Chapter 5 Pt. 1 Flashcards

1
Q

Arrest in people’s ________ _______ cannot be made without a warrant unless extingent circumstances exist (hot pursuit)

A

Private residences

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2
Q

Arrests in the homes of third parties are impermissible without a search warrant and an arrest warrant, again providing that no exigent circumstances exist.

A

True

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3
Q

Arrests in the home must be accompanied by warrant if _________________.

A

No exigent circumstances exist

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4
Q

Two types of arrests do not require warrants
1.
2.

A
  1. Arrests in public

2. Arrests in the presence of exigent circumstances

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5
Q

Are warrants required for public arrests?

A

No

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6
Q
Five common types of exigencies justify warrant less arrest 
1.
2.
3.
4.
5.
A
  1. Hot pursuit
  2. Danger to officers
  3. Danger to third parties
  4. Possible escape
  5. Possible destruction of evidence
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7
Q

What is the Supreme Court case where they ruled that if police have probable cause to believe a person who is being pursued has fled into private residence, the officers can follow that suspect into the residence (or other private structure).

A

Warden v. Hayden

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8
Q

The Hayden decision thereby ushered in the “hot pursuit” doctrine.

A

True

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9
Q
  1. Knock and announce requirement
  2. Property damage during the service of a search or arrest warrant
  3. Deadly force
  4. Wrongful arrests
A

Significant restriction concerning the service of warrants

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10
Q

What case did the court hold that the police can abandon the knock and announce requirements if they have reasonable suspicion that such a requirement would be dangerous or futile or that it would inhibit the effective investigation of the crime by for example allowing the destruction of evidence?

A

Richards v. Wisconsin

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11
Q

Mere entry without an announcement constitutes what?

A

Breaking and entering in the eyes of the Supreme Court

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12
Q

When the damage becomes excessive the fourteenth amendments due process clause kicks in.

A

True

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13
Q

What is authorized when the crime in question is a felony and when such force creates no substantial risk to innocent persons and the officer reasonably believes that there is a substantial risk tha to the fleeing felon will inflict harm on other people or pice officers?

A

Deadly force

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14
Q

What is the Supreme Court case that held that deadly force to effect an arrest may be used only when 1 it is necessary to prevent the suspects escape 2 the officer has probable cause to believe the suspect poses a threat of death or serious physical injury to other people or police officers?

A

Tennessee v. Garner

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15
Q

What court case set the standard for the use of non deadly force. The court declared that all claims against police officers involving allegations of excessive force must be analyzed under the fourth amendments reasonableness requirement?

A

Graham v. Connor 1989

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16
Q

What court case was about media and Washington post reporter entering comic Wilson’s home

A

Wilson v. Layne

17
Q

What is wheaten the officers could be immune from liability because of their mistake was hotly disputed.

A

Qualified immunity

18
Q

Is it a violation of the fourth amendment for police officers to allow members of the media to accompany them when they serve arrest warrants?

A

Yes

19
Q

What is the purpose of search warrants?

A

To seize property

20
Q

Can a law enforcement officer look for contraband anywhere in a location for the evidence?

A

No

21
Q

The knock and announce requirement applies to search warrants provided no exigences exist?

A

True

22
Q

Daytime hours for search warrants are between what times?

A

6 am and 10 pm

23
Q

What refers to where the police can look for evidence?

A

Scope

24
Q

What refers to the actual physical actions the police can take in order to find the items named in the warrant?

A

Manner

25
Q

What is permissible but this can occur only if there is a reasonable fear for officer safety?

A

Frisk

26
Q

What can give rise to a search for example if a gun is found on a suspect during the course of a pat down ?

A

Frisk

27
Q

Police are required to inventory the items seized during a search

A

True

28
Q

What court case did they take a man to the hospital mad pump his stomach and “shocked the conscience”” violating his fourteenth amendment right to due process?

A

Rochin v. California 1952

29
Q

What are not issued on particularizad probable cause instead they are issued once it is shown that the location inspected is chosen according to a prescribed plan relying on neutral criteria?

A

Administrative search warrant