Exam 2 Flashcards
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
Bill of rights
-Searches-Seizures-Stop and frisk-Arrests Are all components of which amendment?
4th
Which case is associated with the exclusionary rule?
Weeks v. US
Which case is associated with the Fruit of the Poisonous tree doctrine?
Silverthorne Lumbe Co. v. US
Which case is associated with the protection of people not places?
US v. Rabinowitz
The exclusionary rule and sate law enforcement are addressed in what case?
Mapp v. Ohio
Immediate control in regards to search and seizure is addressed by which case?
Chimel v. California
Good faith exception to the exclusionary rule is dealt with in which case?
US v. Leon
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
Plain view doctrine
What are the 4 court cases involving the plain view doctrine?
Harris v. US
US v. Irizarry
Arizona v. Hicks
Horton v. California
What are the 3 elements of a warrant?
- ) Neutral Magistrate
- ) Probable cause
- ) Particularity
Four exceptions to the warrant requirements are…
- ) Searches incident to arrest
- ) Consent searches
- ) Exigent circumstances searches
- ) Vehicle
Emergency searches fall under which warrant exception?
Exigent circumstances searches
What are the two components of the vehicle warrant exception?
- ) Road blocks
2. ) Fleeing-target exception
2 components of stop and frisk
- ) Reasonable suspicion
2. ) Probable cause
A general and reasonable belief that a crime is in progress or has occured
Reasonable suspicion
A reasonable belief that a particular person has committed a specific crime
Probable cause
What 2 distinct behaviors does stop and frisk encompass?
- ) stops are seizures
2. ) Frisks are searches
What are the 4 big civil liability issues?
- ) Civil remedies
- ) Criminal remedies
- ) Non-judicial remedies
- ) Exclusionary remedies
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
Arrest
What are the 4 court cases that are in regards to arrest?
- ) US v. Mendenhall
- ) US v. Robinson
- ) US v. Sokolow
- ) Minnesota v. Dickerson
Police have the authority to ________ a person after arrest
Interrogate
Aguilar v. Texas (2 pronged standard) deals with…
Informants
The US supreme court ruled that informant information can establish probable cause if what 2 things are met?
- ) the source of the informant’s information is made clear
2. ) the police officer has a reasonable belief that the informant is reliable
The 2 pronged test of Aguilar v. Texas was intended to prevent what?
The issuance of warrants on the basis of false or fabricated information
2 aspects to interrogation
- ) Inherent coercion
2. ) Psychological manipulation
True/FalseOpportunity to exercise their Miranda rights does not have to be afforded to the suspect throughout the interrogation
False - they have the right to use them at any point in time
True/FalseAfter such warnings have been given a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement
True
2 aspects of the knowing waiver if the Miranda rights
1.) Suspect’s native language2.) Understand the advisement
Understand the consequences of not invoking rights
Intelligent waiver
When was the public safety exception to Miranda created and in what court case?
1984, New York v. Quarles
Considerations of public safety override the Miranda requirement in order to prevent further harm
Public Safety Exception to Miranda
6 methods of data gathering?
- ) USA PATRIOT Act of 2001
- ) Body cavity searches
- ) Electronic eavesdropping
- ) Electronic evidence
- ) Latent evidence
- ) Digital criminal forensics
What 3 principles establish the rule of law?
- ) Absolute supremacy or predominance of regular law
- ) Equality before the law
- ) Law of the US Constitution as a consequence of the rights of individuals as defined and enforced by the courts
The means are more important than the ends
The rule of law
Police officers need to constantly hone their knowledge of the legal aspects of their occupation because of…
Our dynamic legal system
The 4th amendment serves what three primary functions?
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
Probable cause is…
The standard for legal arrest
Probable cause is more than a mere_____ but less than actual _________
Hunch, knowledge
What 2 things does the court look at in regards to the probable cause an officer had at the time of the arrest?
- ) type
2. ) amount
Requires that all evidence obtained in violation of the fourth amendment be excluded from the government’s use in a criminal trial
Exclusionary rule
Mapp v. Ohio did what?
