PCI Legal Aspects of Investigations 2 — Questions and Answers
Question 1: The exclusionary rule in U.S. criminal law primarily serves to:
- Exclude witnesses with prior convictions from testifying
- Prevent illegally obtained evidence from being used in court (Correct answer)
- Bar hearsay statements from trial
- Remove biased jurors from the jury pool
Correct 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.
Question 2: The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:
- Any evidence touching on environmental crimes
- Evidence derived from an initial unlawful government action (Correct answer)
- Testimony given under coercion in a foreign country
- Physical evidence damaged during collection
Correct 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.
Question 3: Under the Fourth Amendment, a 'reasonable expectation of privacy' is LEAST likely to apply to:
- Contents of a sealed personal letter
- Items left in plain view on a public sidewalk (Correct answer)
- Records stored on a personal encrypted hard drive
- Conversations held in a private residence
Correct 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.
Question 4: A private investigator conducting surveillance on a subject walking in a public park is generally:
- Required to obtain a court order before observing the subject
- Legally permissible because there is no reasonable expectation of privacy in public (Correct answer)
- Subject to Fourth Amendment restrictions identical to those of law enforcement
- Prohibited unless the client is a licensed attorney
Correct 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.
Question 5: The Miranda decision (Miranda v. Arizona) requires law enforcement to advise suspects of their rights:
- Any time police speak with a member of the public
- Only when a formal arrest warrant has been issued
- Prior to custodial interrogation (Correct answer)
- Before conducting a routine traffic stop
Correct 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.
Question 6: Which scenario would most likely constitute an unlawful 'seizure' under the Fourth Amendment?
- An officer observing a subject from a public street
- A detective photographing a vehicle parked in a driveway
- A police officer detaining a person without reasonable suspicion (Correct answer)
- A private investigator following a subject on a public road
Correct 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.
Question 7: The Fourteenth Amendment's due process clause is most relevant to investigators because it:
- Grants investigators the power to subpoena records in civil cases
- Requires state governments to honor federal constitutional rights (Correct answer)
- Allows investigators to carry firearms across state lines
- Mandates that all evidence be tested in an accredited laboratory
Correct 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.
PCI Legal Aspects of Investigations 2
The exclusionary rule in U.S. criminal law primarily serves to: