CH 5 legal issues in criminal investigation

Question 1

The _____ states that courts will exclude any evidence that was illegally obtained even though it may be relevant and material

Answer 1

exclusionary rule

Question 2

This case established that a search made incidental to a lawful arrest must be confined to the area around the suspect’s immediate control.

Answer 2

Chimel v California

Question 3

In United States vs Leon, it allows the use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid. This known as ____ exception

Answer 3

Good-faith

Question 4

Nix v Williams case states that evidence that has been seized illegally or evidence stemming from illegally seized evidence is admissible if the police can prove that ___________

Answer 4

they would have inevitably discovered it anyway by lawful means.

Question 5

A search warrant benefits the prosecutor by shifting legal burden to the ________

Answer 5

defendant

Question 6

Florida v Royer held that evidence obtained as a result of a consent search when the detention was made without probable cause is a _______ and will be excluded.

Answer 6

violation of the defendant’s Fourth Amendment rights

Question 7

In order for the officer to stop the citizen from walking away, thus beginning an investigative detention, ______ is required.

Answer 7

reasonable suspicion

Question 8

in Illinois v Wardlow it was determined that _______ constitutes an additional factor for determining reasonable suspicion to conduct an investigative detention.

Answer 8

fleeing

Question 9

The Carroll doctrine established that the right to search a vehicle does not depend on the right to arrest the driver but on the premise that the contents of the vehicle

Answer 9

contain evidence of a crime. Because of the mobility of the automobile, the warrantless search under Carroll is justified.

Question 10

It is the _____ that is one of the most critical aspects of an investigators responsibilities

Answer 10

arrest

Question 11

the most common type of arrest is that which follows ________

Answer 11

the questioning of a suspect

Question 12

Investigatory stops are allowed on a lower degree of suspicion than arrests because they are designed to be __________

Answer 12

less intrusive than arrests

Question 13

What are the 3 key factors based on the totality of the circumstances to use in evaluating the officers use of reasonable force under Graham v Connor

Answer 13

1. the severity of the crime committed 2. whether the suspect posed an immediate threat to the safety of officers or others 3. Whether the suspect actively resisted arrest or attempted to evade arrest by flight

Question 14

Tenessee v Garner (fleeing felon) states reasonable deadly force is authorized under 3 circumstances:

Answer 14

1. to prevent an escape when the suspect has threatened an officer with a weapon. 2. when there is a threat of death or serious physical injury to the officer or others 3. if there is PC to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical injury and, when practical, some warning has been given by the officer

Question 15

Before 1985, police officers were________ by most states to use deadly force in apprehending fleeing felons.

Answer 15

legally authorized

Question 16

physical force may be used for the following three purposes only

Answer 16

1. to protect the officer or others from danger
2. to overcome resistance
3. to prevent escape