Legal Guide for Police - Constitutional Issues

To successfully pursue an action in federal court under § 1983, the per- son who claims an injury must establish: (1) that the defendant deprived the injured party of "_____, _______, or ________ AND and (2) that the defendant against whom the action is brought acted "under _____ of statute, ordinance, regulation, custom, or usage."

"rights, privileges, or immunities" color

Guidelines in Determining Reasonable Grounds: 1. Personal Observations 2. Informants' Tips 3. Info from other officers or agencies 4. Past Criminal Record 5. Physical Evidence 6. Report of V. or Witness

...

In _______ v __________, defendant was arrested about 10 feet from his car, in his own driveway. Cocaine was discovered in his vehicle.

...Arizona v. Gant

The good faith exception does not apply if the officer cannot establish that he or she was relying in good faith on information from a _______ _______ or other person ________ to give official information to police.

...court official authorized

Dangers in relying on a consent search. First, the search is limited to the _____ _____ or meaning of the consent. Second, the consent may be _____ at any time. Third, the person giving consent must have the _____ _____ to do so.

...exact words withdrawn legal capacity

"Under ordinary circumstances, the search of a student by a school official will be justifiable when there are _____ _____ for suspecting the student has violated or is violating either the law or rules of the school. "

...reasonable grounds

This amendment applies the 5th Amendment (Due Process) to the states.

14th Amendment

In addition to liability under state tort laws, a civil action may be brought in federal court under Title ___ United States Code § 1983. Under this title, the officer is liable if he or she acts under color of law and deprives a person of a constitutional right. The officer may also be criminally liable under Title 18 United States Code § 242 for failing to comply with constitutional mandates and acting with willful intent.

42

The civil rights statute that provides civil remedies for official mis- conduct was enacted by Congress in 1871, and now is codified as Title ___ United States Code § 1983. Lawsuits under this statute are commonly referred to as § _______ actions.

42 1983

The Fourth Amendment does not impose on individual jurisdictions a rigid procedural framework for making the required prompt determinations of probable cause after a warrantless arrest. The probable cause determination must be made as soon as reasonably feasible, but in the usual case no later than ___ hours after arrest.

48

The________ Amendment enumerates safeguards for persons accused of a crime.

5th

"No person shall be deprived of life, liberty, or property, without due process of law . . ."

5th Amendment (Due Process)

Article ___ of the Constitution mandates that all executive and judicial officers, both of the United States and individual states, be bound by oath or affirmation to support the Constitution of the United States.

Article VI

Requirements of a Valid Search Warrant: A. The Proper Official Must Issue the Warrant B. A Warrant May Be Issued Only for _______ _______ (or the "mere evidence" rule) C. The Warrant Must Be Issued on ______ ______ D. The Warrant Must Be Supported by ______ or __________ E. The Place to Be Searched and the Things to Be Seized Must Be _________ Described

Authorized Objects Probable Cause Oath or Affirmation Particularly

The _______ rule. In this case, an automobile in which the defendant was a passenger was stopped for speeding. After stopping the car, the officer smelled marijuana and saw an envelope that he suspected contained marijuana on the floor of the car.

Belton

The _______ Rule: when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the _____ ________ of the automobile.

Belton passenger compartment

In Hibel v Sixth, officers responded to a domestic disturbance call. When the officer arrived at the scene, he asked defendant for identification. Defendant refused. The court said that state law [CAN / CANNOT] compel a person to disclose his name (according to Terry, not 5th Amendment)

CAN

In Samson v California 2006, the Court found that officers [COULD / COULD NOT] conduct a suspicionless search of a parolee without violating his or her Fourth Amendment rights.

COULD

The Person Giving Consent Must Have the _____ to Do So: "The consent of one who possesses common authority over the premises or effects is valid against the absent, non-consenting person with whom the authority is shared."

Capacity

_______ v United States began a line of cases related to the Fourth Amendment that would produce perhaps more litigation at the Supreme Court level than any other issues affecting law enforcement.

