Criminal Procedure 1 Midterm

Administrative Justification

A standard used to support certain regulatory and special needs searches. Created by the Supreme Court, it adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.

A search

Activity geared toward finding evidence

Reasonableness

Adequate reason to believe the person arrested in fact committed the crime

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

Affirms

The exclusionary rule does NOT apply in

All of the above Habeas corpus proceedings Parole revocation hearings Grand jury investigations

Exceptions to the fruit of the poisonous tree doctrine include

All of the above Purged taint Independent source Inevitable discovery

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

All of them Flight from the scene Suspicious conduct Incriminating evidence

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

All of these 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.

When Probable Cause Is Always Required

Arrests with warrants Arrests without warrants Searches and seizures of property with warrants Searches and seizures of property without warrants

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

Controlling crime and due process

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

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

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

Faith in the courts

A warrantless search may occur before or after an arrest to be valid.

False

A warrantless search of a house following a lawful arrest may be conducted if the police believe another person is in the house and could potentially destroy evidence.

False

Police officers act under color of law when they:

Identify themselves as officers

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

Which of the following is NOT a reason a "bright-line" decision may be helpful?

It is ambiguous

Which statement is true of the Fourth Amendment?

It protects from unreasonable searches and seizures.

Which level of justification is required for stops and investigative detentions that fall short of arrests?

Justification

Infringement on a Reasonable Expectation of Privacy

Katz v. United States (1967) California v. Greenwood (1988)

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

Terry v. Ohio

Police can search and seize with probable cause

Seizure

Property to be used as evidence. OR seizing a person.

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

Justification that falls below probable cause but above a hunch is referred to as:

Reasonable suspicion

Police conduct that is considered reasonable by the police officer engaged in the conduct is referred to as:

Subjective reasonableness

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

The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time. 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. 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 most important source of rights applying to criminal procedure is/are:

The U.S. Constitution

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

The exclusionary rule

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

The rule does very little to deter police misconduct.

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

The rule is beneficial because it helps innocent people.

Probable Cause

The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

Katz v. US

This 1967 Supreme Court case prohibited illegal eavesdropping and extending the zone of privacy to include the home, office, person, and immediate public arena.

The past Supreme Court requirement that a physical intrusion by authorities must have taken place to violate one's privacy is referred to as the

Trespass doctrine

who are government officials

Uniformed police officers Fire inspectors Occupational Safety and Health Administration (O S H A) inspectors Federal mine inspectors Public school teachers Private law enforcement when used in place of the police

The term "objective reasonableness" in criminal procedure refers to:

What a reasonable person would do or feel under the circumstances

Two factors are important in a search:

Whether the presumed search is a product of government action Whether the intrusion violates a person's reasonable expectation of privacy

Reasonable Suspicion

a suspicion based on specific facts; less than probable cause necessary for the police to engage in stop-and-frisk activities.