Midterm Flashcards
What is the judicial hierarchy in the federal government?
US Supreme Court
US Circuit Court of Appeals
US District Court
What are the requirements of a lawful arrest?
Probable cause is always needed; sometimes an arrest warrant is needed as well
When is an arrest warrant not needed?
Murders, felonies, or misdemeanors which occur in the officer’s presence. Exceptions include theft, DUI, domestic assault, and scattering rubbish on the highway.
What does an officer need in order to arrest a defendant in his/her home?
- probable cause to arrest
- probable cause to believe the defendant is in the home
- an arrest warrant unless there are exigent circumstances, or the officers have consent to enter the home
What happens when there is a disagreement of when the defendant was arrested?
The court will determine the exact point in time at which the arrest occurred by looking to the reasonable impression conveyed to the arrestee.
Who can approve a search warrant?
Only judges with jurisdiction over the place to be searched may approve a warrant.
What can an officer search for during the execution of a warrant?
- contraband - property that is unlawful
- property designed or intended to be used for a crime
- mere evidence which will aid in a particular conviction
- fruits of a crime: what the defendant gained through criminal activity
What items can an officer seize that are not listed on a warrant?
Officers can seize items not named in the warrant if he is where he is allowed, looking where he is allowed to look, and it is immediately apparent that the item is a subject to seizure.
T/F A Dwelling may be guarded against entry (if the officer has probable cause to search) until the search warrant arrives.
True
T/F The defendant has the right to an attorney present during the execution of the search warrant
False
When may an officer forego the “knock and announce” ?
- the officers have a reasonable belief the occupants are fleeing
- the officers have a reasonable belief the occupants are destroying evidence
- no one is home
- the occupants refuse to let the officers in
- knocking and announcing would endanger the officer’s lives
What is hearsay?
An out of court statement offered by someone other than the person testifying or speaking, and offered the truth of the matter arrested.
What was the ruling in Terry v. Ohio?
A police officer may temporarily stop, detain, and question an individual, if the officer can point to specific and articulate facts that lead him to reasonably suspect that criminal activity is afoot.
When may an officer frisk a suspect according to Terry v. Ohio?
If the officer can point to specific and articulate facts that lead him to reasonably suspect that the individual may be armed and dangerous, he may perform a carefully limited search of the outer clothing.
What was the ruling of Minnesota vs. Dickerson?
An officer may seize objects which from their “plain feel” give rise to probable cause to believe that they are unlawfully possessed.
What was the ruling in Chimel vs. California?
Incident to a lawful custodial arrest, officers may search the arrestee and the area within his reach or control in order to protect the officer’s and others in the area, and to preserve evidence.
What can an officer search for incident to custodial arrest?
Incident to a lawful custodial arrest, officers can search for anything. They do not need probable cause to search and they don’t have to have an object or a class of objects in mind.
What was the ruling in Arizona v. Gant and Comm. v. White?
Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe that the vehicle contains evidence of the offense of the arrest.
What is the reason to inventory a vehicle?
To record the items that have come into the possession of the police for protection from false civil suits, and keeps the officers safe.
What are the requirements for the plain view doctrine?
- the officer must have legal jurisdiction to be in a constitutionally protected area
- the officer must be looking where he is allowed to look
- it must be immediately apparent that the object is subject to seizure
What two things must be proven in order to lawfully search by consent?
The consent must be voluntary and given by one who has authority to consent.
What level of proof is needed to prove the consent was voluntary; had the authority to consent
clear and convincing evidence; preponderance of evidence
What test does the court use in order to determine where the consent was voluntary?
Totality of the Circumstances Test
What was the ruling of Carroll v. US?
If officers have probable cause to search a vehicle may do so without a search warrant, but the scope of the search will be dictated by the probable cause.
