LEGAL ASPECTS FINAL EXAM LATEST 2023 -2024 REAL
EXAM 200+ QUESTIONS AND CORRECT
ANSWERS(100%VERIFIED ANSWERS )|AGRADE
What avenue remains open for a defendant to invoke the exclusionary rule if a motion to exclude evidence fails on appeal? - ANSWER- habeas corpus proceeding
For what reason does the exclusionary rule not apply to a parole revocation hearing? - ANSWER- A parole revocation hearing is not a criminal trial.
One argument in support of the exclusionary rule is that the rule ____. - ANSWER- results in the freeing of the guilty in only a relatively small proportion of cases
One argument against the exclusionary rule is that the rule _____. - ANSWER- is only used in the United States
As an alternative to the exclusionary rule, what does the British system say about illegally obtained evidence? - ANSWER- The evidence is admissible, but the police officer is subject to departmental discipline.
What is the general consensus about the future of the exclusionary rule? - ANSWER- The rule is here to stay.
The significance of the 1914 Supreme Court ruling in Weeks v. United States is that it marked the _____. - ANSWER- first application of the exclusionary rule in a federal prosecution
Before the U.S. Supreme Court decision that applied the exclusionary rule to state criminal prosecutions, the use of the rule was _____. - ANSWER- left to the discretion of the states
Among the exceptions to the exclusionary rule is the _____. - ANSWER- independent source exception
- / 3
As a result of recent Supreme Court decisions, the application of the exclusionary rule in criminal proceedings has _____. - ANSWER- narrowed
The reason why the exclusionary rule does not apply to grand jury proceedings is because application of the rule would _____. - ANSWER- interfere with the grand jury's investigative functions
In what situation does stale information become a problem for determining probable cause? - ANSWER- in search and seizure cases
One reason why a police officer should obtain a warrant prior to an arrest is that it _____. - ANSWER- may provide a defense in a civil suit against the officer
The U.S. Supreme Court uses the test of _____ to measure probable cause. - ANSWER- reasonableness
What level of proof does a police officer need to legally stop and search a suspect?
- ANSWER- reasonable suspicion
Which case decided by the U.S. Supreme Court established a two-pronged test for determining the reliability evidence provided by an informant when assessing probable cause? - ANSWER- Aguilar v. Texas
Which constitutional amendment provides the foundation for requiring probable cause in police work? - ANSWER- Fourth Amendment
Which type of court reviews, and possibly reverses, a lower court's finding of probable cause? - ANSWER- appellate court
From a legal perspective, which level of proof has the lowest degree of certainty? - ANSWER- reasonable doubt
One way a police officer can supplement information that is too weak to establish probable cause is to conduct a(n) ____. - ANSWER- corroborative investigation
What level of proof is required for a search warrant? - ANSWER- probable cause
The U.S. Supreme Court has held that appeals of warrantless searches and seizures require what type of review? - ANSWER- de novo
- / 3
What standard does an appellate court apply when determining reasonable suspicion? - ANSWER- totality of the circumstances
Compared with reasonable suspicion, probable cause requires a(n) _____. - ANSWER- higher degree of certainty
When seeking an arrest warrant, a police officer may decline to reveal the _____ to a magistrate. - ANSWER- identity of an informant
In Michigan v. Summers, the Court stated "The general rule is that every arrest, every search and seizure is unreasonable unless it is supported by _____." - ANSWER- probable cause
In everyday police practice, probable cause generally requires what level of certainty? - ANSWER- more than 50%
The U.S. Supreme Court has said that, in establishing probable cause, an officer may rely on _____. - ANSWER- experience
The U.S. Supreme Court established which of the following in Illinois v. Gates (1983)? - ANSWER- the totality of the circumstances test
Which source of information do appellate courts deem more reliable when reviewing a determination of probable cause? - ANSWER- observations made other police officers
In search and seizures, what is a chief concern in determining probable cause? - ANSWER- The items to be seized can be found in the place to be searched.
In the arrest of a suspect, whether that suspect _____ is a chief concern in determining probable cause. - ANSWER- committed the offense
To whom does the term "man of reasonable caution" apply? - ANSWER- teacher
One factor that a police officer may consider as a foundation for probable cause in the arrest of a suspect is the _____. - ANSWER- prior criminal record of the suspect
- / 3