CHAPTER E

Question 1

1. What clauses are significant about the 4th amendment. 2.

Answer 1

1. Protection forum unreasonable searches and seizures clause.
2. The warrants clause.

Question 2

1. What clause is important in the 5th amendment

Answer 2

1. The privilege against self incrimination clause

Question 3

1. What clause is important about the 6th amendment clause 2

Answer 3

1. Right for confrontation clause

2. The right to counsel clause

Question 4

1. What is probable cause

Answer 4

1. The minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.

Question 5

1. How do officers establish probable cause 2.

2. What must an informant information be deemed

Answer 5

1. Through their own observations
2. Through hearsay, or a third party like informants
3. Reliable and verifiable

Question 6

1. The exclusionary rule deals with what
2. What does the exclusionary rule state
3. What case is responsible for the exclusionary rule

Answer 6

1. Issues of search and seizure
2. That courts will exclude any evidence that was illegally obtained even though it may be relevant material
3. Mapp vs Ohio

Question 7

1. What is an officers SCOPE OF THE SEARCH after arresting a person

Answer 7

1. Officers can search only the arrested person and the immediate physical surroundings under the defendants control

Question 8

1. What is the Gant test.
2. How many prongs must be true
3. What are the 2 prongs

Answer 8

1. A two prong test to determine if and what area can be searched
2. Just one
4. The first prong deals with access and states “ police may search a vehicle incident to a recent occupants arrest only if the arrestee is within reaching distance it the passenger compartment at the time of the search.
5. The second prong permits the search of the passenger compartment of a motor vehicle following the arrest of a recent occupant of that the vehicle when “ it is reasonable to believe the vehicle contains evidence of the arrest”

Question 9

1. What are the 3 exceptions to the exclusionary rule

10

Answer 9

1. The good faith exception.
2. The inevitable discovery doctrine
3. The computer errors exception

Question 10

1. What is the most important aspect to serving a search warrant

Answer 10

1. The briefing

Question 11

1. For a search warrant to be legal it must meet requirements. What are the 3 legal requirements

Answer 11

1. It just be authorized by the proper official
2. It just be issued only for specifically authorized objects.
3. It must be issued on probable cause

Question 12

1. What information must the search warrant include 5

Answer 12

1. Reasons to request the search
2. Name of the officer requesting the warrant
3. Items to be seized
4. Specific place to be searched
5. Signature if the issuing judge.

Question 13

1. What must be prepared before obtaining a search warrant

Answer 13

1. An affidavit

Question 14

1. What does the affidavit tell the judge 3

Answer 14

1. What is being search for - contraband , instruments of crime , weapons , fruits of crime
2. Where the search is to occur - residence , business , vehicle
3. Why the search is to be conducted - probable cause is adequately outlined, facts establishing probable cause

Question 15

1. What is A SEARCH WARRANT RETURN.
2. Where is the search warrant returned to
3. Within how long must the search warrant return , be returned

Answer 15

1. An itemized inventory of all property snd material seized by the officers at the location of the search
2. A copy is left with the defendant
3. And the return itself is returned to the issuing judge.
4. Within 24 hours after the search

Question 16

1. What is an ANTICIPATORY SEARCH WARRANT
2. When can an anticipatory search warrant be executed
3. What is the specific event called

Answer 16

1. A search warrant that is based on an affidavit showing probable cause to believe that at some future time , particular evidence of a crime will be located at a particular place
2. Not until a specific event has occurred
3. The triggering conditions

Question 17

1. Where what circumstances are warrantless searches authorized.

Answer 17

1. Consent searched.
2. Searches under exigent circumstances
3. Searches incident to lawful arrest
4. Stop and frisk searches
5. Plain view searches
6. Automobile searches
7. Open field searches

Question 18

1. When is a consent search helpful to officers

2. How must consent to search be given

Answer 18

1. When officers have no legal basis for obtaining a search warrant.
2. A consent search just be authorized voluntarily, with no coercion from officers.

