AJ 103: Ch. 4,5 & 6

Reasonable suspicion is what?

an attempt to strike a balance between procedural due process and crime; a standard of justification created by the supreme court

With regard to the scope of a search warrant, police can look:

anywhere the item sought could reasonably be found in

A frisk must be supported by reasonable suspicion that the suspect is what?

armed and dangerous (not all the above)

The _____ rule announced in Chimel provides that, pursuant to a valid arrest, the police may search the area "within the immediate control" of the arrestee.

armspan

Factors that may elevate a stop to non-stop is what?

-Number of officers present -Whether the suspect attempt to leave -Display of weapon (all the above)

Which of the following activities is governed by the 4th amendment?

Arrests with warrants, searches with warrants, and arrests without warrants

Reasonable suspicion is a standard justification...who created it?

Created by the Supreme Court

The landlord case was created on the knock and notice. (knock and announce rule)

Ker v. California or Sabbath v. United States

Which factors has the supreme court determined the appropriate duration of a stop?

The public interest served by the seizure, The nature and scope of the intrusion, and The objective facts upon which the law enforcement officer relied

Any valid arrest justifies a warrantless incident to arrest.

True

Hot pursuit, escape and endangerment to others, and evanescent evidence are examples of exigent circumstances.

True

Searches incident to arrest in the presence of exigent involving Automobiles and those based on Plain View Doctrine all require probable cause to justify search.

True

Particularity is concerned with which of the following?

Who is being arrested, description of person, where search is being conducted, what evidence is sought; Includes a specific description of the place to be searched and the items to be seized

Warrants must be issued by?

a neutral and detached magistrate

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

a pat-down of the suspects outer clothing

Which of the following is a type of warrantless search or seizure?

a search incident to an arrest

A search warrant must be supported by probable cause that the items to be seized are:

connected with criminal activity

Emergency situations allowing for in searches without a warrant is called what?

exigent circumstances

A frisk is basically the same as a search because its considered equally intrusive.

false

A magistrate can be considered neutral if they obtain money.

false

Frisk is included in the warrantless search category.

false

In Maryland vs Buie the Supreme Court ruled the police cannot as part of incident search to arrest.

false

Reasonable suspicion is higher standard than probable cause.

false

The Supreme Court has ruled that a state attorney general may issue a warrant in case the police that the officer directs that displays power.

false

The Supreme Court has allowed stops for how long?

however long

The armspan or wingspan search implies to what type of search?

incident to search

A valid hot pursuit must originate from a _____ starting point.

lawful

Which of the following is not a factor used to distinguish an arrest and a stop?

location

Which type of test has a Supreme court relied upon to distinguish a stop and non-sop?

objective test

Concerning the scope of the incident to an arrest, a police officer may search:

only the arrestee, the area within the immediate control of the arrestee, and the arrestee and all of his or her personal effects (ignore all the above)

Which standard of justification is necessary for stop and frisk activities?

reasonable suspicion

Terry vs. Ohio deals with:

stop and frisks

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

take place promptly, served during daytime hours, cannot last indefinitely, must obtain new warrant to reenter

In which case did the Supreme court rule that addition to suspicion to the stop...that the person is armed and dangerous?

terry v. ohio

Which of the following is a requirement for a valid search warrant for an incident to an arrest?

the arrest must be lawful, probable cause must be in place in advance of the arrest, the search should take place soon after the arrest

Neutral and detached means a judge should not what ?

the judge must be objective and does not have a financial interest in the case

A warrantless search for evanescent evidence is permissible when?

the search is conducted in a reasonable manner

The execution of search warrant is subject to _____ constraints.

time, scope and manner

Evanescent evidence refers to evidence to likely what?

to disappear

Evidence obtained under a search warrant must be excluded if the judge issued it with a fee even if its trivial. (throw the case out)

true

Probable cause is required for all valid search warrants.

true

The term reasonable suspicion is found nowhere in the constitution.

true

With regards 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

The Supreme Court hot pursuit searches...

warden v. hayden

When may the police use deadly force when serving an arrest warrant?

when the suspect attempts to flee and will likely inflict harm on other people or police officers

A frisk requires what?

(all the above)

Which of the following can be said about stop and frisk?

(all the above)

A warrantless search based on hot pursuit exigency...

(all; armspan)