Chapter 6 notes pt. 1

Question 1

The fourth amendment contains what two critical legal concepts?

Answer 1

1. a prohibition against unreasonable searches and seizures

2. the requirement of probable cause to issue a warrant

Question 2

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

Answer 2

searches and seizures

Question 3

reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person

Answer 3

probable cause

Question 4

no specific meaning for ____________ exists

Answer 4

reasonableness

Question 5

the concept of reasonableness is linked to ________ _______.

Answer 5

probable cause

Question 6

what are the four sources of probable cause?

Answer 6

1. personal observation
2. information
3. evidence
4. association

Question 7

what is an example of using personal observation for probable cause?

Answer 7

police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal

Question 8

what are various ways law enforcement receives information (which results in probable cause)?

Answer 8

law enforcement officers receive information from victims, eyewitnesses, informants, and official sources such as police bulletins or broadcasts

Question 9

True or False: as long as the information given to law enforcement is believed to be reliable, it’s a basis for probable cause.

Answer 9

True

Question 10

police have probable cause for a search or seizure based on ___________.

Answer 10

evidence

Question 11

What’s an example of using evidence to conduct a search or seizure?

Answer 11

a police officer sees a shotgun in plain view

Question 12

true or false: association is adequate to establish probable cause

Answer 12

false; generally association isn’t adequate to establish probable cause

Question 13

once an arrest is made, the arresting officer must prove to a _______ that _________ ________ existed.

Answer 13

judge

probable cause

Question 14

Historically what have the courts looked to for guidance in regulating the activity of law enforcement officers?

Answer 14

The 14th Amendment

Question 15

Why do we look toward the 14th Amendment and not the Constitution?

Answer 15

the language of the Constitution does not expressly guide the activity of law enforcement.

Question 16

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.

Answer 16

exclusionary rule

Question 17

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.

Answer 17

False; any evidence obtained by an unreasonable search or seizure is inadmissible ( may not be used) against a defendant in a criminal trial.

Question 18

evidence that’s acquired through the use of illegally obtained evidence and is, therefore inadmissible in court

Answer 18

fruit of the poisoned tree

Question 19

what are the two exceptions to the exclusionary rule?

Answer 19

1. the “inevitable discovery” exception

2. the “good faith” exception

Question 20

What is the “inevitable discovery” exception?

Answer 20

the legal principle that illegally obtained evidence can be admissible (used) in court if police using lawful means would have “inevitably” descovered it

Question 21

What is the “good faith” exception?

Answer 21

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.

Question 22

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.

Answer 22

unreasonable

probable cause

Question 23

judges rely on the ________ rule to keep _________ that has been improperly obtained by the police out of criminal courts.

Answer 23

exclusionary

evidence

Question 24

In a stop and frisk what do law enforcement officers do?

Answer 24

1. briefly detain a person they reasonably believe to be suspicious
2. if they believe the person to be armed, proceed to pat down, or “frisk”, that person’s outer clothing.

Question 25

what is racial profiling?

Answer 25

the practice of targeting people for police action based solely on their race, ethnicity, or national origin.

Question 26

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.

Answer 26

true

Question 27

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.

Answer 27

stop

reasonable

Question 28

Then, the officer has the ability to _________ the suspect for weapons as a protective measure.

Answer 28

frisk

Question 29

Distinguish the difference between a frisk and a stop.

Answer 29

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.

Question 30

What is the importance of the Terry vs Ohio case?

Answer 30

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”.