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Question 1DC Criminal Law and Criminal Procedure

Which mental state elevates an intentional killing from second-degree murder to first-degree murder in the District of Columbia?

  1. Negligence so gross it shows wanton disregard
  2. Malice formed in the heat of passion
  3. Premeditation and deliberation Correct answer.
  4. Reckless indifference to an extreme risk to life

Explanation

In the District, first-degree murder requires a purposeful killing committed with deliberate and premeditated malice; premeditation and deliberation are what separate it from second-degree murder, which requires malice but no premeditation. Heat of passion negates malice and points instead to manslaughter.

Question 2DC Criminal Law and Criminal Procedure

Under D.C. Code § 22-404, which conduct may constitute simple assault?

  1. Only conduct that causes actual physical contact
  2. An accidental touching that causes no apprehension of harm
  3. A completed battery that leaves visible marks
  4. An attempted battery or a menacing threat Correct answer.

Explanation

D.C. Code § 22-404 makes it a misdemeanor to unlawfully assault another or to threaten another in a menacing manner, so an attempted battery and a menacing threat both qualify. No physical injury or completed contact is required.

Question 3DC Criminal Law and Criminal Procedure

Which element distinguishes carjacking from ordinary robbery in the District of Columbia?

  1. The value of the property taken must be more than $1,000
  2. A motor vehicle is taken from another's person or control Correct answer.
  3. The victim must suffer serious bodily injury during the taking
  4. The taking must occur at night from inside a dwelling

Explanation

Carjacking under D.C. Code § 22-2803 is committed by taking or attempting to take a motor vehicle from the person or control of another by force, violence, threat, or stealth. The distinguishing feature is the motor vehicle taken from another's person or control.

Question 4DC Criminal Law and Criminal Procedure

A person takes a neighbor's parked car for a two-hour joyride and abandons it, intending all along to return it. Which offense fits best under DC law?

  1. Carjacking, because a motor vehicle was taken from a person
  2. Unauthorized use of a vehicle Correct answer.
  3. Theft, because the owner later got the car back damaged
  4. Robbery, because the owner was deprived of the vehicle

Explanation

Unauthorized use of a vehicle under D.C. Code § 22-3215 covers taking or operating a vehicle without the owner's consent when there is no intent to permanently deprive. Because the taker intended to return the car, that offense rather than theft fits the facts.

Question 5DC Criminal Law and Criminal Procedure

A Terry investigative stop is lawful when the officer has:

  1. An experienced officer's unarticulated hunch
  2. Reasonable suspicion of criminal activity Correct answer.
  3. Probable cause to believe a felony occurred
  4. Consent given by the person who is stopped

Explanation

A Terry stop requires only reasonable suspicion, meaning a particularized and objective basis, viewed under the totality of the circumstances, for suspecting criminal activity. Probable cause is the higher standard needed for an arrest.

Question 6DC Criminal Law and Criminal Procedure

After a lawful custodial arrest of a pedestrian on the street, an officer may search incident to the arrest:

  1. Any closed container found anywhere in the vehicle
  2. The entire vehicle, including a locked trunk
  3. His person and the area within his immediate reach Correct answer.
  4. His residence, if the arrest occurred nearby

Explanation

A search incident to a lawful custodial arrest permits a search of the arrestee's person and the area within his immediate reach, where he might grab a weapon or destroy evidence. The doctrine does not extend to the whole vehicle, the trunk, or a residence.

Question 7DC Criminal Law and Criminal Procedure

In the District of Columbia, the age of consent for sexual activity is:

  1. 18 years old
  2. 15 years old
  3. 14 years old
  4. 16 years old Correct answer.

Explanation

D.C. Code § 22-3001 defines a child, for purposes of the sexual abuse offenses, as a person under 16 years of age, which makes 16 the age of consent in the District.

Question 8DC Criminal Law and Criminal Procedure

Which is required for the plain view doctrine to justify a warrantless seizure?

  1. The officer must hold a warrant for the place observed
  2. The item must be contraband and nothing else
  3. The owner must consent to the seizure of the item
  4. The officer must lawfully be where the item is seen Correct answer.

Explanation

The plain view doctrine permits a warrantless seizure when the officer is lawfully present at the vantage point, the incriminating character of the item is immediately apparent, and the officer has lawful access to it.