Applied exclusionary rule to the state courts
4 modifications of the exclusionary rule
- ) Public safety exception
- ) Inevitability of discovery exception
- ) Good faith exception
- ) Unrelated illegal conduct
Christian burial speech falls under which modification of the exclusionary rule?
Inevitability of discovery exception
Primary guarantee of personal freedom in a democracy
Writ of habeas corpus
the writ of habeas corpus requires…
Incarcerated person to be brought before a judge for investigation into the restraint of that person’s liberty
Writ of habeas corpus is a means of remedying ______ arrest or other illegal detention
Wrongful
Why are legal provisions on arrest important?
They prevent possibly harmful police actions
Officers must obtain warrants when making what kind of arrests, assuming there are no exigent circumstances?
Felony
Officer swears in an ______ that they have certain knowledge that a particular person committed an offense
Affidavit
What does a warrentless arrest require?
Exigent circumstances and probable cause
True/FalseStreet officers rarely have the time or opportunity to effect arrests with a warrant in time
True
Police must have ______ _____ to take a person into custody and to police station for interrogation
Probable cause
True/FalsePolice can randomly stop a single vehicle to check registration and license
False - they cannot
Who can the police arrest in a vehicle where drugs are found
Everyone
A person arrested without a warrant must have…
Prompt initial appearance
True/FalsePolice may enter a home without a warrant if they reasonably believe an occupant is/ is about to be seriously injured
True
Miranda v. Arizona (1966)
Established the famous requirement of a police “rights advisement” of suspects
A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical day-to-day operations of the justice system
Landmark case
Evidence seized without regard to the principles of due process as described by the bill of rights, often the result of police searches conducted without a proper warrant or of improperly conducted interrogations
Illegally seized evidence
Most due process requirements of relevance to the police pertain to what three major areas?
- ) Evidence and investigation
- ) Arrest
- ) Interrogation
A writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. In some states, this writ is the mechanism for discretionary review.
A writ of certiorari
What case dealt with a man who was using the US mail to sell lottery tickets, and was convicted because of illegally seized evidence from his house?
Weeks v US (1914)
True/False
The decision of the Supreme Court in the Weeks case was binding at the time only on federal officers because it was federal agents who were involved in the illegal seizure
True
Which of the Amendments are referred to as Bill of Rights?
1-10
Rule of law means?
The means (method or process) is more important than the ends or end state
True/False
The 4th amendment was drafted to protect citizens from overzealous government actors
True
The US legal system is founded upon what would be considered a…
A dynamic and constantly changing system of law, a dynamic system of laws due in part because it has so many sources of law
Probable cause is the legal standard for…
Arrests and searches
True/False
Probable cause is more than a hunch but can be less than certainty or actual knowledge
True
The Christian Burial speech by a detective was found to be unconstitutional. Therefore even if it is inevitable that evidence will be found after the speech is given to a defendant…
The evidence can be used if it is inevitable that it will be discovered
A writ of habeas corpus
Is a means of remedying wrongful arrests or other illegal detentions and requires an incarcerated person to be brought before a judge for investigation into that person’s restraint of liberty
When is a person seized for the purposes of arrest?
There is no set rule that determines the point of seizure,the standard is whether the person believes her/his liberty is restrainted
Which case permits a brief detention and pat down of a suspect with less than probable cause?
Terry v. Ohio (1968)
An electronic wiretap is a seizure of…
A private conversation
When the police induce a person to commit a crime when that person would not otherwise engage in the criminal conduct it is called
Entrapment
The juvenile justice system seeks too…
Protect the child
Rehabilitate a child
Protect the privacy of the child
A warrant requires three elements to be in compliance with the 4th amendment which are..
- ) Neutral magistrate
- ) Probable cause
- ) Particularity
Items which are readily visible to officers who are authorized to be in the location of observation are admissible into evidence under what doctrine?
