Evidence, Search, and Seizure: Ch. 5-7, 14

Custody is defined by how a reasonable person would understand the situation. T/F

True

Prosecutors and police often have immunity from wrongful conviction lawsuits. T/F

True

The test in determining the voluntariness of a confession is the totality of the circumstances test. T/F

True

Which court case held that warrants are not required for public arrests?

United States v. Watson

Griffin v. Wisconsin:

Upheld a probation rule permitting probation officers to search a probationer's home without a warrant

Which one of the following is not a common type of identification procedure?

Video stream

The Supreme Court ruled that required school officials to obtain a warrant before conducting searches of students

Would interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools

Until 2004, a wrongfully convicted person could receive a maximum of only

$5000

Samuel Gross and his colleagues (2014) were able to estimate that ________ of defendants sentenced to death in the US were later shown to be innocent.

4.1%

What is a Terry stop? What is the level of objective justification?

A Terry stop allows the police to briefly stop and frisk a person based on reasonable suspicion of involvement in criminal activity.

Rochin v. California (1952) was a special circumstance in terms of the search warrant requirement where

A defendant had his stomach pumped

The method of identification where a suspect is made to stand beside several people of generally similar looks as a witness tries to identify him or her is

A lineup

Which of the following is an example of an arrest?

A person is handcuffed and taken to a stationhouse

In which of the following circumstances would the police most likely not be able to use the automobile exception to the warrant requirement?

A police officer arrives on a parcel of land for a domestic dispute and notices a mobile home on a cinderblock foundation

In which of the following situations would a police officer not need a search warrant to conduct a search?

A police officer pulls a car over and notices a bag of cocaine in the passenger seat

Explain a "search incident to arrest." Be sure to address the timing and scope of the search.

A search incident to arrest is a search of a suspect following an arrest without a warrant. The arrest must have been lawful, result in a person being taken in custody, and be based on probable cause. The search should take place soon after the arrest and be narrowly focused on objects related to the offense of arrest.

In Safford United School District No. 1 v. Redding (2009), the Supreme Court held that although an assistant principal had reasonable suspicion a student was giving away contraband, reasonable suspicion did not justify

A strip search

What two conditions must be in place that require an officer to read a suspect his Miranda warnings? Give a brief explanation of each.

A suspect must be in custody and under interrogation. Custody - taken into custody or otherwise deprived of their freedom of action in any significant way Interrogation - questioning initiated by law enforcement officers

When are arrest warrants required? When are they not needed?

An arrest warrant is required unless the arrest is made in public or there are exigent circumstances. Exigent circumstances include hot pursuit, danger to officers or third parties, possible escape, and/or possible destruction of evidence.

What does it mean to be a "convicted innocent"?

An individual who is arrested and pled or was found guilty but is in fact innocent

What was the "bright-line" rule that was set in place by Payton v. New York?

Arrest in the home must be accompanied by a warrant if no exigent circumstances exist

Employers can require employees to submit to drug testing

As a term of their employment

A third party can consent to a search

If he or she possesses common authority over the area searched and if the nonconsenting party is not present

Schoolchildren can be drug tested

If they are in an extracurricular activity

In what state did the governor give pardons to everyone on death row?

Illinois

Miranda rights kick in as soon as the person in question is

In custody

Border checkpoints are justified

In the interest of national security

In Maryland v. Shatzer (2010), the Supreme Court reiterated the rule requiring an interrogation to stop after a suspect has

Invoked his or her right to counsel

What are the 3 Constitutional requirements for a search or arrest warrant to be valid?

It must be issued by a neutral and detached magistrate. Probable cause must be set forth in the warrant. The warrant must conform to the Fourth Amendment's particularity requirement.

For a consent search to be valid,

It must be voluntary

Which one of the following is a(n) appropriate/valid magistrate who can issue warrants?

Judges

For a waiver to be made clear by the individual, it must be

Knowing and intelligent

Explain the difference between lineups and showups.

Lineup - suspect is placed alongside several other people who, more or less, resemble the suspect Showup - suspect is brought alone before the witness, who is then asked whether this person is the perpetrator

An incriminating statement is any compelled statement that

May be used in a criminal proceeding

"Questioning initiated by law enforcement officers" is the definition of interrogation given in the _________ case.

Miranda

Which of the following is individual legislation to provide compensation for wrongfully convicted people?

Moral obligation bills

In Arizona v. Gant (2009), the Court held that vehicle searches incident to arrest

Must be narrowly focused on objects related to the offense of the arrest

Particularity in an arrest warrant depends on whether the police know the suspect's

Name

The public safety exception was defined in

New York v. Quarles

What level of justification is required for a "consent" search?

No justification needed. Voluntary consent must be given.

Which of the following is not a restriction on warrantless arrests?

None of these (all of restrictions)

When a person is confronted by the police and is still free to leave, this is known as a

Nonstop

When determining voluntariness, the courts focus on

Police conduct and the suspect's characteristics

Arrests require

Probable cause

Warrants require

Probable cause

Stops require

Reasonable suspicion

Which of the following is the standard for automobile stops?

Reasonable suspicion

Which of the following can reduce erroneous identifications by victims and eyewitnesses?

Reform police lineups

Describe the 5 types of remedies for the wrongfully convicted.

