Criminal Justice Chapter 5

two elements required for miranda warnings

- custodial - interrogation

The visitors entering a highly secured national museum are informed about security concerns and subjected to a full-body search. Which of the following searches does this scenario illustrate? 1.) A search incident to arrest 2.) A suspicionless search 3.) An exigent circumstance search 4.) An emergency search

A suspicionless search

fleeting-targets exception

An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant. The fleeting - targets exception is predicated on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency.

good faith exception

An exception to the exclusionary rule. Law enforcement officers who conduct a search or who seize evidence on the basis of good faith (that is, when they believe they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still provide evidence that can be used in court.

executive

Enforces laws

latent evidence

Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye.

judicial

Interprets the laws

What are the 3 branches of government?

Legislative, Executive, Judicial

psychological manipulation

Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control.

Which of the following scenarios illustrates the violation of the Fourth Amendment to the U.S. Constitution? 1.) Mark, a suspect in a rape case, is arrested, and his house is searched without a warrant. 2.) Sara is penalized with an excessive fine of $500 for a minor traffic violation. 3.) Linda is tried a second time by a state court for the same crime that she was acquitted of earlier. 4.) Sean, a suspect in a murder case, is denied his right to hire a lawyer.

Mark, a suspect in a rape case, is arrested, and his house is searched without a warrant.

Reasonable Suspicion

The level of suspicion that would justify an officer in making further inquiry or in conducting further investigation.

Interesting Fact

most suspects do not exercise their constitutional rights to remain silent or have counsel present

The 1984 U.S. Supreme Court case U.S. v. Leon established ________. 1.) emergency search of properties 2.) the good-faith exception 3.) warrantless searches 4.) the plain-view doctrine

the good-faith exception

An individual is under investigation for selling drugs. The police bring the individual in for questioning. The police minimize the moral seriousness of selling drugs and cast blame on society for the individual's need to participate in illegal activity. Is this tactic constitutional?

yes

The police stop you for running a stop sign. They pull you over, you roll down your window, and they ask for your license, registration, and proof of insurance. The police notice a half-empty liquor bottle in the backseat. They ask to search the car. You tell them no. Do the police have the right to search your car?

yes

Purpose behind the exclusionary rule

- the exclusion of evidence obtained in violation of a defendant's constitutional rights will act as a deterrent to police misconduct - the integrity of the judicial system requires that the courts not be make party to lawless invasions of the constitutional rights of citizens.

4 Miranda Warnings

- You have the right to remain silent - Anything you say can and will be used against you in the court of law - you have the right to the presence of an attorney - if you cannot afford an attorney, one will be appointed for you prior to questioning if you so desire.

5 searches without warrants

- searches incident to a lawful arrest - searches with voluntary consent - plain view searches - automobile searches - open fields and abandoned property

probable cause to arrest

- that a violation of the law has been committed - that the person to be arrested committed the violation

probable cause to search

- that the specific items to be searched for are connected with criminal activity - that these items will be found in the place to be searched

3 requirements to allow a seizure under plain view

- the officer must be legally on the premises or at the place from which the item is plainly viewed -the incriminating nature of the item seized must be immediately apparent - the officer must have a lawful right of access to the object itself

emergency searches of persons

- there was probable cause at the time of the search to believe that there was evidence concealed on the person searched. - there was probable cause to believe an emergency threat of destruction of evidence existed at the time of the search. - the officer had no prior opportunity to obtain a warrant authorizing the search - the action was no greater than necessary to eliminate the threat of destruction of evidence.

Police interrogation and confessions

- voluntary AND - in conformity with the miranda ruling

Due process requirements

-evidence and investigation (search & seizure) - arrest - interrogation

Bill of Rights

Popular term for the first ten amendments to the U.S. Constitution.

Eric, while working in his garage, is arrested by two police officers. Eric is unaware of the charges against him and wants to hire a lawyer to represent him and demand a speedy trial. Which of the following Constitutional Amendments can support Eric in this case? 1.) Eighth Amendment 2.) fifth 3.) 4th 4.) 6th

6

Fruit of the Poisonous Tree Doctrine

A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.

