Home/ Questions/Q 17555
Next
In Process

Quizzma Latest Questions

In:

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?

Quizzma Team

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial? A. The due process rights of the Fifth Amendment require that the evidence be reviewed by the prosecution before being admitted as evidence in court. B. The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect. C. Since the evidence obtained suggests illegal activity, the evidence may be used against the defendant in a criminal trial. D. If the case is in the state court system, the evidence can be used against the defendant.




AP Government
Share
    Leave an answer

    Leave an answer

    Browse

    2 Answers

    1. Quizzma Team

      The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.

    3. Anonymous

      B. The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.
      The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures by the government. The exclusionary rule is a legal principle that generally prevents the use of evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial.
      Since the question states that the evidence was obtained through a warrantless search of the woman’s home by the police, it would likely be considered an unreasonable search and seizure under the Fourth Amendment. Therefore, the exclusionary rule would apply, and the evidence obtained from the illegal search would be inadmissible in a criminal trial against the defendant.
      The other options are incorrect because the due process rights of the Fifth Amendment (option A) are not directly relevant to the admissibility of evidence obtained through an illegal search, the mere existence of evidence suggesting illegal activity does not override the exclusionary rule (option C), and the exclusionary rule applies to both state and federal courts (option D).

    Related Questions