Chapter 6- Police and the Constitution: The Rules of Law Enforcement

Question 1

A written statement of facts comfirmed by oath or affirmation of the party making it and made before a person having the authority to adminster the oath or affirmation

Answer 1

Affidavit

Question 2

To take into custody a person suspected of criminal activity

Answer 2

Arrest

Question 3

A written order, based on probable cause and issued by a Judge or magistrate, commanding that the person named on the warrant be arrested by the police

Answer 3

Arrest Warrant

Question 4

The use of physical force or mental intimidation to compel a person to do something-such as confess to committing a crime-against his/her will

Answer 4

Coersion

Question 5

Searches by police that are made after the subject of the search has agreed to the action. In these situations, consent if given of free will, validates a warrantless search

Answer 5

Consent Searches

Question 6

The questioning of a suspect after that person has been taken into custody. In this situation, the suspect must be read his/her Miranda rights before interrogation can begin.`

Answer 6

Custodial Interrogation

Question 7

The foreful detention of a person, or the perception that a person is not free to leave the immediate vicinity

Answer 7

Custody

Question 8

The use of electronic equipment by law enforcement agents to record private converstations or observe conduct that is meant to be private.

Answer 8

Electronic Surveillance

Question 9

A rule under which any evidence that is obtained in violation of the accused rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.

Answer 9

Exclusionary Rule

Question 10

Situations that require extralegal or exceptional actions by the police

Answer 10

Exigent Circumstances

Question 11

A pat-down or minimal search by police to discover weapons

Answer 11

Frisk

Question 12

Evidence that is acquired throught he use of illegally obtained evidence and is therefore inadmissible in court

Answer 12

Fruit of the Poisoned Tree

Question 13

The legal pricipal that evidence obatined with the use of technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant from the Judge.

Answer 13

“Good Faith” Exception

Question 14

The legal principal that illegally obtained evidence can be admissible in court if police using lawful means would have inevitabley discovered it

Answer 14

“Inevitable Discovery” Exception

Question 15

The direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession.

Answer 15

Interrogation

Question 16

The constitutional rights of accused persons taken into custody by law enforcement officials. such as the right to remain silent and the right to counsel.

Answer 16

Miranda Rights

Question 17

The legal pricinpal that objects in plain view of a law enformement agent who has the right to be in a position tohave that view may be sized without a warrant and introduced as evidence

Answer 17

Plain View Doctrine

Question 18

Reasonable grounds to believe the existance of facts warrainting certain actions, such as the search or arrest of a person.

Answer 18

Probable Cause

Question 19

The process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial

Answer 19

Search

Question 20

A written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigastors search a specific person, place or property to obtain evidence.

Answer 20

Search Warrant

Question 21

The legal term as found in the fourth ammendment to the US Consititution, that generally referes to the searching for and the confiscating of evidence by law enforment agents.

Answer 21

Search and Seizures

Question 22

Searches for weapons and evidence that are conducted on persons who have just been arrested.

Answer 22

Searches Incidental to Arrests

Question 23

The forcible taking of a person or property in response to a violation of the law

Answer 23

Seizure

Question 24

A brief detention of a person by law enforcement agents for questioning

Answer 24

Stop

Question 25

An arrest made without first seeking a warrant for the action

Answer 25

Warrantless Arrest

Question 26

The Fourth Amendment has beein interpreted to require _______________ that is a crime has been or will be committed before a search warrant can be issued.

Answer 26

Probable Cause

Question 27

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

Answer 27

Exclusionary

Question 28

A search is a government intrusion on the _____ of an individual.

Answer 28

Privacy

Question 29

Law enforment agents do not need a judge’s prior approval to conduct a search if the subject of the search gives her or his ______.

Answer 29

Consent

Question 30

A police officer can “stop” a suspect if the officer has a ________ suspicion that a criminal act is taking place or is about to take place.

Answer 30

Reasonable

Question 31

Following a stop, a police officer may _____ the suspect for weapons as a pretective measure.

Answer 31

Frisk

Question 32

An arrest occurs when a law enforcement officer takes a suspect into _____ on a criminal charge

Answer 32

Custody

Question 33

If a police officer has prior knowledge of a suspect’s criminal activity, he or she must obtain a ____ from a judge or magistrate before arresting the suspect.

Answer 33

Warrant

Question 34

In most cases, Miranda warning must be read to a suspect _________ a custodial interrogation takes place.

Answer 34

Before

Question 35

A suspect can _____ his/her Miranda rights, but this must be done “knowingly and intentionally”.

Answer 35

Waive