Arrest Search and Seizure / Constitutional Law Flashcards
What is the supreme law of the land?
Constitutional Law
What are the three sources of law?
Constitutional Law, Statutory Law, Common Law
What are the two types of law?
Substantive Law, Procedural Law
____ law defines the rights and duties of citizens
Substantive
____ law specifies the method whereby substantive law is enforced
Procedural
The statutes concerning issuance, execution, and return of search warrants are examples of _____ laws
Procedural
The U.S. Constitution is divided into ____ major articles
7
__________ establishes the structure and functions of Congress.
Article 1
Article VI contains the ______ ______ which says that the Constitution, laws, and treaties of the United States are the Supreme Law of the land
Supremacy Clause
Article ____ establishes the executive branch of government and provides that the executive powers are vested in the President.
2
Article _____ vests the judicial powers of the United States in the Supreme Court of the United States and in any inferior courts established by Congress.
3
Article _____ contains the requirements for the original ratification of the Constitution.
7
Article _____ defines the duties that states owe each other.
4
Article _____ provides the procedures to amend the Constitution.
5
The Constitution grants _____ procedural safeguards to persons accused of crimes.
4
The latin phrase meaning, “Have the body”
Habeas Corpus
A _____ is an order of a court commanding a government official to perform an act
writ
The ______________ requires the custodian to bring the prisoner before a judge for a determination upon the legality of the detention
Writ of Habeas Corpus
Article ____ Section ____ requires that all criminal cases except impeachment be tried by a jury
3, 2
A special act of legislature inflicting punishment on a person without a conviction through judicial proceedings
Bills of Attainder
______________ are illegal because they attempt to make certain conduct illegal after the fact.
Ex post facto laws
The first ten amendments to the Constitution.
Bill of Rights
Gradually, through the _____________ of the 14th Amendment, the U.S. Supreme Court applied most of the safeguards in the Bill of Rights to the states.
Due Process Clause
Without the ______ Amendment due process and equal protection clauses, the U.S. Supreme Court would not review state decisions on search and seizure, self-incrimination, and the right to counsel.
Fourteenth Amendment
What Amendment establishes the freedom of religion, speech, press, assembly, and petition.
First Amendment
What two clauses can prevent the federal government from establishing a national church, or from intruding on personal religious beliefs.
Establishment clause, Free exercise clause
What are the examples of reasonable government, “time, place, and manner” regulation of speech?
Certain activities involved with anti-abortion protests.
Offensive or indecent speech on a public medium such as radio.
What types of speech have no First Amendment protection?
Obscenity
Fighting Words
Threats
Incendiary Speech
A depiction of sexual conduct that taken as a whole, by the average person, applying contemporary community standards, appeals to the prurient interest in sex, portrays sex in a patently offensive way, and does not have serious literary, artistic, political, or scientific value.
Obscenity
Words addressed to an ordinary citizen which are intended and are likely to incite immediate physical retaliation.
Fighting Words
Because of the nature of the job, law enforcement officers are expected to endure greater verbal abuse than the _____ ______.
Ordinary Citizen
Utterances calculated to intimidate that provide no social benefit.
Threats
______ speech advocates the imminent violent use of force against the government.
Incendiary
The press has no more right of access to information than the ______ _______
Individual Citizen
The ____ Amendment protects the right to peaceably assemble and petition the government for a redress of grievances.
First
The _____ Amendment states that Congress shall not infringe on the right of the people to keep and bear arms
Second
The Second Amendment was intended to protect the _____ right to possess personal firearms for lawful purposes.
Individuals
What Amendment prohibits unreasonable searches or seizures by the government?
Fourth Amendment
What Amendment prevents the quartering of troops in private homes without legally approved procedures.
Third Amendment
The ______ rule makes any evidence obtained by the government through an illegal search and seizure inadmissible in court.
Exclusionary
There is no protection against double jeopardy in a ____ action.
Civil
What provision protects an individual against the hazards and pressures of repeated trials and possible conviction for the same offense?
Double Jeopardy
In a jury trial, when does jeopardy attach?
When the court impanels and swears in the jury
If the same conduct violates the laws of two States, or State and Federal Law, can each entity try and punish an individual for violation of its laws?
Yes
The right to _____ attaches when a person who is in custody is interrogated by law enforcement.
Silence
This provision preserves the common law rule that the State cannot compel a person to furnish statements against oneself.
Self-incrimination
In addition to the right not to speak, an accused has the right to the presence of _____ during custodial interrogation.
Counsel
The Fifth Amendment due process clause applies only to _________ and not ___________
The Federal Government
The States
A system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society.
Due Process
What Amendment grants the right to a speedy and public trial and information about the nature and cause of the accusation, to confront the witnesses against him, to compulsory process for obtaining witnesses in his favor, and to the assistance of counsel for his defense.
The Sixth Amendment
When does the right to a speedy trial attach?
After formal charging
True or False:
There is no right to radio and television coverage of a trial.
True
What Amendment preserves the right of trial by jury in civil cases?
Seventh
What Amendment protects people from excessive bail, excessive fines, and cruel and unusual punishment?
Eighth
What Amendment provides additional rights including the right of privacy in marriage, the right of interstate travel, and the right to participate in political activities?
Ninth
The __________ is used to protect the rights of citizens against infringement by the states.
Due Process Clause
The ____ Amendment reserves the powers not granted to the United States government to the states or the people
Tenth
_____ due process guarantees that the government will not take a person’s life, liberty, or property interest without notice and meaningful opportunity to be heard.
Procedural
_____ due process guarantees that the notice, hearing, and result is fair.
Substantive
The ____ Amendment provides that:
“No state . . . shall . . . deprive any person of life, liberty, or property, without due process of law . . . .”
Fourteenth
In the context of interrogation law, the _____ Amendment forbids law enforcement officers from using physical coercion to extract a statement.
Fourteenth
It is also a due process violation for officers to make promises which they _____ _____ in an effort to obtain a statement.
Cannot Keep
Due process requires certain basic guarantees of a fair trial such as _________, ___________, and the right to be free from the use of _______ seized evidence and _____ obtained confessions.
A right to counsel
A right to a speedy and public trial
unlawfully
A defendant may be entitled to ____ ____ by entering a guilty plea to obtain a less severe sentence.
Plea Bargain
The geographical area in which a law enforcement officer is empowered to act.
Territorial Jurisdiction
____ officers may arrest anywhere in the state.
Statewide
_____ and _____ may arrest within the county, on county property outside the county, and anywhere in the state for felony committed in the county
Sheriffs
Deputies
_____ may arrest in the city in which they serve, in the area within one mile of the city limits, and on city property outside the city.
City Police Officers
____ employed by county or city ABC boards may arrest anywhere in the county in which they are employed.
ABC Officers
_____ may arrest on property owned or possessed and controlled by their employer.
Company Police Officers
What is the territorial jurisdiction of campus police officers?
The property owned or leased by the educational institution.
The portions of public roads passing through or immediately adjoining their property.