Require police to electronically record interrogations. Place limits on the length of interrogations and tactics that lead to false confessions. Reform lineup procedures to reduce erroneous identification by victims and witnesses. Reform pretrial discovery by enacting open file discovery. Hold LEOs and prosecutors accountable for misconduct in investigations.

Which of the following might be the most common source of false matches in regard to flawed DNA testing?

Sample mix-up

In Atwater v. Lago Vista (2001), what was the misdemeanor that had Atwater arrested?

Seatbelt violation

This federal statute allows civil claims for violations of constitutional rights and provides for civil damages against state governments and/or actors as well as attorney fees.

Section 1983

Search warrants

Should be served promptly after it is issued

Which of the following constitutional amendments would a wrongfully convicted person who received ineffective assistance of counsel claim had been violated?

Sixth Amendment

Which one of the following is not a reason DNA testing could be flawed?

Small sample

What are moral obligation bills?

Specifically drafted legislative acts generally used to pay otherwise unenforceable claims on behalf of individuals harmed by the state.

Interrogation is questioning

That tends to incriminate the individual being questioned about his or her involvement in a crime

All of the following are exceptions to the requirement that police officers obtain warrants for misdemeanors committed out of their presence except if

The act is committed at night

To determine the voluntariness of a confessions, the courts usually will focus on the police conduct in questioning the suspect as well as

The characteristics of the suspect

What is the significance of the Supreme Court's ruling in the case of Brady v. Maryland?

The court established that prosecution must turn over all evidence that might exonerate the defendant to the defense.

In Terry v. Ohio, the court

Allowed patdowns based on reasonable suspicion

In Warden v. Hayden, police officers

Followed the defendant into his home and effectuated an arrest

The protection against self-incrimination is applicable to the states through the

Fourteenth Amendment

Which of the following will not support stopping vehicles at a roadblock?

General checks to see if drivers may be committing any crime

Which of the following is not a requirement for a search or arrest warrant to be valid?

Generality

Which of the following is not a reason for the passage of compensation statutes?

To give wrongfully convicted persons lots of money

The armspan rule limits a search

To the area within a person's immediate control

A factor considered in voluntariness is

All of these: Prior history Location of questioning Age

Compulsion can occur

All of these: During questioning In written documents When threatened with non-criminal sanctions by failing to testify

The attorneys in the 1993 Guerra case with the killing of a Houston police officer argued in their appeal that

All of these: Guerra had been deprived of a fair trial. Exculpatory evidence was withheld. Witness testimony was coerced and tampered with.

Which of the following are reasons to disqualify a person from receiving state compensation for a wrongful conviction?

All of these: No pardon A guilty plea Prior convictions

A detention's reasonableness is

Based on common sense and ordinary human experience

A frisk must

Be aimed at discovering weapons

DNA degrades if it is not kept

Both cold and dry

For an object to be in plain view,

Both of these: It must be immediately apparent as criminal contraband. The police must have lawful access to it.

Particularity in a search warrant depends on whether the police know the

Both place to be searched and detailed items to be seized

This case involved the whippings and other brutal methods of three black defendants to obtain confessions from them.

Brown v. Mississippi

Which 3 constitutional amendments govern confessions and admissions? Why?

Fifth - right against self-incrimination Sixth - right to counsel Fourteenth - right to due process

Which of the following is not a common cause of wrongful convictions?

Chain of custody violations

Which of the following cases developed the armspan rule?

Chimel v. California

This occurs when a person implicates him or herself in criminal activity following police questioning and/or interrogation.

Confession

Individuals are protected from being compelled to testify by the

Fifth Amendment

When stopped for speeding, a person is

Detained

The term "evanescent" when describing certain evidence stands for

Disappearing

The three types of situations in which compulsion can occur are

During questioning. In written documents. When a person is threatened with noncriminal sanctions by failing to testify.

If property damage is ________, police actions can be deemed unconstitutional.

Excessive

This occurs when wrongfully convicted individuals have been set free after having been convicted of crimes they did not commit.

Exonerations

What are the 4 most common causes of wrongful convictions?

Eyewitness misidentification. Unvalidated/Improper forensics. False confessions/Admissions Informants/Snitches

This ensures that witnesses at either a trial or a grand jury hearing can be compelled to answer questions after they have waived Fifth Amendment privilege and being to testify.

Fair examination rule

Competent legal assistance is protected by the Fifth Amendment. T/F

False

DNA can always be used to prove the innocence of a person wrongfully convicted. T/F

False

Wrongful convictions are easy to overturn. T/F

False

Which of the following is not an exception to the knock and announce rule?

The occupant of a dwelling has an extensive criminal record.

Explain the plain view doctrine.

The plain view doctrine allows an officer to seize evidence of a crime without a warrant. The object(s) must be immediately apparent as criminal evidence and the officers must have lawful access to the object(s).

Miranda is applicable when

The police interrogate a suspect who is in custody

A proceeding is deemed criminal based on

The punitive sanctions involved

A frisk is permissible if

There is reasonable fear for officer safety

Explain the three most significant restrictions concerning the service of search warrants?.

Time constraints - service of a search warrant should take place promptly after issuance; some are restricted to time of day; some restriction on amount of time police can search. Scope and manner of the search - where; must be reasonable; physical actions taken by police; cannot be excessive. Procedure after service of search warrant - inventory.

The Sixth Amendment provides suspects the right

To counsel