Carroll

The _____ contains no provision concerning the exclusion of evidence obtained in violation of the provisions of the Fourth Amendment.

Constitution

_____ has been defined as the open space situated within a common enclosure and belonging to the dwelling house. It is that place that is habitually used for family purposes, including a yard, a garden, or even a field that is nearby and used in connection with the dwelling.

Curtilage

In Illinios v. Caballes, the Supreme Court held that running a drug detection dog around a vehicle during a traffic stop [DID/DID NOT] violate the Fourth Amendment.

DID NOT

After a long debate by lower courts, the U.S. Supreme Court in 1988 concluded that the Fourth Amendment [DOES / DOES NOT] prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of the home.

DOES NOT

Atwater v. City of Lago Vista in 2001: The Court concluded that the Fourth Amendment [DOES/DOES NOT] forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation, that is punishable only by a fine.

DOES NOT

"_______" are seizures of an individual that are strictly limited in time, duration, scope, and purpose.

Detentions

The _____ _______ provides, among other things, that no person shall be compelled in any criminal case to be a witness against himself, and no person shall be deprived of life, liberty, or property without due process of law.

Fifth Amendment

At present, the search and seizure provisions of the Fourth Amendment, the self-incrimination provisions of the Fifth Amendment, and the right to counsel provisions of the Sixth Amendment apply to the states by way of the due process clause of the ________ Amendment.

Fourteenth

The ______ Amendment requires that law enforcement officers submit sufficient evidence about probable cause to a neutral magistrate before a search warrant may be issued.

Fourth

The _______ Amendment prohibits unreasonable search and seizure of persons or property.

Fourth

The __________ Amendment protects a person's right to be free of unreasonable searches and seizures.

Fourth

The_________ Amendment to the U.S. Constitution, as interpreted by the U.S. Supreme Court, forms the basis for constitutional standards concerning detention and arrest.

Fourth

Title____of the Omnibus Crime Control and Safe Streets Act of 1968 concerns electronic eavesdropping and the above 6 requirements for doing such.

III

Nix v Williams: Evidence discovered without a warrant is admissible if it would have been discovered anyway is know as the _______ ________ exception

Inevitable Discovery

Crawford v. City of Kansas City: an officer who has the opportunity to prevent, but does not prevent, a fellow officer's use of allegedly excessive force [MAY/MAY NOT] be liable under § 1983.

MAY

The Court's ruling in _______ meant that evidence obtained by illegal searches would be inadmissible in state as well as federal courts.

Mapp

The general rule is that a minor child's possessory right in the family home is only that which he or she derives from the parent, and the parent [may or may not] authorize a consent search that is valid against the child.

May

_____ _____ Exception: An individual may not legitimately demand privacy for activities conducted outdoors in fields, except in the area immediately surrounding the home.

Open Fields

"______ __________" is the authority granted to law enforcement officers and agents so they may carry out the duties of their position.

Police authority

Reasonable Grounds is about the same thing as _______ ___________

Probable Cause

Somewhere between "mere suspicion" at one end of the spectrum and "beyond a reasonable doubt" at the other, is "______ _______."

Probably Cause

Probable cause is more than "mere suspicion," but less than "________"

Proof beyond a reasonable doubt

"Exigent circumstances," factors considered in determining examples: (1) hot ______ (2) possible ________ of evidence; and (3) potential further ________ activity. (4) gravity of the underlying offense in progress, whether life or security is endangered, the time of the offense, the time of the arrest, and whether there is a threat to public safety.

Pursuit Destruction Criminal

______ _________ protects government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Qualified immunity

The ________ Amendment ensures the right to be confronted by witnesses against him, and the right to have the assistance of counsel for his defense.

Sixth

The________ Amendment assures that, in criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.

Sixth

Stegald v. United States: Absent Exigent Circumstances or Consent, the Arrest Warrant May Not Be Executed in the Home of a _____ _____.

Third Party

The ______ _______ __________ Act or similar legislation permitting law enforcement officers from other states to enter their state in fresh pursuit to make an arrest.