USA Patriot Act

A federal law (Public Law 107-56) enacted in response to terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001. The law, officially titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, substantially broadened the investigative authority of law enforcement agencies throughout America and is applicable to many crimes other than terrorism. The law was slightly revised and reauthorized by Congress in 2006.

electronic communications privacy act (ecpa)

A law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications.

Plain View

A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity.

landmark case

A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system.

suspicionless search

A search conducted by law enforcement personnel without a warrant and without suspicion. Suspicionless searches are permissible only if based on an overriding concern for public safety.

Emergency Search

A search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence.

sneak and peek search

A search that occurs in the suspect's absence and without his or her prior knowledge.

anticipatory warrant

A search warrant issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed.

probable cause

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime

illegally seized evidence

Any evidence seized without regard to the principles of due process as described by the Bill of Rights. Most illegally seized evidence is the result of police searches conducted without a proper warrant or of improperly conducted interrogations.

Stephanie, a police officer, notices a man loading heavy luggage in his car. Stephanie thinks that the man matches the description of an armed robber and asks him for personal identification. Which of the following court precedents supports the investigative power of Stephanie in this scenario? 1.) Oliver v. U.S. (1984) 2.) Arizona v. Johnson (2009) 3.) Herring v. U.S. (2009) 4.) Arizona v. Fulminante (1991)

Arizona v. Johnson (2009)

Which of the following Supreme Court cases led to the ruling that officers may not stop or question an unwilling citizen whom they have no reason to suspect of a crime? 1.) U.S. v. Arvizu (2002) 2.) Minnesota v. Dickerson (1993) 3.) Brown v. Texas (1979) 4.) U.S. v. Sokolow (1989)

Brown v. Texas (1979)

Which of the following scenarios represents an unconstitutional suspicionless search? 1.) Andrew, a police officer, without obtaining permission for search, searches the sealed containers and the glove compartment of a vehicle. 2.) Jane, a patrol officer, arrests a woman and conducts a search incident to arrest. 3.) Jacob, a patrol officer, notices a woman lying unconscious in her car in a dark street and searches the car. 4.) David, a police officer, conducts a thorough search of all participants attending a national seminar on police brutality.

David, a police officer, conducts a thorough search of all participants attending a national seminar on police brutality.

Jose, a prosecutor, based on the uncovering of new evidence of guilt proposes to try a suspect for the same crime that he was acquitted of in an earlier trial. Which of the following Constitutional Amendments is violated in Jose's case? 1.) 6 2.) 4 3.) . 8 4.) 5

Fifth Amendment

Silverthorne Lumber Co. v. U.S. is responsible for describing what principle of Fourth Amendment processes? 1.) Good-faith exception 2.) Emergency searches of property 3.) Clerical errors exception 4.) Fruit of the poisonous tree doctrine

Fruit of the poisonous tree doctrine

Which of the following is a legal principle that excludes from introduction at trial any evidence derived from a prior illegal search or seizure? 1.) Probable cause 2.) Exclusionary rule 3.) Fruit of the poisonous tree doctrine 4.) Good-faith exception

Fruit of the poisonous tree doctrine

warrant

In criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording the officer protection from damages if he or she performs it.

Electronic Evidence

Information and data of investigative value that are stored in or transmitted by an electronic device.

Which of the following statements is true of the exclusionary rule? 1.) It unconditionally approves evidence collected during emergency searches. 2.) It does not allow any evidence collected to be used in court which was obtained without regard for the principles of due process. 3.) It derives its basic principle from the case of Arizona v. Miranda. 4.) It disqualifies evidence gathered by officers in reasonable good faith if the search is later ruled illegal.

It does not allow any evidence collected to be used in court which was obtained without regard for the principles of due process.

