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5 detective full guide > CHAPTER E > Flashcards

CHAPTER E Flashcards

1
Q
  1. What clauses are significant about the 4th amendment. 2.
A
  1. Protection forum unreasonable searches and seizures clause.
  2. The warrants clause.
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2
Q
  1. What clause is important in the 5th amendment
A
  1. The privilege against self incrimination clause
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3
Q
  1. What clause is important about the 6th amendment clause 2
A
  1. Right for confrontation clause

2. The right to counsel clause

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4
Q
  1. What is probable cause
A
  1. The minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.
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5
Q
  1. How do officers establish probable cause 2.

2. What must an informant information be deemed

A
  1. Through their own observations
  2. Through hearsay, or a third party like informants
  3. Reliable and verifiable
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6
Q
  1. The exclusionary rule deals with what
  2. What does the exclusionary rule state
  3. What case is responsible for the exclusionary rule
A
  1. Issues of search and seizure
  2. That courts will exclude any evidence that was illegally obtained even though it may be relevant material
  3. Mapp vs Ohio
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7
Q
  1. What is an officers SCOPE OF THE SEARCH after arresting a person
A
  1. Officers can search only the arrested person and the immediate physical surroundings under the defendants control
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8
Q
  1. What is the Gant test.
  2. How many prongs must be true
  3. What are the 2 prongs
A
  1. A two prong test to determine if and what area can be searched
  2. Just one
  4. The first prong deals with access and states “ police may search a vehicle incident to a recent occupants arrest only if the arrestee is within reaching distance it the passenger compartment at the time of the search.
  5. The second prong permits the search of the passenger compartment of a motor vehicle following the arrest of a recent occupant of that the vehicle when “ it is reasonable to believe the vehicle contains evidence of the arrest”
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9
Q
  1. What are the 3 exceptions to the exclusionary rule

10

A
  1. The good faith exception.
  2. The inevitable discovery doctrine
  3. The computer errors exception
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10
Q
  1. What is the most important aspect to serving a search warrant
A
  1. The briefing
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11
Q
  1. For a search warrant to be legal it must meet requirements. What are the 3 legal requirements
A
  1. It just be authorized by the proper official
  2. It just be issued only for specifically authorized objects.
  3. It must be issued on probable cause
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12
Q
  1. What information must the search warrant include 5
A
  1. Reasons to request the search
  2. Name of the officer requesting the warrant
  3. Items to be seized
  4. Specific place to be searched
  5. Signature if the issuing judge.
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13
Q
  1. What must be prepared before obtaining a search warrant
A
  1. An affidavit
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14
Q
  1. What does the affidavit tell the judge 3
A
  1. What is being search for - contraband , instruments of crime , weapons , fruits of crime
  2. Where the search is to occur - residence , business , vehicle
  3. Why the search is to be conducted - probable cause is adequately outlined, facts establishing probable cause
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15
Q
  1. What is A SEARCH WARRANT RETURN.
  2. Where is the search warrant returned to
  3. Within how long must the search warrant return , be returned
A
  1. An itemized inventory of all property snd material seized by the officers at the location of the search
  2. A copy is left with the defendant
  3. And the return itself is returned to the issuing judge.
  4. Within 24 hours after the search
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16
Q
  1. What is an ANTICIPATORY SEARCH WARRANT
  2. When can an anticipatory search warrant be executed
  3. What is the specific event called
A
  1. A search warrant that is based on an affidavit showing probable cause to believe that at some future time , particular evidence of a crime will be located at a particular place
  2. Not until a specific event has occurred
  3. The triggering conditions
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17
Q
  1. Where what circumstances are warrantless searches authorized.
A
  1. Consent searched.
  2. Searches under exigent circumstances
  3. Searches incident to lawful arrest
  4. Stop and frisk searches
  5. Plain view searches
  6. Automobile searches
  7. Open field searches
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18
Q
  1. When is a consent search helpful to officers

2. How must consent to search be given

A
  1. When officers have no legal basis for obtaining a search warrant.
  2. A consent search just be authorized voluntarily, with no coercion from officers.
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19
Q
  1. What must first happen for consent to be valid

20

A
  1. Officers must first establish that the person giving consent has legal authority to do so
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20
Q
  1. What will happen if the consenting person changes his mind.
A
  1. Then the search must cease immediately
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21
Q
  1. When can police do a warrantless search for an emergency search
  2. What do the courts define as exigent circumstance
A
  1. When exigent circumstances exist
  2. When the time it would take to get a warrant would jeopardize public safety or
  3. Lead to the loss of important evidence or suspect escaping
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22
Q
  1. What is required for an officer to stop and detain somebody
  2. What case give police the authority to conduct field interviews (investigatory detentions ) and pat down searches
A
  1. Reasonable suspicion that the suspect is involved in criminal activity
  2. Terry vs Ohio
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23
Q
  1. Are field interviews or investigative detentions considered seizures
  2. What is not considered a seizure
A
  1. Yes

