Exam 2 Chapter 6 power point

Question 1

Fourth 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

Searches and Seizures:

Answer 2

The legal term, as found in the Fourth Amendment to the U.S. Constitution, that generally refers to the searching for and the confiscating of evidence by law enforcement agents.

Question 3

Probable Cause:

Answer 3

reasonable grounds to believe that facts warranting certain actions such as the search or arrest of a person

Question 4

Reasonableness

Answer 4

The concept of reasonableness is linked to probable cause.

Though courts have spent innumerable hours scrutinizing the word, no specific meaning for reasonable exists.

Question 5

Sources of Probable Cause

Answer 5

1. Personal observation:
2. Information:
3. Evidence:
4. Association:

Question 6

Personal observation:

Answer 6

Police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal.

Question 7

Information

Answer 7

law enforcement officers receive information from victims, eyewitness, informants, and official sources such as police bulletins or broadcast

Question 8

Association

Answer 8

In some circumstances, if the police see a person with a known criminal background in a place where criminal activity is openly taking place, they have probable cause to stop that person.

Question 9

The Exclusionary Rule

Answer 9

According to this rule, any evidence obtained by an unreasonable search or seizure is inadmissible against a defendant in a criminal trial.

Question 10

types of exceptions

Answer 10

Inevitable Discovery” Exception
“Good Faith” Exception
Negligence Exception

Question 11

“Inevitable Discovery” Exception:

hows it used in court

Answer 11

The legal principle that illegally obtained evidence can be admissible in court if police using lawful means would “inevitably” have discovered it.

Question 12

“Good Faith” Exception:

Answer 12

the legal principle that evidence obtained with the use of a technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant from a judge.

Question 13

Negligence Exception:

Answer 13

to trigger the exclusionary rule, police conduct must be deliberate, reckless, or grossly negligence

Question 14

The Role of Privacy Searches:

Answer 14

Search is defined as the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial.

Question 15

Private Search Doctrine:

Answer 15

The legal principle that a private search eliminates the owner’s reasonableness of privacy regarding the object searched.

Question 16

Katz v. United States (1967).

Answer 16

The recognized standard for a “reasonable expectation of privacy” was established in ____

Question 17

two-pronged test for a person’s expectation of privacy:

Answer 17

the individual must prove that she or he expected privacy

society must recognize that expectation as reasonable

Question 18

Search and Seizure Warrants

Answer 18

A search warrant is a court order that authorizes police to search a certain area.

Question 19

Affidavit

Answer 19

A written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

Question 20

Seizure

Answer 20

A seizure is the act of taking possession of a person or property

Question 21

In general, four categories of items can be seized by use of a search warrant

Answer 21

1. Items resulting from the crime
2. Items that are inherently illegal for anybody to possess.
3. Items that can be called “evidence” of the crime.
4. items used in committing the crime

Question 22

Searches and Seizures Without a Warrant

Answer 22

Police officers do not need a warrant to enter a private home in an emergency, such as when they reasonably fear for the safety of the inhabitants.
The two most important circumstances in which a warrant is not needed include (1) searches incidental to an arrest and (2) consent searches.

Question 23

As long as the original arrest was based on probable cause, these searches are valid for two reasons,
what supreme court established this?

Answer 23

1. the need for a police officer to find and confiscate any weapons a suspect may be carrying
2. The need to protect any evidence on the suspect’s person from being destroyed.
   established by the Supreme Court in United States v. Robinson (1973):

Question 24

The most relevant factors in determining whether consent is voluntary:

Answer 24

The age, intelligence, and physical condition of the consenting suspect.
Any coercive behavior by the police, such as the language used to request consent.
The length of the questioning and its location.

Question 25

Warrantless searches of automobiles are allowed only if either of the following is true
what court case is this.

Answer 25

The person being arrested is close enough to the car to grab or destroy evidence or a weapon inside the car.
The arresting officer reasonably believes that the car contains evidence pertinent to the same crime for which the arrest took place.
(Arizona v. Gant)

Question 26

The Court ruled that law enforcement officers may make a warrantless seizure of an item if four criteria are met:

Answer 26

1the item is positioned so as to be detected by an officers sightor some other sense
2The officer is legally in a position to notice the item in question.
3The discovery of the item is inadvertent.
4The officer immediately recognizes the illegal nature of the item.