A man is arrested for the murder of his wife. He is arrested on a Saturday night and interrogated Monday morning. During questioning, he faced a blinding light but was not physically mistreated. Is this tactic constitutional?

no

Which of the following actions of police officers illustrates the use of inherent coercion? 1.) Jane detains a suspect in a lightless room for two days during interrogation. 2.) Rupert continues to interrogate a suspect without the presence of an attorney even after the suspect invokes her right to counsel. 3.) Rebecca tricks a suspect into confessing to a crime by posing as a fellow inmate. 4.) Michael punches a suspect in a murder case during interrogation.

Jane detains a suspect in a lightless room for two days during interrogation.

A store owner was robbed and killed. The local deputy sheriff arrested suspects in the case and took them to jail. The deputy sheriff laid each suspect over a chair and whipped them with a belt until they confessed to the murder. Is this tactic constitutional?

no

Legistlative

Makes laws

Which Supreme Court ruling applied the exclusionary rule developed in Weeks v. U.S. to trials in state courts? 1.) Silverthorne Lumber Co. v. U.S. (1920) 2.) Chimel v. California (1969) 3.) Minnesota v. Carter (1998) 4.) Mapp v. Ohio (1961)

Mapp v. Ohio

Which of the following acts of police officers is likely to be considered illegal during interrogation? 1.) Cody, a police officer interrogating an illegal immigrant, allows the immigrant to make a voluntary knowing and intelligent waiver of his Miranda rights. 2.) Richard, a police officer, creates a video-tape of a suspect's responses during interrogation. 3.) Luke, while interrogating a rape suspect, seeks a medical practitioner's opinion. 4.) Marcus, a police officer, sends an informant to pose as a fellow inmate to trick a suspect to confess. The informant threatens the suspect with a knife to get the truth from the suspect.

Marcus, a police officer, sends an informant to pose as a fellow inmate to trick a suspect to confess. The informant threatens the suspect with a knife to get the truth from the suspect.

Which of the following scenarios illustrates the violation of the Eighth Amendment to the U.S. Constitution? 1.) Judith, a suspect in a sensational murder case, is not allowed to hire a lawyer for her case. 2.) Jane is a neighbor of George, a suspect in a robbery attempt case; Jane is arrested by the police without probable cause. 3.) Matthew, arrested and convicted for a minor crime is sentenced to 6 months in county jail. While in jail, one of the jailors beat him for spitting on the floor. 4.) Daniel, arrested for murdering his brother, wants to have a jury trial for his case; but, his jury trial request is rejected.

Matthew, arrested and convicted for a minor crime is sentenced to 6 months in county jail. While in jail, one of the jailors beat him for spitting on the floor.

Carlos, a police officer, obtains a warrant and searches a gang house for dangerous weapons. During the search, he detains the two occupants of the house in handcuffs to minimize the risk of harm to himself and his team of officers. In this scenario, which of the following decisions could be used by Carlos to justify his act? 1.) Rodriguez v. U.S. (2015) case 2.) Payton v. New York (1980) case 3.) Terry v. Ohio (1968) case 4.) Muehler v. Mena (2005) case

Muehler v. Mena (2005) case

Which of the following searches conducted by police officers is a violation of the exclusionary rule? 1.) Pamela chases a murder suspect who fled into a building and seizes important evidence without a warrant. 2.) Susan recovers a blood-stained knife laying on the front passenger side carpet while searching a car in a road accident case. 3.) Charlotte enters a private home to save a rape victim and seizes incriminating evidence. 4.) Naomi opens a door in a suspect's house and collects evidence without obtaining a warrant and produces it during a trial.

Naomi opens a door in a suspect's house and collects evidence without obtaining a warrant and produces it during a trial.

One of the first and best known U.S. Supreme Court cases involving electronic communications was ________. 1.) Carroll v. U.S. (1925) 2.) Weeks v. U.S. (1914) 3.) Olmstead v. U.S. (1928) 4.) Silverthorne Lumber Co. v. U.S. (1920)

Olmstead v. U.S. (1928)

In which of the following situations is issuing a Miranda warning mandatory? 1.) The police arrest a suspect in an assault case and record his freely given confession before the custodial interrogation begins. 2.) Jean, a police officer, questions a suspect before making an arrest. 3.) The police question a suspect who claims to have planted bombs in train stations. 4.) Patrick, a detective, arrests a suspect in a murder case and initiates interrogation.

