Arrest, Search, & 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
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
rticle ____ 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
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
Anyone who is not a U.S citizen who is on U.S. land
Foreign National
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
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
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
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
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
The presence of “______________” will not affect the admissibility of evidence seized from an open field in plain view.
No Trespassing Signs
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
Personal property, which is voluntarily discarded, is considered _____.
Abandoned
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
True or False
A plain view observation can be enhanced with a sophisticated high-power telescope to look into someones home.
False
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
Plain view observations can sometimes be enhanced with the assistance of _____ _____.
Special Devices
n 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
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
Can a spouse or roommate give consent to search the common areas within a home which she shares with another?
Yes
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
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.”
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
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
rue 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
True or False
A general consent search extends to conducting a strip search.
False
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
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
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
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 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
