Legal Aspects of Investigations Flashcards

The exclusionary rule in U.S. criminal law primarily serves to:

Answer: Prevent illegally obtained evidence from being used in court

The exclusionary rule prohibits the use of evidence obtained through unconstitutional government conduct, such as an illegal search or seizure.

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:

Answer: Evidence derived from an initial unlawful government action

The doctrine holds that evidence discovered as a direct result of an illegal search or arrest is also inadmissible, as it stems from the original violation.

Under the Fourth Amendment, a 'reasonable expectation of privacy' is LEAST likely to apply to:

Answer: Items left in plain view on a public sidewalk

The plain view doctrine holds that individuals have no reasonable expectation of privacy for items exposed to public observation, so law enforcement may seize them without a warrant.

A private investigator conducting surveillance on a subject walking in a public park is generally:

Answer: Legally permissible because there is no reasonable expectation of privacy in public

Because individuals in public spaces have no reasonable expectation of privacy, private investigators may conduct observations there without a warrant or court order.

The Miranda decision (Miranda v. Arizona) requires law enforcement to advise suspects of their rights:

Answer: Prior to custodial interrogation

Miranda warnings are constitutionally required only when a suspect is in custody and subject to interrogation, not during general questioning.

Which scenario would most likely constitute an unlawful 'seizure' under the Fourth Amendment?

Answer: A police officer detaining a person without reasonable suspicion

A seizure occurs when government actors restrain a person's freedom of movement; doing so without reasonable suspicion violates the Fourth Amendment.

The Fourteenth Amendment's due process clause is most relevant to investigators because it:

Answer: Requires state governments to honor federal constitutional rights

The Fourteenth Amendment incorporates most Bill of Rights protections, requiring state and local governments—not just the federal government—to respect constitutional rights.