Exam 2 Flashcards
(117 cards)
1
Q
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
A
Bill of rights
2
Q
-Searches-Seizures-Stop and frisk-Arrests Are all components of which amendment?
A
4th
3
Q
Which case is associated with the exclusionary rule?
A
Weeks v. US
4
Q
Which case is associated with the Fruit of the Poisonous tree doctrine?
A
Silverthorne Lumbe Co. v. US
5
Q
Which case is associated with the protection of people not places?
A
US v. Rabinowitz
6
Q
The exclusionary rule and sate law enforcement are addressed in what case?
A
Mapp v. Ohio
7
Q
Immediate control in regards to search and seizure is addressed by which case?
A
Chimel v. California
8
Q
Good faith exception to the exclusionary rule is dealt with in which case?
A
US v. Leon
9
Q
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
A
Plain view doctrine
10
Q
What are the 4 court cases involving the plain view doctrine?
A
Harris v. US
US v. Irizarry
Arizona v. Hicks
Horton v. California
11
Q
What are the 3 elements of a warrant?
A
- ) Neutral Magistrate
- ) Probable cause
- ) Particularity
12
Q
Four exceptions to the warrant requirements are…
A
- ) Searches incident to arrest
- ) Consent searches
- ) Exigent circumstances searches
- ) Vehicle
13
Q
Emergency searches fall under which warrant exception?
A
Exigent circumstances searches
14
Q
What are the two components of the vehicle warrant exception?
A
- ) Road blocks
2. ) Fleeing-target exception
15
Q
2 components of stop and frisk
A
- ) Reasonable suspicion
2. ) Probable cause
16
Q
A general and reasonable belief that a crime is in progress or has occured
A
Reasonable suspicion
17
Q
A reasonable belief that a particular person has committed a specific crime
A
Probable cause
18
Q
What 2 distinct behaviors does stop and frisk encompass?
A
- ) stops are seizures
2. ) Frisks are searches
19
Q
What are the 4 big civil liability issues?
A
- ) Civil remedies
- ) Criminal remedies
- ) Non-judicial remedies
- ) Exclusionary remedies
20
Q
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
A
Arrest
21
Q
What are the 4 court cases that are in regards to arrest?
A
- ) US v. Mendenhall
- ) US v. Robinson
- ) US v. Sokolow
- ) Minnesota v. Dickerson
22
Q
Police have the authority to ________ a person after arrest
A
Interrogate
23
Q
Aguilar v. Texas (2 pronged standard) deals with…
A
Informants
24
Q
The US supreme court ruled that informant information can establish probable cause if what 2 things are met?
A
- ) the source of the informant’s information is made clear
2. ) the police officer has a reasonable belief that the informant is reliable
25
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
26
2 aspects to interrogation
1. ) Inherent coercion
| 2. ) Psychological manipulation
27
True/FalseOpportunity 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
28
True/FalseAfter such warnings have been given a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement
True
29
2 aspects of the knowing waiver if the Miranda rights
1.) Suspect's native language2.) Understand the advisement
30
Understand the consequences of not invoking rights
Intelligent waiver
31
When was the public safety exception to Miranda created and in what court case?
1984, New York v. Quarles
32
Considerations of public safety override the Miranda requirement in order to prevent further harm
Public Safety Exception to Miranda
33
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
34
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
35
The means are more important than the ends
The rule of law
36
Police officers need to constantly hone their knowledge of the legal aspects of their occupation because of...
Our dynamic legal system
37
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
38
Probable cause is...
The standard for legal arrest
39
Probable cause is more than a mere_____ but less than actual _________
Hunch, knowledge
40
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
41
Requires that all evidence obtained in violation of the fourth amendment be excluded from the government's use in a criminal trial
Exclusionary rule
42
Mapp v. Ohio did what?
Applied exclusionary rule to the state courts
43
4 modifications of the exclusionary rule
1. ) Public safety exception
2. ) Inevitability of discovery exception
3. ) Good faith exception
4. ) Unrelated illegal conduct
44
Christian burial speech falls under which modification of the exclusionary rule?