Question 9DC Criminal Law and Criminal Procedure

A man intentionally stabs and kills a stranger during an unprovoked argument, with no planning and no passion. In the District of Columbia, the killing is best classified as:

  1. First-degree murder, because the killing was intentional
  2. Second-degree murder Correct answer.
  3. Voluntary manslaughter, because nothing was planned
  4. Involuntary manslaughter, because there was no motive

Explanation

An intentional killing committed with malice but without premeditation or deliberation is second-degree murder, and malice may be inferred from the intentional use of a deadly weapon. First-degree murder requires the additional elements of premeditation and deliberation.

Question 10DC Criminal Law and Criminal Procedure

Which circumstance most supports reducing an intentional killing to voluntary manslaughter in the District of Columbia?

  1. The killer acted with malice but had no discernible motive
  2. The killer was grossly negligent while operating a car
  3. Heat of passion on adequate provocation Correct answer.
  4. The killer voluntarily drank alcohol before the offense

Explanation

Voluntary manslaughter is an intentional killing committed in the heat of passion upon adequate provocation, which negates malice. The provocation must be enough to make a reasonable person lose self-control, and there must be no cooling-off period.

Question 11DC Criminal Law and Criminal Procedure

In the District of Columbia, a claim of self-defense is unavailable to a defendant who:

  1. Retreated as far as he safely could before firing
  2. Used force against an intruder inside his own home
  3. Was reasonably mistaken about how much force was needed
  4. Provoked the conflict and remained the aggressor Correct answer.

Explanation

Self-defense requires that the defendant not be the initial aggressor and that he honestly and reasonably believe force is necessary to prevent imminent death or serious bodily harm. A defendant who provokes the conflict and continues as the aggressor loses the defense unless he withdraws.

Question 12DC Criminal Law and Criminal Procedure

For assault with a dangerous weapon under D.C. Code § 22-402, a dangerous weapon includes:

  1. Anything used in a way likely to cause serious injury Correct answer.
  2. Only weapons the statute specifically lists by name
  3. Any object, but only if it actually causes an injury
  4. Only firearms that are loaded and able to fire

Explanation

A dangerous weapon under § 22-402 is any object used in a manner likely to produce death or serious bodily injury, so ordinary objects can qualify depending on how they are used. The statute does not limit the category to firearms or to a fixed list.

Question 13DC Criminal Law and Criminal Procedure

A thief yanks a purse from a woman's hand and runs off; she is startled but not hurt. Under DC law this is:

  1. Theft, because the taking involved no real violence
  2. Assault with intent to rob, because she did not resist
  3. Burglary, because the taking occurred in a public place
  4. Robbery, because property was taken from her person by force Correct answer.

Explanation

DC's robbery statute reaches takings by force or violence, including sudden or stealthy snatching, or by putting the victim in fear. A purse snatching from the victim's hand is robbery even though she was not injured and did not resist.

Question 14DC Criminal Law and Criminal Procedure

Which is required for a burglary conviction in the District of Columbia?

  1. An intent to commit a crime at the moment of entry Correct answer.
  2. The structure entered must be a dwelling house
  3. Force or a breaking must be used to get inside
  4. The entry must occur during the nighttime hours

Explanation

Burglary in the District requires an unlawful entry or breaking and entering of a structure with the intent to commit a criminal offense at the time of entry. The intent must exist when the entry occurs.

Question 15DC Criminal Law and Criminal Procedure

In the District of Columbia, theft of property becomes a felony rather than a misdemeanor when its value is at least:

  1. $1,000 Correct answer.
  2. $500
  3. $5,000
  4. $250

Explanation

Under D.C. Code § 22-3211 and the related grading provisions, theft of property valued at $1,000 or more is a felony, while theft below that amount is a misdemeanor.

Question 16DC Criminal Law and Criminal Procedure

Which fact must the government prove to establish carrying a pistol without a license under D.C. Code § 22-4504?

  1. That the person had no license to carry the pistol Correct answer.
  2. That the pistol was loaded when the person was stopped
  3. That the pistol was hidden from ordinary observation
  4. That the person intended to use the pistol in a crime

Explanation

Carrying a pistol without a license requires proof that the person carried a pistol, openly or concealed, outside the home or place of business without a license. The offense does not require that the pistol be loaded, concealed, or used.

Question 17DC Criminal Law and Criminal Procedure

Miranda warnings are required when a person is subjected to:

  1. A traffic stop in which a citation is issued
  2. Booking questions about the person's name and address
  3. Any questioning by a police officer, at any time
  4. Custodial interrogation by law enforcement Correct answer.

Explanation

Miranda applies to custodial interrogation, which requires both custody or a significant deprivation of freedom and questioning by law enforcement. Both elements must be present before the warnings are required.

Question 18DC Criminal Law and Criminal Procedure

Officers have probable cause to believe a car parked on a public street contains cocaine. Which statement is correct?

  1. They may search only if the driver has been arrested
  2. They may search the car and containers that could hold drugs Correct answer.
  3. They must obtain a warrant unless the car is moving
  4. They may search the passenger compartment but not the trunk

Explanation

Under the automobile exception, probable cause to believe a vehicle contains contraband or evidence permits a warrantless search of the entire vehicle and of containers inside it that could hold the object of the search.

Question 19DC Criminal Law and Criminal Procedure

A driver consents to a search of 'just the trunk.' The officer finds nothing there and opens the glove box, where cocaine is found. The cocaine is:

  1. Inadmissible, because the consent did not reach the glove box Correct answer.
  2. Admissible, because the driver consented to a car search
  3. Inadmissible, because consent searches are never valid
  4. Admissible, because the trunk search produced nothing

Explanation

Consent to search is limited to the scope of what the person actually or apparently agreed to, measured by what a reasonable person would understand from the exchange. A search that exceeds the granted scope is unlawful and the evidence is suppressed.

Question 20DC Criminal Law and Criminal Procedure

A defendant has been formally charged and is in custody. Police place him in a lineup without counsel and without a valid waiver. The identification is:

  1. Inadmissible only if the lineup was unduly suggestive
  2. Inadmissible, because counsel was required at the lineup Correct answer.
  3. Admissible, because a lineup is not a critical stage
  4. Admissible, because the Sixth Amendment applies only at trial

Explanation

Once formal adversarial proceedings have begun, a corporeal lineup is a critical stage, so the accused has a Sixth Amendment right to counsel at the lineup unless he validly waives it. An identification obtained in violation of that right is generally excluded.

Question 21DC Criminal Law and Criminal Procedure

A DC resident records his own telephone call with a suspect without telling the suspect and without a warrant. Under DC law the recording is:

  1. Unlawful, because a warrant is needed to record a call
  2. Lawful, but only if the call concerned a felony
  3. Lawful, because he was a party to the call Correct answer.
  4. Unlawful, because DC requires all parties to consent

Explanation

The District's wiretap statute allows a person who is a party to a communication to record it without the other party's consent, making DC a one-party consent jurisdiction. Intercepting a conversation to which one is not a party, without consent or legal authority, remains unlawful.

Question 22DC Criminal Law and Criminal Procedure

For a DC court to detain a defendant before trial on grounds of dangerousness, the government must prove its case:

  1. By clear and convincing evidence at a detention hearing Correct answer.
  2. By substantial evidence presented to a grand jury
  3. Beyond a reasonable doubt at a preliminary hearing
  4. By a preponderance of the evidence at a preliminary hearing

Explanation

Preventive detention requires the government to show by clear and convincing evidence that no condition or combination of conditions will reasonably assure community safety. A probable cause finding or a preponderance standard is not enough to justify detention on dangerousness.

Question 23DC Criminal Law and Criminal Procedure

A defendant honestly but unreasonably believed the victim was about to kill him and shot the victim. In the District of Columbia, the conviction would be:

  1. First-degree murder, because he intended to kill
  2. Voluntary manslaughter, because malice was negated Correct answer.
  3. Involuntary manslaughter, because his belief was negligent
  4. Acquittal, because he honestly believed force was needed

Explanation

The District recognizes imperfect self-defense: an honest but unreasonable belief that deadly force is necessary negates malice and reduces an intentional killing to voluntary manslaughter. Because the belief was unreasonable, it mitigates rather than fully excuses the killing.

Question 24DC Criminal Law and Criminal Procedure

Under the DC Speedy Trial Act, a defendant held in custody pending trial must be brought to trial within how many days of arrest or first appearance, whichever is later?

  1. 90 days
  2. 70 days
  3. 100 days Correct answer.
  4. 45 days

Explanation

The District's speedy trial statute requires trial to begin within 100 days of arrest or the first appearance before a judicial officer, whichever is later, subject to periods that the statute excludes from the computation.

Question 25DC Criminal Law and Criminal Procedure

Evidence obtained in violation of the Fourth Amendment is generally:

  1. Admissible whenever officers did not intend to break the law
  2. Excluded from every stage, including sentencing and appeals
  3. Admissible because DC has never adopted the exclusionary rule
  4. Excluded from the case-in-chief but usable for impeachment Correct answer.

Explanation

The exclusionary rule bars the prosecution from using unconstitutionally obtained evidence in its case-in-chief, but the evidence may still be used to impeach a defendant who testifies inconsistently. That impeachment exception does not depend on the officer's subjective intent.

Question 26Arrest Powers, Search and Seizure, and Citizen's Arrest

A citizen's arrest is an arrest made by which of the following?

  1. A private person Correct answer.
  2. A sworn police officer
  3. A judge
  4. A prosecutor

Explanation

A citizen's arrest is made by a person who is not acting as a sworn law enforcement officer. The arrest power of private persons is narrower than that of police. Judges and prosecutors do not personally make arrests; they issue warrants or file charges.

Question 27Arrest Powers, Search and Seizure, and Citizen's Arrest

Under the traditional common law rule, a private citizen may arrest a person for a misdemeanor only if the misdemeanor is committed where?

  1. In a neighboring county
  2. In the citizen's presence Correct answer.
  3. With a signed arrest warrant
  4. During nighttime hours only

Explanation

At common law, a private citizen may arrest for a misdemeanor only when the offense is committed in the citizen's presence. This limits citizen arrests for minor offenses to conduct the citizen personally observes. A warrant is not required for a citizen's arrest.

Question 28Arrest Powers, Search and Seizure, and Citizen's Arrest

A security officer who is not a sworn special police officer generally has arrest authority equivalent to that of whom?

  1. A police detective
  2. A private citizen Correct answer.
  3. A magistrate
  4. A federal agent

Explanation

Unsworn security officers are private persons under the law. Their arrest authority is generally the same as any other private citizen's. Sworn special police officers may have additional powers while on duty.

Question 29Arrest Powers, Search and Seizure, and Citizen's Arrest

A warrantless search is generally lawful only when it falls within which of the following?

  1. A recognized exception Correct answer.
  2. A company policy
  3. A hunch
  4. A supervisor's written request

Explanation

The Fourth Amendment generally requires a warrant, but recognizes specific exceptions such as consent, search incident to arrest, and plain view. A supervisor's request or company policy does not by itself create a legal exception. A hunch never justifies a search.

Question 30Arrest Powers, Search and Seizure, and Citizen's Arrest

The Fourth Amendment primarily protects people against which of the following?

  1. Unreasonable searches Correct answer.
  2. Every workplace rule
  3. Most private lawsuits
  4. Routine verbal warnings

Explanation

The Fourth Amendment protects against unreasonable searches and seizures by government actors. It does not regulate all workplace rules or private civil disputes. Verbal warnings are not searches or seizures.

Question 31Arrest Powers, Search and Seizure, and Citizen's Arrest

Probable cause is best described as which of the following?

  1. A vague feeling of unease
  2. A rumor repeated by a coworker
  3. Reasonable grounds to believe a crime occurred Correct answer.
  4. A firm suspicion without any supporting facts

Explanation

Probable cause exists when facts and circumstances would lead a reasonable person to believe that an offense has occurred or that evidence is present. It requires more than a hunch or rumor. It is an objective standard based on facts.

Question 32Arrest Powers, Search and Seizure, and Citizen's Arrest

For the plain view doctrine to apply, the officer must be in which position when observing the item?

  1. Without any authority
  2. Inside a private home
  3. Acting on a hunch
  4. Lawfully positioned Correct answer.

Explanation

The plain view doctrine requires that the officer lawfully be where he or she is when the item is observed. The incriminating character of the item must also be immediately apparent. A hunch or unlawful entry does not satisfy the doctrine.

Question 33Arrest Powers, Search and Seizure, and Citizen's Arrest

A brief investigative detention based on reasonable suspicion is commonly called which of the following?

  1. A grand jury
  2. A Terry stop Correct answer.
  3. A citizen's arrest
  4. A bench trial

Explanation

A Terry stop is a brief detention based on reasonable suspicion that criminal activity may be occurring. It is less intrusive than an arrest. A citizen's arrest, bench trial, and grand jury are different legal concepts.

Question 34Arrest Powers, Search and Seizure, and Citizen's Arrest

A security officer approaches a person and asks if they will answer a few questions. The person is free to leave and no force is used. This interaction is best described as which of the following?

  1. A consensual encounter Correct answer.
  2. A search incident to arrest
  3. A citizen's arrest
  4. A Terry stop

Explanation

A consensual encounter occurs when a person remains free to leave and no force or show of authority restrains them. It does not require reasonable suspicion or probable cause. A Terry stop or arrest involves a seizure of the person.

Question 35Arrest Powers, Search and Seizure, and Citizen's Arrest

A search incident to a lawful arrest may generally cover which area?

  1. The arrestee's home office
  2. Any vehicle in the parking lot
  3. The person and immediate area Correct answer.
  4. The entire building

Explanation

A search incident to arrest is limited to the arrestee's person and the area within the arrestee's immediate control. Its purpose is to prevent destruction of evidence and access to weapons. It does not authorize a broad search of the building or distant vehicles.

Question 36Arrest Powers, Search and Seizure, and Citizen's Arrest

A person may consent to a search, but the consent must be which of the following?

  1. Voluntary Correct answer.
  2. Given in writing only
  3. Obtained by threat
  4. Approved by a manager

Explanation

Consent must be voluntary and not the product of coercion or threat. It may be given orally or in writing. A manager's approval is not a substitute for the person's voluntary consent.

Question 37Arrest Powers, Search and Seizure, and Citizen's Arrest

A protective frisk during a Terry stop is limited to a search for which of the following?

  1. Identity documents
  2. Contraband only
  3. Evidence of any crime
  4. Weapons Correct answer.

Explanation

A protective frisk is limited to a pat-down for weapons to ensure officer safety. It is not a full search for evidence or contraband. Identity documents are not the purpose of a frisk.

Question 38Arrest Powers, Search and Seizure, and Citizen's Arrest

During a consensual search of a backpack, the person says, "Stop, I withdraw my consent." What should the security officer do?

  1. Handcuff the person
  2. Search more quickly
  3. Continue until finished
  4. Stop the search Correct answer.

Explanation

Consent may be limited or withdrawn at any time. Once consent is withdrawn, the search must stop unless another legal basis exists. Continuing after withdrawal can make the search unlawful.

Question 39Arrest Powers, Search and Seizure, and Citizen's Arrest

A store security officer may detain a suspected shoplifter for a reasonable time and in a reasonable manner in order to do which of the following?

  1. Punish the suspect
  2. Collect a civil fine
  3. Investigate the theft Correct answer.
  4. Question about unrelated crimes

Explanation

The shopkeeper's privilege allows a reasonable detention to investigate a suspected theft and recover property. It does not authorize punishment or collection of fines. Questioning must stay related to the suspected theft.

Question 40Arrest Powers, Search and Seizure, and Citizen's Arrest

A private citizen making a lawful citizen's arrest may use force that is which of the following?

  1. Deadly force in all cases
  2. Unlimited
  3. Greater than the suspect's
  4. Reasonable force Correct answer.

Explanation

A private citizen may use only reasonable force necessary to make the arrest. Deadly force is generally limited to preventing imminent serious harm. Force cannot be unlimited or retaliatory.

Question 41Arrest Powers, Search and Seizure, and Citizen's Arrest

After making a citizen's arrest, the arresting person should generally do which of the following?

  1. Take the suspect to their home
  2. Hold the suspect for hours
  3. Release the suspect at once
  4. Deliver the person to police Correct answer.

Explanation

A person who makes a citizen's arrest should promptly deliver the arrested person to law enforcement. Holding someone for an extended period without police involvement can create liability. The arresting person should not take the suspect to a private location.

Question 42Arrest Powers, Search and Seizure, and Citizen's Arrest

A person who abandons property, such as leaving a bag in a public trash can, generally does which of the following?

  1. Must be given written notice
  2. Loses a reasonable expectation of privacy Correct answer.
  3. Retains full Fourth Amendment protection
  4. Can reclaim it without proof

Explanation

Abandoned property generally carries no reasonable expectation of privacy, so a search of it is not a Fourth Amendment violation. The person must have truly abandoned the property. Written notice is not required for abandonment.

Question 43Arrest Powers, Search and Seizure, and Citizen's Arrest

The area immediately surrounding a home, known as the curtilage, is treated how under the Fourth Amendment?

  1. As an open field
  2. As abandoned
  3. Like the home Correct answer.
  4. As public property

Explanation

Curtilage is the area closely associated with the home and is treated as part of the home for Fourth Amendment purposes. Open fields, by contrast, are not protected in the same way. Curtilage is not public property or abandoned property.

Question 44Arrest Powers, Search and Seizure, and Citizen's Arrest

Under the automobile exception, police may search a vehicle without a warrant when they have which of the following?

  1. Probable cause Correct answer.
  2. A company policy
  3. A request from the driver
  4. A suspicion of any violation

Explanation

The automobile exception permits a warrantless vehicle search when there is probable cause to believe contraband or evidence is inside. The vehicle's mobility and reduced privacy expectations support the exception. A mere suspicion or request is not enough.

Question 45Arrest Powers, Search and Seizure, and Citizen's Arrest

A privately employed security officer who is not acting as a government agent conducts a search. The Fourth Amendment exclusionary rule generally does which of the following?

  1. Makes the evidence inadmissible
  2. Requires a warrant
  3. Does not apply here Correct answer.
  4. Applies to all private searches

Explanation

The Fourth Amendment and its exclusionary rule regulate government action. A truly private search is generally not subject to the exclusionary rule. However, the officer may still face civil liability or employer discipline.

Question 46Arrest Powers, Search and Seizure, and Citizen's Arrest

An off-duty police officer working as a private security guard detains a person and conducts a search. A court will most likely treat the officer as a state actor if the officer does which of the following?

  1. Acts under police authority Correct answer.
  2. Wears only a company uniform
  3. Works without a badge
  4. Is paid by the employer

Explanation

State action exists when a person acts under government authority or with significant government involvement. An off-duty officer who uses police powers, equipment, or procedures may be treated as a state actor. Private pay or a company uniform alone does not determine state action.

Question 47Arrest Powers, Search and Seizure, and Citizen's Arrest

A security officer detains a suspected thief for 30 minutes, moves the person to a windowless room, and refuses to let the person leave after the investigation clears them. This detention most likely becomes which of the following?

  1. A Terry frisk
  2. A lawful citizen's arrest
  3. A false imprisonment Correct answer.
  4. A consensual encounter

Explanation

A detention becomes false imprisonment when it is unreasonable in time or manner and continues after the legal basis ends. Moving the person to a private room and refusing release after clearing them exceeds a lawful investigative detention. A consensual encounter requires that the person be free to leave.

Question 48Arrest Powers, Search and Seizure, and Citizen's Arrest

Under modern rules, a private citizen may use deadly force to stop a fleeing suspect only when which of the following applies?

  1. The suspect committed any felony
  2. Imminent threat of serious harm Correct answer.
  3. The suspect is faster than the citizen
  4. The citizen has a warrant

Explanation

Deadly force is generally permitted only to prevent imminent death or serious bodily harm. It cannot be used merely because a felony was committed or a suspect is fleeing. A citizen does not need a warrant, but warrants do not authorize deadly force.

Question 49Arrest Powers, Search and Seizure, and Citizen's Arrest

An employer consents to a search of an employee's locked desk. The employee has exclusive control of the desk and a reasonable expectation of privacy in it. The search is most likely which of the following?

  1. Unlawful without the employee's consent Correct answer.
  2. Lawful because employers always control desks
  3. Lawful because police requested it
  4. Lawful because locks remove privacy

Explanation

Third-party consent requires that the consenting person have common authority over the area. An employer generally cannot consent to a search of an area under an employee's exclusive control when the employee has a reasonable expectation of privacy. Another exception would be needed for the search to be lawful.

Question 50Arrest Powers, Search and Seizure, and Citizen's Arrest

A security officer acting as a government agent conducts a warrantless search that violates the Fourth Amendment. The exclusionary rule would most likely require which of the following?

  1. Automatic criminal charges against the officer
  2. Suppression of the evidence obtained Correct answer.
  3. Return of the evidence to the officer
  4. A written warning only

Explanation

The exclusionary rule generally bars the government from using evidence obtained through an unconstitutional search. It is a remedy in criminal proceedings, not a written warning. It does not automatically impose criminal charges on the officer.