criminal procedure exam 1

the foreign intelligence surveillance act (fisa) regulates the surveillance of which of the following

"foreign powers" or "agents of foreign powers"

at the federal level, the most common statute for holding police officers criminally liable is

18 U.S.C. section 242

which of the following statutes has restricted or continues to restrict electronic surveillance?

1986 amendments to title III, title III of the omnibus crime control and safe streets act of 1968, electronic communications privacy act

there are two types of remedies

extralegal and legal

in which case did the supreme court expand the scope of the incident search

maryland v. buie

which rule provides that evidence in violation of the constitution cannot be used in a criminal trial to prove guilt?

the exclusionary rule

title III of the omnibus crime control and safe streets act and the electronic communications privacy act amend that in order for the government to intercept almost any wire, oral, and electronic communications among private parties, it must have

a valid search warrant

to be held liable under section 242, a law enforcement officer must

act with specific intent to deprive a person of important constitutional (or other federal) rights

in which case did the supreme court create the "immediately apparent" requirement for a valid plain view seizure?

arizona v. hicks

which of the following is part of the search incident to arrest exception to the fourth amendment's warrant requirement that allows officers to search not only the suspect incident to arrest, but also his/her "grabbing area"?

armspan rule

which of the following is NOT a reason articulated by the supreme court as a reason allowing automobile searches without a warrant

automobiles are not subject to the probable cause requirement

in which landmark case did the supreme court carve out the automobile exception to the fourth amendment's warrant requirement

carroll v. united states

42 U.S.C. section 1983 is used for

civil liability

in order for criminal liability to be imposed under section 242, a (blank) right must be clearly established

constitutional

evanescent evidence refers to evidence that is likely to

disappear

title III of the omnibus crime control and safe streets act is federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept

electronic communications, oral communications, wire communications

which of the following is the most frequently discussed remedy in criminal procedure

exclusionary rule

which of the following is NOT a recognized reason for a warrantless arrest?

getting a warrant would be inconvenient and costly

which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant

inconvenient to obtain a warrant

a nonjudicial remedy in which the police investigate on their own complaints against officers is

internal review

which officials meet the requirement of "neutral and detached"?

judges

a method of alternative dispute resolution in which a neutral third party renders disciplinary decisions is referred to as

mediation

in determining if an arrest has occurred, the courts will weigh

officers' intentions, the duration of a stop, the degree of the intrustion

any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as

open field

which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence?

papers and effects

the fourth amendment protects which of the following from unreasonable searches and seizures?

papers and effects, houses, persons

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

exceptions to the fruit of the poisonous tree doctrine include

purged taint, independent source, inevitable discovery

government action alone is not enough to implicate the fourth amendment. the law enforcement activity must also infringe on a person's

reasonable expectation of privacy

extralegal remedies are

remedies conducted outside the legal process

which of the following is an order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense?

search warrant

when there is some meaningful interference with an individual's possessory interest in that property, it is defined as a

seizure of property

a (blank) is a brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest; it is the detention of a person by a law enforcement officer for the purpose of investigation

stop

which of the following is NOT an exception to the fourth amendment's warrant requirement

suspicion search

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

a claim of racial profiling can be raised pursuant to

title VI of the civil rights act of 1964

in several arrest cases, the courts have considered what sources of information meet the probable cause burden. Three main sources of information have been examined. which of the following is NOT one of them?

undercover agent information

which supreme court case upheld the common-law rule that arrests made in public do not need to be predicated on a warrant

united states v. watson

probable cause is a necessary component of a

valid warrant

in dunaway v. new york, the supreme court ruled that

a custodial interrogation must be supported by probable cause

the act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as an

arrest

An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense is referred to as an

arrest warrant

what key case declared that the fourth amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine?

atwater v. city of lago vista

in which case did the supreme court consider a statute that permitted eavesdropping orders to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered

berger v. new york

the term "automobile" includes which of the following

boats, trucks, cars

in which case did the supreme court find that respondents could have no reasonable expectation of privacy for abandoned property?

california v. greenwood

in this case, the supreme court held that the full search of the house was unreasonable, but a search of the arrestee was permitted "to remove any weapons that the (arrestee) might seek to use in order to resist arrest or effect his escape" and to "seize any evidence on the arrestee's person in order to prevent its concealment or destruction"

chimel v. california

(blank) in the complaint produce (1) more objective and more thorough investigations, (2) a higher rate of sustained complaints and more disciplinary actions against guilty officers, (3) greater deterrence of police misconduct (through both general and specific deterrence), and (4) higher levels of satisfaction on the part of both individual complaints and the general public.

citizen involvement

which is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief?

civilian review

the plain view doctrine first emerged from the supreme court's decision in which case

coolidge v. new hampshire

In the section 1983 context, the requirement that the plaintiff (i.e. the party suing) generally has to prove that the defendant officer intended for the violation to occur is referred to as

culpability

according to the supreme court, which of the following is the "area to which extends the intimate activity associated with the security of a man's home and the privacies of life"?