If an offender has committed any criminal offense for which the officer can arrest within his or her jurisdiction, the officer ____ pursue the offender anywhere in North Carolina and make the arrest
Can
True or False:
During continuous and immediate pursuit, the officer has to keep the offender in sight at all times.
False
When can officers pursue and arrest outside North Carolina?
In Georgia, Virginia, South Carolina or Tennessee
For a suspected felony committed in North Carolina
True or False:
A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer’s territorial jurisdiction is authorized to investigate and seek evidence of the driver’s impairment anywhere in-state or out-of-state, and to make arrests at any place in the state.
True
__________ refers to the types of crimes for which officers are authorized to arrest.
Subject Matter
Several statutes authorize the head of one law enforcement agency to provide temporary assistance to another agency upon its written requires. If this assistance includes officers working temporarily with the other agency, the officers have the jurisdiction and authority of both the requesting agency and their own agency.
Mutual Aid Agreement
North Carolina law enforcement officers may arrest a person who flees to North Carolina after the person has committed a misdemeanor or felony in another state if the officers obtain a _____________ for the person’s arrest from a North Carolina judicial official.
Fugitive Warrant
True or False
Officers may arrest without a fugitive warrant if the person has been charged in the other state with any crime punishable by more than one year imprisonment.
True
The principle of international law by which certain foreign government officials are not subject to the jurisdiction of the local courts and authorities
Diplomatic Immunity
A person has been _____ when, under the circumstances, a reasonable person in his position would not feel free to walk or drive away from the law enforcement officer.
Seized
True or False
A person is seized at the point that he submits to an officer’s command to stop or when he is stopped—physically restrained—by an officer.
True
The chase of a suspect is not a seizure until the suspect _____; thus, any property thrown away by the suspect during the chase is admissible in court even if the officer had no reason to chase in the first place.
Stops
Once a suspect stops running in response to a police order to halt, then there is a seizure at that moment and there must be at least ______ _______ to justify the stop.
Reasonable Suspicion
______ ______ is needed for an arrest. Only ______ ______ is needed for a temporary detention.
Probable Cause
Reasonable Suspicion
An _____ takes place when a person’s freedom of movement has been significantly deprived.
Arrest
Contact short of a seizure where no justification for the police action is required.
Voluntary Contact
When an officer begins to investigate a crime, the encounter with the citizen can become more invasive, such that a _____ _____ in the suspects position would not feel free to leave or terminate the encounter with the police.
Reasonable Person
An officer’s level of _____ determines the extent to which she can intrude on the right of a person to move about freely.
Suspicion
True or False
Officers need suspicion to approach people in public and talk to them.
False. Officers can make voluntary contact with anyone.
Officers need _____ _____ to detain a person, that is, to forcibly restrain a person while the officer investigates possible criminal activity.
Reasonable Suspicion
During _____ _____ officers must limit their actions toward the citizen to avoid creating a seizure.
Voluntary Encounters
Voluntary contact is useful in conducting a _____ _____ interview with a suspect.
Non-custodial
What court case held that, “Street encounters between citizens and police officers are incredibly rich in diversity. They range from wholly friendly exchanges of pleasantries or mutually useful information to hostile confrontations of armed men involving arrests, injuries, or loss of life . . . Encounters are initiated by the police for a wide variety of purposes, some of which are wholly unrelated to a desire to prosecute for crime
Terry v. Ohio (1968)
In _____ __ _____, the Supreme court stated that, “Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.”
Florida v. Rayer (1983)
True or False
When an officer makes voluntary contact with a citizen, the officer can compel cooperation.
False
When does a seizure take place?
When a law enforcement officer applies physical force to a suspect
When a law enforcement officer issues a show of authority (commands to stop, activates blue lights, and the suspect submits to this show of authority)
If an officer seizes a suspect, the officer must meet the legal requirements of the _____ Amendment in order for the seizure to be lawful.
Fourth
All the factors present in the particular case
Totality of the circumstances
The purpose of the _____ _____ is to determine whether there is probable cause to believe that a crime has been committed and the suspect has probably committed the crime.
Investigative Stop
The investigative stop is commonly called a _____ _____
Terry Stop
What is the legal standard for investigative stops?
Reasonable Suspicion
The court case of _____ __ _____ established that when an officer develops reasonable suspicion to believe criminal activity is afoot, he can conduct a brief investigative stop.
Terry v. Ohio (1968)
_____ _____ is a “minimal level of objective justification”—more than a hunch, but less than probable cause.
Reasonable Suspicion
Even though an investigative stop is a type of seizure, the length of an detention should be limited to that time which is _____ _____ to determine if probable cause exists.
Reasonably Necessary
_____ minutes has been used as a general rule to govern the length of an investigative stop.
Twenty
An officer may normally question the suspect during a routine investigative stop without the need for the reading of _____ _____. However the suspect does not have to answer those questions.
Miranda Warnings
During the investigative stop, if an officer can articulate that his safety is in jeopardy and the suspect may be armed, he may _____ the suspect.
Frisk
An ____ is a more intrusive seizure on a citizen’s liberty than an investigative stop; therefore, more proof is required for justification.
Arrest
Unlike an investigative stop, an officer may not interrogate a suspect without reading _____ and obtaining a valid waiver.
Miranda
What is the legal standard for making an arrest?
Probable Cause
The degree of certainty that corresponds to probable cause is _____ _____.
Fair probability
When can a citizen detain an offender?
A felony
An offense involving the breach of peace
An offense involving physical injury to another
An offense involving theft or destruction of property
A citizen may use _____ _____ to detain the offender.
Reasonable Force
North Carolina law allows a _____ _____ to assist law enforcement officers in making arrests and preventing escapes from arrest, when requested by a law enforcement officer.
Private Citizen
True or False
If a citizen chooses to assist a law enforcement officer, that citizen has the same power as the officers to arrest and prevent escape.
True
True or False
The state automated electronic repository applies to arrest warrants and search warrants.
False (does not apply to search warrants)
If a warrant exists only in paper form (is not in the electronic repository), it must be returned after ____ days if not served.
180
True or False
Failure to return an arrest warrant does not invalidate the warrant nor does it invalidate service or execution made after 180 days.
True
If a warrant exists in electronic form and a copy printed from electronic repository is not served within 24 hours, what must the officer do?
Record the lack of service in the repository and all copies must be destroyed.
True or False
An officer who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession may arrest the person named therein at any time.
True
When can an officer make a warrantless arrest?
When a suspect commits a crime in the officer’s presence.
What must an officer do upon making an arrest?
Identify himself as an officer
Inform the suspect he is under arrest
As soon as possible, inform the suspect of the cause for arrest
A _____ _____ charges a crime and orders the accused to appear in court on a designated time and date to answer to the charges against him.
Criminal Summons
Can a law enforcement officer make an arrest for a criminal summons?
No
A document that charges a person with a criminal offense and is only issued if the Magistrate determines that probable cause exists to believe that a criminal offense was committed, and that the defendant committed that offense.
Magistrate’s Order
A _________________ in paper form may be converted to a magistrate’s order when an officer decides to arrest a person instead of charging the person by using a _____
Uniform Traffic Citation
Citation
Process issued by a judicial official that orders a law enforcement to take a named person into custody.
