Chapter 5: Search and Seizure with a Warrant

Question 1

____ v____ held that evidence obtained through illegal searches would be inadmissible on the state and federal level.

Answer 1

Mapp v Ohio (1961)

Question 2

The _____ rule, established in 1914 at the federal level, provides that evidence obtained in an unreasonable search and seizure will not be admissible in court.

Answer 2

exclusionary

Question 3

In Nix v Williams, SCOTUS held that the exclusionary rule only applies in _____ procedings

Answer 3

criminal

Question 4

What are five exceptions to the exclusionary rule?

Answer 4

1. Good faith
2. Impeachment purposes
3. Grand Jury proceedings
4. Non-criminal proceedings
5. Inevitable discovery

Question 5

The good faith exception is typically limited to errors made by who?

Answer 5

a magistrate

Question 6

In US v Leon, SCOTUS established what?

Answer 6

good faith exception

Question 7

In Nix v Williams, SCOTUS established what?

Answer 7

inevitable discovery & exclusionary rule as it pertains to right to counsel

Question 8

What are three general requirements under which a search warrant can be issued?

Answer 8

1. based on PC
2. supported by oath or affirmation
3. place to be searched and things to be seized are particularly described

Question 9

The _____ _____ doctrine allows the introduction of evidence initially discovered during, or as a consequence of, an unlawful search but later obtained independently from lawful activities untainted by the initial illegality.

Answer 9

independent source

Question 10

In Illinois v Gates, SCOTUS held that probable cause to support a search warrant must be determined by examining the _____ __ __ _____.

Answer 10

totality of the circumstances

Question 11

In _____ v _____, SCOTUS abandoned the two-pronged test established in Aguilar v Texas and Spinelli v US in favor the totality of the circumstances test.

Answer 11

Illinois v Gates

Question 12

According to State v Mitchell, officers can seize articles not described in the warrant under what three circumstances?

Answer 12

1. observed in plain view where an officer is in a place he has a right to be;
2. discovery is inadvertent; and
3. it is apparent to the officer that he is viewing evidence

Question 13

In executing a search warrant, what are five guidelines an officer must follow?

Answer 13

1. executed by officer(s) so commanded
2. executed within certain time limitations
3. only necessary force must be used
4. prior notice and demand should normally proceed forcible entry
5. only property described may be seized

Question 14

In US v Arttieri (1974), the court listed what three exceptions to the knock and announce rule?

Answer 14

1. person’s within already know of the officer’s authority and purpose;
2. person’s within are in immediate danger of bodily harm; or
3. those within, made aware of the presence of someone outside, are engaged in activity that lead the officer to believe that an escape or destruction of evidence is taking place

Question 15

In US v Banks (2003), the court established that police need only wait a ____ amount of time before breaking down the door when notice has been given without response. The court found that ___ seconds was reasonable.

Answer 15

reasonable; 20 seconds

Question 16

As established by SCOTUS, the Fourth Amendment requires that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence. This is known as the _____ ___ _____ rule.

Answer 16

knock and announce rule