Exam 3

Question 1

Can use however much reasonable appears necessary

Answer 1

non-deadly force

Question 2

Only to prevent or end a dangerous felony involving risk to human life

Answer 2

Deadly force

Question 3

Police encouraged or had defendant commit crime though they would not have done it themselves

Answer 3

Entrapment

Question 4

Defendants predisposition to commit the crime.
The question goes to the?

Answer 4

Subjective Standard
Jury

Question 5

Focus is on law enforcement officers activity.
Question goes to?

Answer 5

Objective Standard
Judge

Question 6

All evidence illegally obtained directly or indirectly must be excluded.

Answer 6

Exclusionary rule

Question 7

Weeks v. US, Silver Platter Problem, and Mapp v. Ohio are all examples of what

Answer 7

Exclusionary rule

Question 8

Arguments for the exclusionary rule are what

Answer 8

Judicial integrity and deterrent

Question 9

Arguments against the exclusionary rule are what

Answer 9

States rights and “large cost”

Question 10

What four places does the exclusionary rule not apply

Answer 10

Before trial proceedings, After trial, Civil cases, Admin agency hearings

Question 11

Would have discovered the evidence regardless of the illegal conduct

Answer 11

Inevitable Discovery

Question 12

Got evidence from an independent, untainted source not connected to the illegal activity

Answer 12

Independent Source

Question 13

How many exceptions/limits to the exclusionary rule are there

Answer 13

9

Question 14

Ill gotten evidence cannot be used to determine guilt or innocence but can be used to impeach the defendants credibility

Answer 14

Impeachment exception

Question 15

If state provides defendant with a hearing of an unreasonable search and seizure claim they cannot raise exclusionary questions again according to what

Answer 15

Post-Conviction Federal Habeas Corpus Proceeding

Question 16

If person acting independently of police direction, violates a persons fourth or fifth amendments rights, the court will not exclude the private party’s evidence

Answer 16

Private Party Searches

Question 17

Exclusionary rule does not apply where police act on an objectively reasonable belief that their conduct is not violating a defendants rights

Answer 17

Good faith exception

Question 18

Us v. Leon is a case about

Answer 18

Good faith Exception

Question 19

Search does not violate the constitution but only violates the internal working rules of an agency

Answer 19

Agency Rule/ State law exception

Question 20

Fourth amendment provides that no warrant, search, or arrest shall be issued unless there is a what

Answer 20

Probable Cause

Question 21

What are the two prongs in the Aguilar/Spinelli test

Answer 21

Credibility/Reliability prong and Basis of knowledge prong

Question 22

Totality of the circumstances test is what test

Answer 22

Gates Test

Question 23

all searches and seizures should be reasonable

Answer 23

Reasonableness clause

Question 24

Explains how to get a valid warrant

Answer 24

Requirements Clause

Question 25

Taking a person into custody against his or her will

Answer 25

Arrest

Question 26

Any government intrusion upon a persons reasonable and justifiable expectation of privacy

Answer 26

Search

Question 27

An exercise of control by the government over a person or thing

Answer 27

Seizure

Question 28

What are the elements of a formal arrest

Answer 28

officer intends to arrest, comes from real or presumed authority, actual or constructive seizure of the person, and communication by the officer that the person is under arrest

Question 29

What can turn a detention into an arrest

Answer 29

Length of seizure, intensity of the intrusion, movement of the suspect, and location of the seizure

Question 30

Police have the authority to detain a person briefly for questioning even without probably cause to believe that the person committed a crime

Answer 30

Stop and Frisk

Question 31

What are the three valid factors of a stop and frisk

Answer 31

Observe unusual conduct, leading to a reasonable suspicion that criminal activity may be a foot, and the officers ability to point to specific and articulable facts to justify that suspicion

Question 32

Less than probable cause, but more than mere/vague suspicion

Answer 32

Reasonable suspicion

Question 33

An investigatory stop must be temporary and no longer than necessary to satisfy or dispel suspicions

Answer 33

Scope and Duration

Question 34

May pat down a persons outer clothing for weapons, provided the officer has a reasonable suspicion that the person is armed and dangerous

Answer 34

Frisk

Question 35

Written order, based on probably cause, issued by a magistrate telling officers to arrest a particular person

Answer 35

Arrest warrant

Question 36

Written order telling the person to appear in court at a stated day and time

Answer 36

Summons

Question 37

In MN, the person must be brought before the magistrate within how many hours?

Answer 37

36 hours

Question 38

Routine searches by government agents at an international border or its equivalent

Answer 38

Border searches

Question 39

Can stop vehicles and question occupants if the officer has reasonable suspicion that said vehicle contains an illegal immigrant

Answer 39

Roving Patrols

Question 40

Can stop vehicles and question occupants with a reasonable suspicion

Answer 40

Permanent checkpoints

Question 41

Government inspectors must have a warrant to search private residences and commercial buildings

Answer 41

Administrative Searches

Question 42

Before beginning any search, police must have probably cause to believe that auto contains fruits, instrumentalities, or evidence of a crime or contraband

Answer 42

Probably cause requirement

Question 43

What are the four key questions raised by Miranda

Answer 43

Were the warnings given? Is the defendant in custody? Were the defendants statements made in response to interrogation? Can the confession be used for impeachment purposes

Question 44

Getting an inmate to do their questioning for them

Answer 44

Jailhouse informers