Term
| The primary purpose of the Exclusionary Rule, according to the text (casebook), is to ____________________. |
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Definition
| Deter unlawful police conduct |
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Term
| Which BEST describes evidence gained by illegal police conduct? |
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Definition
| Fruit of the Poisonous Tree |
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Term
| Who bears the burden of proving evidence was obtained illegally? |
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Definition
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Term
| The Exclusionary Rule not only applies to illegally obtained evidence itself, but also to what? |
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Definition
| Other incriminating evidence derived from the primary evidence |
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Term
| The two common types of physical evidence that are usually suppressed as "fruits of the poisonous tree" are what? |
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Definition
| Contraband and Instrumentalities |
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Term
| The types of identification evidence that are usually suppressed as "fruits of the poisonous tree" are what? |
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Definition
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Fingerprints
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Handwriting samples
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Mug shots
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Blood tests
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Hair samples
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Term
| Confessions / Admissions, and Witness testimony are examples of what kind of evidence? |
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Definition
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Term
| What is the primary drive behind the Exclusionary Rule? |
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Definition
| Render evidence, obtained illegally, inadmissible in criminal proceedings |
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Term
| Independent Source, Attenuation, and Inevitable Discovery are examples of what? |
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Definition
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Term
| Demonstrating that evidence acquired by exploitation of an illegal search would have been obtained by legal means is known as what? |
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Definition
| Inevitable Discovery Rule |
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Term
| The existence of evidence which was not illegally seized and which in fact provided an independent source for the discovery of the challenged evidence is known as what? |
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Definition
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Term
| Showing that the casual connection between the lawless conduct of police and the discovery of the challenged evidence has "become so attenuated as to dissipate the taint" is known as what? |
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Definition
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Term
| In 1984, the Supreme Court adopted what to the exclusionary rule? |
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Definition
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Term
| True/False: If an officer has a search warrant, his reliance on that warrant may still be found to be unreasonable. |
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Definition
| True, if the issuing judge was misled by information |
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Term
| According to the text (casebook), most cases that address the Good Faith Exception discuss the issue of what? |
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Definition
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Term
| According to the Fourth Amendment exclusionary rule, evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees is not required to be what in court? |
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Definition
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Term
| Define the Exclusionary Rule. |
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Definition
| A judically created remedy which results in the suppression of evidence which has been derived from an illegal search or seizure. |
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Term
| True/False: The Exclusionary Rule is primarily designed to deter unlawful police conduct. |
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Definition
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Term
| True/False: The Exclusionary Rule not only applies to illegally obtained evidence itself, but also to other incriminating evidence derived from the primary evidence |
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Definition
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Term
| What phrase is used to describe evidence gained by illegal police conduct? |
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Definition
| "Fruit of the poisonous tree" |
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Term
| Name the 2 types of Physical evidence commonly suppressed as "fruit of the poisonous tree". |
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Definition
- Contraband
- Instrumentalities
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Term
| Name at least 3 of the 5 types of Identification evidence commonly suppressed as "fruits of the poisonous tree". |
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Definition
- Fingerprints
- Handwriting samples
- Mug shots
- Blood tests
- Hair samples
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Term
| Name at least 1 of the 2 types of Verbal evidence commonly suppressed as "fruits of the poisonous tree". |
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Definition
- Confessions/Admissions
- Testimony of Witnesses
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Term
| The primary thrust of the exclusionary rule is to render inadmissible in criminal proceedings, ____________. |
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Definition
| Evidence that was illegally seized |
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Term
| Name the 3 Government Defenses to the Exclusionary Rule and give a brief description of each. |
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Definition
- Independent Source - the existence of evidence which was not illegally seized and in fact provided an independent source for the discovery of the challenged evidence
- Inevitable Discovery - allows prosecution to show that challenged evidence would have been discovered by legal means
- Attenuation - attempt to show the connection between unlawful police conduct and challenged evidence has "become so attenuated as to dissipate the taint"
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Term
| What did the Supreme Court adopt in 1984 to the exclusionary rule? |
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Definition
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Term
| Most cases that address the Good Faith Exception discuss what issue? |
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Definition
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Term
| True/False: The 4th Amendment exclusionary rule does require suppression of evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees. |
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Definition
| False. The 4th Amendment exclusionary rule does not require suppression of evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees. |
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Term
| Name at lease 2 of the 4 proceedings in which the exclusionary rule may only apply in part or not at all. |
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Definition
- Grand Jury proceedings
- Civil proceedings
- Parole and Probation Revocation
- Sentencing
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Term
| Give at least 2 reasons why an officer's reliance on the warrant may be found unreasonable, even if there is a search warrant. |
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Definition
- The issuing judge was misled by information in an affidavit
- The issuing judge wholly abandoned his judicial role and acted as an "adjunct law enforcement officer"
- The affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable
- The affidavit was so "facially deficient" that it could not reasonably be presumed to be valid
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Term
| True/False: It is important that officers understand the exclusionary rule, its purpose, and its application in order to ensure that any evidence seized will be admissible in court. |
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Definition
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