Uniform Fresh Pursuit

"Mere Evidence" was overruled in ______ v ______

Warden v. Hayden.

The U.S. Supreme Court ruled that consent by another person with common access to the area to be searched may only be given in the _____ of the other party, and that the consent is not valid if the other party is _____ and ______

absence present and objects.

The U.S. Supreme Court has established the rule that evidence obtained in violation of constitutional provisions, with some exceptions, will not be _________ in either federal or state court.

admissible

The courts have recognized that municipalities and police administrators have an ______ _________ to train the police officers they employ.

affirmative duty

At present, the search of passengers and luggage at _____ has been held to be reasonable under the Constitution.

airports

An ______ warrant is "a warrant based upon an affidavit showing probable cause that at some future time (but not presently) certain evidence of a crime will be located at a specified place."

anticipatory

Smith v. Tolley: an _____ _______founded on probable cause implicitly carries with it the limited authority to enter the dwelling in which the suspect lives when there is reason to believe that the suspect is within.

arrest warrant

___________, which are seizures characterized by a highly intrusive or lengthy detention, and which require probable cause to believe that the arrestee has committed or is committing a crime.

arrests

In City of Canton v. Harris: due process clause of the Fourteenth Amendment receive necessary medical attention while in police custody. Supremes said city not __________ liable.

automatically

In United States v. Cortez in 1981, the Supreme Court made it clear that the Terry reasoning applied to _______ situations.

automobile

A ________ of that duty, which proximately causes injury to the plaintiff, can result in personal liability on the part of the administrator or liability on the part of the agency. Courts have been particularly willing to find liability for failure to train when the use of firearms is involved.

breach

If an ADULT child has a room that he or she uses exclusively, allows no one else in the room, and the child is paying rent specifically for that room, the parent _______ legitimately consent to a search of that room.

cannot

The determination of whether an official is entitled to qualified immunity involves a two-step analysis, asking: (1) whether the law governing the official conduct was _____ ______; and (2) whether, under the law, a _____ ________ could have believed the conduct was lawful.

clearly established reasonable officer

Title 18 § 242 (CRIMINAL) requires that the federal prosecutor introduce evidence to show: (1) that the person charged was acting under ______ ___ ______; (2) that there was a ______ ___ ________ protected by the Constitution or laws of the United States; and (3) that the defendant acted _______ or ________ to deprive a person of their rights.

color of law deprivation of rights willfully intentionally

The federal government has no inherent police power as such. However, Congress may exercise a similar power incidental to the powers conferred to it by the ________ clause of the Constitution.

commerce

The laws of the United States relating to arrest have developed over sev- eral centuries and are based primarily on the _______ ______ of England.

common law

In People v Galimulla, the Court concluded that the warrant is to be read in a "________ and _______ fashion,"

commonsense; realistic

Today, constitutional jurisprudence provides for three types of contact between citizens and the police: (1) _________ encounters; (2) brief _______ under the auspices of Terry v. Ohio; and (3) full-fledged _______.

consensual detentions arrests

_____ _________, which involve a citizen's voluntary cooperation with the official's noncoercive questioning and which are not seizures within the meaning of the Fourth Amendment;

consensual encounters

Although the Supreme Court has attempted to balance the police power of the government and individual rights, if there is a conflict, the ________ rights as interpreted by the U.S. Supreme Court take precedence.

constitutional

To act "willfully," for pur- poses of the statute, the defendant must intend to commit an act that results in the deprivation of an established ________ right.

constitutional

U.S. Supreme Court in Ker v. California held that arrests by state and local police officers are to be judged by the same _______ standards that apply to the federal government.

constitutional

In determining what is ___________, the courts consider the place of arrest, the time of arrest, the circumstances surrounding the arrest, and the degree of custodial control.

