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Intro To Criminal Justice > Chapter 7 > Flashcards

Chapter 7 Flashcards

1
Q

The popular name given to the first ten amendments to the U.S. Constitution which are considered especially important in the processing of criminal defendants

A

Bill of rights

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2
Q
  • Searches
  • Seizures
  • Stop and frisk
  • Arrests

Are all components of which amendment?

A

4th

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3
Q

Which case is associated with the exclusionary rule?

A

Weeks v. US

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4
Q

Which case is associated with the Fruit of the Poisonous tree doctrine?

A

Silverthorne Lumbe Co. v. US

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5
Q

Which case is associated with the protection of people not places?

A

US v. Rabinowitz

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6
Q

The exclusionary rule and sate law enforcement are addressed in what case?

A

Mapp v. Ohio

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7
Q

Immediate control in regards to search and seizure is addressed by which case?

A

Chimel v. California

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8
Q

Good faith exception to the exclusionary rule is dealt with in which case?

A

US v. Leon

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9
Q

Ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects

A

Plain view doctrine

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10
Q

What are the 4 court cases involving the plain view doctrine?

A

Harris v. US
US v. Irizarry
Arizona v. Hicks
Horton v. California

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11
Q

What are the 3 elements of a warrant?

A
  1. ) Neutral Magistrate
  2. ) Probable cause
  3. ) Particularity
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12
Q

Four exceptions to the warrant requirements are…

A
  1. ) Searches incident to arrest
  2. ) Consent searches
  3. ) Exigent circumstances searches
  4. ) Vehicle
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13
Q

Emergency searches fall under which warrant exception?

A

Exigent circumstances searches

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14
Q

What are the two components of the vehicle warrant exception?

A
  1. ) Road blocks

2. ) Fleeing-target exception

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15
Q

2 components of stop and frisk

A
  1. ) Reasonable suspicion

2. ) Probable cause

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16
Q

A general and reasonable belief that a crime is in progress or has occured

A

Reasonable suspicion

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17
Q

A reasonable belief that a particular person has committed a specific crime

A

Probable cause

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18
Q

What 2 distinct behaviors does stop and frisk encompass?

A
  1. ) stops are seizures

2. ) Frisks are searches

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19
Q

What are the 4 big civil liability issues?

A
  1. ) Civil remedies
  2. ) Criminal remedies
  3. ) Non-judicial remedies
  4. ) Exclusionary remedies
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20
Q

The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, delinquent act, or a status offense terminating with a recording of a specific offense

A

Arrest

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21
Q

What are the 4 court cases that are in regards to arrest?

A
  1. ) US v. Mendenhall
  2. ) US v. Robinson
  3. ) US v. Sokolow
  4. ) Minnesota v. Dickerson
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22
Q

Police have the authority to ________ a person after arrest

A

Interrogate

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23
Q

Aguilar v. Texas (2 pronged standard) deals with…

A

Informants

24
Q

The US supreme court ruled that informant information can establish probable cause if what 2 things are met?

A
  1. ) the source of the informant’s information is made clear

2. ) the police officer has a reasonable belief that the informant is reliable

25
Q

The 2 pronged test of Aguilar v. Texas was intended to prevent what?

A

The issuance of warrants on the basis of false or fabricated information

26
Q

2 aspects to interrogation

A
  1. ) Inherent coercion

2. ) Psychological manipulation

27
Q

True/False

Opportunity to exercise their Miranda rights does not have to be afforded to the suspect throughout the interrogation

A

False - they have the right to use them at any point in time

28
Q

True/False

After such warnings have been given a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement

A

True

29
Q

2 aspects of the knowing waiver if the Miranda rights

A
  1. ) Suspect’s native language

2. ) Understand the advisement

30
Q

Understand the consequences of not invoking rights

A

Intelligent waiver

31
Q

When was the public safety exception to Miranda created and in what court case?

A

1984, New York v. Quarles

32
Q

Considerations of public safety override the Miranda requirement in order to prevent further harm

A

Public Safety Exception to Miranda

33
Q

6 methods of data gathering?

A
  1. ) USA PATRIOT Act of 2001
  2. ) Body cavity searches
  3. ) Electronic eavesdropping
  4. ) Electronic evidence
  5. ) Latent evidence
  6. ) Digital criminal forensics
34
Q

What 3 principles establish the rule of law?

A
  1. ) Absolute supremacy or predominance of regular law
  2. ) Equality before the law
  3. ) Law of the US Constitution as a consequence of the rights of individuals as defined and enforced by the courts
35
Q

The means are more important than the ends

A

The rule of law

36
Q

Police officers need to constantly hone their knowledge of the legal aspects of their occupation because of…

A

Our dynamic legal system

37
Q

The 4th amendment serves what three primary functions?

A

1.) Intended to limit overzealous behavior by the police
2,) Requires warrants to be issued by a neutral magistrate
3.) Balances individual’s right to privacy with society’s right to search

38
Q

Probable cause is…

A

The standard for legal arrest

39
Q

Probable cause is more than a mere_____ but less than actual _________

A

Hunch, knowledge

40
Q

What 2 things does the court look at in regards to the probable cause an officer had at the time of the arrest?

A
  1. ) type

2. ) amount

41
Q

Requires that all evidence obtained in violation of the fourth amendment be excluded from the government’s use in a criminal trial

A

Exclusionary rule

42
Q

Mapp v. Ohio did what?

A

Applied exclusionary rule to the state courts

43
Q

4 modifications of the exclusionary rule

A
  1. ) Public safety exception
  2. ) Inevitability of discovery exception
  3. ) Good faith exception
  4. ) Unrelated illegal conduct
44
Q

Christian burial speech falls under which modification of the exclusionary rule?

A

Inevitability of discovery exception

45
Q

Primary guarantee of personal freedom in a democracy

A

Write of habeas corpus

46
Q

the writ of habeas corpus requires…

A

Incarcerated person to be brought before a judge for investigation into the restraint of that person’s liberty

47
Q

Writ of habeas corpus is a means of remedying ______ arrest or other illegal detention

A

Wrongful

48
Q

Why are legal provisions on arrest important?

A

They prevent possibly harmful police actions

49
Q

Officers must obtain warrants when making what kind of arrests, assuming there are no exigent circumstances?

A

Felony

50
Q

Officer swears in an ______ that they have certain knowledge that a particular person committed an offense

A

Affidavit

51
Q

What does a warrentless arrest require?

A

Exigent circumstances and probable cause

52
Q

True/False

Street officers rarely have the time or opportunity to effect arrests with a warrant in time

A

True

53
Q

Police must have ______ _____ to take a person into custody and to police station for interrogation

A

Probable cause

54
Q

True/False

Police can randomly stop a single vehicle to check registration and license

A

False - they cannot

55
Q

Who can the police arrest in a vehicle where drugs are found

A

Everyone

56
Q

A person arrested without a warrant must have…

A

Prompt initial appearance

57
Q

True/False

Police may enter a home without a warrant if they reasonably believe an occupant is/ is about to be seriously injured

A

True

Intro To Criminal Justice (8 decks)

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