5.0 Points
    Electronic surveillance:



    A. is governed by the Fourth Amendment.


    B. never requires a warrant.


    C. produces no intrusion on one's reasonable expectations of privacy.


    D. All of the above
    Reset Selection

    Question 16 of 20 5.0 Points
    The law of stop and frisk:



    A. is governed by the Fourth Amendment.


    B. is authorized by the circumstances of an investigative stop.


    C. involves only a limited pat down of the outer clothing.


    D. All of the above
    Reset Selection

    Question 17 of 20 5.0 Points
    Exigent circumstances include all except:



    A. driving while intoxicated.


    B. a person fleeing upon seeing an officer approach.


    C. hot pursuit.


    D. danger of destruction of evidence.
    Reset Selection

    Question 18 of 20 5.0 Points
    The purpose of an inventory search of a person who is being jailed is to:



    A. discover evidence of a crime.


    B. protect officers and other prisoners.


    C. Both a and b


    D. Neither a nor b
    Reset Selection

    Question 19 of 20 5.0 Points
    Curtilage is:



    A. another term for exigent circumstances.


    B. abandoned property.


    C. a term used to describe property generally associated with the common use of land.


    D. Latin for "reasonable expectation of privacy."
    Reset Selection

    Question 20 of 20 5.0 Points
    An administrative warrant is:



    A. no different than a criminal warrant.


    B. used by government agents to conduct routine inspections when the property owner refuses entry.


    C. more difficult to obtain than other warrants.


    D. valid for only 72 hours.
    Reset Selection
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