Order for Arrest
A directive issued by a law enforcement officer, that a person appear in court and answer a misdemeanor or infraction charge or charges.
Citation
Officers usually appear in person before a _____ to present under oath the facts which justify the issuance of the warrant or other process charging a criminal offense or offenses.
Magistrate
The facts presented to the magistrate must support every _____ of the criminal offense for which the process is issued.
Element
The magistrate’s role is to make an independent judgment as to whether _____ _____ exists to issue the warrant or other process, not to just issue it because an officer is requesting that it be done.
Probable Cause
Without _____ or ____________, the arresting officer must: have an arrest warrant in her possession and probable cause to believe the defendant is inside.
Consent
Exigent Circumstances
A copy of the warrantor order will be sufficient only if the _____ _____ or order is in the possession of a member of a law enforcement agency located in the county where the officer is employed and the officer verifies with the agency that the warrant is current and valid.
Original Warrant
The officer must give, or make a reasonable effort to give, notice of his authority and purpose to an occupant of the premises to be entered.
Such notice need not be given only when the officer has reasonable cause to believe that the giving of such notice would present a ___________________.
Clear danger to human life
If an officer has a printed warrant or order for arrest from the electronic repository (NCAWARE), a ____ copy, or a _____ copy from the Clerk of Court, then the process is valid as the original.
Faxed
Certified
Under North Carolina law, officers must _____ and _____ even though there is reason to believe that doing so will increase the chance of evidence being destroyed.
Knock and Announce
_____________ means that before entering, the officer must state in a voice loud enough to be heard inside the house, “Police, open up, search (or arrest) warrant.” The officer may forcibly enter if entry is unreasonably delayed or denied.
Notice of Identity
When an officer wishes to enter the home of a third party to make an arrest, absent consent or exigent circumstances, the officer must have a _____ _____ (to protect the privacy interests of the third party) in addition to an arrest warrant (to allow the arrest of the suspect within residence of the third party).
Search Warrant
When officers want to enter the defendant’s or a third party’s home to arrest the defendant, they may not need an arrest or search warrant if they receive _____ to enter from someone who has the authority to give it.
Consent
If officers want to enter the defendant’s home, they normally may receive consent from the defendant’s spouse, mother, father, adult sibling, or live-in friend or any other person who has _____ _____ interests in the defendant’s home.
Equal Privacy
When _____ _____ exist to make an arrest, officers may enter the defendant’s or third party’s home or other place of residence even though they do not have an arrest warrant, search warrant, or consent.
Exigent Circumstances
The term “exigent circumstances” is not easily described, it generally means that officers need to act ______.
Immediately
During the procedures following arrest, _____ is reasonable to conduct interviews, certain identification procedures, searches, intoxilyzer and sobriety tests, and other procedures incident to arrest.
Delay
The officer must, without ____________, allow defendant to communicate with lawyer, family, and friends.
Unnecessary Delay
An officer who takes a juvenile who is alleged to be undisciplined or delinquent into custody without a court order must notify the juvenile’s _____, _____, or _____ that the juvenile has been taken into temporary custody and advise them of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody.
Parent
Guardian
Custodian
If a minor is taken into custody, the officer or officer’s supervisor must notify a parent or guardian in writing that the minor is in custody within ___ hours of the minor’s arrest.
24
An officer who charges a minor with a criminal offense must notify the minor’s parent or guardian of the charge, as soon as practicable, in _____ or by _____.
Person
Telephone
The United States Supreme Court has defined _____________ as follows:
Whether at the moment the arrest was made, the facts and circumstances within [the officer’s] knowledge and of which [the officer] had reasonably trustworthy information were sufficient to warrant a prudent [person] in believing that the [defendant] had committed or was committing an offense.
Probable Cause to Arrest
After a juvenile is arrested or charged with a crime, notification to the parents is not needed if the juvenile is _____.
Emancipated
When a law enforcement officer arrests an adult who is supervising minor children who are present at the time of the arrest, the minor children must be placed with a _____ _____ approved by the parent or guardian of the minor children.
Responsible Adult
Anyone who is not a U.S citizen who is on U.S. land
Foreign National
It is mandatory that some countries’ _____ be notified when one of their nationals is arrested or detained, regardless of the foreign national’s wish.
Consulates
When a foreign national is arrested or detained, The State Department normally expects notification within _____ hours. The foreign national is to be advised that his consulate will be notified and confirmed when it has been.
24
If a deaf person is arrested for an alleged violation of a law or local ordinance, the arresting officer shall immediately procure a _____ _____ from a qualified court for any interrogation, warning, notification of rights, arraignment, bail hearing, or other preliminary proceeding
Qualified Interpreter
Failing to provide discovery can jeopardize the case, and even result in _____ _____ against the violating party, to include the officer.
Criminal Penalties
The use of force is a _____ under the Fourth Amendment, and thus, must be reasonable.
Seizure
When can an officer use non-deadly force?
Prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense;
Defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to arrest or while preventing or attempting to prevent an escape.
The overriding test for all use of force, whether deadly or not, is whether the use of force was _____ _____ under the circumstances and at the time the force was used.
Objectively Reasonable
When determining objective reasonable, the court must look at what a reasonably well-trained police officer ____ have done.
Could
G.S. ______ defines the legal authority for the use of force in North Carolina.
15A-401(d)
The use of deadly force must be “_____ _____” under the circumstances.
Reasonably Necessary
An officer’s belief that deadly force is “reasonably necessary” must be based on facts and circumstances which reasonably appear to present an _____ threat of death or serious bodily injury to the officer or to a third party.
Imminent
The apparent threat of death or serious bodily injury must be immediate, not _____, and must call for immediate action to prevent life-threatening injury.
Remote
If a _____ and _____ alternative to deadly force exists, and such alternative will prevent the life-threatening injury, officers must not use deadly force.
Realistic
Effective
An _____ threat of serious physical harm may be created by an armed suspect trying to escape by threatening the use of a dangerous weapon, or by an unarmed but aggressive and strong suspect who is overpowering an officer and trying to get the officer’s handgun.
Imminent
An officer attempting to make an arrest does not have to _____ when the suspect is threatening to use deadly force.
Retreat
What four situations is deadly force authorized?
(1) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
(2) To prevent the escape of a suspect from custody who he reasonably believes is attempting to escape by using a deadly weapon.
(3) To effect an arrest or prevent an escape from custody of a person who, by his conduct or any other means, indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay.
(4) To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
The U. S. Supreme Court reinforced the prohibition against using deadly force to arrest fleeing felons in the absence of a deadly threat in _____ when it decided the case of ____________
1985
Tennessee v. Garner
The U. S. Supreme Court ruled that the use of deadly force to prevent the escape of a suspected criminal is _____ if the suspect appears to be neither armed nor dangerous.
Unconstitutional
The safest and clearest authority for the use of deadly force is in _______________.
Defense of self or others
G.S. 15A-401 also authorizes an officer to use deadly force to prevent the escape of a suspect who is attempting to escape by __________________.
Means of a deadly weapon.
