CJ 485 Exam 3 UPDATED ACTUAL Questions and CORRECT Answers
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Course
CJ 485
Institution
CJ 485
CJ 485 Exam 3 UPDATED ACTUAL
Questions and CORRECT Answers
United States v. Leon - CORRECT ANSWER- Illegally obtained evidence may be used
in a trial if it was gathered in good faith without violating the principles of the Mapp decision
United States v. Leon
Good Faith Exception to the Excl...
CJ 485 Exam 3 UPDATED ACTUAL
Questions and CORRECT Answers
United States v. Leon - CORRECT ANSWER✔✔- Illegally obtained evidence may be used
in a trial if it was gathered in good faith without violating the principles of the Mapp decision
United States v. Leon
Good Faith Exception to the Exclusionary Rule - CORRECT ANSWER✔✔- Evidence
obtained by an INVALID warrant, lacking probable cause, may still be admitted IF:
1. Police had objective good faith reliance
2. On a search warrant (or it's computer representation)
3. Issued by a detached and neutral magistrate
a.) independent of law enforcement, and
b.) capable of determining
4. AND executed within the scope of the warrant's terms.
Franks v. Delaware (1978) - CORRECT ANSWER✔✔- Where a warrant affidavit contains a
statement, necessary to the finding of probable cause, that is demonstrated to be both false
and included by an affiant knowingly and intentionally, or with reckless disregard for the
truth, the warrant is not valid.
Franks v. Delaware Test
Motion to Traverse - CORRECT ANSWER✔✔- 1. To even get a hearing:
A) Defendant must make a "substantial preliminary showing" that "specific portions" of the
affidavit contain:
1) Deliberate Falsehoods (LIES) or
2) Statements made in "reckless disregard of the truth".
AND
, B) The deliberate falsehoods/reckless statements must be "material to probable cause", so if
deleted affidavit would not support probable cause.
Arizona v. Evans (1995) - Clerical Errors - CORRECT ANSWER✔✔- - guy pulled
over/license plate showed that guy had arrest warrant/guy steps out of car and joint falls
out/found more drugs in car (probable cause)
- they find out the warrant for his arrest wasn't real (clerk made mistake)
- quashed warrant: should have been revoked, computer had the wrong information, he
actually had paid his last ticket
- keep the evidence because police thought the warrant was real and this is extending good
faith
Knock and Announce Rule - CORRECT ANSWER✔✔- The requirement that the police
knock at the door and announce their identity, authority, and purpose before entering a
residence to execute an arrest or search warrant.
Knock & Announce DEPTH Pt. 1
Reasonableness in Execution of Warrants - CORRECT ANSWER✔✔- 1. Wilson v. Arkansas
(1995)
The Common Law rule that police officers must first knock and announce their presence
BEFORE ENTRY is now part of the 4A reasonableness.
2. Richards v. Wisconsin (1997)
A) there is NO 'PER SE' or absolute exception to the knock and announce requirement for
executing search warrants on drug dealers' homes.
B) Police CAN forgo Knock & Announce when they have reasonable suspicion of:
1.) Threat of Physical Violence.
2.) Destruction of Evidence
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