Criminal procedure

The 5th Amendment approach to confessions applies:

Whenever a person is being questioned while in police custody.

True or False: The existence of probable cause is viewed in light of the specific officer's experience and training as a result, it is reasonable for him to establish probable cause based on a hunch or gut feeling.

False

Last Friday, Sally was shopping at Macy's Department store (a large private retailer) with a very large tote bag. The store's cashier suspected that Sally was a shoplifter so she grabbed Sally's tote bag and searched it.

True or False: Based upon this scenario, Sally was subjected to an unreasonable search and her 4th Amendment rights were violated by the cashier. TRUE

In California v. Greenwood, the Supreme Court held:

We do not have a reasonable expectation of privacy in the trash we place in bags/cans we place outside for pick-up on the front curb of our homes.

According to the waiver test of consent:

A consent search is valid only if the person consenting voluntarily and knowingly waives his 4th Amendment rights.

True or False: The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

True

True or False: We have a reasonable expectation of privacy in our e-mails and text messages.

True

A person has been seized within the meaning of the Fourth Amendment if in view of all of the circumstances surrounding the incident, a reasonable person would have

believed that he was not free to leave.

True or False: The Miranda decision requires police to provide warnings to suspects whenever they question them for investigative purposes.

False

True or False: A search warrant must specifically identify the "things to be seized." This particularity requirement may not be met by specifying an entire class of items.

False

In the case of Tennessee v. Garner, involving police authority to use deadly force to stop a fleeing felon, the U.S. Supreme Court held that:

Deadly force could be used only if the officer using deadly force had probable cause to believe the fleeing felon posed a physical danger to himself or others.

According to the doctrine:

Plain view is not a Fourth Amendment search,

The U.S. Supreme Court held in Tennessee v. Garner that:

Police cannot shoot a fleeing suspect if he poses no imminent danger.

In Illinois v. Rodriguez, the U.S. Supreme Court held that:

The warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting has authority to consent.

Information known by police based on what they see, hear and smell is

direct information.

Police can arrest a suspect in the suspect's home without a warrant if there are ( BLANK )circumstances that would justify such an arrest.

exigent

A ( BLANK ) is the least intrusive type of seizure of person under the Fourth Amendment.

stop

A ( BLANK )is the least intrusive type of seizure of a person under the Fourth Amendment.

stop

Remanded means

that the appellate court sent the case back to the lower court for further action.

The U.S. Supreme Court, in Payton v. New York held that the 4th Amendment: I. Requires an arrest warrant to enter a home in exigent circumstances. II. Requires an arrest warrant to enter a home when officers are in hot pursuit. II. Ususally requires an arrest warrant to enter a private home and arrest a citizen, IV. Requires a warrant to arrest a suspect in a public place.

|||

certiorari,

"to be certified."

habeas corpus,

"you have the body,"

True or False: The police must obtain a search warrant prior to photographing you walking down a public street if it is their intent to use those photos as part of a formal investigation.

False

Which amendment deals with search and seizure issues?

4th Amendment

The self-incrimination clause is found in the ( BLANK )Amendment of the U.S. Constitution.

5th

The right to counsel clause is found in the ( BLANK )Amendment of the U.S. Constitution.

6th

"no-knock" entry will sometimes be permitted because of the following law enforcement interests: 1. Safety of officers II. Escape of prisoner II. Destruction of evidence

A. I, II, II

What is needed to establish that government action is search?

A. Societal recognition that a personal expectation of privacy is reasonable. C. The exhibition of a personal subjective expectation of privacy.

The Mendenhall test requires that in order for a person to be seized by law enforcement, the individual must:

Feel that he or she is not free to leave the area.

True or False: It is not a seizure under the 4th Amendment for the police to stop you on a public street and ask you questions.

True

True or False: The Miranda warnings are not a right and are not required if to do so would endanger public safety.

True

of the circumstances surrounding the incident, a reasonable person would have A person has been seized within the meaning of the Fourth Amendment if in view of all

Believed he was not free to leave

The ( BLANK ) is the constitutionally protected space immediately surrounding an individual's home that generally requires a warrant in order to search.

Curtilage

The 4th Amendment only protects against invasions that amount to unreasonable searches and seizures.

True

The plain view doctrine does not allow the use of ordinary technological enhancements that are widely available, i.e., flashlights or magnifying glasses.

False

True or False: Arrests are usually shorter in duration than stops.

False

True or False: Compelled extraction of blood for chemical analysis from a conscious person violates his or her privilege against self-incrimination.

False

True or False: Confessions following a beating by the police would still be admissible as long as the officers Mirandized them.

False

True or False: Full custodial arrests are not the most invasive type of arrest.

False

True or False: In determining probable cause, police must solely rely on direct information.

False

True or False: It is a seizure under the 4th Amendment if a security guard at your local grocery store stops you to investigate whether you have shoplifted items from the store.

False

True or False: Most searches in the United States occur only after a valid search warrant has been issued.

False

True or False: The 6th Amendment right to counsel is triggered at the commencement of a custodial interrogation.

False

In Hodari D. v. California, the juvenile dropped the drugs that he was carrying prior to being physically seized by the police. What did the Court decide?

He was not actually seized by the police until he yielded or was subdued by law enforcement, thus the drugs were admissible.