curtilage

in which case did the supreme court rule that stationhouse detentions require probable cuase

davis v. mississippi

which of the following refers to force that is likely to cause death or serious bodily harm?

deadly force

the methods used to spy on criminal suspects, such as wiretapping, video surveillance, thermal imagers, and "gun detectors," are referred to as

electronic surveillance

emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of

exigent circumstances

who are considered government officials within the meaning of the fourth amendment?

fire inspectors, public school teachers, uniformed police officers

probable cause may be established in many ways. which of the following would be an example

flight from the scene, incriminating evidence, suspicious conduct

one way to determine if a 4th amendment seizure has occurred is to ask if a reasonable person would believe that he/she is

free to decline the officer's requests

which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search

fruit of the poisonous tree

which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?

getting a warrant would be inconvenient and costly

which exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtain evidence will be considered admissible?

good faith

to define when a search takes place, which two important factors need to be considered?

government action and reasonable expectation of privacy

for an item to be lawfully seized under the plain view doctrine, it must be "immediately apparent" to the officer that the item is subject to seizure. This means that the officer must

have probable cause that the item is contraband

which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis

house

for a title III warrant to be issued, the warrant application must do which of the following?

identify the officer filing for the warrant, contain a particular description of the nature and location of the facilities from which the communications will be intercepted, contain a full and complete statement of the facts and circumstances relied upon by the applicant

police officers act under color of law when they

identify themselves as officers

outside of exigent circumstances, when may officers make warrantless arrests?

in public spaces with probable cause

which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?

independent source exception

which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway?

inevitable exception

there are 3 nonjudicial remedies available for police misconduct. which is not one of them?

internal review, mediation, civilian review

William A. Geller has argues which of the following points regarding civilian input into the process of investigating complaints against police?

it is difficult for people that are disconnected from the police department to have and adequate understanding if the internal operations of a civilian review board

which of the following is NOT an essential component of an arrest or search warrant?

it must be issued by a neutral and detached magistrate, showing of probable cause is required, and it must conform to the fourth amendment's particularity requirement

which of the following is necessary for the police to engage in actions that trigger the 4th amendment? examples include probable cause and reasonable suspicion

justification

title III restricts the "interception" of

oral communications in private places

the fourth amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized is referred to as

particularity

which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes

person

this term refers to more than bare suspicion; it exists when "the facts and circumstances within (the officers') knowledge and of which they (have) reasonably trustworthy information (are) sufficient to warrant a prudent man in believing that the (suspect) had committed or was committing an offense."

probable cause

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

reasonable suspicion

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

reasonable suspicion

the fourth amendment contains which of two basic clauses

reasonableness and warrant clauses

the first part of the fourth amendment, "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated..." is referred to as the

reasonableness clause

which is NOT one of the four types of warrantless searches?

searches incident to an arrest, searches based on the "plain view" doctrine, searches conducted under exigent circumstances

this exception recognizes that, when arresting a suspect, police officers must be permitted to search the person and immediate area in order to protect the officers from harm and to prevent the destruction of evidence

searches incident to arrest

which of the following occurs when a police officer--by means of physical force or show of authority--intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he/she is not free to leave?

seizure of a person

in which case did the supreme court state that a seizure has occurred if the officer's conduct in conjunction with the questioning would convince a reasonable person that he/she is not free to leave?

terry v. ohio

in which key case did the supreme court define the meaning of arrest as more than restricting a person's movement?

terry v. ohio

restrictions on searches incident to arrest include which of the following?

the arrest itself must be lawful, the nature or seriousness of the offense, the arrest must result in a person being taken into custody

why focus attention on the constitutionality of arrests?

the constitutionality of an arrest is critical in determining whether evidence seized in connection with the arrest is admissible in court

a plain view seizure is authorized when

the items are immediately apparent as subject to seizure, the police are lawfully in the area where the evidence is located, the discovery of the items to be seized is inadvertent

which of the following components of a search warrant are true?

the location requirement only applies to a search warrant and not an arrest warrant, the officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity, the officer must show probable cause that the items to be seized are in the location to be searched

what must an officer show in order to obtain an arrest warrant

the person may have committed the crime in question

a warrantless search for evanescent evidence is permissible when

the procedures employed are reasonable, the exigency was not police-created, there is probable cause to believe that evidence will be destroyed, lost, or devalued

which type of warrant permits interception of electronic communications?

title III

probable cause to arrest must precede the warrantless searches

to restrict officers from engaging in "fishing expeditions"

when people (blank) convey information or provide material to third parties, they cannot have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities

voluntarily

the second part of the fourth amendment "... no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" is referred to as the

warrant clause

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

when a police officer is in pursuit of a person, when he/she is arrested and taken to the police station for questioning, when a police officer simply questions a person