Inevitability of discovery exception
45
Primary guarantee of personal freedom in a democracy
Writ of habeas corpus
46
the writ of habeas corpus requires...
Incarcerated person to be brought before a judge for investigation into the restraint of that person's liberty
47
Writ of habeas corpus is a means of remedying ______ arrest or other illegal detention
Wrongful
48
Why are legal provisions on arrest important?
They prevent possibly harmful police actions
49
Officers must obtain warrants when making what kind of arrests, assuming there are no exigent circumstances?
Felony
50
Officer swears in an ______ that they have certain knowledge that a particular person committed an offense
Affidavit
51
What does a warrentless arrest require?
Exigent circumstances and probable cause
52
True/FalseStreet officers rarely have the time or opportunity to effect arrests with a warrant in time
True
53
Police must have ______ _____ to take a person into custody and to police station for interrogation
Probable cause
54
True/FalsePolice can randomly stop a single vehicle to check registration and license
False - they cannot
55
Who can the police arrest in a vehicle where drugs are found
Everyone
56
A person arrested without a warrant must have...
Prompt initial appearance
57
True/FalsePolice may enter a home without a warrant if they reasonably believe an occupant is/ is about to be seriously injured
True
58
Miranda v. Arizona (1966)
Established the famous requirement of a police "rights advisement" of suspects
59
A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical day-to-day operations of the justice system
Landmark case
60
Evidence seized without regard to the principles of due process as described by the bill of rights, often the result of police searches conducted without a proper warrant or of improperly conducted interrogations
Illegally seized evidence
61
Most due process requirements of relevance to the police pertain to what three major areas?
1. ) Evidence and investigation
2. ) Arrest
3. ) Interrogation
62
A writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. In some states, this writ is the mechanism for discretionary review.
A writ of certiorari
63
What case dealt with a man who was using the US mail to sell lottery tickets, and was convicted because of illegally seized evidence from his house?
Weeks v US (1914)
64
True/False
The decision of the Supreme Court in the Weeks case was binding at the time only on federal officers because it was federal agents who were involved in the illegal seizure
True
65
Which of the Amendments are referred to as Bill of Rights?
1-10
66
Rule of law means?
The means (method or process) is more important than the ends or end state
67
True/False
The 4th amendment was drafted to protect citizens from overzealous government actors
True
68
The US legal system is founded upon what would be considered a...
A dynamic and constantly changing system of law, a dynamic system of laws due in part because it has so many sources of law
69
Probable cause is the legal standard for...
Arrests and searches
70
True/False
Probable cause is more than a hunch but can be less than certainty or actual knowledge
True
71
The Christian Burial speech by a detective was found to be unconstitutional. Therefore even if it is inevitable that evidence will be found after the speech is given to a defendant...
The evidence can be used if it is inevitable that it will be discovered
72
A writ of habeas corpus
Is a means of remedying wrongful arrests or other illegal detentions and requires an incarcerated person to be brought before a judge for investigation into that person's restraint of liberty
73
When is a person seized for the purposes of arrest?
There is no set rule that determines the point of seizure,the standard is whether the person believes her/his liberty is restrainted
74
Which case permits a brief detention and pat down of a suspect with less than probable cause?
Terry v. Ohio (1968)
75
An electronic wiretap is a seizure of...
A private conversation
76
When the police induce a person to commit a crime when that person would not otherwise engage in the criminal conduct it is called
Entrapment
77
The juvenile justice system seeks too...
Protect the child
Rehabilitate a child
Protect the privacy of the child
78
A warrant requires three elements to be in compliance with the 4th amendment which are..
1. ) Neutral magistrate
2. ) Probable cause
3. ) Particularity
79
Items which are readily visible to officers who are authorized to be in the location of observation are admissible into evidence under what doctrine?
Plain view doctrine
80
Which legal standard is the minimum required for a stop and frisk?
A general suspicion and reasonable belief that a crime is in progress or has occured
81
Which of the following is a required part of the advice to a person in custody referred to as the Miranda warning?
