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Criminal Justice > Ch 6B > Flashcards

Ch 6B Flashcards

1
Q

In the Terry v. Ohio case, the Supreme Court established a distinction between an investigatory stop and an arrest. Which is the difference between the two?

A

An investigatory stop allows officers to “frisk” or pat-down the outer clothing for offensive weapons.

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2
Q

Which Supreme Court case held that warrantless seizures of property from a private residence constitutes a violation of the Fourth Amendment and established the Exclusionary Rule for federal criminal trials?

A

Weeks v. United States

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3
Q

Which case expanded the Exclusionary Rule to state criminal trials?

A

Mapp v. Ohio

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4
Q

When may an officer conduct a warrantless search of a person for evidence of a crime?

A

After a lawful arrest

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5
Q

The Tennesse v. Garner case held that killing a fleeing suspect is a seizure under the 4th amendment. Further, such a seizure is reasonable if the suspect _______.

A

posed a threat to the safety of police officers or others

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6
Q

A subject with type 1 diabetes was subjected to the use of force by officers in the Graham v Connor case. The case established several factors that must be considered by police officers when using force against a suspect. What are these factors?

A
  1. if the suspect poses an immediate threat to the officers
  2. If the suspect is actively resisting arrest
  3. If the suspect is merely trying to evade arrest
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7
Q

According to the lecture, how long was Ernesto Miranda interrogated before he signed a confession?

A

2 hours

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8
Q

The result of the Miranda v. Arizona case established that a person in custody must be given his or her Miranda warnings at what point during questioning?

A

Prior to any questioning

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9
Q

What case talks about the control of deadly force?

A

Tennessee v. Garner

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10
Q

In Graham v Connor, the Supreme court establish that issues related to non-deadly force must be judged from the standpoint of _________.

A

objective reasonableness

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11
Q

Deadly Force may not be used unless_______.

A

if the officer has probable cause to believe that the suspect poses a threat of death or serious injury to the officer and society.

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12
Q

What are some examples of Non-deadly force?

A
  1. Handcuffs
  2. Rubber Bullets
  3. Stun Guns
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13
Q

What is the actual number of people killed by police each year is approx. _____?

A

400

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14
Q

What does “Suicide by cop” mean?

A

to identify victim-participated killings by police

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15
Q

What does deadly force mean?

A

a force that is likely to cause death or serious bodily injury

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16
Q

What are some examples of Less-Lethal Weapons?

A
  1. Tasers
  2. Shoot Nets
  3. Rubber Bullets
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17
Q

What is the most popular Less-Lethal Weapons?

A

Tasers

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18
Q

Suppose an officer is approached in a threatening manner by someone with a knife. The person fails to stop when warned and is killed by the officer, but it turns out the shooting victim was dead and could not hear the officer’s command, is the officer held liable?

A

No, the officer would not be held liable if, at the time of the incident, he had no way of knowing about the person’s disability.

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19
Q

What must police provide prosecutors at trial with sufficient evidence to prove guilt, “__________________”.

A

beyond a reasonable doubt

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20
Q

What does the 4th amendment restrict police?

A

limiting searches and seizures to those deemed “reasonable”

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21
Q

What does the Fifth Amendment guarantee people the right to be _______________________.

A

free from self-incrimination

22
Q

Confessions obtained from defendants through coercion, force, trickery, or promise of leniency are inadmissible because their trustworthiness is questionable. TRUE or FALSE?

A

True

23
Q

In the case of Miranda v. Arizona (1966), the court maintained that before the police can question a person who has been arrested or is in custody, they must inform the individual of his/her 5th amendment right to be free from self-incrimination. TRUE or FALSE?

A

True

24
Q

If the defendant is not given Miranda Warnings before the interrogation, the evidence obtained from the questioning cannot be admitted at trial. TRUE or FALSE?

A

True

25
Q

Can an accused person waive their Miranda rights at any time?

A

Yes

26
Q

What are the conditions for the waiver to be effective?

