Criminal Procedure Midterm

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 statement is true of the Fourteenth Amendment?

It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

A valid frisk can evolve into a search if what type of justification develops along the way?

Probable cause

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.

The remedy for an illegal arrest is simply a release from custody.

True

The decision in Pennsylvania v. Mimms:

authorizes a police officer to order a driver out of a car

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

Frisks must be directed at discovering:

weapons

New Jersey v. TLO

Administrators can search students without a warrant or probable cause but must have reasonable suspicion of criminal activity

Terry v. Ohio (1968)

An officer may perform a search for weapons without a warrant, even without probable cause, when the officer reasonably believes that the person may be armed and dangerous

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 or her "grabbing area"?

Armspan rule

According to the Supreme Court, which of the following is the "area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"?

Curtilage

California v. Hodari

Evidence that is discarded by a fleeing suspect prior to the point in time at which they are seized is not subject to the Fourth Amendment's exclusionary rule.

Which of the following is the most frequently discussed remedy in criminal procedure?

Exclusionary rule

If a person is confronted by a single police officer and asked general questions about his or her suspected involvement in a crime, an arrest has occurred.

False

There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most often-cited source of rights in criminal procedure?

Fourth Amendment

Which of the following are considered restrictions on frisks?

Frisks are to be nothing more than pat-downs of outer clothing. Frisks must be motivated by a desire to preserve officer safety. For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband.

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

Government action and reasonable expectation of privacy

Which of the following requires that a plain view seizure be based, in part, on probable cause that the item can be seized?

Immediately apparent

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

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. It must conform to the Fourth Amendment's particularity requirement.

Which statement is true of the Eighth Amendment?

It protects from cruel and unusual punishment.

Which statement is true of the Fourth Amendment?

It protects from unreasonable searches and seizures.

Which statement is true of the Sixth Amendment?

It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Which statement is true of the Fifth Amendment?

It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

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

Judges

The Fourth Amendment protects which of the following from unreasonable searches and seizures?

Persons Houses Papers and effects

If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under which doctrine?

Plain view

Which of the following is true of consent searches?

Probable cause is not required. Citizens remain free to decline the officer's request to conduct a search. The person must feel free to decline or refuse

Which standard of justification is necessary for stop and frisk activities?

Reasonable suspicion

The Fourth Amendment contains which two basic clauses?

Reasonableness and warrant clauses

This exception recognizes that, when arresting a suspect, police officers must be permitted to search the person and the 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 or she is not free to leave?

Seizure of a person

Which of the following can be said about stop and frisk?

Stops always precede frisks. Stops do not automatically give rise to frisks. Stops and frisks are separate acts

Katz v. US

The Court's ruling refined previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial intrusion with technology as a search, overruling Olmstead v. United States and Goldman v. United States. Katz also extended Fourth Amendment protection to all areas where a person has a "reasonable expectation of privacy".

Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt?

The exclusionary rule

What must an officer show in order to obtain an arrest warrant?

The person may have committed the crime in question.

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.

Which of the following is/are restrictions imposed on the police regarding the timing of search warrants?

The service of a search warrant should take place promptly after its issuance. Judges commonly restrict the service of warrants to the daytime hours. Once the item in the warrant has been discovered, the search must be terminated.

Which of the following can be considered characteristics of drug couriers?

Travel to and from major drug import centers

The term "automobile" includes which of the following?

Trucks Boats Cars

Vernonia School District v. Action (1995)

U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools

Who are considered government officials within the meaning of the Fourth Amendment?

Uniformed police officers Fire inspectors Public school teachers

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

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

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

a pat-down of the suspect's outer clothing

When an appellate court agrees with a lower court's decision, it _____ that decision.

affirms

A frisk must be supported by reasonable suspicion that the suspect is:

armed and dangerous

42 U.S.C Section 1983 is used for:

civil liability

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of:

enhancement devices

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

exigent circumstances

One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that he or she is:

free to decline the officer's requests

Police officers act under color of law when they:

identify themselves as officers

Exceptions to the fruit of the poisonous tree doctrine include:

inevitable discovery, independent source, purged taint

If the police activity in question does not involve a person, house, paper, or effect:

no Fourth Amendment protections exist

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

The primary purpose of criminal procedure is to maintain the proper balance between:

protection and procedure.

A cursory visual inspection of those places in which a person might be hiding is referred to as a:

protective sweep

A frisk requires:

reasonable suspicion that a person is armed and dangerous. justification apart from that required for a stop. that a stop first take place

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

A(n) _________ 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

The most important source of rights applying to criminal procedure is/are:

the U.S. Constitution

A plain view seizure is authorized when:

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

Illinois v. Gates

the two-pronged (Aguilar) test for probable cause established in Spinelli v. U.S. (1969) is abandoned in favor of a "totality of circumstances" test.

A warrantless search for evanescent evidence is permissible when:

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

Probable cause is a necessary component of a:

valid warrant

Factors that may elevate a nonstop to a stop include:

whether the suspect attempted to leave. the number of officers present. display of weaponry

In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a:

writ of certiorari.