Judicial Process Chapter 8

Automobile exception

allows for the search of automobiles upon probable cause without a warrant based on their mobility and the lesser expectation of privacy in vehicles (Carroll v. United States 1925)

The ____________ exception to the warrant requirement is based on their mobility and lesser expectation of privacy of the people inside

automobiles

The _____ Amendment provides for freedom from unreasonable search and seizure.

4th

The exclusionary rule was first announced in:

Boyd v. United States

In _________ the U.S. Supreme Court held that there is an exception to the warrant requirement for searches incident to a lawful arrest - explaining that a suspect's "wingspan" can be searched.

Chimel v. California

In _____________ the U.S. Supreme Court held that the attorney general, even though a sworn justice of the peace, could not serve as a neutral and detached magistrate for issuing warrants.

Coolidge v. New Hampshire

General warrants are permitted in the United States so long as law enforcement can articulate some suspicion of criminal activity.

False

In __________ the U.S. Supreme Court incorporated the exclusionary rule, applying it to state criminal trials.

Mapp v. Ohio

A search warrant is a document which explains why ___________ exists to believe specific contraband or evidence of a crime exists at a certain location.

Probable Cause

In _______________ the U.S. Supreme Court authorized a warrantless "stop and frisk" for weapons based on reasonable suspicion and risks to officers or public safety.

Terry v. Ohio

Attenuation allows for "fruit of the poisonous tree" to be admitted against the defendant when the taint from the original illegality has dissipated.

True

The 4th Amendment applies only to government action.

True

The exclusionary rule excludes not only the evidence found as a result of misconduct but also derivative evidence, or "fruit of the poisonous tree."

True

The exclusionary rule is a remedy intended to deter police misconduct related to search and seizure.

True

There is an exception to the warrant requirement permitting a limited stop and frisk for weapons.

True

In __________ the U.S. Supreme Court applied the exclusionary rule in federal criminal trials based on violations of the 4th Amendment.

Weeks v. United States

Search warrant

a document describing specific contraband or evidence, detailing the location to be searched by law enforcement

Terry Stop

a limited "stop and frisk" for weapons allowed without a warrant justified by the threat of potential weapons to officer and public safety. (Terry v. Ohio 1961)

The most common exception to the warrant requirement is:

consent

Arrest warrant

describes a person suspected of a crime and authorizes law enforcement to take them into physical custody

Derivative evidence

evidence that is discovered indirectly as the result of other evidence

Plain view

evidence that is left by a suspect in plain view for officers to see is admissible against them at trial

Seizure

governmental exercise of control over a person or thing

Search

governmental intrusion upon a person's reasonable expectation of privacy

Consent to search

if a suspect consents to a search the evidence is admissible against him at trial

Search incident to a lawful arrest

officers may search a suspect's person and the area within his reach or "wingspan" incident to a lawful arrest for the officer's safety (Chimel v. California 1969)

Exclusionary rule

prevents the use of evidence collected in an unlawful manner in determining the guilt of the defendant; it is excluded from the case against him

Search warrants must be executed within a reasonable time to prevent them from being deemed:

stale

Probable cause

the reasonable basis for believing that a crime may have been committed (for arrest) or that evidence of a crime or contraband is in a specific location (for a search)

Particularity requirement

warrants must specifically describe the places to be searched and persons or things to be seized

General warrant

warrants that do not specify the places to be searched or the people or things to be seized. These are unlawful in the United States because of the Fourth Amendment's particularity requirements

Fruit of the poisonous tree doctrine

when derivative evidence is discovered as the result of unlawful police misconduct, it is inadmissible at trial against the defendant because it is "tainted" fruit of the unlawful conduct

Stale search warrant

when too much time has passed between securing and executing a warrant or when the information provided to support the warrant was too old to provide "present" probable cause

Attenuation

where evidence is discovered illegally and would be excluded as fruit of the poisonous tree, it might be admitted over objection if the taint has become attenuated, or weakened (Utah v. Streiff 2016)