The Fourth Amendment protects a citizen from _____ _____ when the citizen has a reasonable expectation of privacy in the area or thing searched or seized.
Government Interference
True or False
The Fourth Amendment does not apply to a private person’s actions searching or seizing another’s property
True
A _____ occurs when an officer intrudes into a place where the citizen has a reasonable expectation of privacy.
Search
The determination of whether a warrantless search is justified is made using a _____ _____—weighing the individual’s right to be free and left alone, against the law enforcement officer’s need to protect the public, investigate a crime, or enforce the law
Balancing Approach
If the person has no______________ in the place or person searched, then the rules of the Fourth Amendment do not apply, and the suspect will not be able to argue a Fourth Amendment violation in court.
Reasonable Expectation of Privacy
When something has been placed out in the open, abandoned, or left in _____ _____, the courts have generally found that there is no objectively reasonable expectation of privacy in those circumstances, even if the suspect in his own mind has a subjective expectation of privacy.
Plain View
People have a reasonable expectation of privacy for their home and the _____ of the home, or area immediately surrounding the home.
Curtilage
True or False
Structures such as an unattached garage or a storage shed are generally considered part of the curtilage.
True
True or False
Areas outside of the curtilage, such as open fields where crops are being cultivated, are not protected by the Fourth Amendment even though the fields are owned by the homeowner.
True
The presence of “______________” will not affect the admissibility of evidence seized from an open field in plain view.
No Trespassing Signs
Property in which a person has intentionally relinquished any interest
Abandoned Property
If a person has relinquished his rights to a piece of property, he _____ later assert that there was any legitimate expectation of privacy in that abandoned property.
Cannot
If real property has been rented, can the owner consent to a search of a rented room or building?
No
Personal property, which is voluntarily discarded, is considered _____.
Abandoned
Once a person places garbage outside the curtilage for collection, the homeowner or renter loses his ______________ in the garbage and it can be searched by the police without a search warrant.
Expectation of Privacy
If a person places garbage inside the curtilage for collection, what conditions can the garbage be searched without a warrant?
(1) The regular garbage collector picks up the garbage on the regular collection day.
(2) It is picked up in the usual manner, at the usual time
(3) The garbage is searched by law enforcement officers after it has been removed from the premises.
Officers who wish to recover garbage should stress to the collector that the garbage must be kept _____ from the other collected trash.
Separate
What are the three basic requirements for a legitimate plain view seizure?
(1) The officers are lawfully in a position from which they view an object.
(2) The incriminating character of the object is immediately apparent (i.e., they have probable cause).
(3) The officers have a lawful right of access to the object.
What is knowingly exposed to public sight, hearing, or smell lacks _____ _____.
Constitutional Protection
Does the plain view rule authorize a warrantless entry into private premises?
No
True or False
If an officer’s entry into a private place is lawful, he or she may lawfully seize illegal items in plain sight, even if the items seized are not related to the reason for the entry.
True
In _____ __ _____ the court held that if officers are conducting a lawful frisk for weapons and feel an object which is probably contraband, officers may seize the object even though they do not believe it is a weapon.
Minnesota v. Dickerson (1993)
The plain view doctrine also applies to _____ and _____.
Smell
Touch
If a car is in a public place, and the officer sees an object that is evidence of a crime, the officer may seize the object _____ a search warrant
Without
In Minnesota v. Dickerson (1993), the United States Supreme Court created the plain ____ and the plain ____ exception to the Fourth Amendment’s warrant requirement
Feel
Touch
In reference to the plain feel and plain touch exceptions, the critical inquiry is whether at the time the officer felt the object it was “_____ _____” that it was contraband.
Immediately Apparent
Plain view observations can sometimes be enhanced with the assistance of _____ _____.
Special Devices
True or False
A plain view observation can be enhanced with a sophisticated high-power telescope to look into someones home.
False
In U.S. v. Kyllo, the court ruled that obtaining information by _____ _____ technology regarding the home’s interior that could not otherwise have been obtained without physical “intrusion into a constitutionally protected area” is a search (at least where the technology in question is not in general public use).
Sense-enhancing
True or False
Police canines can be used in public places, such as airports or to walk around a car, without violating the Fourth Amendment.
True
A canine “_____” is not a search under the Fourth Amendment, since persons have no expectation of privacy in the air around their car or luggage.
Sniff
A canine may not enter a _____ place unless the officer controlling the canine has the right to enter
Private
A person may waive his _____ Amendment right to privacy if he voluntarily consents to a law enforcement officer’s entry into a protected place or examination of an object.
Fourth
Consent searches involve officers intruding into places where a citizen has a _____________________. However, with consent, officers do not need probable cause or a warrant to conduct the search.
Reasonable expectation of privacy
Only a person who has _____ _____ to control a given area can give an officer consent to search that area.
Apparent Authority
True or False
When two people with an equal expectation of privacy in a home are present and one objects, the objection of one party overrides the consent of the other, and the search cannot be conducted as a consent search.
True
If a party objects to a consent search, does this have an impact on whether or not law enforcement can enter the premises under other legal authority such as exigent circumstances or to execute a search warrant?
No. Officers can still enter the premises.
Can a spouse or roommate give consent to search the common areas within a home which she shares with another?
Yes
Can a spouse or roommate consent to a search of a particular place in which the other person has an exclusive privacy interest (such as a separate bedroom or office)?
No
Do parents generally have authority to consent to the search of a minor child’s bedroom?
Yes, but the older the child the less clear the parents authority
Do parents have the authority to give consent to search the personal belongings that are within that child’s room if the child has exclusive access and use of those items?
No
True or False
Officers who wish to search a bedroom used by an overnight guest, or a guest’s personal belongings such as a suitcase, must have consent of the guest, an emergency, or a search warrant before searching the bedroom or the belongings.
True
Can employers give consent to search their entire property?
Yes, except for areas where the employer has relinquished control such as a desk or locker set aside for the employees.
True or False
Employees may only give consent to search the work area if their authority extends to control over the property (for example, a store manager).
True
True or False
Officers can rely on the consent of a school principal to search a student’s locker
False. An administrator or principal can search the locker without a search warrant if there is reasonable suspicion to believe it contains illegal items. Law Enforcement officers are not “school officials.”
If the driver of a vehicle is not the registered owner and refuses consent to search, can the registered owner’s consent to search override the driver’s refusal?
Yes
True or False
If the driver and the owner are in the vehicle and the driver gives consent but the owner will not (or vice versa), you should follow the wishes of the owner because the owner’s expectation of privacy is greater than the driver.
True
If the driver is not the owner of the vehicle and gives consent to search, is the search lawful even though the owner is not present to give consent?
Yes
A valid consent to search must be _____.
Voluntary
Consent to search must be clearly _____.
Expressed
Courts will invalidate a “consent” that was obtained through _____ or _____.
Coercion
Duress
True or False
Consent to search may be valid even if officers tell a person that if he does not consent they will apply for a search warrant
True
True or False
Officers must tell the person of the right to refuse consent.
False. Officers don’t need to tell the person of the right to refuse but the person’s actual knowledge may later be a factor in determining whether the consent was voluntary.
