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