Ch 2 Rules of Evidence and Arrest Flashcards
No evidence is admissible in a court of law unless it is ______
relevant
____ is the connection between a fact offered in evidence and the issue to be proved
Relevance
Relevance is the connection between a fact offered in______ and _____
evidence and the issue to be proved
Evidence must also be _____
Material
An item of evidence is considered ____ if it is important or substantial
Material
If evidence is capable of properly influencing the outcome of a trial, it is ____
material
Evidence becomes _____ when it is so unimportant compared to other easily available evidence that the court should not waste time admitting it.
immaterial
Evidence becomes immaterial when it is so unimportant compared to other easily available evidence that the court should not
waste time admitting it.
What are three criteria for admissible evidence?
Be Relevant
Be material
Obtained Lawfully
T/F Evidence becomes immaterial when it is so unimportant compared to other easily available evidence
True
Evidence becomes material when it is so unimportant compared to other easily available evidence
False
A search for evidence must be ________
reasonable
Any search conducted as a result of a lawful warrant is, on its face, _____
reasonable
T/F The court’s remedy for the handling of evidence seized illegally is to exclude the evidence from trial
true
The ____ amendment of the U.S Constitution provides protections against unreasonable searches and seizures by all government officials
4th
T/F The 6th amendment of the U.S Constitution provides protections against unreasonable searches and seizures by all government officials
False
T/F The issuance of a warrant makes a search reasonable by placing an unbiased third party in the process
True
The issuance of a warrant makes a search reasonable by placing an unbiased third (____or___) party in the process
magistrate or judge
The Following is a passage found in which Constitutional Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
4th
The role of the _____is to review the application for a search warrant and determine if the request is reasonable and meets the guidelines established by the Fourth Amendment
magistrate
The role of the magistrate is to review the application for a search warrant and determine if the request is reasonable and meets the guidelines established by the ____
Fourth Amendment
T/F
The role of the magistrate is to review the application for a search warrant and determine if the request is reasonable and meets the guidelines established by the Fourth Amendment
True
The role of the magistrate is to review the ____________and determine if the request is reasonable and meets the guidelines established by the Fourth Amendment
application for a search warrant
To obtain a _____, an investigator must prepare a written application that outlines the probable cause for the search and describes the place to be searched the person or things to be seized
search warrant
The investigator must swear, or affirm, to the _____that the information contained in the warrant application is true
magistrate
_____, as used in the warrant requirement, exists when enough facts lead a reasonable and prudent person to believe that criminal activity is fairly probable.
Probable Cause
T/F
Probable cause is a standard of proof that is considered to be well below what is required at a criminal trial; guild beyond a reasonable doubt
True
T/F
An undercover police officer making a buy of illegal drugs at a residence would be sufficient probable cause to lead a reasonable and prudent person to believe that controlled substances were being sold at that location
true
T/F
For the description of the place to be searched, the investigator may be more flexible and a allow a general description in Rural areas
True
T/F
For the description of the place to be searched, the investigator may be more flexible and a allow a general description in Urban areas
False
For the description of the place to be searched, the investigator must provide _______in the warrant application to identify the location of the requested search
sufficient detail
For the description of the persons or things to be seized, the investigator must outline ____ what is being sought
exactly
The application for a search warrant must be supported by ____ or ____
oath or affirmation
This means that the investigator must raise his or her right hand before the magistrate, if he or she does not believe in god- that the information is true and correct to the best of his or her knowledge under the penalty or perjury
affirm
T/F
In emergency situation, an investigator can obtain a search warrant by telephone.
true
Search warrants are normally executed within ____ days
10
T/F
The restrictions of the Fourth Amendment do not apply to private persons as long as they are not acting as agents of the government.
True
The restrictions of the _______do not apply to private persons as long as they are not acting as agents of the government.
Fourth Amendment
The restrictions of the Fourth Amendment do not apply to _______persons as long as they are not acting as agents of the government.
Private
T/F
The restrictions of the Fourth Amendment do apply to private persons as long as they are not acting as agents of the government.