contemporaneous

If the circumstances are such that probable cause exists to search the vehicle, officers may do the following: 1. Conduct a search of the passenger compartment of a car and of the _______ therein if it is incident to a lawful arrest; 2. Search the entire car and open the _____ and any packages or luggage found therein that could reasonably contain the items for which they are looking; 3. Search a container in a car if there is probable cause to believe that it holds contraband or seizable items, even in the absence of probable cause to search the car; and 4. If there is probable cause to search a vehicle, officers may also inspect the ________ of passengers in the vehicle as long as those belongings are capable of concealing the object of the search.

contents trunk belongings

The Belton Rule: The police may also examine the _____ of any ______ found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will _____ within it be within his reach.

contents containers containers

In United States v Willoughby, officers recorded telephone conversations between a person inside a _______ _______ and a party on the outside.

correctional institution

The Court established what became known as the "two-pronged test," which mandated that: (1) the magistrate be given some of the underlying circumstances from which the affiant concluded that the informant was _______ or the information ______; and (2) the magistrate be given some of the underlying circumstances from which the ________reached the conclusion conveyed in the tip.

credible reliable informant

In Kolender v. Lawson, police officers detained a pedestrian on the basis of a statute that justifies the _______ of a person who loiters or wanders upon the streets and who refuses to ______ him- or herself.

detention; identify

In Rochin v. California, the U.S. Supreme Court applied the ___ ______ rationale in holding that forcing a defendant to have his stomach pumped in order to secure evidence violated the due process clause.

due process

The plaintiff in a tort action must prove that: (1) the defendant had a ______; (2) the defendant ________ that duty; (3) there was a _____ ________ between the breach of the duty and the plaintiff's injury; and (4) the ______ to the plaintiff resulted from that breach.

duty breached causal connection injury

In Herring v United States, the Supreme Court ruled the arrest was illegal, but that the search was valid because the officers were relying on information only later determined to be in _____.

error

The ______ rule provides that evidence obtained by an unreasonable search and seizure will not be admissible in court.

exclusionary

The Supreme Court in Nix v. Williams noted that the rationale for the _______ _________ is that the fruit of unlawful police conduct should be excluded,

exclusionary rule

With some exceptions, evidence obtained by a search and seizure that violates Fourth Amendment standards as interpreted by the Supreme Court is inadmissible in criminal cases. This is referred to as the ______ __________. It was first established in 1914 in _______ v. United States.

exclusionary rule Weeks

**Without an arrest warrant, an officer may not enter the home of a suspect to make an arrest, even on probable cause, unless there are _______ ________ or consent is given to enter the home by someone in authority.

exigent circumstances

Officers may do the following after legally stopping a vehicle: 1. Order the driver to ____ the vehicle; 2. Order the passengers to ____ the vehicle; 3. Ask the driver to produce documents required by state law; 4. Ask questions of the driver and occupants; 5. Require drunken driving suspects to take a _________ test; 6. Locate and examine the ___; and 7. _____ the vehicle if probable cause develops.

exit exit breathalyzer VIN search

In Gerstein v. Pugh, the U.S. Supreme Court held that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to an ______ ______ of liberty following arrest. This determination must be made by someone independent of the police and the prosecutor.

extended restraint

in Michigan v. Chesternut 1988: The police can be said to have seized an individual "only if, in view of the circumstances surrounding the incident, a reasonable person would have believed that he was not ____ __ _____."

free to leave

Mimms and other cases dealt with the authority of officers to make a Terry stop and _____ of the driver of a vehicle.

frisk

In Pennsylvania v Mimms, police officers stopped a vehicle with an expired license plate. When the driver stepped out of the car, the officer noticed a large bulge under the motorist's jacket and, fearing that the bulge might be a weapon, _______the motorist and discovered a loaded .38 caliber revolver.

frisked

Probably the most far-reaching exception to the exclusionary rule is the ____ _____ exceptions put forth in United States v. Leon.

good faith

In Oregon v. Hass, the Supreme Court held that, as a matter of federal constitutional law, a state may not impose _______ restrictions than the federal courts when the Supreme Court specifically refrains from imposing them.

greater

In 1979, the Supreme Court, in Deleware v. Prouse, addressed the issue of routine police stops for the purpose of checking drivers' licenses or registration certificates, and _______ the practice.

