Chapter 3 Flashcards
(25 cards)
When police officers conduct a warrant search at the wrong location but their mistake is considered reasonable given the circumstances, is there a violation of the Fourth Amendment?
No
True
Does reasonable suspicion require a greater burden of proof than probable cause?
No
False
Are the police permitted to detain individuals with less than probable cause?
Yes
True
Under which circumstance would an officer not be acting under the color of state law?
When they report details of alleged crimes as private citizens
Correct!
What does the exclusionary rule hold?
Evidence obtained by the government in violation of the 4th amendment’s guarantee against unreasonable search and seizures is not admissible in criminal prosecution to demonstrate guilt
Correct!
What is an affidavit?
A written document describing exactly what is to be searched and what is to be seized
Correct!
Does a police officer acting as a bank guard act under the color of state law if they try to stop a bank robbery?
Yes
True
Will police officers always be held civilly liable for their actions, even if acting in good faith?
No
False
Consensual encounters, investigative detentions, and arrests are three types of what?
Police-citizen encounters
Correct!
What is the landmark case for stop and frisk?
Terry v. Ohio
Correct!
Can statements obtained in violation of Miranda still be used to challenge the credibility of the defendant if they testify in court?
Yes
True
Is the purpose of the frisk limited in scope to weapons or instruments that can injure the officer?
Yes
True
What must an arrest be based upon?
Probable cause
Correct!
Does qualified immunity extend to police officers performing discretionary duties?
Yes
True
Does the open field doctrine protect items in open fields under the Fourth Amendment?
No
False
What does the plain view doctrine hold?
Evidence that is seized must be in plain view and seized objects must be immediately apparent as evidence or contraband
Correct!
Under the plain view doctrine, must police have prior justification for being present at the scene?
Yes
True
Under the case of Terry v. Ohio, must police have probable cause to conduct a frisk?
No
False
What is the ‘Ferguson Effect’ also referred to as?
Depolicing
Correct!
In situations of civil liability, what defense only applies when the police officer commits perjury in court?
Absolute immunity
Correct!
Is a wrongful death civil suit an intentional tort tried in federal court?
Yes
True
What does the Fourth Amendment cover?
Search and seizure
Correct!
Is the fruit of the poisonous tree doctrine an extension of the exclusionary rule?
Yes
True
What is key to intentional torts?
The culpable state of mind of the officer
Correct!