- The subject may remain silent
- Any statements made can be used in a court of law
- The person has a right to the presence and representation of an attorney
- If the person cannot afford an attorney one will be appointed to you
All of them
82
In order for a person to waive their rights under Miranda the waiver must do what 4 things?
1. ) It must be a knowing waiver
2. ) The subject must understand the rights waived
3. ) The warning must have been provided in the suspects native language
4. ) The person must under the consequences of not invoking their rights
83
Wolf v Colorado (1949)
In this case a doctor was believed to be conducting abortions in violation of state law. Local officers went to the doctor's clinic and arrested him the searched his office both without a warrant. The SC found the search was in violation of the 4th amendment
84
US V. Rabinowitz (1950)
Police arrested the defendant at his one room business with an arrest warrant but searched the entire business including his records, no search warrant was issued. The SC found the search of the business permissible the case was later overturned
85
Silverthorne Lumber Co v. US (1920)
The SC found the use of the business records unlawfully examined by federal officers resulted in derivative evidence which must be excluded at trial the derivative evidence was the equivalent of the fruit of the poisonous tree
86
Herring v. US (2009)_
A case heard by the "Robert's court" which refused to apply the exclusionary rule when officers committed mistakes of negligence
87
Mapp v. Ohio (1961)
The first major case in which the exclusionary rule was applied to state and local officers. It involved a factual situation in which a detective displayed a piece of paper as if it was a search warrant. It wasn't
88
Weeks v. US (1914)
Established a form of the exclusioanry rule for federal officers only
89
Arizona v. Hicks (1987)
A case in which officers were investigating a shot that traveled downstairs apartment
90
US v. Leon (1984)
Established good faith doctrine
91
The ability of state officers to provided Federal officers evidence seized unconstitutionally
Silver platter doctrine
92
Chimel v. California
This was a search pursuant to an arrest warrant, deals with breadth of search
93
From 1961-1969 the Warren Court began
Reshape the concepts of state and local officer accountability for unconstitutional searches
94
Conventional approaches to interpreting the 4th amendment identify 2 critical clauses within the amendment
1. ) Warrant clause
| 2. ) Reasonableness clause
95
One of the goals of the exclusionary rule is to place the offending officers
In no better position than they were before the unconstitutional search actions
96
Wilson v. Layne (1999)
Addressed whether or not the media can enter private places with law enforcement officers who have a warrant
- Media ride-alongs
- Forbidden
- Media not listed in search warrant
97
Parnes Patriae
The state is the ultimate parent
98
Loco parentis
States acts in place of the parent
99
Weeks v. Us =
Exclusionary rule
100
Silverthorne Lumber Co. v. Us =
Fruit of the poisonous tree
101
US v. Rabinowitz =
Protection of people not places
102
Mapp v. Ohio =
The exclusionary rule & law enforcements being applied to states too
103
Chimel v. California =
Immediate control
104
US v. Leon =
Good faith exception to the exclusionary rule
105
Harris v. US
US V. Irizarry
Arizona v. Hicks
Horton v. California =
Plain view doctrine
106
A legal concept that provides a basis for suspicionless searches when public safety is at stake
Compelling interest
107
A search conducted by law enforcement personnel without a warrant and without suspicion
Suspicionless search
108
Suspicionless searches are permissible if...
they are only based on an overriding concern for public safety
109
The information gathering activity of police officers that involves the direct questioning of suspects
Interrogation
110
The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information
Inherent coercion
111
Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control
Psychological manipulation
112
The dual principles of custody and interrogation, both of which are neccesar before an advisement of rights is required
Miranda triggers
113
A law passed by congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications
Electronic communications privacy act (ECPA)
114
A search that occurs in the suspect's absence and without his or her prior knowledge
Sneak-and-peak search
115
Information and data of investigative value that are stored in or transmitted by an electronic device
Electronic evidence
116
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye
Latent evidence
117
The lawful seizure, acquisition, analysis, reporting and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events
Digital criminal forensics