Question 27

When Can Police Stop and Frisk Suspects?

Answer 27

When reasonable suspicion exists, police officers may stop and frisk a suspect

Question 28

In a stop and frisk, law enforcement officers: must?

Answer 28

Briefly detain a person they reasonably believe to be suspicious.
if they believe the person to be armed, proceed to pat down, or “frisk” that persons outer clothing

Question 29

Terry v. Ohio (1968)

Answer 29

In “terry vs ohio” the supreme court ruled that an officer must have specific articulable facts before making a stop but those facts may be taken together with rational inferences.

Question 30

A stop takes place when

Answer 30

A stop takes place when a law enforcement officer has reasonable suspicion that criminal activity has taken place or is about to take place.

Question 31

A Frisk

Answer 31

reasonable suspicion
be a protective measure.
fishing expedition” simply to try to find items besides weapons, such as illegal narcotics, on a suspect.

Question 32

What is Required to Make an Arrest?

Answer 32

An arrest is the act of apprehending a suspect for the purpose of detaining him or her on a criminal charge.
To deprive the liberty of a person suspected of criminal activity.
consequently, a law enforcement officers need probable cause to make an arrest.

Question 33

Four elements that must be present for an arrest to take place:

Answer 33

The intent to arrest
The authority to arrest
seizure or detention
the understanding of the person that she or he has been arrested

Question 34

in Wilson v. Arkansas (1995), what did the supreme court do

Answer 34

the Supreme Court reiterated the requirement that police officers must knock and announce their identity and purpose before entering a dwelling.

Question 35

What are the conditions known as exigent circumstances

Answer 35

The suspect is armed and poses a strong threat of violence to the officers or others inside the dwelling.
Persons inside the dwelling are in the process of destroying evidence or escaping because of the presence of the police.
a felony is being committed at the time the officers entered

Question 36

The Supreme Court severely weakened the practical impact of the “knock-and announce” rule with its decision in

Answer 36

Hudson v. Michigan (2006).

Question 37

A law enforcement officer may make a warrantless arrest in any of these circumstances:

Answer 37

1. The offense is committed in the presence of the officer.
2. The officer has probable cause to believe that the suspect has committed a particular crime.
3. the time lost in obtaining a warrant would allow the suspect to escape to destroy evidence and the officer has such probable cause to make an arrest

Question 38

What are Miranda Rights?

Answer 38

you have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning.

Question 39

The Legal Basis for Miranda

Answer 39

The Fifth Amendment guarantees protection against self-incrimination.

Question 40

Miranda Rights:

Answer 40

the constitutional rights of accused persons taken into custody by law enforcement officials, such as the right to remain silent and the right to counsel.

Question 41

Custody

Answer 41

The forceful detention of a person or the perception that a person is not free to leave the immediate vicinity.

Question 42

Interrogation

Answer 42

The direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession.

Question 43

Custodial Interrogation:

Answer 43

the questioning of a suspect after that person has been taken into custody in this situation , the suspect must be read bhis or her miranda right before the interrogation can start

Question 44

When a Miranda Warning is not Required

Answer 44

During a stop and frisk, when no arrest has been made.
during a traffic stop
public safety inspection

Question 45

To make the waiver perfectly clear, police will ask suspects two questions in addition to giving the Miranda warning:

Answer 45

1. Do you understand your rights as I have read them to you?
2. knowing your rights, are you willing to talk to another law enforcement officer or me

Question 46

Three general types of false confessions:

Answer 46

Voluntary:
The suspect is seeking attention
2. Internalized:
suffering from the stress of the interrogation, who comes to believe that he or she committed the crime
3. Compliant:
the suspect know he or she is innocent but decides -under police influence - that it is in his or best interest to confess to the crime

Question 47

Duty.

Answer 47

A police officers moral sense that she or he should behave in a certain manner

Question 48

Honesty.

Answer 48

Honestly is a critical attribute for an ethical police officer

Question 49

Loyalty.

Answer 49

Sometimes you have to be loyal and not ethical

Question 50

Discretion.

Answer 50

Guidelines of how officer can and cannot act and ethics plays an important role.