Chapter 2: Legal Aspects of Investigation

Question 1

The _______deals with those elements that describe and define a crime. When an investigator has the needed proof to satisfy the particular element of an offense, it can be said that the crime did occur.

Answer 1

Substantive Criminal Law

Question 2

The _______ changes much more rapidly than does the substantive criminal law. It also deals with the processes of arrest, search, and seizure, interrogations, confessions, admissibility of evidence, and testifying in court.

Answer 2

Procedural Law

Question 3

_______ states no shall any person be deprived of life, liberty or property without due process of law. The concept has long been the subject of judicial controversy and has no universally accepted definition.

Answer 3

Due Process Clause

Question 4

_______ us the landmark 1963 case in which the U.S. Supreme Court ruled that the impression of any evidence by the prosecution favorable to the accused violates the premise of fundamental fairness through the due process clause is on the 4th and 14th amendments of the constitution.

Answer 4

Brady v Maryland

Question 5

_______ is the case in which the court extended the obligation to share exculpatory information with the defendant to include information concerning the credibility of the prosecution’s witnesses, including individual police officers.

Answer 5

Giglio v United States

Question 6

The three essential ingredients of death are:

Answer 6

1. Intention
2. Authority
3. Custody

*Arrest = CIA

Question 7

The stop-question-and-frisk program developed in New York City in the 1990s as part of the “zero-tolerance program” was aimed at reducing:

Answer 7

1. Public drinking.
2. Public urination.
3. Graffiti and vandalism.
4. Various other street crimes in the core business center.

Question 8

Formally charging a suspect with a crime does not automatically fall from an arrest. Charging follows a decision to:

Answer 8

Prosecute

Question 9

The laws of most jurisdictions permit an arrest in at least three and sometimes four types of situations:

Answer 9

1. When a warrant has been issued.
2. When a crime is committed in the presence of an arresting officer.
3. When an officer has probable cause to believe that the suspect being arrested has committed a felony.
4. In statutorily created instances.

Question 10

The preferred method of affecting an arrest is under the authority of ________

Answer 10

an arrest warrant.

Question 11

The form and contents of an arrest warrant usually include:

Answer 11

1. The authority under which the warrant is issued (name of state).
2. The person who is to execute the warrant.
3. The identity of the person to be arrested.
4. The designation of the offense.
5. The date, time, and place of the occurrence.
6. The name of the victim.
7. A description of the offense and how it occurred.

Question 12

Prosecutors found a way to prevent the 15-year statute of limitations from destroying the possibility of bringing rapists to trial. In cases that have _______ evidence, prosecutors are obtaining indictments against “John Does” based on their DNA profiles.

Answer 12

DNA

Question 13

The most common factor in determining probable-cause is the personal knowledge of the _______

Answer 13

Officer/Investigator

Question 14

The _______ describes a process whereby state officials would illegally seize evidence and then turn that evidence over to federal authorities to use in federal courts.

Answer 14

Silver Platter Doctrine

Question 15

The _______ Rule banned evidence illegally obtained on the federal level so federal agents circumvented the Rule by getting the evidence from local officers even though it was obtained illegally.

Answer 15

Federal Exclusionary

Question 16

In 1961 _______ established the rule that any evidence unreasonably searched and seized would no longer be admissible in any court, state or federal. The Exclusionary Rule was now applicable in all courts at all levels.

Answer 16

Map v Ohio

Question 17

Legal search and seizures can be made:

Answer 17

1. When a warrant has been issued.
2. With consent.
3. Incident to an arrest.
4. Of a motor vehicle.
5. When an emergency exists (exigent circumstances).
6. To conduct an inventory.

Question 18

Two areas that can’t truly be called searches and seizures are:

Answer 18

1. Plain View Seizures

2. Stop and Frisk Encounters

Question 19

In 2006 the Supreme Court rules in _______ that violation of the knock and announce requirement for the service of a search warrant will no longer result in the suppression of evidence found during execution of the search warrant.

Answer 19

Hudson v Michigan

*Be advised that suppression of evidence still applies in Massachusetts.

Question 20

In _______ the court created the “moveable vehicle rule”. The court held that if there was sufficient probable cause to get a warrant but because the vehicle was moveable, it might be gone if time were taken to get a warrant, a warrantless search was justified.

Answer 20

Carroll v United States

Question 21

In order to justify a warrantless vehicular search incident to arrest conducted after the vehicle’s recent occupants have been arrested and secured, _______ states the officers must demonstrate an actual and continuing threat to their safety or a need to preserve evidence related to the crime.

Answer 21

Arizona v Gant

Question 22

In _______, the Supreme Court held that Law Enforcement officers may enter a home without a warrant when there is an objectively reasonable basis to believe that an occupant is seriously injured imminently threatened with a serious injury.

Answer 22

Brigham City v Stewart

Question 23

A 2016 report analyzing traffic enforcement in the city of San Diego California found that the ____________ is the use of race to determine which drivers to stop for minor traffic violations (commonly referred to as driving while black or brown) or the use of race to determine which pedestrians to search for illegal weapons and/or contraband.

Answer 23

Most common examples of racial profiling

Question 24

_______ were more likely than white drivers to be searched, including their vehicles, following a traffic stop.

Answer 24

Black and Hispanic

Question 25

According to _______, if an investigator/officer is lawfully in a place and sees contraband or evidence in plain view, the investigator may seize the evidence, and it will be admissible.

Answer 25

Plain View Seizures

Question 26

Where a person is acting suspiciously and the officer is concerned about his own safety when approaching such an individual, _______ states the officer may pat down the outer clothing to determine if the person has a weapon even though there was no arrest. If a weapon is found, it may be seized, and if its possession is a violation of the law, it is admissible in a subsequent proceeding.

Answer 26

Terry v Ohio

Question 27

_______ provides that evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before.

Answer 27

Fruits of the Poisonous Tree Doctrine