Chapter 5 AJS275

A police officer can legally stop and detain someone against his or her will whenever the police officer feels like it.

False

A Terry Stop must be:

Brief, Efficient and narrow in scope.

Can a police officer ever arrest someone NOT based upon Probable Cause? Remember: an arrest is different than being detained.

No

Simply put, an arrest is when a police officer takes a person into custody, who is not free to leave, after the police officer has evidence that a crime has been committed and the suspect probably (probable cause) committed it.

True

The police can search a suspect and his or her property without a search warrant if he or she gives consent (e.g. permission). This is known as a Consent Search.

True

The term Deadly Force refers to actions of police officers that result in the killing of a person.

True

Due Process, which guarantees Equal Protection Under the Law in the United States Constitution, basically means that only wealthy and/or important people are guaranteed to be treated fairly by our legal system.

False

A police officer hears loud screaming, crying and shouting inside a house while walking by and enters without a search warrant by kicking in the front door. When inside, the police officer witnesses a person being assaulted by his or her spouse. The police officer arrests the spouse for assault. This search is:

LEGAL because it was an emergency which is also known as Exigent Circumstances

Investigative Detention

Less than arrest but more than a consensual encounter. This is when a person believes that he or she cannot just walk away. Terry V. Ohio)

Reasonable Suspicion is the minimum amount of information/evidence necessary for a police officer to arrest a person.

Probable cause

The Fourth Amendment to the United States Constitution requires Probable Cause for a police officer to make an arrest.

Probable cause

The 4 types of Warrantless Searches PERMITTED are: (1) Search by Consent, (2) Emergency Searches, (3) Searches incident to Arrest, and (4) Stop-and-Frisk Searches . In other words, the police may search a person under these 4 circumstances without a search warrant.

Stop-and-Frisk Searches

Arrest

The act of placing a person in custody for a suspected violation of criminal law.

Consensual Encounter

The police officer may not exert any authority over the subject. Officers can continue to seek the subjects cooperation, but cannot demand it.

Contact

The subject is free to walk away if he or she desires It is the sole decision of the subject to whether or not to cooperate with the officer.

According to the textbook, examples of Probable Cause are_______________.

The suspect attempted to run away when approached by the police The suspect admitted to any part of the alleged crime The suspect acted as if she or he was trying to hide something Not a single fact, but many facts put together

Physical force may be used by a police officer against a person who is being arrested for the following three purposes only (check the 3 correct answers):

To protect the officer or others from danger,To overcome resistance and to prevent escape.

A police officer may detain (not arrest) a person who is not allowed to leave while conducting an investigation in some situations. This is known as a "Terry Stop" from the 1968 United States Supreme Court case Terry versus Ohio.

True

A police officer may use force to arrest someone if the force is "Objectively Reasonable."

True

According to the textbook, most searches by police occur without search warrants being issued.

True

Based on the Search Incident to Lawful Arrest rule, a police officer may search the pockets of a person whom he or she has arrested without a search warrant.

True

During a "Terry Stop," a police officer may "pat down" or "frisk" the outer clothing of a person he or she believes may have a weapon without probable cause, a search warrant, and even if the person refuses to cooperate.

True

During a Contact, Consensual Encounter, or Investigative Detention, it might appear that a police officer has arrested the person but has actually not.

True

In case of Arizona versus Gant, the United States Supreme Court ruled that the police may search most of the passenger compartment (interior) of a motor vehicle without a search warrant if they arrest the driver who is sitting inside the vehicle at the time of the arrest. This is another example of the Search incident to Lawful Arrest rule.

True

Simply put, Probable Cause is the minimum amount of information/evidence necessary to make a reasonable person believe that a crime has been or is being committed by a specific person.

True

Simply put, a Search Warrant is a legal document completed by the police and signed by a Judge which requests permission to search a person's property (e.g. house, car, storage room, office, computer) and is based on the Fourth Amendment to the United States Constitution. It's designed to ensure the police are going to conduct a legal search and protect the person's Constitutional rights.

True

The 3 sections of a Search Warrant are: (1) The Affidavit, (2) The Search Warrant, and (3) The Search Warrant Return.

True

The Bill of Rights refers to the first 10 Amendments of the United States Constitution and grants individual freedoms such as protecting us from illegal searches by the police.

True

The Exclusionary Rule states that courts will exclude (not allow) any evidence which was illegally obtained by the police, and therefore cannot be used against a criminal defendant in court.

True

To add to the earlier question (Question No. 11) about the domestic violence incident, a police officer hears loud screaming, crying and shouting inside a house while walking by and enters without a search warrant by kicking in the front door. When inside, the police officer witnesses a person being assaulted by his or her spouse. The police officer arrests the spouse for assault. The part below is new information: While arresting the person, the police officer also sees a bag of heroin on a table in the kitchen. Because the heroin was in PLAIN VIEW and did not require a search of any kind by the police officer to find it, the person can also be arrested for illegal drug possession. This is known as the Plain View Doctrine.

True-In the United States, the Plain View Doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation.

The Fourth Amendment to the United States Constitution has two important parts related to criminal investigation: (1) It Forbids "unreasonable searches and seizures" by the government and (2) Requires that any "warrant" issued (e.g. search warrant) must be based upon "probable cause."

True-The Fourth Amendment: "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 warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Search Warrant's Affidavit tells the Judge who is being asked to sign it what 3 things (check the 3 correct answers)?

What is being searched for Where the search is to occur Why the search is to be conducted