OFGHAA #1 Criminal Procedure

The theory world and real world can differ for which of the following reasons?

(ALL ABOVE) -What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system. -The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies. -The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.

In which of the following scenarios can the seizure of a person occur?

-When a police officer simply questions a person -When a police officer is in pursuit of a person -When he or she is arrested and taken to the police station for questioning

5 elements to establish "color of law"

-identify themselves as officers -performing a criminal investigations -filed official police documents -making an arrest -invoking police powers in or outside

There are three concerns that make the incorporation debate significant. Which of the following is NOT one of them?

-incorporation may threaten federalism -most contact between police and citizens takes place at the federal level -Incorporation protects separation of powers

4 important questions when a search or seizure has taken place?

1. has a seizure taken place 2. has a search taken place 3. was there a reasonable exception of privacy 4. was the search &/or seizure conducted by the gov?

Makes the Bill of Rights binding on the states

14 Amendment

Referred to as the "Incorporation"

14th Amendment

Equal Protection of law

14th amendment

At the federal level, the most common statute for holding police officers criminally liable is:

18 U.S.C Section 242

Allows one to petition the gov.

1st Amendment

Freedom of Press

1st Amendments

Freedom of religion

1st amendment

Known as the "Freedom" amendment

1st amendment

Probable cause before arrest

4th Amendment

Requires warrants to be supported by oath or affirmation

4th Amendment

There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most often-cited source of rights in criminal procedure?

4th Amendment

Police cannot search your home without a warrant

4th amendment

Provides protection against self incrimmination

5th Amendment

Double jeopardy

5th amendment

Provides right to an impartial jury

6th Amendment

Right to attorney if complaint has been filed

6th Amendment

Quick and speedy trial

6th amendment

Right to trial by jury in criminal cases

6th amendment

right to confront witnesses

6th amendment

Protection from cruel and unusual

8th Amendment

bail should be reasonable

8th Amendment

In which case did the Supreme Court find that respondents could have no reasonable expectation of privacy for abandoned property?

California v. Greenwood

What are the 3 requirements for a civil lawsuit to proceed?

Duty, Dereliction of duty, and damages

1 amendment

Freedom of speech, press, religion, assembly, and petition.

To define when a search takes place, which two important factors need to be considered?

Government action and reasonable expectation of privacy

Which of the following is NOT a characteristic of the crime control perspective?

Insistence on formality of due process rules & faith in courts

Which statement is true of the Fourteenth Amendment?

It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

Which statement is true of the Eighth Amendment?

It protects from cruel and unusual punishment.

Which statement is true of the Fourth Amendment?

It protects from unreasonable searches and seizures.

Which statement is true of the Sixth Amendment?

It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Which statement is true of the Fifth Amendment?

It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

infraction

Minor violation of a rule or law

8th Amendment

No cruel or unusual punishment

4 amendment

No unreasonable search and seizure

This term refers to more than bare suspicion; it exists when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."

Probable Cause

The Fourth Amendment contains which two basic clauses?

Probable and reasonable suspicion clauses

6th Amendment

Right to a fair, speedy trial

14th Amendment

Rights of Citizens

A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:

Stare Decisis

In which case did the Supreme Court state that a seizure has occurred if the officer's conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?

Terry v. Ohio

Which of the following is a criticism of the exclusionary rule?

The rule excludes reliable evidence.

Which of the following is an argument in support of the exclusionary rule?

The rule is beneficial because it helps innocent people.

The most important source of rights applying to criminal procedure is/are:

U.S. Constitution

Objectivity Reasonableness

When a officer would do the same as the officer in question

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

Misdemeanor

a minor wrongdoing

due process perspective

a perspective that views the role of the criminal justice system to be to ensure that all people accused of crimes are treated fairly and equally in the system

To be held liable under Section 242, a law enforcement officer must:

act with specific intent to deprive a person of important constitutional (or other federal) rights.

