Final: Chapter 5- Policing Legal Aspects

Question 1

Bill of Rights purpose

Answer 1

designed to protect citizens against abuses of police powers

Question 2

Chief Justice Earl Warren + Supreme Court decision making

Answer 2

focused on guaranteeing individual rights during criminal prosecution
- strict procedural requirements

Question 3

Miranda V. Arizona

Answer 3

established precedent for proper procedure
- “Miranda rights”
- advisement of rights

Question 4

When must Miranda Rights be read?

Answer 4

custodial arrest + interrogation

Question 5

Checks and Balances purpose

Answer 5

holds branches accountable for one another and ensures that one does not hold more power than others

Question 6

Landmark Cases

Answer 6

cases that produce significant changes within the justice system

Question 7

Rule for illegally seized evidence

Answer 7

cannot be used in court/trial

Question 8

Exclusionary Rule

Answer 8

evidence illegally obtained by police cannot be used in a trial

Question 9

Weeks v. US

Answer 9

(1914) applied exclusionary rule to federal officers ONLY

Question 10

Writ of Certiorari

Answer 10

writ issued from appellate court for purpose of obtaining lower court records for the case

Question 11

Fruit of Poisonous Tree Doctrine + Example

Answer 11

evidence developed as a result of illegal search/seizure is excluded from the trial
Ex. Silverthorne Lumber Co. v US

Question 12

Silverthorne Lumber Co v. US

Answer 12

set precedent for Fruit of the Poisonous Tree Doctrine

Question 13

Mapp v. Ohio

Answer 13

made exclusionary rule applicable to state offficers

Question 14

Exceptions to exclusionary rule

Answer 14

stop + frisk, consent, plain view, exegent circumstances, hot pursuit

Question 15

Searches incident to arrest meaning

Answer 15

searching only places in immediate control of person while they are under custodial arrest or detained

Question 16

Chimel v. California

Answer 16

search is limited to area in suspect’s immediate control

Question 17

Minnesota v. Olson

Answer 17

extended protections against warantless searches to overnight guests in the name of another
- privacy in another home when not affiliated

Question 18

Georgia v. Randolph

Answer 18

officers may not conduct a warrantless search if one resident gives permission and another refuses

Question 19

Burger Court

Answer 19

conservative w/ more police support and “greater good era”

Question 20

Rehnquist Court

Answer 20

protected the interest of those living within the law, broadened police power

Question 21

Good Faith exception to Exclusionary Rule

Answer 21

evidence seized based on good faith but later shown to be a mistake, may still be used in court

Question 22

United States v. Leon

Answer 22

(1984) surveilled suspect for drug trafficking, then policer applied for search warrant based on this. Belief that they were operating according to the law

Question 23

Probable Cause

Answer 23

a set of facts/circumstances that would induce intelligent/prudent person to believe that a particular person has committed a specific crime
- also reasonable ground to make the accusation

Question 24

Illinois v. Krull date

Answer 24

1987

Question 25

Massachusetts v. Sheppard date

Answer 25

1984

Question 26

Illinois v. Rodriquez date

Answer 26

1990

Question 27

Plain-View Doctrine

Answer 27

police officers have the opportunity to seize evidence w/o a search warrant if it is visible - must have legal right to the area - must have reason to believe it is associated with crime

Question 28

Harris v. US

Answer 28

determined objects falling in plain view of officer, who has right to position, are subject to seizure + to be evidence

Question 29

US v. Irizarry

Answer 29

determined that officers could not move objects to gain view of evidence that is otherwise hidden

Question 30

Horton v. California

Answer 30

Inadvertence (attention) is not needed for evidence to be legitimate

Question 31

3 reasons for an emergency search w/o warrant

Answer 31

-danger to life -danger of escape -danger of removal/destruction of evidence

Question 32

No knock policy grounds

Answer 32

under circumstances considered dangerous, or that would inhibit investigation an officer has clearance not to knock

Question 33

Anticipatory Warrant

Answer 33

issued on basis that evidence of a crime, while not at located there at the time will be when the warrant is served

Question 34

Free to Leave Tests Precendent

Answer 34

US v. Mendenhall (1980)

Question 35

US v. Robinson

Answer 35

upheld officers right to warrantless search for safety + use of fruits of search when finding contraband

Question 36

Terry v. Ohio

Answer 36

upheld officers right to warrantless search for safety - standard for brief stop + frisk

Question 37

Minnesota v. Dickerson

Answer 37

limited officers ability to seize evidence from pat-down for protection when the search itself was only off suspicious and did not reveal a weapon

Question 38

Smith v. Ohio

Answer 38

individual has right to protect belongings from unwarranted searches