Ch. 7
The exclusionary rule states that
evidence obtained in violation of the Fourth Amendment cannot be used against a criminal defendant at trial
Illegally obtained evidence can be used in all of the following instances
- grand jury hearings - civil tax proceedings - deportation proceedings
What is an exception to the search warrant requirement?
- stop and frisk (Terry stop) - incident to an arrest - automobile searches
Why would police choose to obtain an arrest warrant?
- the arrest is less likely to be declared invalid later - this allows them to enter a home to make an arrest - the warrant protects the police because a neutral party has ensured that probable cause exists
What factor helps in determining if the use of force by police is reasonable in a situation?
- the potential risk to innocent bystanders or an officer - the seriousness of the situation - a suspect's resistance to arrest
Only about _____of police-citizen interactions involve citizen resistance
14%
What percentage of female victims of intimate partner violence call the police?
50%
The ____ Amendment to the U.S Constitution protects residents from "unreasonable searches and seizures"
Fourth
Officer Johnson is experiencing high levels of stress as a police officer. The single most important factor to help him with his stress is
having a dependable support group
What is FALSE about the patterns of gang activity?
rural areas have a higher percentage of gang members because youngsters have not much to do in these communities
Detective Smith illegally tapped Johnny's phone and heard Johnny talk about a famous painting that he stole from the Museum of Modern Art. The detective used the information to obtain a warrant to search Johnny's home. In this scenario, the ________ would be the fruit of the poisonous tree.
search warrant
Informing suspects of their rights was seen as the only effective way to safeguard their privilege against
self-incrimination
Michelle Jones, a suspect in a murder case, hires an attorney and turns herself over to the police, who formally arrest her. While waiting for her attorney at the police station, the detectives handling the case try to talk to Michelle about the murder. In this case, which amendment is being violated?
sixth
The _____ Amendment entitles criminal defendants to the help of an attorney at trial
sixth
On illegally entering Matthew's house to search for drugs, the police find evidence that Kristina is involved in a money-laundering scheme. Kristina does not live in Matthew's house. The evidence can be used against Kristina because she does not have
standing
Testimonial evidence include _______
statements made by a suspect
The Supreme Court first articulated the exclusionary rule in the ________ case
Weeks v. United States
What case does NOT define the lawful use of force?
Mapp v. Ohio
What case resulted in the extension of the exclusionary rule to the actions of state and local law enforcement officials?
Mapp v. Ohio
What case required that defendants must be informed of certain rights prior to custodial interrogation?
Miranda v. Arizona
In _______, the Court recognized that on occasion police officers apply force that may eventually be determined unconstitutional yet remains protected by qualified immunity
Saucier v. Katz
In ______, the U.S Supreme Court held that the use of deadly force was not reasonable unless the suspect committed a crime that inflicted serious harm and his or her escape posed a significant risk of further serious harm to persons at large.
Tennessee v. Garner
What act gave the government wide authority to engage in various kinds of electronic surveillance?
The USA PATRIOT Act
Police are looking for Trevor Brown, a suspect in a murder. Detective Lewis obtains Trevor's cell phone number from an informant and calls him. When Trevor receives the call, the detective immediately beings asking questions about the evening of the murder. Detective Lewis does not have to read Trevor his Miranda rights because
Trevor Brown is not in Detective Lewis' custody
What is FALSE about the Sixth Amendment?
a defendant who has a lawyer on one charge may not be interrogated by police about a different crime
What would be considered a private place according to Fourth Amendment standards?
a person's home
What is a FALSE statement about the Miranda warnings?
a suspect cannot consult a lawyer once the questioning begins
Statistically, which officer is reported to experience the least amount of stress?
a white male
Special Agent Collins is a new agent with the Drug Enforcement Agency. While investigating a multi-tiered heroin trafficking ring, the agent arrest Todd, a low-level street dealer, based on satisfactory evidence. However, transporting Todd to the detention center, the agent questions him about the drug operation. What statement is true?
any information that Special Agent Collins obtains during the transport to the detention center cannot be used against Todd in court
What is true about Miranda rights?