True or False
A person giving consent may also limit that consent in any manner, including limiting the duration, location, and scope of the search.
True
When someone gives consent to search can they tell the officers to stop at any time?
Yes
In the event general consent is given – in other words, no specific scope of consent is established—then the scope of the search may extend to areas in which a _____ _____ would expect officers to search.
Reasonable Person
Does general consent to search a vehicle extend to dismantling of the vehicle?
No. Additional authority, such as specific consent or probable cause is needed.
True or False
A general consent search extends to conducting a strip search.
False
Officers may make a warrantless search when there are _____ _____.
Exigent Circumstances
Exigent circumstances exist when there is both __________ and _____________________
(a) Probable cause to search
(b) A likelihood that absent immediate action, officers could be endangered or evidence could be destroyed or removed from the jurisdiction.
Once the officers have entered a home and secured the area such that exigent circumstances no longer exist, they then must obtain a _____ _____.
Search Warrant
An officer may enter a home without a warrant when an officer reasonably believes that doing so is _____ _____ to save life, prevent serious bodily harm, or avert or control public catastrophe.
Urgently Necessary
What doctrine holds that if officers have probable cause to search a vehicle for evidence, and the vehicle is in a public place, the officers may seize and search the vehicle without a search warrant.
The Carroll Doctrine
If officers have probable cause to search a vehicle, can they search the containers located within the vehicle?
Yes. They can search the containers within the vehicle if it would be reasonable to find the object of the search in the container.
What Amendment applies the Constitution to the States?
Fourteenth
What is the rationale behind the Carroll Doctrine?
Reduced expectation of privacy within a vehicle, the inherent mobility of the vehicle, and the subsequent ease with which evidence could be destroyed.
True or False
Regardless of the offense leading to the arrest, officers have the automatic right to search the arrested person and her lungeable area incident to the arrest.
True
Does the automatic right to search the lungeable area extend to the interior of the vehicle?
No
The search incident to arrest must be accomplished in close proximity in _____ and _____ to the arrest.
Time
Place
True or False
The scope of the search incident to arrest is limited to the arrested person (but not body cavities), and the area and objects within the arrested person’s immediate control (“grab” or “lunge” area).
True
When officers arrest a person in his home, they may perform a “_____ _____” of the premises.
Protective Sweep
True or False
When officers are conducting a protective sweep of a residence, the sweep is only limited to areas from which an attack could be launched.
True
A protective sweep is authorized if the officers have an ________________ to believe that the place to be searched may harbor a dangerous person.
Articulable, Reasonable Suspicion
Who two circumstances can a vehicle be searched incident to arrest?
(1) When person is unsecured and within reaching distance of the passenger compartment at time of search.
(2) If officer reasonably believes there is evidence in the vehicle which is relevant to the crime being charged. This includes the interior of the vehicle and any unlocked or locked containers.
Once a suspect has been validly stopped, such as an investigative stop, an officer may _____ a person when he has an articulable reasonable suspicion the person may be armed and dangerous.
Frisk
A frisk is a limited __________ of outer clothing to determine whether the person has any weapons.
Pat-down
True or False
If the officer reasonably believes that he has felt a weapon during a frisk, the officer may reach into the suspect’s clothing or possessions and seize the object.
True
True or False
The authority to stop a subject automatically gives officers the authority to frisk.
False. The officer must articulate why the frisk was necessary, i.e., why she believed that the detained person was armed and dangerous.
Persons stopped on _____ _____ that they may have committed a violent crime, i.e., murder, kidnapping, robbery, serious assault, and drug sale, are presumed to pose a threat to officers and may be frisked with or without additional factors indicating that they may be armed and dangerous.
Reasonable Suspicion
During the frisk of a subject, if the officer feels an item that is _____ _____ to be contraband, the object may be seized even though the officer has no reason to believe it is a weapon.
Immediately Apparent
During a frisk, an officer may always ask for _____ to search is he is unaware of what he felt.
Consent
An officer may conduct a “_____ _____” or a “_____” of a building in conjunction with an arrest when the searching officer reasonably believes that potentially dangerous individuals may be hiding or present in the building.
Protective Sweep
Frisk
A protective sweep is NOT a search for ______.
Evidence
During a “____ ____,” officers may look for weapons in a vehicle when they have a reasonable suspicion that an occupant is armed and dangerous and may gain access to weapons.
Car Frisk
True or False
If officers have probable cause to believe there is evidence of crime in the vehicle, and the vehicle is located in a public place (including public vehicular area), they may search anywhere in the vehicle where the evidence could be located, including the trunk
True
Is a search warrant required to search a vehicle that is located within the curtilage of someones home?
Yes. With the exception of an emergency or consent.
True or False
Officers may order the driver and passengers either to remain in or move out of the vehicle with or without suspicion that such persons are a threat.
True
True or False
The officer who executes a search warrant must be the officer who applies for the warrant.
False. The officer that executes a search warrant does not have to be the same officer that applies for it.
In addition to the applicant officer, who else can come before the magistrate (or judicial official) to give testimony in support of the warrant application?
Other officers, informants, and citizens
Who is authorized to issue a search warrant?
Judicial officials only
Who receives a copy of the warrant application (AOC form)?
Original goes to clerk
Defendant gets copy
Clerk gets copy
Officer makes copy for file
The _____ Amendment requires that a warrant must particularly describe the items to be seized.
Fourth
When drafting a search warrant, officers should include language that _____ the search to anywhere in the premises.
Broadens
Does the description of the crime on the search warrant have to be as detailed as an arrest report?
No because the search warrant does not charge a crime.
Do vehicles under control of one of the occupants or parked in an outbuilding have to be identified on the search warrant?
No, although it is preferable to do so.
True or False
Vehicles owned by or under control of an occupant of the subject property may be searched under the authority of the warrant as long as the vehicle could contain the contraband named in the warrant.
True
What should the “other” block contain on a search warrant?
Luggage, briefcases, footlockers
When completing the probable cause affidavit on a search warrant, what should the officer list for his background
Agency and background Years in law enforcement Years in current assignment Certification and special training Education Knowledge of particular offense
When using confidential informants to establish probable cause for a search warrant, and because informants are not considered as credible as citizen informants, what should the officer explain on the warrant?
Why the officer believes the informant is credible.
Why the officer believes that the information provided by the informant is trustworthy.
What is the best way to establish an informant’s credibility?
Show that he or she has given previous information which has led to arrests, convictions, and seizures of property of the type described in the instant warrant application.
Another way to establish an informants credibility is if that person makes a statement against _____ _____.
Penal Interest
When law enforcement uses an informant, it is critical that officers _____ the information.
Corroborate
True or False
Anonymous tips predicting future behavior are more credible than tips which state existing facts, especially after the predicted future behavior occurs.
True
After presenting the search warrant to a judicial official, the judicial official must make an independent judgment that there is _____ _____.
Probable Cause
Once a search warrant is issued, do officers get a second chance to add to it if they left something out?
No. Officers should be careful to include all relevant information in the search warrant
How long do officers have to execute a search warrant once it’s issued?