Question 19

1. What must first happen for consent to be valid

20

Answer 19

1. Officers must first establish that the person giving consent has legal authority to do so

Question 20

1. What will happen if the consenting person changes his mind.

Answer 20

1. Then the search must cease immediately

Question 21

1. When can police do a warrantless search for an emergency search
2. What do the courts define as exigent circumstance

Answer 21

1. When exigent circumstances exist
2. When the time it would take to get a warrant would jeopardize public safety or
3. Lead to the loss of important evidence or suspect escaping

Question 22

1. What is required for an officer to stop and detain somebody
2. What case give police the authority to conduct field interviews (investigatory detentions ) and pat down searches

Answer 22

1. Reasonable suspicion that the suspect is involved in criminal activity
2. Terry vs Ohio

Question 23

1. Are field interviews or investigative detentions considered seizures
2. What is not considered a seizure

Answer 23

1. Yes

2. A consensual encounter

Question 24

1. What is the difference between the seizure of a field interview ( investigative detention) and a non seizure of consensual encounter

Answer 24

1. If the suspect feels completely free to leave

Question 25

1. What 4 factors do the courts use to determine if a suspect was free to leave or not. And what would make the stop an investigative detention or a consensual encounter

Answer 25

1. Interference with the suspects freedom of movement 2. Number of officers and their behavior 3. Physical Contact with the suspect 4. Retaining personal property of the suspect

Question 26

1. When is the only time a field interview ( investigative detention ) is justified

Answer 26

1. When an officer has reasonable suspicion to believe a suspect is engaged in criminal activity

Question 27

1. What did courts historically say about a person fleeing | 2. What is the newest ruling in fleeing

Answer 27

1. That fleeing does not justify an officer to pursue and stop the individual. 2. It didn't change much but . That fleeing can now be included as one more element that police may consider in determining whether reasonable suspicion exists to justify a terry stop

Question 28

1. Pertaining to a frisk or search What if a stop is invalid. 1. What if the stop is valid. When is the pat down also automatically done

Answer 28

1. Then the pat down search is invalid also 2. No. There must be a separate basis for the pat down search. Have to believe may possess a weapon and be a threat to the officers safety

Question 29

1. During a stop. What factors may lead an officer to believe that a person has a weapon 30

Answer 29

The circumstances of the stop. 1. Number of suspects 2. Number of officers present 3. Time of day 4. Location of the stop. 5. Behavior of the stop 6. Visual indication that the suspect may be carrying a weapon. 7. Bulges. 8. Prior knowledge the officer may have

Question 30

1. Where does the legal basis for pat down searches and field interviews come from

Answer 30

1. Terry VS OHIO

Question 31

1. What is Needed for a plain View search to be valid 3

Answer 31

1. Officer must be present lawfully at the location to be searched 2. The item seized must have been found inadvertently 3. The item is contraband or would be useful as evidence of a crime

Question 32

1. What can officers NOT do in order to get evidence in the plain view doctrine

Answer 32

1. Officers cannot move objects to gain a better view.

Question 33

1. What is curtilage 2. Is curtilage protected under the 4th amendment 3. What does this mean

Answer 33

1. Buildings , houses , and the area surrounding them, it is basically a persons yard. 2. Yes. 3. You need a search warrant to search curtilage. ( the house and it's yard)

Question 34

1. Are open fields and pastures considered curtilage. 2. Are open fields protected under the 4th amendment 3. What does this mean 4. What's not protected by the constitution

Answer 34

1. No. 2. No. 3. You do not need a warrant to search an open field 4. Open fields and pastures outside the curtilage are not protected

Question 35

1. What are the 4 factors when determining curtilage

Answer 35

1. The proximity of the area to the home. 2. Whether the area is within an enclosure surrounding the home. 3. The nature and uses of the area. 4. The steps taken to conceal the area from public view.

Question 36

1. What time of day are misdeamenors arrest warrants issued ONLY 2. What time of day is authorized for felony warrants

Answer 36

1. ONLY during daytime hours | 2. Daytime or nighttime service hours

Question 37

1. When determining an arrest or detention. Police interaction is classified into 4 categories

Answer 37

1. Contact. 2. Consensual encounter 3. Investigative encounter 4. Arrest.

Question 38

1. What is contact | 2. What is consensual encounter

Answer 38

1. The subject is free to walk away if if he or she desires. It is the sole decision of the subject whether or not to cooperate with an officer 2. The officer may not exert any Authoruty over the subject. Officers can continue to seek the subjects cooperation but cannot demand it

Question 39

1. What is investigative detention 2. What is arrest 40

Answer 39

1. Defined as something less then an arrest but more then a consensual encounter. This is when a subject thinks that he or she cannot walk away 2. Act of placing a person in custody for s suspected violation of criminal law

Question 40

1. What are the 3 constitutional requirements that must exist for s terry stop to be lawful

Answer 40

1. The officer must be able to point to objective facts and circumstances that would warrant a reasonable police officer to link the detainees conduct with possible criminal activity 2. The officer must proceed with the investigation as expeditiously as possible to avoid unnecessarily prolonging the period of involuntary detention. 3. The officer must stay within the narrow investigative boundaries allowed for reasonable suspicion in terry stop situations.