False
Which below is not considered an exception to the warrant requirement?
Consent Searches
Stop and Frisk
Plain View Exceptions
All are considered an exception to the warrant requirement
Which below is not considered an exception to the warrant requirement? Searches incident to a lawful arrest motor vehicle stops open fields Emergency circumstances
All are considered an exception to the warrant requirement
Which below is not considered an exception to the warrant requirement? Searches incident to a lawful arrest motor vehicle stops open fields Emergency circumstances Consent Searches Stop and Frisk Plain View Exceptions
All are considered an exception to the warrant requirement
What do the following have in common? Searches incident to a lawful arrest motor vehicle stops open fields Emergency circumstances Consent Searches Stop and Frisk Plain View Exceptions
All are considered an exception to the warrant requirement
T/F
A person may waive the search warrant requirements by consenting to a search
True
T/F
A person may not waive the search warrant requirements by consenting to a search
False
A person may waive the search warrant requirements by _______
consenting to a search
The consent to search the person of an individual can be given only by ____
that individual
What is considered the voluntariness test when speaking of consent?
the consent was obtained without coercion or promises; and therefore, reasonable
The U.S. Supreme Court has held that a police officer may temporarily detain a person for question if the officer has a ___________that criminal activity may be involved.
reasonable suspicion
T/F
The U.S. Supreme Court has held that a police officer may temporarily detain a person for question if the officer has a probable Cause that criminal activity may be involved.
False, reasonable suspicion
T/F
Stop and Frisk detention is considered to be an arrest
False
T/F
The plain view exception permits investigators to observe and seize evidence without a warrant if the officer is lawfully in a position to view an object and if the incriminating character of the object is immediately apparent.
True
T/F
The plain view exception permits investigators to observe and seize evidence with a warrant if the officer is lawfully in a position to view an object and if the incriminating character of the object is immediately apparent.
False
The _________ permits investigators to observe and seize evidence without a warrant if the officer is lawfully in a position to view an object and if the incriminating character of the object is immediately apparent.
plain view exception
The plain view exception permits investigators to__________evidence with a warrant if the officer is lawfully in a position to view an object and if the incriminating character of the object is immediately apparent.
observe and seize
Situations in which officers may make a seizure based on the plain view exception are:
Effecting an arrest
Executing a Search Warrant
Pursuing a fleeing suspect
Responding to an emergency
What do the following have in common? Effecting an arrest Executing a Search Warrant Pursuing a fleeing suspect Responding to an emergency
They are all Situations in which officers may make a seizure based on the plain view exception
Below is an example of what:
An officer may lawfully seize an object that comes into view during a lawfully executed arrest or search incident to arrest.
Effecting an arrest (plain view exception)
Below is an example of what:
An officer executing a valid search warrant can legally seize items of evidence lying in plain view even though they were not specifically describe din the warrant.
Executing a search warrant (plain view exception)
Below is an example of what:
Officers who are lawfully on the premises in hot pursuit of a dangerous person may seize items of evidence in plain view.
Pursuing a Fleeing suspect (plain view exception)
Below is an example of what:
Officers responding to emergency situations, such as crimes in progress or crimes of violence, shootings, stabbing, etc, may seize items of evidence in plain view
Responding to an emergency (plain view exception)
The U.S. Supreme Court has recognized that police officers have the authority to conduct a warrantless search incident to a _____
lawful arrest
Officers may search adjoining areas for persons posing a threat to the officers or the arrest scene. This search must be made _______ with the _____, and any items of evidence in plain view may _______
contemporaneously; the arrest; be seized
The U.S. Supreme Court has created an exception to the warrant requirement for motor vehicles due to:
their mobility;
their use as transportation to and from crime scenes;
their use in transporting weapons, stolen goods, and contraband
A lawful search under the Motor Vehicle exception requires the existence of probable cause to believe that the vehicle contains________________________
evidence of a crime, or contraband, and that the searching officers have lawful access to the vehicle.