48 hours
True or False
The officer executing a search warrant must, before entering the premises, give appropriate notice of his identity and purpose to the person to be searched.
True
During a search warrant, if it is unclear whether anyone is home, do officers have to give notice in the same manner?
Yes. Notice must be made in a manner likely to be heard by anyone in the residence.
If the officer has probable cause to believe that giving notice would endanger life and safety, does the officer need to give notice?
No. If possible, officers should include in the search warrant affidavit any factual information they have indicating probable cause to believe life will be threatened by suspect if officers comply with the notice rules.
Officers may secure the _____ and _____ after making entry.
Premises
Occupants
Before searching a home with a search warrant, what must the officer do?
Read the warrant to the occupant
When serving a search warrant, a copy of the warrant should be left in a _____ place
Conspicuous
True or False
When executing a search warrant, the scope of the search includes any area within the premises, including outbuildings, and any containers that may contain the items to be seized.
True
When executing a search warrant in a public place, can officers detain and frisk people not named on the warrant?
No, unless officers have reasonable suspicion that the person is armed or dangerous.
During the execution of a search warrant at a private place, who can the officers detain?
Everyone on the premises.
During the execution of a search warrant at a private place, who can the officers frisk?
Anyone who they reasonably suspect is armed or dangerous.
In a private place, under what conditions can a detained person not named on the search warrant be fully searched?
(1) Officers have executed the warrant but have not discovered the named contraband; AND
(2) The contraband could reasonably be found on the person of the detainee.
Under G.S. 15A-254, what must the officer who executes a search warrant give what to the owner of the premises or vehicle searched?
A signed receipt listing all items taken during the search.
If the owner of the residence is not present when a search warrant is executed, who can the receipt of evidence seized be given to?
A person in control of the premises present at the time of the search. If no one is present, the receipt should be affixed to the home or vehicle.
Once the officer executes the search warrant he or she must, without unnecessary delay, return the warrant to the _________________ together with a written inventory of ________________.
Clerk of issuing court
Items seized
True or False
After executing a search warrant, the warrant must be returned to the clerk of the issuing court whether or not items were seized.
True
Who is authorized to maintain custody of property seized pursuant to a search warrant?
The officer who applied for OR executed the search warrant
Only a __________ or ____________ may apply for a search warrant to search for and seize obscene materials.
District Attorney
Assistant District Attorney
_____ _____ are those that create a reasonably objective belief that absent immediate action, officers could be endangered or there is an imminent risk that evidence could either be destroyed or removed.
Exigent Circumstances
Do officers have the automatic right to search for evidence at a crime scene?
No. Once the initial sweep for perpetrators and victims is complete, and any imminent risk to evidence controlled, absent valid consent or truly exigent circumstances, an officer should obtain a search warrant before searching further.
A warrant that is issued prior to all of the facts or events taking place that create the probable cause to search
Anticipatory Search Warrant
True or False
An anticipatory search warrant must set out explicit, clear, and narrowly drawn triggering events that must occur before execution of the warrant may take place.
True
This warrant covers search and seizure of hardware, software, documentation, user notes and storage media. It also allows for the examination and search and seizure of data.
Electronic storage device search warrant
This warrant covers service records, billings, and subscriber information.
Service provider search warrant
How can law enforcement access a customer’s financial records?
Customer authorization
Search Warrant
Pending litigation
Court order or subpoena
Can search warrants be issued for body cavity searches?
Yes. A search warrant may authorize an X-ray procedure to verify presence in a body cavity and also authorize extraction by a health professional.
______ inspections may be part of a system or inspections or may be in response to specific information concerning possible administrative violations at a specific location.
Administrative
True or False
During an administrative inspection, the officer’s role is not to conduct the inspection, but only to insure the inspection proceeds in accordance with the administration inspection warrant.
True
Is the evidence of a crime recovered during the execution of an administrative search warrant admissible in court?
No, unless the evidence relates to the purpose of the inspection.
Most administrative inspectors are given consent to enter a premise by the homeowner or renter. Can criminal evidence observed during the consent entry be used as the basis for a search warrant?
Yes. Criminal evidence observed during such a consent entry may be the basis for a search warrant or seized under plain view.
During fire suppression activities, officers retain control of the fire scene on private premises. Once these activities are terminated or government control of the scene has been relinquished, entry to inspect the residence to determine the cause of the fire requires _______, ________, or a _______________
Consent
Administrative Inspection Warrant
Search Warrant
All evidence used to establish probable cause for a search warrant must be gathered within ____ hours prior to executing the warrant.
72
True or False
While fire suppression activities are ongoing and government officials are retaining control of the fire scene, warrantless inspection of the scene is permitted to determine the origin of the fire.
True
What law enforcement agency is permitted to conduct warrantless inspections at premises that sell alcoholic beverages?
Alcohol Law Enforcement Agency (ALE)
Can other law enforcement entities besides ALE conduct warrantless inspections at premises that sell alcoholic beverages?
No, unless their department has contracted to provide alcohol beverage enforcement services.
What law enforcement entity can conduct warrantless inspections of commercial fishing operations and persons transporting or selling seafood products?
Marine Patrol Officers
Physical evidence taken from the body of a person for comparison with evidence found at the crime scene to develop probable cause that this particular suspect committed the offense.
Nontestimonial Identification Evidence
In determining how to lawfully seize body evidence from an adult suspect, the _____ status of the suspect and whether the type of evidence sought is _____ _____ (requiring intrusion into the body), or other types of nontestimonial evidence must be considered.
Custody
Body fluids
For a suspect in custody, what are the three options for obtaining non-testimonial evidence?
Voluntary Consent
Warrantless seizure incident lawful custody (cautiously)
Search Warrant
A search warrant is always required if you are seeking _____ from a suspect in or out of custody.
Blood
For a suspect not in custody, what are the three options for obtaining non-testimonial evidence?
Voluntary Consent
Non-testimonial Identification Order
Search Warrant
Choose which word in parenthesis fits the statement.
Non-testimonial identification orders can be an effective investigative tool if the suspect (is) (is not) in custody.
Is not
Can statements made by a suspect during the non-testimonial identification process be used against him in court?
No, unless his attorney is present
Are line-ups considered non-testimonial evidence?
Yes
True or False
Non-testimonial identification includes:
(a) Fingerprints, palm prints, footprints
(b) Dental characteristics, tooth impressions
(c) Hair samples, urine specimens, saliva samples
(d) Handwriting and voice samples
(e) Photographs, measurements, and skin characteristics
(f) Line-ups
(g) Or similar identification procedures requiring the presence of a suspect
True
When can a non-testimonial identification order be requested?
Prior to arrest, after arrest, and prior to trial
Can a non-testimonial identification order be requested if the suspect is in custody?
NO
Who can request a non-testimonial identification order?
A prosecutor
Who can issue a non-testimonial identification order?
Only a judge can issue this
Can a magistrate or clerk issue a non-testimonial identification order?
NO
The affidavit to obtain a non-testimonial identification order must contain what three things?
(1) Probable cause to believe that a felony or class A1 or class 1 misdemeanor has occurred.
