Legal Aspects Of Investigations Flashcards

1
Q

Procedural Law deals with all of the following except

A

Elements of a crime

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2
Q

The due process clause is found in which Amendment of the Bill of Rights

A

Fifth Amendment

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3
Q

Which of the following protects citizens from unreasonable searches and seizures

A

Fourth Amendment

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4
Q

The ingredients of arrest include all of the following except

A

Force

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5
Q

A temporary and limited interference with the freedom of a person for investigative purposes is the definition of a/an

A

Detention

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6
Q

A judicial order commanding a person to whom it is issued or some other person to bring a person promptly before a court to answer a criminal charge

A

Arrest warrant

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7
Q

A written statement of the information known to the officer that serves as a basis for the issuance of a warrant is a/an

A

Affidavit

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8
Q

Which of the following is not usually required to be in the contents of a valid arrest warrant?

A

The authority to search the person arrested

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9
Q

A John Doe warrant is valid

A

If there is a particular description of the perpetrator but the person’s name is not known

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10
Q

Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinary caution, under the same circumstances to believe that a crime has been, is being, or is about to be committed

A

Probable cause

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11
Q

Which of the following can be used to establish probable cause

A

Personal observations and knowledge of the investigator

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12
Q

Until 1914, federal law enforcement officers, conducting an illegal search that produced incriminating evidence, were allowed to use that evidence in court. What happened that changed the use of illegal evidence by federal officers

A

Weeks v. United States

Forbids the use of illegally obtained evidence by federal officers.

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13
Q

Circumventing the intent of Weeks V. US, whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as

A

Silver plate doctrine

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14
Q

Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure?

A

Incident to an unlawful arrest

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15
Q

what burden of proof is required to obtain a search warrant

A

Probable cause

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16
Q

Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search

A

Muehler V. Mena

17
Q

Incriminating evidence is found during a consent search. What is the primary factor of the search that the court will look at in deciding whether evidence may be admitted

A

Was the consent to search voluntarily given?

18
Q

Which Supreme Court Case established the “moveable vehicle” rule?

A

Carroll v. United states

19
Q

What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant?

A

Exigent circumstances

20
Q

Which if the following is not a requirement for a plain view search to be legal?

A

Evidence is found after a limited search

21
Q

The landmark Supreme Court ruling that allows stop and frisk procedures

A

Terry V. Ohio

22
Q

According to the courts, any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court.

A

Fruits of the poisonous tree

23
Q

In minnesota V. Dickerson, why was the defendant not convicted?

A

Officer felt a substance is suspects pocket, subsequently determined to be cocaine, during a pat down and manipulated it to determine what it was.

24
Q

Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before is

A

fruits of the poisonous tree doctrine