A

The state must show that the defendant was aware of all the Miranda rights and must then prove that the waiver was made with full knowledge of their constitutional rights.

27
Q

People who cannot understand the Miranda warnings because of their age, mental health capacity, or language barriers cannot be legally questioned without their attorney present. True or False?

A

True

28
Q

What happens when a suspect waives their rights?

A

If a suspect voluntarily waives their Miranda rights, the police can resume questioning them without violating the Constitution.

29
Q

In what amendment allows police may seize evidence that is governed by the search-and - seizure- requirement of the 4th Amendment of the U.S. Constitution?

A

4th Amendment

30
Q

Under normal circumstances, no search or seizure conducted without a search warrant is lawful. True or False?

A

True

31
Q

What are the steps to obtain a search warrant?

A
  1. The police officer must request a warrant from the court
  2. The officer must submit an affidavit establishing probable cause for the warrant
  3. The affidavit must state the place to be searched and the property to be seized
32
Q

A warrant cannot be issued unless the president magistrate is presented with sufficient evidence to conclude that an offense has been or is being committed and that the suspect is the one who committed the offense. This is referred to as ____.

A

Probable cause requirement

33
Q

Searches must also be reasonable under the circumstances of the crime. True or False?

A

True

34
Q

What are the 6 MAJOR EXCEPTIONS for a warrantless search?

A
  1. Search incident to a lawful arrest
  2. Stop and Frisk
  3. Automobile Search
  4. Consent Search
  5. PLain-View Search
  6. Exigent Circumstanceces
35
Q

a warrantless search is valid if it is made incident to a lawful arrest

A

Seach incident to a lawful arrest

36
Q

The “Search incident to a lawful arrest” does not include digital information on a cellphone following a person’s arrest. TRUE or False?

A

True

37
Q

What case mentioned stop and frisk?

A

Terry v. Ohio

38
Q

Police officers can perform a stop-and-frisk when they have reasonbale suspicion to believe that criminal activity is taking place. TRUE or FALSE?

A

True

39
Q

If an illegal weapon is found, then an arrest can be made and a search incident for the arrest can be performed. TRUE or FALSE?

A

True

40
Q

An automobile may be searched without a warrant if there is probable cause to believe that the car was involved in the crime. TRUE or FALSE?

A

True

41
Q

For a consent search to be legal, the consent must be given ______.

A

voluntarily

42
Q

In a consent search, individuals waive their conditional rights, therefore, neither a _____ nor ______ is required.

A

warrant, probable cause

43
Q

Plain view search: even when an obkject is in a house or other areas involving an expectation of privacy, the object can be freely inspected if it can be seen by the general public. TRUE or FALSE?

A

True

44
Q

If the items are considered to be in plain view and a search warrant is not required to seize it. True or false?

A

TRUE

45
Q

According to the lecture, what case was shown as an example of exigent circumstances?

A

Kentucky v. King

46
Q

The Supreme Court has identified a number of exigent or emergency circumstances in which a search warrant might be normally required but because of some immediate emergency, police officers can search suspects and places without a warrant. What are examples of these circumstances?

A
  1. Hot pursuit
  2. Danger of Escape
  3. Threat to Evidence
  4. Threat to Others
47
Q

In each of the circumstances of the exigent circumstances, officers must have ______.

A

Probable Cause

48
Q

What did the Supreme Court decision in the Kentucky v. King Case?

A

that it is constitutionally permissible for officers to forcibly enter a residence if they have probable cause to believe that evidence is being destroyed within.

49
Q

What does the Exclusionary rule say?

A

that all evidence obtained by unlawful searches and seizures is inadmissible in criminal trials; excludes the use of illegal confessions under the 5th amendment prohibitions.

50
Q

Evidence is admissible in court if the police officer acted in good faith by first obtaining court approval for their search, even if the warrant they received was deficient or faulty. This is known as the _____________.

A

Good Faith Exception.

Criminal Justice (2 decks)

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