Patrick, a detective, arrests a suspect in a murder case and initiates interrogation.

Taylor, a police officer, gets a tip from a confidential informant about a robbery-suspect hiding in a nearby dwelling. Taylor wants to proceed with searching the dwelling and possessions. Which of the following acts of Taylor in this scenario is required? 1.) Taylor can call a high-level judge to obtain approval for a warrant over the phone. 2.) Taylor can search the suspect's dwellings without any warrant, as he has the tip from a confidential informant, and can get a warrant later. 3.) Taylor must arrest the suspect and then request the warrant for searching his dwelling from a magistrate. 4.) Taylor must satisfactorily demonstrate the facts and circumstances about the case in a written affidavit to a magistrate.

Taylor must satisfactorily demonstrate the facts and circumstances about the case in a written affidavit to a magistrate.

Which of the following statements is true of the due-process requirements? 1.) The Fifth and Fourteenth Amendments to the U.S. Constitution include a due process clause. 2.) Judicial interpretations of the constitutional requirement of due process are set in stone. 3.) The due-process requirements are applicable only during a suspect's arrest. 4.) Justice system officials are exempted from following the due-process requirements.

The Fifth and Fourteenth Amendments to the U.S. Constitution include a due process clause.

Stephen, a police officer, arrests a suspect without a warrant and conducts a "sneak and peek" search of the suspect's dwelling. In this scenario, which of the following Acts gives the authority for Stephen's action and issuance of a "sneak & peek" warrant? 1.) The Cybersecurity Information Sharing Act (CISA) of 2015 2.) The Communications Decency Act (CDA) 3.) The USA PATRIOT Act of 2001 4.) The Electronic Communications Privacy Act of (ECPA) 1986

The USA PATRIOT Act of 2001

arrest

The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense.

Miranda warnings

The advisement of rights due criminal suspects by the police before questioning begins

Jake and Mary are married and own their home. The police come to the house and ask for permission to search the house for drugs. Jake gives his consent to the search, but Mary says no because she has hidden some drugs in the kitchen. The police come in and search, over Mary's objection, since Jake said it was okay. They find Mary's drugs. Which of the following is legally correct in the ensuing trial? 1.) The drugs can be used at Mary's trial because the police had Jake's consent to search the house. 2.) The drugs cannot be used at Mary's trial because the police violated the plain-view doctrine. 3.) The drugs cannot be used at Mary's trial because she did not consent to the search. 4.) The drugs can be used at Mary's trial because the exclusionary rule does not apply in drug cases.

The drugs cannot be used at Mary's trial because she did not consent to the search.

Miranda Triggers

The dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required.

interrogation

The information-gathering activity of police officers that involves the direct questioning of suspects.

digital criminal forensics

The lawful seizure, acquisition, analysis, reporting, and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events.

Philip, a patrol officer, stops a car for speeding and notices blood stains on the driver's side door. He examines the exterior of the car and discovers evidence of a hit-and-run case. Which of the following principles will be used to validate the evidence during trial? 1.) The plain-view doctrine 2.) The hands-off doctrine 3.) The fruit of the poisonous tree doctrine 4.) The hearsay rule

The plain-view doctrine

Which of the following scenarios illustrates the legal collection of evidence during an emergency search? 1.) The police search the house of a suspect in a murder case after obtaining a search warrant. 2.) John arrests a suspect and seizes a gun while performing a pat-down search on the suspect. 3.) The police storm into a terrorist's hideout to release hostages and find a cache of weapons hidden among the hostages. 4.) Maya, a patrol officer, searches an overturned truck on a highway and retrieves contraband.

The police storm into a terrorist's hideout to release hostages and find a cache of weapons hidden among the hostages.

inherent coercion

The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information.

exclusionary rule

The understanding, based on U.S. Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial.

