Chapter 8

Question 1

Power orientation view

Answer 1

simplistic world view (strong or weak)

Question 2

How do people tend to control their surroundings in the power orientation

Answer 2

by dominating activities and people to counteract their feelings of impotence and powerlessness

Question 3

how are people motivated through power motivation?

Answer 3

Immediate gratification and powerlessness

Question 4

What is super optimism and what is the result?

Answer 4

People develop and attitude of invulnerability and convinces themselves, they will escape the consequences, and they get away with their crimes. However, when they do get caught it’s a heavy fall.

Question 5

What is the attitude of super optimisim?

Answer 5

○ I won’t get caught before I won’t now

Question 6

What is the entitlement perspective?

Answer 6

feeling above the law because how life treated them badly, so they feel entitled to commit a crime- creatibe in how they grant themselves permission to commit crime
sense of ownership and privelelge

Question 7

What is sentimentality

Answer 7

• Deny behavior is self-destructive and/or harmful
  
  • Good deeds to cover up poor decisions
  • Do it for family

Question 8

Terry v Ohio- describe case

Answer 8

• John Terry walks back and forth in front of a jewelry store in all black and long jacket with a few other people
  
  • Police officers pats them down and finds guns
  • Terry’s lawyer says “need warrant to do a pat down”
  • Terry stop and frisk is legal

Question 9

When is stop and frisk legal

Answer 9

○ Safety of community
Safety of officer

Question 10

What does the officer need to do a stop and frisk?

Answer 10

• Reasonable suspicion- officer must be able to point to specific and articulable facts

Question 11

Stop and frisk in NYC

Answer 11

chooses who they want to STOP and frisk, mainly minorities
○ Gave a written record to the person who they stopped and frisked as a false sense of security

Question 12

Mapp v Ohio case

Answer 12

• Dollree Mapp was an employee in the illegal gambling rackets
  
  • Didn’t have a legitimate warrant when the police came back and said they did
  • Didn’t use what they found bc of exclusionary rule and it was fruit of poisonous tree

Question 13

exclusionary rule

Answer 13

fruit of the poisonous tree- illegally obtained evidence cannot be used in court

Question 14

Mapp v Ohio concluded

Answer 14

exclusionary rule

Question 15

Search and seizure amendment

Answer 15

Foruth Amendment

Question 16

Two parts to search and seizure

Answer 16

○ Reasonable cause
Warrants clause

Question 17

What do you not need a search for?

Answer 17

abandoned property, open fields, fly-overs, pretext stops, roadblock searches and voluntariness

Question 18

What is this an example of: Dropped cell phone while the criminal was running away

Answer 18

abandoned property

Question 19

What 3 things constitute an arrest?

Answer 19

-Custody
- Deprives a person of freedom
For having allegedly committed a criminal offense and have evidence for a crime

Question 20

Search warrant

Answer 20

Order issued by judge directing officers to conduct a search of specific premises for SPECIFIC objects

Question 21

Arrest warrants

Answer 21

Order issues by judge to arrest a particular individual

Question 22

• Three requirements must be met before a warrant can be secured:

Answer 22

probable cause, neutral & detached magistrate, particularity

Question 23

Neutral and detached magistrate

Answer 23

Judges signature serves a as check on the officers decisions concerning who should be arrested and/or searched

Question 24

particularity

Answer 24

• Specific location and specific item
  Specifically naming the individual to be arrested arrest warrant

Question 25

Warrants are required in two key situations

Answer 25

1. Arrests and searches in private homes or on specific types of private property 2. Arrests for minor offenses committed out of view of the arresting officer

Question 26

Procedural Steps for serving the warrant

Answer 26

Knock and announce * Keep property damage to a minimum * Use appropriate force * Pay attention to time constraints with search warrants * Limit scope and manner of searches * No reporters allowed

Question 27

The Supreme Court has carved out some significant exceptions to the warrant requirement of the Fourth Amendment, including

Answer 27

Exigent circumstances * Stop-and-frisk * Searches incident to lawful arrest * Automobile searches * Consent searches * Searches based on plain view * Crimes committed in an officer’s presence

Question 28

what are exigent circumstances

Answer 28

Emergency or urgent circumstance

Question 29

what are some examples of exigent circumstances

Answer 29

hot pursuit, danger of sescape, threat to evidence, and threat to others

Question 30

what is a hot pursuit

Answer 30

police can search premises where they suspect a crime has been committed without a warrant or delay when in doubt

Question 31

What is a part of hot pursuit

Answer 31

□ Probable cause- suspect is on the premise and has to be searched □ Immediate apprehension Offense has to serious

Question 32

Drugs getting thrown down a toilet is what type of exigent circumstance

Answer 32

danger of escape

Question 33

When can automobile searches ooccur?