halted

If a motor home is permanently parked in a space designed for such vehicles and is not readily movable, it is a "____" protected by the Fourth Amendment.

home

In Cortez, officers stopped a pickup truck that they believed, in view of their experience, was carrying ______ _________.

illegal aliens

Valid consent to search the premises may be given by a person who has the _____ and _____ right to possess those premises.

immediate present

In the case of United States v Havens, the Supreme Court authorized the use of illegally seized evidence for ________ purposes if the defendant takes the stand and makes statements that are contrary to evidence acquired by the illegal search.

impeachment

The rationale for authorizing a search ____ __ _ ______ ______ is that it is necessary to protect the officer and avoid destruction of evidence.

incident to a lawful arrest

In United States v Porter, a search of defendants carry-on luggage, after she was taken to a drug agent's office, was permitted as a search _______ __ __ ______.

incident to an arrest

The Fourth Amendment permits a properly limited protective sweep of an apartment in conjunction with an in-home arrest, when the searching officer has a reasonable belief, based on specific and articulable facts, that the area to be searched harbors an _____ posing a danger to those on the arrest scene.

individual

The Fourth Amendment does not require a policeman who lacks the precise level of ________ necessary for probable cause to arrest to simply shrug his shoulders and allow a crime to occur or a criminal to escape. (Adams v. Williams)

information

Following the Wells decision, departments that did not have a policy concerning the ________ of impounded automobiles added instructions to guide officers in conducting inventories after the automobiles were lawfully impounded.

inventory

_______ __________, or Terry stops, which are seizures that are justified only if articulable facts and reasonable inferences drawn from those facts support a reasonable suspicion that the person has committed or is committing a crime

investigative detentions

Consensual encounters: no _______ required.

justification

Supervisors may also be liable under § 1983 if they were personally involved in the violation or they _______, _________, or __________ caused the deprivation of the constitutional right.

knowingly willfully recklessly

"In analyzing whether the person conducting the search is acting as a government agent, two critical factors are to be considered: (1) the government's _____ and acquiescence; and (2) the private party's _____ in making the search."

knowledge intent

Fora search incident to arrest to be legal and the evidence admissible, the arrest must be _____ and the search must be made contemporaneously with the arrest.

lawful

For the plain view exception to apply, the officer must be _____ present on the premises when he or she views the object and must have probable cause to believe that the article is _____,

lawfully contraband

If the officer, to protect him- or herself, reaches into a suspect's pocket to obtain a weapon, but in addition to, or instead of, a weapon, finds other contraband, the use of such contraband as evidence is _____.

legitimate

In United States v. Place, the Supreme Court approved the detention of _______ when an officer's observations led him to reasonably believe that it contained contraband.

luggage

In Massachusetts v Shepard, The Supreme Court ruled that a law enforcement officer does not have to second-guess a _________ in issues of law and search warrants.

magistrate

Probable Cause is based on the facts possessed by the officer at the precise _____ __ ________.

moment of the arrest

In both Mincey v Arizona (where an undercover officer was shot and killed) and in Thompson v Louisiana, the Court refused to add a ______ scene exception.

murder

Explaining the "common authority" principle, a Michigan court noted that the common authority justifying the third-party consent to search cannot be implied from a mere property interest of the third party; rather, such authority rests on ______ use of the property by persons generally having joint access or control for most purposes.

mutual

Neither prosecutors nor police officers can be asked to maintain the requisite ________ when deciding whether a search warrant should be issued.

neutrality

In Oliver v United States, the Supreme Court more accurately defined what is included in the curtilage. Even the __ ________ sign did not increase the expectation of privacy because, as the Court reasoned, the public routinely ignores such signs.

no trespassing

An officer's conduct is not "______ _________" when reasonable officials would have realized that the particular officer's conduct violated a particular constitutional provision.

objectively reasonable

2005, in Town of Castle Rock v Gonzales: 1983 case. Restraining order not enforced. Father took kids and killed them. Mom sued the city, but not the _______.

