4th & 5th

Question 1

4th amendment

Answer 1

the right of the people to be secure in their persons, houses, papers and effects against UNREASONABLE searches and seizures, shall not be violated and no warrant shall issue, but upon probably cause, supported by oath or affirmation, and particularly descriving the place to be secured and the persons or things to be seized.

Question 2

search

Answer 2

entry by an agent of the government on a quest for evidence into an area where a person has a reasonable expectation of privacy

Question 3

intrusive search

Answer 3

a quest for evidence that may cause destruction or damage of property

Question 4

two types of spaces onboard vessels

Answer 4

common and private

Question 5

reasonable suspicion

Answer 5

belief by a reasonable and prudent person, based on articulatible facts that something has happened

Question 6

probably cause

Answer 6

belief by a reasonable and prudent person, given the overall circumstances, that a crime has been committed

Question 7

evidence

Answer 7

physical items or information that indicate whether something is true or valid

Question 8

4 types of personal searches

Answer 8

frisk (RS, pass and feel for weapons)
SIA (crush and feel for weapons, means of escape, evidence)
strip search (RS that a w, e, moe is secreted on a person, need witness, preferable of same sex)
body cavity search (RS that w, e, moe is secreted inside a specific body cavity. done by licensed physician - unless absolute medical emergency)

Question 9

plain view discovery

Answer 9

officer lawfully present in an area may seize an item that is readily apparent as evidence

Question 10

how can we use CGIS

Answer 10

look up

Question 11

5th amendment

Answer 11

right to not sef incriminate, due process, double jeopardy

Question 12

custodial situation

Answer 12

when a reasonable innocent person in the suspect;s position would feel a restraint on his or her freedom of movement to such an extent that it approaches formal arrest

Question 13

rights advice

Answer 13

warning given to individuals in police custody before they are interrogated to inform them of their constitutional rights

Question 14

coerced statement

Answer 14

threatening/pressuring subject to make a statement

Question 15

exclusionary rule

Answer 15

information/evidence gathered by violating subject’s constitutional rights is inadmissible

Question 16

arrest

Answer 16

seizing and taking into custody of a person. we require SNO, PC

Question 17

rights advice 2 prong test

Answer 17

is person being placed in custodial situation

will my questions illicit an incriminating response

Question 18

4 elements of arrest

Answer 18

authority
intent
knowledge
complaince