[CJ] Chapter 6: Search and Seizure

Question 1

4th Amendment

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 2

What are the two rights in the fourth amendment?

Answer 2

The right to privacy, (each individual with regard to his person home, property, and processions.) and,
The right of the police to investigate criminal activity in order to maintain order within our society.

Question 3

What makes a search reasonable?

Answer 3

A search is unreasonable unless a judge has issued a search warrant.

Question 4

Search warrant

Answer 4

It is a legal document that authorizes a police officer to search a particular person or place.

Question 5

Totality of the circumstance

Answer 5

Considering all of the factors of circumstance involving the case.

Question 6

Probable cause

Answer 6

Meaning “it is more likely than not” that the person has committed the crime.

Question 7

What should be established in order for a search warrant to be issued to the police?

Answer 7

Probable cause should be established.

Question 8

Is a search warrant always required for search and seizing?

Answer 8

No, Obtaining a warrant is not always required in certain circumstances, (Search incident to a lawful arrest [SILA], Plain view, Consent, Hot pursuit, Emergencies)

Question 9

Whenever a police officer has not obtained a warrant, one of the exceptions must apply in order for the search to be legal and valid…?

Answer 9

The primary exceptions are 1) search incident to a lawful arrest, 2) plain view, 3) consent, 4) hot pursuits, and 5) emergencies.

Question 10

Search incident to a lawful arrest [SILA]

Answer 10

When an officer makes a lawful arrest they are allowed to search the person and any areas into which the suspect might reach to obtain weapons or destroy evidence. The search must be conducted at the time of the arrest.

Question 11

Plain View

Answer 11

Objects as long as those objects are in plain view such as drugs gone etc. It does not matter that the officer did not have a probable cause to arrest the person before seeing those items.

Question 12

Does it matter, (for plain view) that the police did not have probable cause to arrest the person before seeing their items?

Answer 12

NO!! It does NOT matter that the officers did not have probable cause to arrest the person before seeing those items in plain view.

Question 13

Consent

Answer 13

When the person suspected voluntarily and intelligently gives their consent. And a person who has an equal right to use the property, which the police desires to search, may consent to the search.

Question 14

Hot pursuit

Answer 14

When a police officer is chasing a fleeing subspect, they may search and seize in order to ensure that any evidence is not destroyed. They may also pursue the criminal into a private dwelling or building, without obtaining a warrant.

Question 15

Emergencies

Answer 15

In situations, where an emergency exists, a police officer can enter the promise without a warrant to protect light or property. The officer must have a reasonable basis for associating the emergency with the area to be searched. Such as contaminated food, children in trouble, burning fires, and bomb scares, many justified warrantless searches and seizures.

Question 16

True or False?
Emergency searches can be motivated by an intent to search and seize evidence.

Answer 16

False!
The search cannot be motivated by an intent to search and seize evidence.

Question 17

Exclusionary rule

Answer 17

In cases where there is a failure to obtain a warrant and none of the exceptions apply, the lawyer representing the defendant can make a motion to a judge to suppress the evidence. This doctrine is known as exclusionary rule.
(Meaning that any evidence obtained as a result of illegal search and seizure cannot be used against the individual in a court of law.)

Question 18

Why should a legal see evidence be excluded from the use at trial, particularly if that evidence proves that the person is guilty of the crime?

Answer 18

Terms of the belief that nothing can destroy a government more quickly than its failure to obey its own rules. Because of this belief, when evidence is obtained without a search warrant or outside one of the established exceptions, that search will be considered unreasonable and therefore illegal under the fourth amendment.