Chapter 7 Flashcards by Rebekah Belll

The popular name given to the first ten amendments to the U.S. Constitution which are considered especially important in the processing of criminal defendants

Bill of rights

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Searches
Seizures
Stop and frisk
Arrests

Are all components of which amendment?

4th

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Which case is associated with the exclusionary rule?

Weeks v. US

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Which case is associated with the Fruit of the Poisonous tree doctrine?

Silverthorne Lumbe Co. v. US

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Which case is associated with the protection of people not places?

US v. Rabinowitz

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The exclusionary rule and sate law enforcement are addressed in what case?

Mapp v. Ohio

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Immediate control in regards to search and seizure is addressed by which case?

Chimel v. California

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Good faith exception to the exclusionary rule is dealt with in which case?

US v. Leon

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Ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects

Plain view doctrine

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What are the 4 court cases involving the plain view doctrine?

Harris v. US
US v. Irizarry
Arizona v. Hicks
Horton v. California

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What are the 3 elements of a warrant?

) Neutral Magistrate
) Probable cause
) Particularity

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Four exceptions to the warrant requirements are…

) Searches incident to arrest
) Consent searches
) Exigent circumstances searches
) Vehicle

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Emergency searches fall under which warrant exception?

Exigent circumstances searches

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What are the two components of the vehicle warrant exception?

) Road blocks

2. ) Fleeing-target exception

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2 components of stop and frisk

) Reasonable suspicion

2. ) Probable cause

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A general and reasonable belief that a crime is in progress or has occured

Reasonable suspicion

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A reasonable belief that a particular person has committed a specific crime

Probable cause

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What 2 distinct behaviors does stop and frisk encompass?

) stops are seizures

2. ) Frisks are searches

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What are the 4 big civil liability issues?

) Civil remedies
) Criminal remedies
) Non-judicial remedies
) Exclusionary remedies

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The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, delinquent act, or a status offense terminating with a recording of a specific offense

Arrest

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What are the 4 court cases that are in regards to arrest?

) US v. Mendenhall
) US v. Robinson
) US v. Sokolow
) Minnesota v. Dickerson

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Police have the authority to ________ a person after arrest

Interrogate

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Aguilar v. Texas (2 pronged standard) deals with…

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Informants

The US supreme court ruled that informant information can establish probable cause if what 2 things are met?

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) the source of the informant’s information is made clear

2. ) the police officer has a reasonable belief that the informant is reliable

The 2 pronged test of Aguilar v. Texas was intended to prevent what?

The issuance of warrants on the basis of false or fabricated information

2 aspects to interrogation

1. ) Inherent coercion | 2. ) Psychological manipulation

True/False Opportunity to exercise their Miranda rights does not have to be afforded to the suspect throughout the interrogation

False - they have the right to use them at any point in time

True/False After such warnings have been given a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement

True

2 aspects of the knowing waiver if the Miranda rights

1. ) Suspect's native language | 2. ) Understand the advisement

Understand the consequences of not invoking rights

Intelligent waiver

When was the public safety exception to Miranda created and in what court case?

1984, New York v. Quarles

Considerations of public safety override the Miranda requirement in order to prevent further harm

Public Safety Exception to Miranda

6 methods of data gathering?

1. ) USA PATRIOT Act of 2001 2. ) Body cavity searches 3. ) Electronic eavesdropping 4. ) Electronic evidence 5. ) Latent evidence 6. ) Digital criminal forensics

What 3 principles establish the rule of law?

1. ) Absolute supremacy or predominance of regular law 2. ) Equality before the law 3. ) Law of the US Constitution as a consequence of the rights of individuals as defined and enforced by the courts

The means are more important than the ends

The rule of law

Police officers need to constantly hone their knowledge of the legal aspects of their occupation because of...

Our dynamic legal system

The 4th amendment serves what three primary functions?

1.) Intended to limit overzealous behavior by the police 2,) Requires warrants to be issued by a neutral magistrate 3.) Balances individual's right to privacy with society's right to search

Probable cause is...

The standard for legal arrest

Probable cause is more than a mere_____ but less than actual _________

Hunch, knowledge

What 2 things does the court look at in regards to the probable cause an officer had at the time of the arrest?

1. ) type | 2. ) amount

Requires that all evidence obtained in violation of the fourth amendment be excluded from the government's use in a criminal trial

Exclusionary rule

Mapp v. Ohio did what?

Applied exclusionary rule to the state courts

4 modifications of the exclusionary rule

1. ) Public safety exception 2. ) Inevitability of discovery exception 3. ) Good faith exception 4. ) Unrelated illegal conduct

Christian burial speech falls under which modification of the exclusionary rule?

Inevitability of discovery exception

Primary guarantee of personal freedom in a democracy

Write of habeas corpus

the writ of habeas corpus requires...

Incarcerated person to be brought before a judge for investigation into the restraint of that person's liberty

Writ of habeas corpus is a means of remedying ______ arrest or other illegal detention

Wrongful

Why are legal provisions on arrest important?

They prevent possibly harmful police actions

Officers must obtain warrants when making what kind of arrests, assuming there are no exigent circumstances?

Felony

Officer swears in an ______ that they have certain knowledge that a particular person committed an offense

Affidavit

What does a warrentless arrest require?

Exigent circumstances and probable cause

True/False Street officers rarely have the time or opportunity to effect arrests with a warrant in time

True

Police must have ______ _____ to take a person into custody and to police station for interrogation

Probable cause

True/False Police can randomly stop a single vehicle to check registration and license

False - they cannot

Who can the police arrest in a vehicle where drugs are found

Everyone

A person arrested without a warrant must have...

Prompt initial appearance

True/False Police may enter a home without a warrant if they reasonably believe an occupant is/ is about to be seriously injured

True

Chapter 7 Flashcards

(57 cards)