Question 41

1. In order to establish reasonable suspicion, the officer must possess what

Answer 41

1. Reasonable grounds for suspecting that the person detained has committed , is committing , or is about to commit a crime

Question 42

PROBABLE CAUSE. 1. When does an officer have probable cause to make an arrest. 2. Probable cause is the same as reasonable suspicion except it has one additional key part. What is it 3. The 4th amendment requires probable cause for 4 different purposes

Answer 42

1. Whenever the totality of the circumstances know to the officer creates a FAIR PROBABILITY that a particular person is guilty of s crime 2. Probable cause requires evidence that establishes a higher probability of guilt. 1. For a warrantless arrest. 2. For the issuance of an arrest warrant. 3. For the issuance of a search warrant. 4. For a warrantless search and seizure

Question 43

1. The police should never do the following unless they have probable cause 2. 2. What should police avoid doing during a terry stop 4

Answer 43

1. Never Take a suspect against his will to the police station 2. Never search a suspect unless consent is given 1. Never give Miranda warnings before having grounds for an arrest. 2. Never perform a weapons frisk without reasonable suspicion of armed and dangerous 3. Transport detainees to a second location unless is necessary for safety 4. Display weapons , use handcuffs , place in patrol car , or other acts associated with arrest

Question 44

1. When is a person under arrest | 2. What 2 ways can a seizure take place

Answer 44

1. When a law enforcement officer restricts their freedom to leave 1. Seizure by submission - person feels not free to leave 2. Seizure by physical restraint.

Question 45

I. What is the max time a terry stop can be

Answer 45

1. Brief. 90 minutes maximum

Question 46

1. How is police use of force judged what is the term | 2. What does that mean

Answer 46

1. Objectively reasonable | 2. The force must be reasonable and judged from the perspective of a reasonable officer at the scene

Question 47

1. 3 key factors can be used to evaluate the extent of an officers use of force

Answer 47

1. The severity of the crime committed 2. Whether the suspect poses an immediate threat to the safety of the officer or others 3. Whether the suspect actively resisted arrest or attempted to evade arrest

Question 48

1. Use of force is authorized for 3 situations. | 2. What amendments regulate the use to force

Answer 48

1. To protest the officer or others from Danger. 2. To overcome resistance 3. To prevent escape 1. The 4th , 8th , and 14th.

Question 49

1. Under what 3 circumstances is REASONABLE DEADLY FORCE authorized 50

Answer 49

1. To prevent an escape when the suspect has threatened an officer with a weapon. 2. When there is a threat or death or serious physical injury to the officer of others. 3. If there is probable cause to believe that the suspect had committed s crime involving the infliction or threatened infliction of serious physical injury.

Question 50

1. Of paramount importance in criminal investigations is the officers ability to be aware of an work within ....... 2. What are citizens of the United States protected under

Answer 50

1. Constitutional rights and departmental guidelines | 2. The Bill of Rights

Question 51

1. Under the bill of rights , citizens are guaranteed three classes of rights

Answer 51

1. Privileges and immunities of citizens of the United States 2. Due process of law 3. Equal protection under the law.

Question 52

1. What amendment deals with search and seizure

Answer 52

1. The 4th amendment.

Question 53

1. How do officers generally establish probable cause | 2. How can probable cause also be established

Answer 53

1. Through their own observations | 2. Through hearsay information, and informants.

Question 54

1. What is one of the most valuable tools in criminal investigation

Answer 54

1. A search warrant

Question 55

1. What are several advantages to a getting a search warrant

Answer 55

1. It authorizes officers to enter locations and search for specific items 2. It can be used to recover stolen property, seize drugs/contraband, seize any other type of peppery 3. Evidence obtained through a warrant is more readily accepted by courts then if seized without one. 4. The officer is protected from civil liability when a warrant is obtained. 5. It benefits the prosecutor by shifting the legal burden to the deft.

Question 56

1. What are the exceptions to when a search warrant is necessary

Answer 56

1. Consent searches 2. Searches under exigent circumstances 3. Searches incident to lawful arrest 4. Stop and frisk searches 5. Plain view searches 6. Automobile searches 7. Open field searches

Question 57

1. What was passed extending the 14th amendment | 2. Under the 14th amendment citizens were guaranteed what three classes if rights

Answer 57

1. Due process 1. Privileges and immunities of citizens of the United States. 2. Due process of law 3. Equal protection under the law