What does the term Color of Law mean?

active in duty

When an appellate court agrees with a lower court's decision, it _____ that decision.

affirms

Subjective Reasonableness

belief that the officer did the right justification

42 U.S.C Section 1983 is used for:

civil liability

Which is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief?

civilian review

In order for criminal liability to be imposed under Section 242, a(n) ____________ right must be clearly established.

constitutional

The primary purpose of criminal procedure is to maintain the proper balance between:

controlling crime and due process

writ of assistance

court document allowing customs officers to enter any location to search for smuggled goods

Typically, the lowest-level court(s) in a given state is/are:

courts of general/limited jurisdiction

In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) generally has to prove that the defendant officer intended for the violation to occur is referred to as:

culpability

According to the Supreme Court, which of the following is the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"?

curtilage

When a decision does not apply to the current facts, a court will _________, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.

distinguish the case

At the federal level, the lowest-level trial court is referred to as:

district courts

5 amendment

double jeopardy, self incrimination, due process

Crime Control Perspective

emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of:

enhancement devices

Which of the following is the most frequently discussed remedy in criminal procedure?

exclusionary rule

There are two types of remedies:

extralegal and legal

Probable cause may be established in many ways. Which of the following would be an example?

flight from the scene, suspicious conduct, and incriminating evidence (all of the above)

One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is:

free to decline the officer's requests.

Which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search?

fruit of the poisonous tree

Which exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible?

good faith

The exclusionary rule does NOT apply in:

habeas corpus proceedings, parole revocation hearings, & grand jury investigations

Which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis?

house

Police officers act under color of law when they:

identify themselves as officers

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?

independent source exception

In the Section 1983 context, the theory that the officer who allegedly committed the constitutional rights violation should be held liable is referred to as:

individual liability

Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway?

inevitable exception

A nonjudicial remedy in which the police investigate on their own complaints against officers is:

internal review

There are three nonjudicial remedies available for police misconduct. Which are of the following is/are NOT one of them?

internal, civilian, and mediation review

Which of the following is necessary for the police to engage in actions that trigger the Fourth Amendment? Examples include probable cause and reasonable suspicion.

justification

Legal guilt is determined by whether a person is guilty according to the:

law

A method of alternative dispute resolution in which a neutral third party renders disciplinary decisions is referred to as:

mediation

probable cause

more likely than not

If the police activity in question does not involve a person, house, paper, or effect:

no Fourth Amendment protections exist

When an appellate court reverses a lower court's decision, it:

nullifies or sets aside a trial verdict

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as:

open field

Which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence?

papers and effects

Which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes?

person

The Fourth Amendment protects which of the following from unreasonable searches and seizures?

persons, houses, and papers/effects (all of the above)

The due process clause consists of two types of due process: substantive and procedural. Substantive due process refers to:

protection from arbitrary and unreasonable action on the part of state officials.

A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force, is referred to as:

public duty defense

Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?

purged taint exception

Exceptions to the fruit of the poisonous tree doctrine include:

purged taint, independent source, and inevitable discovery

Which of the following are NOT one of the concepts underlying the due process perspective?

quantity is better than quality

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's:

reasonable expectation of privacy

The first part of 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 . . ." is referred to as the:

reasonableness clause

Extralegal remedies are:

remedies conducted outside the legal process

Which of the following occurs when a police officer-by means of physical force or show of authority-intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave?

seizure of a person

When there is some meaningful interference with an individual's possessory interest in that property, it is defined as a:

seizure of property

Which incorporation perspective has arguably "won out" over the others?

selective incorporation

Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.

selective incorporation

Each state has its own highest court, typically referred to as:

state supreme courts

The total incorporation perspective can be best described as the view that:

the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights.

Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt?

the exclusionary rule

In several arrest cases, the courts have considered what sources of information meet the probable cause burden. Three main sources of information have been examined. Which of the following is NOT one of them?

undercover agent information

Who are considered government officials within the meaning of the Fourth Amendment?

uniformed police officers, fire inspectors, and public school teachers (all of the above)

When people __________ convey information or provide material to third parties, they cannot have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities.

voluntarily

The second part of the Fourth Amendment, ". . . 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" is referred to as the:

warrant clause

In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a:

writ of certiorari