2. A consensual encounter

24
Q
  1. What is the difference between the seizure of a field interview ( investigative detention) and a non seizure of consensual encounter
A
  1. If the suspect feels completely free to leave
25
Q
  1. What 4 factors do the courts use to determine if a suspect was free to leave or not. And what would make the stop an investigative detention or a consensual encounter
A
  1. Interference with the suspects freedom of movement
  2. Number of officers and their behavior
  3. Physical Contact with the suspect
  4. Retaining personal property of the suspect
26
Q
  1. When is the only time a field interview ( investigative detention ) is justified
A
  1. When an officer has reasonable suspicion to believe a suspect is engaged in criminal activity
27
Q
  1. What did courts historically say about a person fleeing

2. What is the newest ruling in fleeing

A
  1. That fleeing does not justify an officer to pursue and stop the individual.
  2. It didn’t change much but . That fleeing can now be included as one more element that police may consider in determining whether reasonable suspicion exists to justify a terry stop
28
Q
  1. Pertaining to a frisk or search What if a stop is invalid.
  2. What if the stop is valid. When is the pat down also automatically done
A
  1. Then the pat down search is invalid also
  2. No. There must be a separate basis for the pat down search. Have to believe may possess a weapon and be a threat to the officers safety
29
Q
  1. During a stop. What factors may lead an officer to believe that a person has a weapon

30

A

The circumstances of the stop.

  1. Number of suspects
  2. Number of officers present
  3. Time of day
  4. Location of the stop.
  5. Behavior of the stop
  6. Visual indication that the suspect may be carrying a weapon.
  7. Bulges.
  8. Prior knowledge the officer may have
30
Q
  1. Where does the legal basis for pat down searches and field interviews come from
A
  1. Terry VS OHIO
31
Q
  1. What is Needed for a plain View search to be valid 3
A
  1. Officer must be present lawfully at the location to be searched
  2. The item seized must have been found inadvertently
  3. The item is contraband or would be useful as evidence of a crime
32
Q
  1. What can officers NOT do in order to get evidence in the plain view doctrine
A
  1. Officers cannot move objects to gain a better view.
33
Q
  1. What is curtilage
  2. Is curtilage protected under the 4th amendment
  3. What does this mean
A
  1. Buildings , houses , and the area surrounding them, it is basically a persons yard.
  2. Yes.
  3. You need a search warrant to search curtilage. ( the house and it’s yard)
34
Q
  1. Are open fields and pastures considered curtilage.
  2. Are open fields protected under the 4th amendment
  3. What does this mean
  4. What’s not protected by the constitution
A
  1. No.
  2. No.
  3. You do not need a warrant to search an open field
  4. Open fields and pastures outside the curtilage are not protected
35
Q
  1. What are the 4 factors when determining curtilage
A
  1. The proximity of the area to the home.
  2. Whether the area is within an enclosure surrounding the home.
  3. The nature and uses of the area.
  4. The steps taken to conceal the area from public view.
36
Q
  1. What time of day are misdeamenors arrest warrants issued ONLY
  2. What time of day is authorized for felony warrants
A
  1. ONLY during daytime hours

2. Daytime or nighttime service hours

37
Q
  1. When determining an arrest or detention. Police interaction is classified into 4 categories
A
  1. Contact.
  2. Consensual encounter
  3. Investigative encounter
  4. Arrest.
38
Q
  1. What is contact

2. What is consensual encounter

A
  1. The subject is free to walk away if if he or she desires. It is the sole decision of the subject whether or not to cooperate with an officer
  2. The officer may not exert any Authoruty over the subject. Officers can continue to seek the subjects cooperation but cannot demand it
39
Q
  1. What is investigative detention
  2. What is arrest

40

A
  1. Defined as something less then an arrest but more then a consensual encounter. This is when a subject thinks that he or she cannot walk away
  2. Act of placing a person in custody for s suspected violation of criminal law
40
Q
  1. What are the 3 constitutional requirements that must exist for s terry stop to be lawful
A
  1. The officer must be able to point to objective facts and circumstances that would warrant a reasonable police officer to link the detainees conduct with possible criminal activity
  2. The officer must proceed with the investigation as expeditiously as possible to avoid unnecessarily prolonging the period of involuntary detention.
  3. The officer must stay within the narrow investigative boundaries allowed for reasonable suspicion in terry stop situations.
41
Q
  1. In order to establish reasonable suspicion, the officer must possess what
A
  1. Reasonable grounds for suspecting that the person detained has committed , is committing , or is about to commit a crime
42
Q

PROBABLE CAUSE.

