Nuts and Bolts of Evidence 7

Instructions

Answer any 5 of the following questions. 

Define the exclusionary rule. What is its purpose? What is the “derivative evidence” rule? What is the good faith exception?

State four exceptions to the Constitutional requirement of obtaining a warrant for a search and seizure. Explain the rationale for each exception you select.?

1. What is the rationale for authorizing the seizure of objects from an impounded car? Explain your answer.
2. Define and explain plain view as an exception to the warrant requirement.
3. Why is a confession inadmissible if it is not freely and voluntarily given? Define free and voluntary and give case examples.
4. What degree of proof is required of the prosecution to show that a confession is voluntary? Discuss. What factors are considered?
5. The Supreme Court of the United States in recent years considered the Constitutionality of law enforcement’s placing global positioning system devices on automobiles and other conveyances to track criminal behavior. Describe the Supreme Court’s position on this practice. Do they find it constitutional or unconstitutional and why?
6. What are the warnings required by the United States Supreme Court as stated in Miranda v. Arizona? At what stage are the warnings required for a confession or admission to be admissible?
7. What provisions of the Bill of Rights protect a person’s right to counsel in criminal cases? At what point in the judicial process does the right to counsel attach? If a confession is obtained after counsel is requested by the accused, is it admissible evidence for any purpose?
8. Discuss and explain the rules relating to the right to have counsel present at a lineup.