A lawful search under the ___________ requires the existence of probable cause to believe that the vehicle contains evidence of a crime, or contraband, and that the searching officers have lawful access to the vehicle.
Motor Vehicle exception
A lawful search under the Motor Vehicle exception requires the existence of ______to believe that the vehicle contains evidence of a crime, or contraband, and that the searching officers have lawful access to the vehicle.
probable cause
A lawful search under the Motor Vehicle exception requires the existence of probable cause to believe that the vehicle contains evidence of a crime, or contraband, and that the searching officers have ______
lawful access to the vehicle.
Mobile conveyances such as motor homes, houseboats, and airplanes are included in __________
the motor vehicle exception
In the case of ______ the court allowed a warrantless search of a vehicle passenger area if the person has access to the vehicle at the time of the search, in other words not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
Arizona VS Grant
In the case of Arizona VS Grant the court allowed a ____ of a vehicle passenger area if the person has access to the vehicle at the time of the search, in other words not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
warrantless search
In the case of Arizona VS Grant the court allowed a warrantless search of a vehicle passenger area if the person has access to the vehicle at the time of the search, in other words not detained, and a ____exists that evidence related to the crime in question may be found in the vehicle.
reasonable belief
In the case of Arizona VS Grant the court allowed a warrantless search of a ___________if the person has access to the vehicle at the time of the search, in other words not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
vehicle passenger area
The ____of the warrantless search is no broader or narrower than if a search warrant had been obtained.
scope
The scope of the _____is no broader or narrower than if a search warrant had been obtained.
warrantless search
The scope of the warrantless search is no broader or narrower than if a _______________.
search warrant had been obtained
Locked containers, such as vehicle trunks and suitcases, may also be searched ______, provided probable cause exists relating to these locked containers.
without a warrant
Locked containers, such as vehicle trunks and suitcases, may also be searched without a warrant, provided _____ exists relating to these locked containers.
probable cause
_____, such as vehicle trunks and suitcases, may also be searched without a warrant, provided probable cause exists relating to these locked containers.
Locked containers
The ________is not a search but rather a routine administrative custodial procedure. However, if contraband or items of evidence are observed during the inventory, they may lawfully be seized and are admissible as evidence in court.
inventory procedure
The inventory procedure is not a search but rather a routine _________. However, if contraband or items of evidence are observed during the inventory, they may lawfully be seized and are admissible as evidence in court.
administrative custodial procedure
The inventory procedure is not a search but rather a routine administrative custodial procedure. However, if contraband or items of evidence are observed during the inventory, they may lawfully be ____and are admissible as evidence in court.
seized
The inventory procedure is not a search but rather a routine administrative custodial procedure. However, if contraband or items of evidence are observed during the inventory, they may lawfully be seized and are ______as evidence in court.
admissible
The U.S Supreme Court has held that _____are not protected by the fourth Amendment and that investigators may enter and search unoccupied or undeveloped areas.
open Fields
The U.S Supreme Court has held that open Fields are not protected by the ______Amendment and that investigators may enter and search unoccupied or undeveloped areas.
fourth
The U.S Supreme Court has held that open Fields are not protected by the fourth Amendment and that investigators may ____unoccupied or undeveloped areas.
enter and search
The U.S Supreme Court has held that open Fields are not protected by the fourth Amendment and that investigators may enter and search _________
unoccupied or undeveloped areas.
Only “Homes, person, effects and paper” are protected by the ____Amendment and there is a lesser expectation of privacy in open fields.
Fourth
Only “Homes, person, effects and paper” are protected by the Fourth Amendment and there is a _____expectation of privacy in open fields.
lesser
Only “Homes, person, effects and paper” are protected by the Fourth Amendment and there is a lesser expectation of privacy in _____
open fields.
