Crim and crim pro Flashcards
Absent exigent circumstances, knocking and announcing is required prior to the execution of a ____ for a home
search warrant
The SC has held that the 4A incorporates the common law _____ rule
knock and announce
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
exigent circumstances
therefore the officer’s failure to _____ violated the 4a
knock and announce
Does the failure to knock and announce trigger the ____?
exclusionary rule
NO
the century old ____ rule prevetns the prosecution from introducing evidnece obtained through a violaiton of the D’s 4A rights
exclusionary
However, the SC has clarified that a violation of the _____ rule is a violation of the 4A that does NOT triggger the ___
exclusion of evidence
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
knock and announce
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 ____
intrusinon
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
reasonable suspicion
To seize an item under the “_____” doctrine, the item must not only be in ____, but its incriminating character must be _____
plain view; plain view
immediately apparant
the purpose of a Terry patdown is for the protection of the officer and the ____
public
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 ____
further patdown
contraband
lump = reasonable suspicion that Driver was armed b/c saw lump in back pants pocked and THOUGHT could be a ___
weapon
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
incriminating
lawful
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
plain view
lawful authority
probably cause
an individual has no ________ of _____ in items left in plain view of police officers with legal auhtority to be on the premises
reasonable expectation of privacy
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
readily apparant
additional search
All warrants must comply with the 4A’s particularity clause which requires that warrants describe with _____ the thing to be seized
particularity
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
particularity