(2) Reasonable grounds to suspect that the person named in the affidavit committed the offense; AND
(3) Results of the specific nontestimonial identification procedures will materially aid in determining whether the person named in the affidavit committed the offense.
Does the affidavit on a non-testimonial identification order list the three requirements on the back?
Yes
A nontestimonial identification order must be served at least ____ hours before the time designated for the nontestimonial identification procedure to be conducted.
72
Who can authorize modification of the 72-hour rule in reference to conducting the non-testimonial identification procedure?
The prosecutor
True or False
The person ordered to appear for a non-testimonial identification procedure may also request modification of the time or place if reasonable under the circumstances to do so.
True
What method of service must officers use when serving someone a non-testimonial identification order?
Personal delivery
The right to counsel during nontestimonial identification procedures is a statutory right, unless the ____ Amendment right to counsel has attached by appearance before a magistrate, indictment, or first appearance.
Sixth
What does the statutory right to counsel during the non-testimonial identification procedure require?
(1) Advice of the right to counsel
(2) The right to have counsel present during the procedure
(3) The appointment of counsel if the person cannot afford to retain counsel
(4) The suppression of any statement made during the procedure in the absence of counsel
Any law enforcement officer or ________________ can conduct the non-testimonial identification procedure?
Other person designated by the judge issuing the order
Who can extract body fluids authorized by a nontestimonial identification order?
Health Care Professionals
What can happen to a person who resists compliance with a nontestimonial identification order?
They can be held in contempt of court
Choose which word in parenthesis fits the statement.
Resisting compliance with a non testimonial identification order (is)(is not) probable cause to arrest.
Is not
True or False
A nontestimonial identification order may not be issued against a person previously subjected to a nontestimonial identification order unless based on different evidence which was not reasonably available when the previous order was issued.
True
Within ____ days, the non testimonial identification order must be returned to the judge who issued it or a judge designated in the order.
90
When returning the non testimonial order the person must set forth a ______ of the procedure?
Inventory
Does the suspect need to have a copy of the results from the non testimonial procedure?
Yes, as soon as possible
The only way to obtain a non testimonial identification order on a juvenile is with a ____________.
Court order
When can a juvenile non testimonial identification order be obtained?
Prior to taking the juvenile into custody; OR
After custody and prior to the adjudicatory hearing.
When can officers obtain a juvenile’s fingerprints and photographs without court order?
A juvenile who was 10 years of age or older at the time the juvenile allegedly committed a nondivertible offense as set forth in G.S. 7B-1701, when a complaint has been prepared for filing as a petition and the juvenile is in physical custody of law enforcement or the Division of Juvenile Justice of the North Carolina Department of Public Safety.
Violation of the juvenile nontestimonial identification procedures is a _____.
Misdemeanor
Can a juvenile give consent for a non testimonial identification procedure?
NO
Whenever a suspect gives a written or oral statement to law enforcement officers, the statement is either _____ or _____.
Inculpatory
Exculpatory
An _____ statement is one which denies guilt
Exculpatory
An _____ statement is one which establishes guilt
Inculpatory
With a few exceptions, _____ are not bound by the Miranda case or any of the limitations placed on the police by the legislature and the courts.
Civilians
Can officers make civilians agents of the police ask questions in an effort to get a statement where the police are barred from further questioning
NO
What amendments provide the primary limitations on the government’s ability to obtain and use statements from a suspect?
Fourth
Fifth
Sixth
Fourteenth
A statement obtained during the course of an unlawful arrest or investigative detention is inadmissible under the _____ Amendment.
Fourth
The _____ Amendment provides that: “No person . . . shall be compelled in any criminal case to be a witness against himself
Fifth
The Fifth Amendment does not prohibit self-incrimination, but only incrimination _____ by a government official such as a law enforcement officer.
Compelled
True or False
The right not to self-incriminate applies not only to the trial itself, but also to most (but not all) interrogations of suspects after an arrest.
True
The _____ Amendment provides that: “In all criminal prosecutions, the accused shall enjoy . . . the Assistance of Counsel for his defense.
Sixth
During a non testimonial identification procedure, the person cannot be detained longer than is reasonably necessary, and in no case more than _____ hours unless the person is arrested.
Six
The United States Supreme Court has ruled that the right to counsel attaches, or begins, at a “_____ _____” of the prosecution.
Critical Stage
In North Carolina, what has been established as the critical stage of the prosecution at which counsel attaches under the Sixth Amendment?
Defendant’s initial appearance before the magistrate, OR the first appearance in District Court, OR his or her indictment, whichever comes first.
Contained within the “_____ _____” clause of the Fourteenth Amendment, is the judicially created rule that only voluntary statements are admissible in court.
Due Process
Courts determine the “voluntariness” issue by applying the “____________________________” test: given the circumstances of the statement, did the defendant speak or write with an understanding of what he or she was doing?
Totality of the Circumstances
Is a suspect’s contention that an “inner voice” made him/her confess legally acceptable in court?
No, since law enforcement officers were in no way involved with forcing the confession.
The Courts will not scrutinize a suspect’s motivations for confessing; the issue is whether law enforcement officers caused a suspect to confess against his or her ____ ____
Free Will
Can law enforcement officers use veiled threats to urge a suspect to confess?
NO, confessions must be voluntary
The law does allows officers to “_____ _____” with the suspect in an effort to obtain a confession.
Match Wits
Choose the correct answer in parenthesis.
The fact that officers lie to the suspect about the existence of evidence or witnesses against him (does) (does not) mean the subsequent confession is automatically involuntary.
Does not
The United States Supreme Court decided that in order to protect the Fifth Amendment self-incrimination rights of a suspect, law enforcement officers who wish to interrogate the suspect in custody must administer “_____ _____” and obtain a waiver of those rights.
Miranda Warnings
In order to conduct a custodial interrogation officers must not only read the warnings, but must also obtain a _____ from the suspect of the rights recited in the warnings.
Waiver
With some exceptions, which two elements determine whether or not Miranda warnings must be given?
In custody
Interrogation
For the purposes of Miranda, when is a suspect considered to be “in custody?”
When he has been formally arrested or when his freedom of movement has been restrained to the extent associated with a formal arrest.
An arrest is a more severe intrusion on a person’s liberty than a _____.
Detention
The custody test asks the question, “Would a _____ _____ in the suspect’s position believe that he was under arrest?
Reasonable Person
It is not legally relevant that either the suspect or the officer “believes” that there is custody—the test focuses on whether the words and _____ of the officers would lead a reasonable person to believe he or she is under arrest.
Conduct
For the purposes of Miranda, are stops for traffic violations considered custodial for the purposes of Miranda?
No
Choose correct answer in parenthesis.
A noncustodial interrogation (does) (does not) require Miranda warnings and a waiver.
Does not
When conducting a non custodial interrogation, it is good to use a _____ place or an environment familiar to him/her
Neutral
_____ means statements or questions designed to elicit an incriminating response
Interrogation
For the purposes of Miranda, “_____” booking questions do not include those reasonably likely to elicit an incriminating response.