T/F
The term open fields includes open lands and Forests
True
The term open fields includes __________
open lands and Forests
The term open fields includes open lands and Forests. Even if ownership of the area is posted, the area may be searched without a warrant. The _____would be the area immediately surrounding a dwelling, known as the curtilage.
exception
The term open fields includes open lands and Forests. Even if ownership of the area is posted, the area may be searched ______. The exception would be the area immediately surrounding a dwelling, known as the curtilage.
without a warrant
The term open fields includes open lands and Forests. Even if ownership of the area is posted, the area may be searched without a warrant. The exception would be the area immediately surrounding a dwelling, known as the ______.
curtilage
T/F
The term open fields includes open lands and Forests. Even if ownership of the area is posted, the area may NOT be searched without a warrant. The exception would be the area immediately surrounding a dwelling, known as the curtilage.
False
the area immediately surrounding a dwelling
curtilage
An immediate need to protect life is an example of what type of circumstance that permits a warrantless entry
Exigent circumstances or emergency circumstances.
Below are ________
- A reasonable belief that evidence may be destroyed
- Hot pursuit of a suspect whom the investigators reasonably believes is in the area to be searched
- An immediate need to protect or preserve life
- A threat to the safety of the officers conducting a protective sweep of the premises, of other suspects.
Exigent circumstances or emergency circumstances.
Name the 4 Exigent circumstances or emergency circumstances.
- A reasonable belief that evidence may be destroyed
- Hot pursuit of a suspect whom the investigators reasonably believes is in the area to be searched
- An immediate need to protect or preserve life
- A threat to the safety of the officers conducting a protective sweep of the premises, of other suspects
________ is applied when investigators violate a person’s constitutional rights by conducting an unlawful search and seizure
Exclusionary rule
Exclusionary rule is applied when investigators violate a person’s constitutional rights by conducting an __________
unlawful search and seizure
This rule prevents illegally obtained evidence from being admitted into evidence
Exclusionary rule
This is the method the courts use to uphold the Fourth amendment and to control investigator’s actions and prevent illegally obtained evidence from being used at trial.
Exclusionary rule
The Exclusionary rule is the method the courts use to uphold the ______ amendment and to control investigator’s actions and prevent illegally obtained evidence from being used at trial.
Fourth
The Exclusionary rule is the method the courts use to uphold the Fourth amendment and to control investigator’s actions and prevent illegally obtained evidence from _____.
being used at trial
An extension of the ______ is the “fruit of the poisonous tree doctrine” which holds that evidence derived from an illegal search or seizure is inadmissible because of its original taint.
exclusionary rule
An extension of the exclusionary rule is the _______which holds that evidence derived from an illegal search or seizure is inadmissible because of its original taint.
“fruit of the poisonous tree doctrine”
An extension of the exclusionary rule is the “fruit of the poisonous tree doctrine” which holds that _____derived from an illegal search or seizure is inadmissible because of its original taint.
evidence
An extension of the exclusionary rule is the “fruit of the poisonous tree doctrine” which holds that evidence derived from an illegal ______is inadmissible because of its original taint.
search or seizure
An extension of the exclusionary rule is the “fruit of the poisonous tree doctrine” which holds that evidence derived from an illegal search or seizure is _______because of its original taint.
inadmissible
An extension of the exclusionary rule is the “fruit of the poisonous tree doctrine” which holds that evidence derived from an illegal search or seizure is inadmissible because of its _______.
original taint
List the three type of police encounters
- Voluntary or consensual stop
- The investigative
- Arrest
This type of police encounter is the least intrusive and is limited in scope by the person being encountered. That person can terminate the encounter at anytime.
Voluntary or consensual stop
This type of police encounter is the investigative detention or stop and frisk encounter. The investigator must have some specific and articulable facts supporting a reasonable suspicion that criminal activity is occurring or about to occur or has recently occurred.
Investigative detention
During this type of police encounter, the suspect is not free to leave and reasonable force may be used to detain the person
Investigative detention.
This police encounter is the most intrusive
Arrest
A________must be based on probable cause which is that point in time when an investigator has reason to believe that a crime was or is about to be committed and that the individual to be arrested has engaged in the criminal activity.
legal arrest
A legal arrest must be based on _______which is that point in time when an investigator has reason to believe that a crime was or is about to be committed and that the individual to be arrested has engaged in the criminal activity.
probable cause
T/F
The procedure of obtaining an arrest warrant is similar to the procedure for obtaining a search warrant.