officers

On Lee v United States, The Court held that there is no violation of the Fourth Amendment if ___ party to a conversation consents to police listening to the conversation.

one

An affidavit for a search warrant need not include extrinsic corroboration of the informant's veracity when such information is provided ______ to the magistrate. This information may be conveyed orally by police officers seeking a warrant or through the magistrate's direct examination of the informer while under oath.

orally

The courts have approved the use of illegally seized search and seizure evidence at ________ hearings and in _______ ________.

parole civil trials

In Alabama v. White, police received an anonymous telephone tip that the suspect, White, would be leaving a ______ apartment at a ______ time, in a _________ vehicle, that she would be going to a _______ motel, and that she would be in possession of cocaine. (all answers the same)

particular

In defining the place to be searched, it is necessary to keep in mind that it must be a "_________" place.

particular

Seizure w/a search warrant: (1) probable cause; (2) must be supported by oath or affirmation; and (3) the place to be searched and the things to be seized must be _________ described.

particularly

In Brendlin v California, The Court ruled that a stop of a vehicle is a seizure of a _______ as well as the driver.

passenger

In Maryland v Wilson,1964 the Supreme Court ruled that an officer may order the _______ out of a vehicle subjected to a traffic stop.

passengers

Oklahoma City v. Tuttle: If a cause of action is based on allegations of inadequate training, a _______ must be established or substan- tial proof that the policy was established or acquiesced in by a municipal policymaker.

pattern

In Chimel v California, the Supreme Court held that a search incident to a lawful arrest is limited to the arrestee's ________ and to the area from which he or she might obtain either a weapon or something that could be used as evidence against him or her.

person

the seizure of evidence in ____ ____ is no longer subject to the inadvertency requirement if the search is properly confined to the described area.

plain view

The "______ _______" of the state includes all the general laws and regulations necessary to secure the peace, good order, health, and prosperity of the people, and the regulation and protection of property rights.

police power

Municipalities are "persons" within the meaning of § 1983 and may be held liable if constitutional harm suffered was a result of official ______,_______ or __________.

policy, custom or pattern

"In Rakas v Illinois, the U.S. Supreme Court overturned Jones and rejected the "legitimately on the _______" standard, stating:" "Today we hold that defendants charged with crimes of possession may only claim the benefits of the exclusionary rule if their own Fourth Amendment rights have been violated. The automatic standing rule of Jones v. United States . . . is therefore overruled."

premises

Arrest: requires a showing of _____ _______.

probable cause

If the apparent facts set out in the affidavit are such that a reasonably discreet and prudent man would be led to believe that there was a commission of the offense charged, there is ________ _________ justifying the issuance of a warrant.

probable cause

The Court held that officers may search a vehicle without a warrant if there is _____ _____ that the vehicle contains contraband.

probable cause

Requirements for a Valid Arrest Warrant 1. Must be supported by _____ ________. 2. Affidavit for the Warrant Must be Supported by _______ or ___________ 3. The Person to Be seized under the Warrant Must Be __________ 4. Must state the ________ of the Offense 5. The warrant must designate the Officer or Classs of Officers to Comply with the Order 6. The warrant must be issued in the Name of the United States of the Particular state The Warrant must be issued and signed by a _______ and ________ judicial officer

probable cause; Oath; Affirmation; Described; Nature; Neutral Detached

The Court held in Berger that the following requirements must be met for electronic eavesdropping: 1. There must be a showing of ______ ______ to believe that a specific crime has been or is being committed; 2. A _______ must be obtained, which must describe with particularity the conversations to be overheard; 3. The wiretap must be for a _______ period, although extensions may be obtained by an adequate showing of necessity; 4. The suspects whose conversations are to be overheard must be _____ in the judicial order; 5. A return must be made to the court, showing what conversations were intercepted; and 6. The wiretapping must ________ when the desired information has been obtained."

probably cause warrant limited named terminate

In United States v Ross, the Court held that if an officer has ______ ____ to search an occupied vehicle for a particular type of evidence, he is _______ to conduct a warrantless search of all compartments or closed containers within the vehicle in which the evidence sought may reasonably be _____.