Routine
True or False
Even if custodial interrogation occurs, questions involving the location of a dangerous weapon or instrumentality which threatens public safety may be permitted under the public safety exception.
True
Do spontaneous, volunteered statements that are not the result of custodial interrogation require Miranda warnings?
No
Choose the correct answer in parenthesis.
During juvenile Miranda warnings, the juvenile’s ability to afford a lawyer (is) (is not) a factor to be considered or advised.
Is not
In addition to the standard Miranda warnings, what must a juvenile also be informed of?
That he has the right to have a parent, guardian, or custodian present during questioning.
If at any time during the interrogation the suspect expresses an unwillingness to continue with questioning or asserts the right to counsel, can they continue to be questioned by officers?
No
Do unemancipated 16 or 17 year-old juveniles receive the additional juvenile warning under Miranda?
Yes
Can a juvenile under 14 waive his or her right to have a parent, guardian, custodian or attorney present during custodial interrogation?
No
Can a juvenile who is 14 years old or older waive both her right to counsel and her statutory right to a parent, guardian, or custodian?
Yes
In order to interrogate an in-custody suspect, the officer must obtain a _____, _____, and ______________ from the suspect.
Knowing
Voluntary
Intelligent Waiver
For the purposes of Miranda, _____ relates to whether the suspect has been properly informed of his rights and whether he understands those rights.
Knowing
For the purposes of Miranda, _____ relates to whether the waiver was obtained without force or coercion.
Voluntary
For the purposes of Miranda, _____ refers to the capacity and competency of the suspect to understand his rights and the effect of a waiver of those rights.
Intelligent
While officer must scrupulously honor a suspect’s wish to remain silent, can officers re-approach with questioning if the suspect only invokes his right to silence?
Yes, but not if the suspect invokes his right to an attorney
After a “_____________________” has passed, officers may reinitiate interrogation of a suspect who has invoked his right to remain silence only, when they “scrupulously honor” that request.
Significant period of time
Once the suspect invokes the right to silence but further initiates communication, exchanges, or conversation with the officer about the case, can officers ask custodial questions about the case or any other criminal manner?
Yes, in such case, the officer should repeat the Miranda rights to the suspect and obtain a waiver before he resumes interrogation.
Once a suspect in custody unequivocally invokes his Miranda right to counsel, can questioning continue?
NO. All questioning must cease immediately
If officers that were not present at the time of arrest wish to interrogate a suspect, what must they do?
They must determine if the suspect has previously invoked their Miranda right to counsel (inquiring of the arresting officer is a logical place to begin such an inquiry).
If the suspect himself initiates further communication, exchanges, or conversation with the officer about the case after invoking the right to counsel, can officers initiate custodial questions?
Yes. In such case, the officer should repeat the Miranda rights to the suspect and obtain a waiver before he resumes interrogation.
Once the suspect invokes the right to counsel, officers may initiate custodial questioning on any criminal matter, whether it is about the case for which the suspect was arrested or any unrelated investigation, if there has been a break in custody for at least ____ days or more.
- In such case, the officer should repeat the Miranda rights to the suspect and obtain a waiver before he resumes interrogation.
The _____ rule holds that once a suspect invokes her Miranda right to counsel, all officers in the state are presumed to know of the invocation.
Edwards
The _____ rule holds that when the defendant invokes his right to counsel and is released 14 days later, interrogation can be re-initiated if a fresh Miranda waiver is obtained?
Shatzer
The Sixth Amendment gives defendants a right to counsel at any critical stage of a prosecution at or after _____ judicial proceedings have begun.
Adversary
When does the attachment of the Sixth Amendment right end?
When the defendant is sentenced, found not guilty, or the case is dismissed
True or False
Whether a defendant is in or out of custody, the defendant has the Sixth Amendment right on the charges for which he has appeared before a magistrate, been indicted, or appeared in district court.
True
The Sixth Amendment protections are _____-_____; protecting the charge itself once an adversary judicial proceeding has begun.
Charge Specific
If a government officer or his agent _____ _____ incriminating information from a suspect after his Sixth Amendment right to counsel has attached, the statement will, absent a valid waiver, be suppressed.
Deliberately Elicits
Does the Sixth Amendment apply to uncharged offenses?
No
True or False
Even if the defendant has invoked the Sixth Amendment right to counsel, officers may conduct interrogation, if the defendant approaches the police.
True, but a valid waiver must first be obtained
Sixth Amendment rights are also referred to as the _____ rights
Messiah
G.S. 15A-211 requires electronic recording of custodial interrogations at a _______________ for investigations related to any Class A, B1, or B2 felony and any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury.
Place of detention
Do interrogations involving juveniles require electronic recording?
Yes
When law enforcement officers are required to electronically record an interrogation, the recording may be either _____, or _____. Both shall be simultaneously produced whenever reasonably feasible.
Audio
Visual
A one-on-one confrontation between the eyewitness and the suspect.
Show-up
A proper show-up must be conducted close in time to the crime and close to the _____ of the crime.
Location
An identification procedure where the suspect is shown to the eyewitness in a group of similar persons and the eyewitness must try to select the person they saw from the group.
Line-up
An identification procedure utilizing photographs of the suspect, rather than having the suspect physically appear.
Photo line-up
Testimony by a witness at trial or in a court proceeding that he/she observed at the time and place of the crime.
In-court identification
Testimony by a witness at trial or in a court proceeding that the witness selected the defendant at an identification procedure held prior to trial, such as a line-up, show-up, or photographic identification.
Out of court identification
An identification procedure which improperly focuses suspicion or attention on the suspect and encourages the witness to pick the defendant.
Unduly suggestive
What factors determine the reliability of identification?
(a) Opportunity to view
(b) Degree of attention
(c) Accuracy of description
(d) Level of certainty
(e) Time between the crime and the confrontation
What are the two primary constitutional concerns in eyewitness identification?
Due Process (under fifth and fourteenth Amendments) Right to counsel (under sixth Amendment)
If an eyewitness identification procedure is conducted pursuant to a nontestimonial identification order, does the person ordered to appear have the right to counsel?
Yes
True or False
The defendant has the right to counsel during photographic identification procedures such as a photo array, or photo line-up procedure where the defendant is not physically present.
False. Neither the Sixth Amendment right to counsel nor the statutory right to counsel apply to photographic identification procedures.
A line-up (live or photo) must be conducted by an _____ _____ or by an alternative method approved by the North Carolina Criminal Justice Education and Training Standards Commission.
Independent Administrator
The individuals or photos in a line-up must be presented to witnesses _____ and _____, in a previously determined order, and removed after being viewed before the next individual or photo is shown.
Sequentially
Separately
Do the fillers used in a photo line-up have to resemble the eyewitnesses description of the perpetrator?
Yes
At least ____ fillers shall be included in a photo line-up, in addition to the suspect.
Five
Only one _____ shall be included in a line-up.
Suspect
True or False
There shall not be anyone present during the live line-up or photographic identification procedures, who knows the suspect’s identity, except the eyewitness and counsel as required by law.
True
The Bills of Rights is considered fundamental and not subject to _____.
Change