True
An investigator making an arrest pursuant to warrant need not have the warrant in his hand or possession, as long ______________
as she is aware of its contents.
T/F
An investigator making an arrest pursuant to warrant need not have the warrant in his hand or possession, as long as she is aware of its contents.
true
T/F
If the investigator has the warrant, he or she must display or show the warrant, if requested, to the person being arrested.
true
If the investigator has the warrant, he or she must display or show the warrant, if requested, __________
to the person being arrested.
T/F
If the investigator does not have the warrant in his possession, he or she must explain to the person being arrested the reason for the arrest.
True
The initial radio transmission that alerts officers in the field of the pursuit of a suspect of a crime and emphasizes the distinctive identifying characteristics of the person, vehicle or property wanted. Is known as….
Broadcast alarm
The initial radio transmission, or broadcast alarms, alert officers in the field of the pursuit of a suspect of a crime and emphasizes the distinctive identifying characteristics of the ___________
person, vehicle or property wanted.
Who has the responsibility of obtaining the best possible physical description of the criminal and or his vehicle?
the first police officer on the scene or the investigator receiving the report
A broadcast alarm detailing a want is most effective when it is sent ______
promptly
Despite the urgency for broadcasting the alarm or pickup order to alert the other officers, _____ must be emphasized
accuracy
Identifying characteristics that make a person or a vehicle different from other persons or vehicles are the basis for success in the _____________
apprehension of suspects.
A suspect’s height and weight are usually reported in blocks or ranges: upward from 5 feet in 3- inch intervals and from 100 pounds in _________intervals.
20 pound
A suspect’s height and weight are usually reported in blocks or ranges: upward from 5 feet in _____intervals and from 100 pounds in 20-pound intervals.
3- inch
A suspect’s _______are usually reported in blocks or ranges: upward from 5 feet in 3- inch intervals and from 100 pounds in 20-pound intervals.
height and weight
T/F
Clothing is and observable characteristic that affords excellent opportunities for recognizing a wanted person.
true
_______is and observable characteristic that affords excellent opportunities for recognizing a wanted person.
Clothing
what does APB stand for?
All points Bulletin
The ______________of an APB depends on the locale and may extend to neighboring states.
geographical coverage
The geographical coverage of an APB depends on the __________and may extend to neighboring states.
locale
The geographical coverage of an APB depends on the locale and may extend to ____________.
neighboring states
What is the objective of broadcasting fasts as soon as they are available?
to provide searching police with enough identification to pick out a fleeing person or vehicle with some certainty that the person or vehicle being stopped is the subject of the alarm.
What is the purpose of having a ready-reference information sources file?
it provides information as to where such information may be found, the form in which it may be found, and how to gain access to it.
When a mug shot is not available for use in a wanted notice…..
any close-up photograph from public records or from associates of the suspect may be substituted.
It is the classification and comparison of _______that guarantee against the apprehension of the wrong person.
fingerprints
The standard base of details fro describing wanted persons is:
race, sec, age, height, weight, color of eyes, and color of hair
Observable physical characteristics found useful by police in tracing fugitives have been codified in a “________” listing of key items for a personal description.
relevant matter
___and ______are related to places frequented or areas in which the fugitive is likely to be found.
Habits and hobbies
All investigators seeking the apprehension of a fugitive have a duty to specify in every wanted notice whether the fugitive_____
is armed, whether a weapon has been used in a crime, and whether the fugitive has used weapon on previous occasions to avoid capture or to escape from custody.
Traditionally, a _________has always been aimed at locating and apprehending the fugitive.
wanted notice
Other than locating and apprehending a fugitive, what is another purpose for a wanted notice?
to discover, to collect, and preserve evidence at the time of the arrest.
The search incident to arrest should be confined to the person of the arrested individual and ____________
to the vicinity of the arrest
What case involved an offender’s stomach being pumped in order to recover two capsules of heroin?
