Criminal Procedure Test 8 note cards

property/security/property/sacred right/primary purpose/government

According to your author, what has the development of our common law historically demonstrated concerning the _________ rights of individuals? : That the ________ of one's ________ is such a "___________ _____" that protection of that right was a _______ _______ of ________.

affadavit/sufficient fact/person/committed/crime/contraband/evidence/fruits/implements/crime/particularly/place

Generally, what is required for a police officer to obtain a search warrant from a Judge? : An ______ (sworn statement) with _____ ______ that show either that the _______ involved has _____ a ____ or that ______ or _____, _____ or _______ of a ______, are in a ________-described ______

1. Flight 2. Furtive conduct 3. Real (or physical) evidence 4. Admissions 5. False or implausible answers 6. Presence at the crime or in a high-crime area 7. Association with other known criminals 8. Past criminal conduct

What are eight facts and circumstances of which a law enforcement officer is able to perceive and may either establish probable cause or assist in the determination of probable cause?

1. It must be written 2. It must be under oath 3. It must contain facts 4. It must establish probable cause 5. It must describe the items to be seized with particularity 6. If an informant was used, it must comply with the totality of the circumstances requirement

What are six specific requirements for an affidavit supporting a request for a search warrant?

1. The suspect's person 2. The suspect's house 3. The suspect's papers 4. The suspect's effects

What are the four specifically protected areas in the Fourth Amendment against unreasonable searches and seizures?

ordinary citizen/victims/eye-witnesses/criminal/knowledge/defendant's/criminal/co-involvement/access/knowledge/defendant's/crime

What are the two classifications (or types) of informants? : 1. ____ ____ informant (such a _____ and __-__) 2. _____ informants (i.e. people who have ______ a ________ involvement in ______ activity either because of their own ___________activities has allowed them ______ to______of the _________commission of a ________).

1. He must be neutral and detached. 2. He must be capable of determining whether probable cause exists for the requested search warrant.

What are the two most important characteristics that a judicial officer authorized to issue search warrants must possess?

intrusion/trespass/police officer/specifically/fourth amendment/paper/effect/house/person/violation/reasonable expectation/privacy/obtaining/information discover/police officers

What are the two requirements for a police officer's actions to constitute a search and seizure as envisioned by the Fourth Amendment? : 1. Either an actual ____ (or _____) by the _______ _____ into an area _______mentioned in the _______ _______ - a ______, ________, ____, or _____ - or a _____ of the suspect's ________ _______ of ____ 2. An _______ of ______ or the ________of something by the ______ ________

The affiant

What do we call the person making the affidavit in support of a search warrant?

right/people/secure/persons/houses/paper/effects/unreasonable searches and seizures/violated/warrant/issue/probable cause/oath or affirmation/place/searched/persons/things/seized

What does the Fourth Amendment to the U.S. Constitution say? : The ______ of the _____ to be _______ in their _______, ________, _______, and _____ against ______ ______ and _____, shall not be ______, and no _______ shall _____, but upon ________ _______, supported by ______or ______ and particularly described the ______ to be ________, and ________ or ______ to be ___________

1. Property 2. Privacy 3. Probable cause 4. Reasonableness

What four underlying concepts are so fundamental and pervasive in criminal procedure that they must be understood to make criminal procedure truly meaningful?

honest expectation/society/acknowledge/legitimate/entitled/free/unreasonable intrusion/place/item

What is a reasonable expectation of privacy? : an individual's ____ ______-and one that _______ would be willing to ____ as ______-that he or she would be _____ to be _____ from _______ ____ in a particular _____ or ______.

order/writing/proper judicial authority/people/law enforcement officer/commanding/search/personal property/commanding/bring/property/judicial authority/warrant

What is a search warrant? 1. An _____ in _____ 2. Issued by a ______ ________ _______ 3. In the name of the ________ 4. Directed to a _____ _____ ____ 5. ________ the officer to _______ for certain ______ _____ and 6. _____ the officer to _____ the ______ before the _____ _______ named in the ______

law enforcement officer/information/criminal activity

What is an informant? : a person from whom a ____ _____ ______ obtains _____ on _____ ____?

tip/sufficiently knowledgeable/trustworthy/probable cause/search warrant/totality/circumstances/tip/nature/information/opportunity/see/hear/matter/veracity/basis/knowledge/independent verification/matters/police

What is the Totality of the Circumstances Test? : In determining whether or not an informant's ____ is ______ _____ and ______ to establish ____ _____to obtain a ____ ______ the _______ of the __________ of the ____ should be considered including such things as (1) the ___ of the _____ (2) whether there has been an ____ to ____ or ___ the ____ reported (3) the ___ and __ of the ___ of the informant (4) whether there has been any ___ ____ of the ___ through ___ investigation

facts/circumstances/ knowledge/reasonable trustworthy information/sufficient/warrant/reasonable caution/seizable property/particular place/particular person

What is the definition of probable cause as it relates to a search? : When the _____ and _______ within the officer's _____ and which they had _______ ________ ______, are _____in themselves to ____ a man of _____ _____ in the belief that ______ ______ would be found in a ________ _____ or on a ______ ____

facts/circumstances/ knowledge/reasonable trustworthy information/sufficient/warrant/reasonable caution/offense/committed/person

What is the definition of probable cause as it relates to an arrest? : where the ______ and _____ within the officer's _______ and of which they had ______ ______ _____ are ____in themselves to ____ a man of ______ _____ in the belief that an _____ has been, or is being, _______ by that ______

general rule/search warrant/law enforcement officer/crime/information/presented/evidence/trial/defendant/committing/crime

What is the general rule as to when a search warrant is required? : the ______ ______ is that a _____ _______ is required any time a _______ ______ _____investigating a ____ is securing ______ that could later be _____ as ________ in the _____ of a ________ for _________ that ______.

probable cause/fair probability/criminal activity/contraband/evidence/crime/particular place

What is the one requirement that must exist before either obtaining a search warrant or conducting a warrantless search? : _____ _____ (i.e. a _____ _____that someone is involved in _____ ______ or that ____ or ___ of a ____ will be found in a______ ______).

totality of circumstances/statements/criminal informants/probable cause/search warrant

What is the significance of Illinois v Gates 462 US 213 (1983)? : it gave us the "__ __ __ __" test for evaluating the ___ of ___ ____ to establish the ___ ___ requirement for obtaining a ___ ___

information/magistrate/probable cause/issue/search warrant/contained/affidavit

What is the significance of Whiteley v. Warden, 401 U.S. 560 (1971)? : it said that all the _____ required for the ______ to find ______ ______ to _____ a ______ ______ must be _____ in the ______

Whiteley v. Warden

What is the significance of _____ v _______, 401 U.S. 560 (1971)? : it said that all the information required for the magistrate to find probable cause to issue a search warrant must be contained in the affidavit

Katz v United States

What is the significance of _______ v. __________, 389 U.S. 347 (1967)? it introduced the reasonable expectation of privacy concept.

Illinois v Gates

What is the significance of _________ v ______, 462 US 213 (1983)? : it gave us the "totality-of-the-circumstances" test for evaluating the statements of criminal informant to establish the probable cause requirement for obtaining a search warrant

judicial officer/specifically authorized/search warrants/ judge/magistrate/clerks/justices/peace/complaint

Who issues the search warrant? : a _____ ____ who has been ______ _____ to issue _____ ___ (usually a ____ or _____ but can also include _____, ____ of the _____ or ___ justices.)

close observation/person/group/suspicion

surveillance is ______ _______ of a ________ or _____, especially when under _________.