Crim and crim pro

Question 1

Absent exigent circumstances, knocking and announcing is required prior to the execution of a ____ for a home

Answer 1

search warrant

Question 2

The SC has held that the 4A incorporates the common law _____ rule

Answer 2

knock and announce

Question 2

here, the warrant authorized a search for counterfeit bills. There are no facts suggesting that any ______, such as a threat of physical resistance by Homeowner or the rapid desctruction of evidence if the officers announced their presensce

Answer 2

exigent circumstances

Question 3

therefore the officer’s failure to _____ violated the 4a

Answer 3

knock and announce

Question 4

Does the failure to knock and announce trigger the ____?

Answer 4

exclusionary rule

NO

Question 5

the century old ____ rule prevetns the prosecution from introducing evidnece obtained through a violaiton of the D’s 4A rights

Answer 5

exclusionary

Question 6

However, the SC has clarified that a violation of the _____ rule is a violation of the 4A that does NOT triggger the ___

Answer 6

exclusion of evidence

Question 7

if a police have a valid search warrant to search a home, but they enter in a way that violats their consittutional duty to ____, the evidence uncovered during the search can still be used in a criminal prosecution

Answer 7

knock and announce

Question 7

For a Terry patdown, the officer must be able to point to specific and ____ facts which, taken together with rational inferences from those facts, reasonably allow for that ____

Answer 7

intrusinon

Question 8

Under Terrry v. Ohio, a police officer who has ____ that a person is armed may perform a patdown of the person’s outer clothing for weapons

Answer 8

reasonable suspicion

Question 9

To seize an item under the “_____” doctrine, the item must not only be in ____, but its incriminating character must be _____

Answer 9

plain view; plain view
immediately apparant

Question 9

the purpose of a Terry patdown is for the protection of the officer and the ____

Answer 9

public

Question 10

if the officer feels something that might be a weapon, he may remove it. Otherwise, the officer canot proceed with any _____ UNLESS he feels something in the course of his patadown that he immedately knows i ____

Answer 10

further patdown
contraband

Question 11

lump = reasonable suspicion that Driver was armed b/c saw lump in back pants pocked and THOUGHT could be a ___

Answer 11

weapon

Question 12

the “plain view” exception to the warrant requirement allows a police officer who is executing a search warrant to seize any ______ evidence observed during the course of that ____ search

Answer 12

incriminating
lawful

Question 13

Thus, evidence is found in ____ when the police officer (1) has ______ to be in the location where the item is found and (2) has _____ to believe that the item is evidnece related to criminal activity without perfofrming any additional search of the item

Answer 13

plain view
lawful authority
probably cause

Question 14

an individual has no ________ of _____ in items left in plain view of police officers with legal auhtority to be on the premises

Answer 14

reasonable expectation of privacy

Question 15

therefore, because the incriminating nature of the computer was ____to the officer w/o any ____ of the item, the court should reject H’s arg and admit the computer into evidence

Answer 15

readily apparant
additional search

Question 16

All warrants must comply with the 4A’s particularity clause which requires that warrants describe with _____ the thing to be seized

Answer 16

particularity

Question 17

the _____ of the warrant is evaluated based on the time it was issued and the information the police offifcers who searched the warrant provided (or should have provided) to the issuing judical officer

Answer 17

particularity