Which of the following statements is true of Miranda Rights? 1.) They cannot be waived by suspects voluntarily. 2.) They should be read to a suspect even when public security is at stake. 3.) They are applicable only in situations involving both custody and interrogation. 4.) They do not protect illegal immigrants living in the United States.

They are applicable only in situations involving both custody and interrogation.

Which of the following statements is true of the Warren Court rulings? 1.) Warren Court rulings modified the exclusionary law to allow evidence that officers seize in "reasonable good faith," even if the search was later ruled illegal. 2.) Warren Court rulings adhered to the principle that criminal defendants who claim violations of their due-process rights should prove their claims. 3.) Warren Court rulings held that the good-faith exception should be extended to approve a warrantless search supported by state law even though the state statute was later found to violate the Fourth Amendment. 4.) Warren Court rulings bound the police to strict procedural requirements in the areas of investigation, arrest, and interrogation.

Warren Court rulings bound the police to strict procedural requirements in the areas of investigation, arrest, and interrogation.

compelling interest

a legal concept that provides a basis for suspicionless searches when public safety is at issue.

frisk

a patting down of the outer clothing of a suspect based upon reasonable suspicion, designed to protect a police officer from attack with a weapon while questioning a suspect

search incident to an arrest

a warrantless search of an arrested individual conducted to ensure the safety of the arresting officer

writ of certiorari

a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular casef

Which of the following is a precedent-setting court decision that produces substantial changes both in the understanding of the requirements of due process and in the practical day-to-day operations of the justice system? 1.) writ of certiorari 2.) landmark case 3.) warrant 4.) fruit of the poisonous tree doctrine

landmark case

Probable Cause

facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed

You are a state university college student living in the university dormitory. There is a knock at the door and two police officers state that there have been allegations of illegal drug use in the dormitory. They request to search your room. You deny the request, stating that they will have to get a warrant to search your room. The police tell you that a warrant is not necessary and enter the room. Is this search legal?

it depends

You are walking home from the local tavern. A police officer begins a polite conversation with you. You say you have nothing to say to the police. The officer tells you that you are not free to go. Are you under arrest?

it depends

A woman is arrested for shoplifting. The arresting officer is driving her to the county jail for booking. The police officer notices that she is wearing a college football jersey. The officer asks the woman if it is her favorite team and begins chatting with her about the upcoming season. The woman claims that the officer interrogated her even when she requested an attorney. Was the officer engaging in interrogation?

no

The police stop you for speeding. They pull you over, you roll down your window, and they ask for your license, registration, and proof of insurance. They ask if you are willing to open up the trunk and let them see inside. You tell them no. Do the police have the right to search your trunk?

no

detention

police custody, short of arrest, that is based on reasonable suspicion. unlike arrest, the amount of time a person may be detained depends upon how long it would reasonably take to conduct an investigation of the facts at hand or to finish police business.

A landmark case is best defined as a(n) ________. 1.) precedent-setting court decision that produces substantial changes both in the understanding of the requirements of due process and in the practical day-to-day operations of the justice system 2.) set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime 3.) understanding, based on U.S. Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process, or it will not be allowed as evidence in a criminal trial 4.) legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure

precedent-setting court decision that produces substantial changes both in the understanding of the requirements of due process and in the practical day-to-day operations of the justice system

Purpose of the miranda warning

to give crime suspects fair notice of their basic constitutional rights

The police receive a call about a neighborhood house party. The caller expresses concern that there may be underage drinking going on at the party. The police go to the apartment and knock on the front door. An individual opens the door. The police ask for the individual's identification. When the individual turns to go and get his wallet, police see a number of college-aged individuals inside the room. The police also see numerous bottles of alcohol. The individual returns with identification that shows he is not old enough to legally drink. The police then walk into the house and tell all individuals to put down their drinks, line up, and produce identification. Do the police have the right to walk into the house and detain all party attendees?

yes