Section 4.1 Flashcards

1
Q

Is any reasonable search allowed?

A

Yes

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2
Q

Can officers conducted an unreasonable search?

A

If they have a warrant

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3
Q

What is the most important 4th amendment case?

A

Katz Vs. United States 1967

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4
Q

Katz was a gambler who made calls to the person who took his bets. He went in front of his apartment to the phone booth that has closable doors. The FBI is watching Katz and they want to arrest him and charge him with gambling. How do they do this

A

They put a recording device in the phone booth.

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5
Q

Before Katz v US the Supreme Court had ruled that it is only a violation if you touch somebody’s person, house, papers, and effects. If you didn’t touch any of these things did the fourth amendment apply?

A

no

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6
Q

The officers put a recording device in the phone booth and Katz goes in and makes the call and the FBI is recording him. True or False

A

True

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7
Q

When Katz went in the phone booth he closed the door so when the trial happened he tried to do what?

A

Suppress the evidence

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8
Q

Because of Katz V. US the Supreme Court ruled that anytime a person should have a reasonable expectation of privacy the fourth amendment applies. True or False

A

True

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9
Q

Anytime someone has a reasonable expectation of privacy, police must have either a warrant or one of the exceptions to the warrant requirement. True or False

A

True

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10
Q

One of the things police officers need before they can get a warrant is?

A

Probable Cause

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11
Q

It is a level of proof that is above reasonable suspicion but not as high as beyond a reasonable doubt. What is this?

A

Probable cause

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12
Q

What the officer sees, what the officer hears, what the officer understands, what happened before, what is currently happening now, all of these things come together to give the officer what?

A

Probable Cause

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13
Q

Given the information available to the police officer at the time of the arrest, would that information cause a reasonable person to believe that a crime was committed?
The bast way to describe what?

A

Probable Cause

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14
Q

What do you need to be able to apply for a warrant?

A

probable cause

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15
Q

What do you need to make an arrest?

A

Probable Cause

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16
Q

If an officer is in a place that they are legally allowed to be and they are not trespassing. If they can see something from where they are and see that it is clearly contraband is this an unreasonable search?

A

No it is plain view

17
Q

If the officer is walking down a public street and looks into someone’s window and sees something illegal. Is the fourth amendment applied?

A

No it is plain view

18
Q

Plain view, touch, smell, and hearing can also be used in order to pick up something that is illegal they do not need a warrant because it is not an unreasonable search. True or False

A

True

19
Q

A search is always reasonable if you have what?

A

A valid warrant

20
Q

valid warrants must be signed by who?

A

Neutral Magistrate

21
Q

The application according to the words of the fourth amendment must particularly describe what?

A

the places to be searched and the things to be seized

22
Q

If the particular thing you are looking for is a motorcycle, can you look in the kitchen drawer?

A

No

23
Q

When the officers say they are looking for a motorcycle they also say that the keys need to be seized in order to be able to look in more places under the warrant requirement. True or False

A

True

24
Q

Do warrants have time limits?

A

Yes

25
Q

Some warrants are more specific telling the time of day that the warrant can be executed. True or False

A

True

26
Q

If the police can give a valid reason the judge can expand the amount of time when a warrant can be served. True or False

A

True

27
Q

Police are legally required to walk up to the door, and do what?

A

Knock and announce and give people a reasonable time to respond

28
Q

What is a reasonable amount of time for the knock and announce warrant ?

A

20-30 seconds

29
Q

Are there exceptions to the knock and announce requirement?

A

Yes

30
Q

Can police apply for a no knock warrant?

A

Yes

31
Q

There is a lot of controversy over the no knock warrant and if it increases safety or decreases safety. True or False

A

True