probably cause; entitled; found

The facts to determine probable cause must be provided in full to the ______ official.

proper

In New Jersey v TLO, the U.S. Supreme Court considered the reasonableness of the search of a student's _____ by a school official.

purse

Bivens v. Six Unknown Federal Narcotics Agents concerns "______ ________." Katz alleged the agents used ______ ______.

qualified immunity excessive force

In New Jersey v TLO, The Supreme Court indicated that school authorities could make searches on ________ _____ for suspecting that evidence would be found, and that the Fourth Amendment standard, which requires probable cause, should not be applied in school situations.

reasonable grounds

According to the Supremes, Qualified Immunity is determined on whether it would be clear to a _______ _______ that the conduct was unlawful.

reasonable officer

Brown v Texas ...Stop & Identify must be ". . . based on specific, objective facts establishing _______ _______ to believe the suspect was involved in criminal activity

reasonable suspicion

Investigative detentions: require ______ ________ that criminal activity has occurred or is about to occur.

reasonable suspicion

In 2003, the Supreme Court held in United States v Banks that police need wait only a "_________" period before breaking down the door when they give notice and there is no response. In this case, the Court held that a __-second wait was sufficient.

reasonable; 20

The general rule is that an officer who is making a lawful arrest, or who has made an arrest, is justified in using such force as is ______ __________ to secure and detain the offender

reasonably necessary

The question in this case is whether a _______ _____-________ officer in petitioner's position would have known that his affidavit failed to establish probable cause and that he should not have applied for the warrant.

reasonably well-trained

In Illinois v Gates, cop received an anonymous letter about drug dealers. Because of inability to determine informant's _______, "totality of circumstances" was used.

reliability

Samuels v. LeFevre...situations in which a supervisor can be held liable: 1. Failed to remedy through ______ 2. Created a policy/______ that allowed the situation 3. Grossly ______ in managing subordinates who committed violations

report custom negligent

Under the ______ _________ doctrine, agencies may be liable for the acts of their employees when the employees act in the scope of their employment.

respondeat superior

Under the _______ _______ doctrine, a master is liable for the acts of a servant.

respondeat superior

Under the respondeat superior doctrine, agencies may be liable for the acts of their employees when the employees act in the _________ of their employment.

scope

A series of cases decided by the Supreme Court leaves no doubt that the Court considers eavesdropping by electronic devices, or "bugging," as a _____ regulated by the Fourth Amendment.

search

In Katz v United States, the Court dealt with the issue of using electronic devices to overhear telephone conversations. The Court held that any form of electronic surveillance constitutes a ______, and therefore must meet the requirements of the Fourth Amendment.

search

In the Place case, the Court also reasoned that subjecting luggage to a "sniff test" by a trained narcotics detection dog does not constitute a "_________" within the meaning of the Fourth Amendment.

search

The search of movable vehicles and objects: if there is probable cause that would have justified the issuance of a _____ _____ and if the vehicle or article is moving or about to be moved.

search warrant

**Without an arrest warrant, the officer may not legally enter the home of a third party to make an arrest of the suspect unless a ____ _____ for the home of the third party has been issued, ______ is given to enter by one in charge of the premises, or _____ _______ exist.

search warrant consent exigent circumstances

If there is probable cause to believe that a suspect has committed a crime that has involved the infliction/threatened infliction of _______ _______ _______ , then deadly force may be used, if necessary, to prevent escape and if, where feasible, some warning has been given.

serious physical harm

Tennessee v. Garner, Thus, if the suspect threatens the officer with a weapon, or there is probable cause to believe he has committed a crime involving the infliction or threatened infliction of ________ _______ _________ , deadly force may be used, if necessary, to prevent escape and if, where feasible, some warning has been given.

serious physical harm

Tennessee v. Garner, A police officer may not seize an unarmed, nondangerous suspect by ______ ___.

