criminal procedure

According to the Supreme Court in Michigan v. Summers, why may police lawfully detain a person without probable cause during the service of a search warrant?

During the time that a search warrant is executed in the person's house

The phrase ʺneutral and detachedʺ means that the judge should not:

all of the above

Search warrants must be served during daylight hours.

false

With regard to the probable cause showing, the officer applying for an arrest warrant must simply show probable cause that the person to be arrested committed the crime.

true

Media presence during the service of search warrants is:

acceptable if a legitimate law enforcement objective was served

Particularity is concerned with which of the following?

all of the above The description on the person to be arrested What evidence is sought? Who is to be arrested? Where a search is to be conducted

Which of the following is a common time constraint with regard to the service of search warrants?

all of the above The police must obtain another warrant if they want to search again after they have left. The search cannot last indefinitely. The warrant may need to be served during daytime hours. The service of the warrant should take place promptly after its issuance.

A magistrate can still be considered neutral if they disclose the fact that they are receiving a small fee to issue a warrant.

false

If the police mistakenly search the wrong residence, the search will automatically be deemed invalid

false

The Supreme Court has ruled that a state Attorney General may issue a search warrant in a case that officer directs if a statute explicitly confers such power.

false

The federal government has to follow a different set of rules than the state government with regard to electronic communication.

false

The police are always required to announce their presence when serving warrants

false

The police may enter a third party's home to make an arrest as long as there is an arrest warrant for the person.

false. search warrant must be granted

A compelled surgical intrusion into an individual's body for evidence implicates expectations of privacy and security of such magnitude that the intrusion may be ʺunreasonableʺ even if likely to produce evidence of a crime.

true

Probable cause is required for all valid search and arrest warrants.

true

In what case did the Supreme Court rule that a search warrant was necessary before police could cause remove a bullet to be surgically removed from a suspect?

winston vs lee

A search warrant must be supported by probable cause that the:

Items to be seized are connected with criminal activity.

Which one of the following is NOT a factor used to distinguish between an arrest and a stop?

Location

Title III restricts the ʺinterceptionʺ of

oral communications in private places

In which case did the Supreme Court first hold that police officers cannot make warrantless, nonconsensual entries into private homes for the purpose of making arrests?

payton vs new york