Rochin v California
_____ exists when enough facts lead a reasonable and prudent person to believe that a fair probability of criminal activity exists.
Probable Cause
Which constitutional amendment provides the citizens of the United States protections against unreasonable searches and seizures?
Fourth amendment
The search of a ___ should not verge on conduct that shocks the conscience
person
The ____ is also an excellent time to guard against faulty identification of the arrestee.
arrest
In collecting evidence during_____, the finding officer must exercise the same care he or she would use if the evidence had been discovered in a crime scene search
during the arrest
T or F
A complete body search is made at the time of booking
true
In serious crimes, it is not uncommon to seize the suspect’s clothes for processing by a ______in an effort to collect dust and debris for analysis and to search the clothes for blood and other stains that may connect the defendant with the crime scene or victim.
vacuum cleaner
In serious crimes, it is not uncommon to seize the suspect’s clothes for processing by a vacuum cleaner in an effort to collect dust and debris for analysis and to search the clothes for blood and other stains that may connect __________________
the defendant with the crime scene or victim.
The search of a person should not verge on conduct that shocks the conscience, such as in the case of _________
Rochin v California
The search should fulfill the obligation of an arresting officer by protecting the officer from harm by removing any material that might aid in the _____of the arrested person and by avoiding the destruction of evidence or the failure to collect evidence.
escape
The search should fulfill the obligation of an arresting officer by protecting the officer from harm by removing any material that might aid in the escape of the arrested person and by avoiding the __________or the failure to collect evidence.
destruction of evidence
The doctrine of _____indicates the area in which a search is justified.
immediate control
If the arrest is made on the street when the suspect is walking, his or her person and the __________area may be searched.
immediate public
If the arrest takes lace in a vehicle, the vehicle may be searched if the guidance established from the case_______ is met
Arizona v Grant
In this case the court allows a warrantless search of a vehicle passenger area if the arrestee has access to the vehicle at the time of the search, in other words, not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
Arizona v Grant
In Arizona v Grant, the court allows a warrantless search of a vehicle passenger area if the arrestee has access to the vehicle at the time of the search, in other words, not detained, and a _____ exists that evidence related to the crime in question may be found in the vehicle.
reasonable belief
In Arizona v Grant, the court allows a ______of a vehicle passenger area if the arrestee has access to the vehicle at the time of the search, in other words, not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
warrantless search
In Arizona v Grant, the court allows a warrantless search of a vehicle_______if the arrestee has access to the vehicle at the time of the search, in other words, not detained, and a reasonable belief exists that evidence related to the crime in question may be found in the vehicle.
passenger area
T/ F
If an arresting officer witnessed the jettisoning of some article just before the arrest, he or she should search for such article.
True
If an arresting officer witnessed the _____of some article just before the arrest, he or she should search for such article.
jettisoning
If the arrest is made inside a _____, the search usually is restricted to the area over which the arrested person has control.
building
If the arrest is made inside a building, the search usually is restricted to the area over which the arrested person has _____.
control
If the locale of the arrest is outside the state in which the crime was committed, ______, unless formally waived by the fugitive, are required.
extradition proceedings
Burglary and theft perpetrators often conceal stolen property in ______
their home
Unless a search is incidental to an arrest, it is the current doctrine to seek ____ when looking for evidence in any building
search warrants
The search warrant prevents the ______
tainting of evidence
Mora dee waiver should be formal, should state the voluntary act and should be signed by…..
The prisoner and the witness
If the arrestee is cooperating with police, a post arrest consent to search should..
Be requested
The orderly array of information collected during an investigation: all the reports documents, and exhibits in a case
Case preparation
A Pretrial statement made by the accused person and is oriented toward proving the id entity of the person responsible for the crime alleged in the indictment or information
Accusatory pleading
Being elsewhere at the time of the crime
Alibi
Body of the crime
Corpus delecti
If any essential element of the crime charged is not proved beyond a reasonable doubt, the defendant is entitled to…
Acquittal
T/f
Decision to charge is not a function or responsiblity of the investigator
True