Plain view doctrine
Which legal standard is the minimum required for a stop and frisk?
A general suspicion and reasonable belief that a crime is in progress or has occured
Which of the following is a required part of the advice to a person in custody referred to as the Miranda warning?
- The subject may remain silent
- Any statements made can be used in a court of law
- The person has a right to the presence and representation of an attorney
- If the person cannot afford an attorney one will be appointed to you
All of them
In order for a person to waive their rights under Miranda the waiver must do what 4 things?
- ) It must be a knowing waiver
- ) The subject must understand the rights waived
- ) The warning must have been provided in the suspects native language
- ) The person must under the consequences of not invoking their rights
Wolf v Colorado (1949)
In this case a doctor was believed to be conducting abortions in violation of state law. Local officers went to the doctor’s clinic and arrested him the searched his office both without a warrant. The SC found the search was in violation of the 4th amendment
US V. Rabinowitz (1950)
Police arrested the defendant at his one room business with an arrest warrant but searched the entire business including his records, no search warrant was issued. The SC found the search of the business permissible the case was later overturned
Silverthorne Lumber Co v. US (1920)
The SC found the use of the business records unlawfully examined by federal officers resulted in derivative evidence which must be excluded at trial the derivative evidence was the equivalent of the fruit of the poisonous tree
Herring v. US (2009)_
A case heard by the “Robert’s court” which refused to apply the exclusionary rule when officers committed mistakes of negligence
Mapp v. Ohio (1961)
The first major case in which the exclusionary rule was applied to state and local officers. It involved a factual situation in which a detective displayed a piece of paper as if it was a search warrant. It wasn’t
Weeks v. US (1914)
Established a form of the exclusioanry rule for federal officers only
Arizona v. Hicks (1987)
A case in which officers were investigating a shot that traveled downstairs apartment
US v. Leon (1984)
Established good faith doctrine
The ability of state officers to provided Federal officers evidence seized unconstitutionally
Silver platter doctrine
Chimel v. California
This was a search pursuant to an arrest warrant, deals with breadth of search
From 1961-1969 the Warren Court began
Reshape the concepts of state and local officer accountability for unconstitutional searches
Conventional approaches to interpreting the 4th amendment identify 2 critical clauses within the amendment
- ) Warrant clause
2. ) Reasonableness clause
One of the goals of the exclusionary rule is to place the offending officers
In no better position than they were before the unconstitutional search actions
Wilson v. Layne (1999)
Addressed whether or not the media can enter private places with law enforcement officers who have a warrant
- Media ride-alongs
- Forbidden
- Media not listed in search warrant
Parnes Patriae
The state is the ultimate parent
Loco parentis
States acts in place of the parent
Weeks v. Us =
Exclusionary rule
Silverthorne Lumber Co. v. Us =
Fruit of the poisonous tree
US v. Rabinowitz =
Protection of people not places
Mapp v. Ohio =
The exclusionary rule & law enforcements being applied to states too
Chimel v. California =
Immediate control
US v. Leon =
Good faith exception to the exclusionary rule
Harris v. US
US V. Irizarry
Arizona v. Hicks
Horton v. California =
Plain view doctrine
A legal concept that provides a basis for suspicionless searches when public safety is at stake
Compelling interest
A search conducted by law enforcement personnel without a warrant and without suspicion
Suspicionless search
Suspicionless searches are permissible if…
they are only based on an overriding concern for public safety
The information gathering activity of police officers that involves the direct questioning of suspects
Interrogation
The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information
Inherent coercion
Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control
Psychological manipulation
The dual principles of custody and interrogation, both of which are neccesar before an advisement of rights is required
Miranda triggers
A law passed by congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications
Electronic communications privacy act (ECPA)
A search that occurs in the suspect’s absence and without his or her prior knowledge
Sneak-and-peak search
Information and data of investigative value that are stored in or transmitted by an electronic device
Electronic evidence
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye
Latent evidence
The lawful seizure, acquisition, analysis, reporting and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events
Digital criminal forensics