Answer 33

§ Can occur if probable cause exists § Full search of the car: includes the driver, passengers, and close containers

Question 34

what can you not search in automobile searches?

Answer 34

trunk and glove compartment

Question 35

Third party consent?

Answer 35

If one roommate disagrees to a search then they can't search; must have consent from both sides

Question 36

free to go

Answer 36

□ A way to ask if you're being detained when being asked Don't want to keep talking to an officer

Question 37

Should you consent to a consentsearch

Answer 37

no

Question 38

bus sweep

Answer 38

can only search through bags if they consent but they can feel it

Question 39

Florida vs. Bostik

Answer 39

○ Bus sweep- police pulls bus over and police can go through bags but with consent only ○ The only way of the search to look through bags is if they consent § No consent needs warrant to be issue

Question 40

Florida v. Bostik

Answer 40

intrusive search in bus and the court said only way is consent

Question 41

Searhces on plain view

Answer 41

If an officer is engaged in lawful search and has probable cause that an item in plain view is subject to seizure, the item can be seized need a warrant to use a special equipment

Question 42

crime in front of officer

Answer 42

no arrest warrant

Question 43

The good faith exception

Answer 43

○ If warrant is drafted incorrectly, but still goes to house they need to § Warrant says the wrong address Judge was saying there's no harm so no foul, just a simply typing mistake

Question 44

Miranda v. Arizona case

Answer 44

○ Ernesto Miranda in interrogation for many hours and never offer opportunity for a stop or attorney and he ended up confessing to crimes § Cannot do that Overturned the confession but found guilty bc of ample evidence

Question 45

what do they say in Miranda warnings

Answer 45

§ Right to remain silent § Statement can be used against them in a court of law § Right to attorney during interrogation or consult with one Can't afford an attorney, one will be appointed for them

Question 46

what are 3 major exceptions fo exclusionary rule

Answer 46

§ Independent source § Good faith- □ Simply mistake on a warrant § Inevitable discovery □ Police would have found it anyway "it was there"

Question 47

Carroll v. United States

Answer 47

automobile search case

Question 48

Katz v. United states

Answer 48

wiretapping a public phone booth w/o a warrant violated the Fourth Amendment

Question 49

Pretrial Identification- booking

Answer 49

administrative record an arrest - name, address, physical description, date of birth, employer, time of arrest, offense, and name fo arresting officer

Question 50

Lineup

Answer 50

suspect is placed in a group for the purpose of being viewed and identified by a witness

Question 51

WHat are fly overs

Answer 51

conduct a low-altitude helicopter search of private property. This type of flight is considered to be within airspace legally available to helicopters under federal regulations.

Question 52

What is a pretext stop

Answer 52

when an officer stops a car because he/she suspects the driver is involved in a crime,

Question 53

What is a pretext stop instead used for?

Answer 53

but the officer lacks probable cause and uses instead a pretext, such as a minor traffic violation to stop the car and search its interior.

Question 54

How do roadblock searches happen?

Answer 54

a police department can set up a roadblock to stop cars in a systematic fashion to ensure public safety, as long as police can demonstrate that the checkpoints are conducted in a uniform manner and can check for license, registration and insurance card

Question 55

What must happen to someone who is subject to a warrantless search?

Answer 55

brought before a judge, usually within 48 hours, for a probable cause hearing

Question 56

Plain Touch

Answer 56

a) This is similar to the plain view doctrine, allowing an officer a pat-down of a suspect, however the pat-down must be limited to a search for weapons and b) The officer may not extend the “feel” beyond what is necessary to determine if it is a weapon