Chapter 6 notes pt. 1 Flashcards
The fourth amendment contains what two critical legal concepts?
- a prohibition against unreasonable searches and seizures
2. the requirement of probable cause to issue a warrant
what is the legal term, as found in the 4th Amendment to the U.S. Constitution, that generally refers to the searching for and the confiscating of evidence by law enforcement agents
searches and seizures
reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person
probable cause
no specific meaning for ____________ exists
reasonableness
the concept of reasonableness is linked to ________ _______.
probable cause
what are the four sources of probable cause?
- personal observation
- information
- evidence
- association
what is an example of using personal observation for probable cause?
police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal
what are various ways law enforcement receives information (which results in probable cause)?
law enforcement officers receive information from victims, eyewitnesses, informants, and official sources such as police bulletins or broadcasts
True or False: as long as the information given to law enforcement is believed to be reliable, it’s a basis for probable cause.
True
police have probable cause for a search or seizure based on ___________.
evidence
What’s an example of using evidence to conduct a search or seizure?
a police officer sees a shotgun in plain view
true or false: association is adequate to establish probable cause
false; generally association isn’t adequate to establish probable cause
once an arrest is made, the arresting officer must prove to a _______ that _________ ________ existed.
judge
probable cause
Historically what have the courts looked to for guidance in regulating the activity of law enforcement officers?
The 14th Amendment
Why do we look toward the 14th Amendment and not the Constitution?
the language of the Constitution does not expressly guide the activity of law enforcement.
a rule under which any evidence that’s obtained in violation of the accused’s rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.
exclusionary rule
True or False: any evidence, even if it was obtained by unreasonable search or seizure, can be used against a defendant in a criminal trial.
False; any evidence obtained by an unreasonable search or seizure is inadmissible ( may not be used) against a defendant in a criminal trial.
evidence that’s acquired through the use of illegally obtained evidence and is, therefore inadmissible in court
fruit of the poisoned tree
what are the two exceptions to the exclusionary rule?
- the “inevitable discovery” exception
2. the “good faith” exception
What is the “inevitable discovery” exception?
the legal principle that illegally obtained evidence can be admissible (used) in court if police using lawful means would have “inevitably” descovered it
What is the “good faith” exception?
the legal principle that evidence obtained with the use of a technically, invalid search warrant is admissible (used), during trial if the police acted in good faith, when they sought the warrant from the judge.
The Fourth Amendment contains two critically important restrictions on police authority: a prohibition against __________ searches and seizures and a requirement of _________ ________ that a crime has been committed before a warrant for a search or seizures can be issued.
unreasonable
probable cause
judges rely on the ________ rule to keep _________ that has been improperly obtained by the police out of criminal courts.
exclusionary
evidence
In a stop and frisk what do law enforcement officers do?
- briefly detain a person they reasonably believe to be suspicious
- if they believe the person to be armed, proceed to pat down, or “frisk”, that person’s outer clothing.
what is racial profiling?
the practice of targeting people for police action based solely on their race, ethnicity, or national origin.
true or false: because an investigatory stop is not an arrest, there are limits to the extent police can detain someone who has been stopped.
true
a police officer can make a _________, which is not the same as an arrest, if she or he has a __________ suspicion that a criminal act is taking place or is about to take place.
stop
reasonable
Then, the officer has the ability to _________ the suspect for weapons as a protective measure.
frisk
Distinguish the difference between a frisk and a stop.
A stop is a separate act of detaining a suspect when an officer reasonably believes that a criminal activity is about to take place.
A frisk is the physical pat-down of a suspect.
What is the importance of the Terry vs Ohio case?
In Terry vs Ohio, the Supreme Court ruled that an officer must have “specific and articulable facts” before making a stop, but those facts may be “taken together with rational inferences”.