  1. When does an officer have probable cause to make an arrest.
  2. Probable cause is the same as reasonable suspicion except it has one additional key part. What is it
  3. The 4th amendment requires probable cause for 4 different purposes
A
  1. Whenever the totality of the circumstances know to the officer creates a FAIR PROBABILITY that a particular person is guilty of s crime
  2. Probable cause requires evidence that establishes a higher probability of guilt.
  3. For a warrantless arrest.
  4. For the issuance of an arrest warrant.
  5. For the issuance of a search warrant.
  6. For a warrantless search and seizure
43
Q
  1. The police should never do the following unless they have probable cause 2.
  2. What should police avoid doing during a terry stop 4
A
  1. Never Take a suspect against his will to the police station
  2. Never search a suspect unless consent is given
  3. Never give Miranda warnings before having grounds for an arrest.
  4. Never perform a weapons frisk without reasonable suspicion of armed and dangerous
  5. Transport detainees to a second location unless is necessary for safety
  6. Display weapons , use handcuffs , place in patrol car , or other acts associated with arrest
44
Q
  1. When is a person under arrest

2. What 2 ways can a seizure take place

A
  1. When a law enforcement officer restricts their freedom to leave
  2. Seizure by submission - person feels not free to leave
  3. Seizure by physical restraint.
45
Q

I. What is the max time a terry stop can be

A
  1. Brief. 90 minutes maximum
46
Q
  1. How is police use of force judged what is the term

2. What does that mean

A
  1. Objectively reasonable

2. The force must be reasonable and judged from the perspective of a reasonable officer at the scene

47
Q
  1. 3 key factors can be used to evaluate the extent of an officers use of force
A
  1. The severity of the crime committed
  2. Whether the suspect poses an immediate threat to the safety of the officer or others
  3. Whether the suspect actively resisted arrest or attempted to evade arrest
48
Q
  1. Use of force is authorized for 3 situations.

2. What amendments regulate the use to force

A
  1. To protest the officer or others from Danger.
  2. To overcome resistance
  3. To prevent escape
  4. The 4th , 8th , and 14th.
49
Q
  1. Under what 3 circumstances is REASONABLE DEADLY FORCE authorized

50

A
  1. To prevent an escape when the suspect has threatened an officer with a weapon.
  2. When there is a threat or death or serious physical injury to the officer of others.
  3. If there is probable cause to believe that the suspect had committed s crime involving the infliction or threatened infliction of serious physical injury.
50
Q
  1. Of paramount importance in criminal investigations is the officers ability to be aware of an work within …….
  2. What are citizens of the United States protected under
A
  1. Constitutional rights and departmental guidelines

2. The Bill of Rights

51
Q
  1. Under the bill of rights , citizens are guaranteed three classes of rights
A
  1. Privileges and immunities of citizens of the United States
  2. Due process of law
  3. Equal protection under the law.
52
Q
  1. What amendment deals with search and seizure
A
  1. The 4th amendment.
53
Q
  1. How do officers generally establish probable cause

2. How can probable cause also be established

A
  1. Through their own observations

2. Through hearsay information, and informants.

54
Q
  1. What is one of the most valuable tools in criminal investigation
A
  1. A search warrant
55
Q
  1. What are several advantages to a getting a search warrant
A
  1. It authorizes officers to enter locations and search for specific items
  2. It can be used to recover stolen property, seize drugs/contraband, seize any other type of peppery
  3. Evidence obtained through a warrant is more readily accepted by courts then if seized without one.
  4. The officer is protected from civil liability when a warrant is obtained.
  5. It benefits the prosecutor by shifting the legal burden to the deft.
56
Q
  1. What are the exceptions to when a search warrant is necessary
A
  1. Consent searches
  2. Searches under exigent circumstances
  3. Searches incident to lawful arrest
  4. Stop and frisk searches
  5. Plain view searches
  6. Automobile searches
  7. Open field searches
57
Q
  1. What was passed extending the 14th amendment

2. Under the 14th amendment citizens were guaranteed what three classes if rights

A
  1. Due process
  2. Privileges and immunities of citizens of the United States.
  3. Due process of law
  4. Equal protection under the law

5 detective full guide (121 decks)

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