approximately 75% of suspects waive their Miranda rights
During a Terry stop, a police officer is allowed to do all of the following EXCEPT
arrest an individual
_______ is the exception that applies when the link between the unconstitutional acts and the evidence becomes weak due to intervening time or events
attenuation
What was the suspect, who was the reason for the search of Mapp's boarding house, accused of in the case of Mapp v. Ohio?
bombing
A _____ arrest is the arrest of both parties in a physical altercation instead of identifying and arresting only the primary aggressor
dual
________ is/are the second leading cause of wrongful convictions
false confessions
Detective V reads the Miranda rights to the suspect in a rape case, who waives his rights. During the interrogation of the suspect, Detective V becomes enraged over the horrific details that the suspect provides. The detective hits the suspect to coerce more details of the crime out of him. In this scenario, which amendment has the detective violated?
fifth
The ____ Amendment prohibits compelled confessions
fifth
The ______ Amendment states that no person "shall be compelled in any criminal case to be a witness against himself"
fifth
While interrogating a suspect for murder, the police beat and whipped the suspect in the interview room. This is a violation of the ______ Amendment
fifth
The derivative evidence rule is also known as the ________ doctrine
fruit of the poisonous tree
Michelle Jones, a suspect in a murder case, hires an attorney and turns herself over to the police, who formally arrest her. While waiting for her attorney at the police station, the detectives handling the case try to talk to Michelle about the murder, and she confesses the location of the victim's dead body. At the same time as this conversation, other officers are digging in an open field in search of the victim's body. If the body is found, it will be allowed as evidence in this case because of the _____ exception.
inevitable discovery
The ________ allows for illegally obtained evidence to be admissible if police officers would have found it anyway had they used proper procedures
inevitable discovery exception
Police officers still tend to dislike _________ calls, in part because they believe such incidents pose the greatest risk to their own safety
intimate partner
Mandatory arrest policies were created to help reduce police discretion in incidents of
intimate partner violence
Which race or ethnicity makes up the largest percentage of gang members?
latino
What is NOT accurate about police officers and stress?
patrol officers report that they receive a lot of support from their superiors
Detective Smith illegally tapped Johnny's phone and heard Johnny talk about a famous painting that he stole from the Museum of Modern Art. The detective used the information to obtain a warrant to search Johnny's home. In this scenario, the _________ would be suppressed as evidence under the exclusionary rule
phone tapping and stolen painting
________ are not limited by the Fourth Amendment of the U.S Constitution unless they are acting at the request or demand of the government
private security officers
_______ is the amount of evidence necessary to obtain a warrant or conduct most searches and seizures
probable cause
The ______ exception allows police to interrogate suspects without first warning them of their rights if there is a significant threat to innocent bystanders
public safety
Bob was a suspect in the kidnapping of an 11 year old girl. Officer Adams noticed Bob leaving a grocery store and followed him. This led to a high-speed pursuit down several congested city streets. As a result of the pursuit, Officer Adams and Bob both hit several moving and stopped vehicles. Officer Adams and his police department will most likely not be held financially responsible for any harm caused because of
qualified immunity
In order for an act to be a search or seizure, the target of the act must have a ___________ expectation of privacy
reasonable
A Terry stop is permitted when police have ________ to believe that a person is engaged in criminal activity
reasonable suspicion
_________ is when police reasonably believe that the warrant or law authorizing a search of seizure i legitimate but it later turns out it is not
the good faith exception
What is FALSE about warrants in the Fourth Amendment?
the government must obtain a warrant before agents can conduct any reasonable search
________ allows evidence to be admissible if its discovery was not related to any improper search or seizure
the independent source exception
Who is responsible for issuing an arrest warrant?
the judge
What is true of the use of force?
the probability of using force and the amount of force significantly increase when the suspect is antagonistic
Overall, ______ of the people who experienced use of force believed that the force used against them was excessive
three-fourths
The ______ test established by the Supreme Court means that confessions are inadmissible unless made willingly
voluntariness
A ______ is a legal document permitting police to conduct a search or seizure or to arrest someone
warrant