shooting him

In Pembaur v. City of Cincinnati, the Supreme Court decided that municipal liability may be imposed for a ______ decision -the instructions to "go in and get the employees" came from a county prosecutor.

single

"It is not enough for a defendant to show that _____ constitutional rights have been violated; he must show that his constitutional rights have been violated."

someone's

The courts will take into consideration the age of the minor, the scope of the consent requested and given, and whether the consent to the search was unequivocal and _____.

specific

Generally, a felony is defined as any crime that is punishable by death or imprisonment in a _______ prison (usually, for at least a year).

state

Mapp v. Ohio caused the extension of the Exclusionary Rule to _____ courts:

state

A police officer is subject to civil liability under ____ ______ laws if he or she fails to comply with constitutional provisions, state laws, municipal ordinances, or court decisions.

state tort

In Morgan v. Woessner, the Ninth Circuit Court of Appeals held that "the essential inquiry is whether the person _____ reasonably believed that he or she was not free to leave."

stopped

The Court, in Adams v. Williams, approved the _______ and _______ of a suspect after an informant had advised the officer that the suspect was carrying narcotics and had a gun stuck under his belt.

stopping; questioning

Probable cause cannot be justified by what the ______ search discloses;

subsequent

Federal courts have held that a state law that immunizes government conduct otherwise subject to suit under § 1983 is preempted by the _____ ______ of the U.S. Constitution.

supremacy clause

"In Palmer v State, the court held that a ____ has no standing to challenge the search of an automobile he ____."

thief; stole

In 1970, the Supreme Court approved the moving vehicle doctrine in Chambers v Maroney, and reaffirmed the right of police officers to search a vehicle, provided there is probable cause, without a warrant, even if there is ____ __ ___ ___.

time to get one

When a civil action is initiated against a police officer or a police admin- istrator, it is generally brought under the _____ ______ of the jurisdiction.

tort law

In United States v. Segars, the Court of Appeals held that in determining whether probable cause exists to make a warrantless arrest of the defendant, the court looks to the _______ __ __________.

totality of circumstances

In order to hold the city or agency liable under 1983 for failure to train, the plaintiff must introduce evidence to show that: (1) the municipality failed to ______ the officer for the specific duty assigned; (2) the failure to train amounted to _______ _____ to the rights of persons with whom the police come into contact; and (3) there was a ______ connection between the duty to train and the injury).

train deliberate indifference causal

If administrators or supervisors fail to properly ______ or _________ the employee, they, as well as the agency they represent, may be subject to liability.

train supervise

Vicarious liability makes it essential that supervisors and agencies provide appropriate ______ and _________.

training oversight

The Belton Rule does not justify a search of the _____ of the car as incident to a lawful arrest.

trunk

In Kolender v. Lawson, The Supreme Court found that the statute violated the due process clause of the Fourteenth Amendment because it gave police _______ discretion.

unlimited

All state statutes and the federal code require that the person arrested be taken before a magistrate or commissioner "without ________ __________" or "forthwith."

unnecessary delay

Fresh pursuit has been defined as "pursuit without _________ __________" or "the immediate pursuit of a person who is endeavoring to avoid arrest."

unreasonable interruption

The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all of the circumstances set forth in the affidavit before him, including the "________" and "_____ ___ _________" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place, and the duty of the reviewing court is simply to insure that the magistrate had a "substantial basis for concluding" that probable cause existed.

veracity basis of knowledge

The United States Supreme Court stated that there is no better example of the police power than the suppression of ______ ______ and the vindication of its victims.

violent crime

A person may waive the rights that are guaranteed by the 4th Amendment if done so _____ and _____.

voluntarily and freely

Consent by a Minor Child: the prosecution must prove that the consent was given _________, _________, and _________.

voluntarily, intelligently, and knowingly

In United States v Robinette, after an Ohio deputy stopped defendant for speeding, a consensual search produced weed, the Supremes said, "The 4th Amendment does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as ________.

voluntary

The police do not need reasonable suspicion or probable cause to initiate a ___________ encounter.

voluntary