According to the U.S. Supreme Court in New York v. Belton, involving a search of the passenger compartment of a car and its contents incident to an arrest: 1. When a police officer has made a lawful custodial arrest of the occupant of an automobile a contemperaneous search of the passenger compartment is incident to the arrest. II. Officers must have probable cause to search the passenger compartment. III. Officer's may search containers found in the passenger compartment of an arrestee's automobile.

I, II

Miranda warnings are not required in questioning associated with which of the following situations? 1. Traffic Violations II. Driver's License Checks II. Persons detained during execution of search warrants IV. Persons arrested for misdemeanor violations

I, II, II|

In order to be valid, arrest warrants must satisfy certain requirements; these requirements include: I. A neutral magistrate to determine probable cause to arrest. II. A sworn statement of facts supporting probable cause. II. Identification of the residence of the person to be arrested. IV. Specific identification of the person to be arrested.

I, II, IV

Arrests involve which of the following characteristics: 1. Short duration II. Need probable cause to support them II. Usually involve removal to a police station IV. Are followed by STD and HIV testing

II, II|

In order to conduct a consent search of a person, an officer must have: 1. Probable cause to believe the suspect has contraband on his person. II. A valid warrant. III. Reasonable suspicion to make a stop. IV. Voluntary consent to search.

IV

True or False: According the United States Supreme Court, as long as officers have probable cause, they do not need to obtain prior judicial approval to make an arrest in a public place.

True

For 4th Amendment purposes, privately owned land not included within the area immediately surrounding the home is called ( BLANK )

Open Field Doctrine

Which of the following is the rule that detection of contraband by means of one's ordinary senses is not a 4th Amendment search?

Plain View Doctrine

In Arizona v. Gant, the Supreme Court ruled that:

Police may search a vehicle incident to an occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it's reasonable to believe the vehicle contains evidence related to the offense of arrest.

When a suspect asks for an attorney during a custodial interrogation:

Police must stop questioning until an attorney is present or a suspect initiates further conversation with them.

A police officer who detains a person must have supported by articulable facts that criminal activity may be afoot.

Reasonable suspicion

( BLANK ) is a less demanding standard than ( BLANK )

Reasonable suspicion; probable cause

In Knowles v. lowa, concerning an instance where a driver had been given a citation for speeding but had not been arrested, the Supreme Court:

Said the police could not automatically do a search incident to an arrest when only a citation is given to a driver, as opposed to when an arrest occurs.

True or False: Arrests are reasonable without warrants except for arrests in homes.

True

True or False: In Draper v. United States, the U.S. Supreme Court found that information that may not be admissible at trial to prove guilt could still be used to establish probable cause.

True

The case that established the foundation for stop and frisk is:

Terry v. Ohio

What did the Supreme Court say about air surveillance being used to spot marijuana plants growing in a fenced-in yard?

That it was not considered a 4th Amendment search as long as the plane was in navigable air space and sensory enhancing equipment was not used.

In Atwater v. City of Lago Vista, the Supreme Court ruled that:

The 4th Amendment does not prohibit a warrantless arrest for a minor offense, including misdemeanor traffic violations.

The two-pronged test of privacy to determine whether or not police conduct constitutes a search is known as:

The Katz Subjective/Objective Test

Under the holding in Chimel v. California, the police must limit a thorough search incident to an arrest to:

The arrestee's person and the area within his immediate control.

In Brigham City, Utah v. Charles Stuart, involving the police entering the home without a wrrant after the police observed an altercation occurring inside the home, the Supreme Court ruled that:

The officers had a right to enter without a warrant because they had an objectively reasonable basis for believing that someone in the home was seriously injured or being threatened with imminent injury.

In Graham v. O'Conner, involving the arrest of a diabetic who was suffering from an insulin reaction, the U.S. Supreme Court indicated that:

The question is excessive force cases is whether an officer's actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to his underlying intent.

1. A limited search of a person is best described a(n)

frisk.

A limited search of person is best described as a(n)

frisk.

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against

governmental interests, crime prevention/detection, and safety of law enforcement officers.

Before conducting frisk, an officer must believe which of the following to be true?

he is dealing with an armed and dangerous individual

Information received by police from third persons is called

hearsay.

The U.S. Supreme Court has ruled that a warrant is necessary to effect a routine arrest of a suspect in their

home.

petitioner

is a defendant in a noncriminal case.

Courts have consistently ruled that an investigative detention must be temporary and last no longer than

necessary to effectuate the purpose of the stop. necessary

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is ( BLANK ) under the Fourth Amendment.

no seizure

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is (BLANK )under the Fourth Amendment,

no seizure

A ( BLANK ) search/arrest occurs when an officer uses legal justification to stop a vehicle to search for evidence of an unrelated serious crime for which he did not have the probable cause necessary to support the stop.

pretext

All arrests must be supported by ( BLANK )

probable cause

Facts and circumstances which lead a reasonable officer to believe a crime has been, is being, or is about to be committed constitutes

probable cause to arrest.

The objective basis necessary for a police officer to make an arrest is

probable cause.

A police officer who detains a person must have ( BLANK ) supported by articulable facts that criminal activity may be afoot.

reasonable suspicion

Reversed means

the appellate court set aside, or nul- lified, the lower court's judgment.

Affirmed means

the appellate court upheld a lower court's judgment.

According to the courts, waiver of the 5th Amendment rights: 1. Requires a knowing, intelligent and voluntary waiver. II. Requires a signed statement that the suspect has waived his rights. II. be inferred from the suspect making a confession. IV. Can be inferred from a suspect's lack of response to whether they understood the Miranda warnings.

|