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USA Criminal Justice Test 2 Chapter 7
USA Criminal Justice Test 2 Chapter 7
68
Criminal Justice
Undergraduate 1
11/05/2012

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Term

A "knowing waiver" of rights DOES NOT require that the defendent be able to understand the consequences of not invoking the Miranda rights.

(An intelligent waiver would)

Definition
Term

A police officer has probabe cause to believe that illegal drugs will be delivered to Bob's house on Tuesday. The police officer applies for a search warrant on Monday so he will be ready to search Bob's house for drugs Tuesday. The U.S. Constitution DOES NOT prohibit issuing the warrant Monday in anticipation of a crime that will not occure until Tuesday.

(anticipating warrant)

Definition
Term
In 2004 the U.S. Supreme Court DID NOT hold in Illinois v Lidster that information-seeking highway road blocks were impermissible.
Definition
Term
Reasonable suspicion IS NOT a reasonable belief that a particular person has committed a specific crime.
Definition
Term
A warrant IS NOT required for a search incident to an arrest.
Definition
Term
The USA PATRIOT Act of 2001 made it easier for police investigators to intercept many forms of electronic communications.
Definition
Term
A search of a prisoner's body cavities have generally  been permissable.
Definition
Term
The U. S. Supreme Court established the public safety exception to the Miranda rule in New York v Quarles.
Definition
Term
Miranda v Arizona requires either custody or interrogation, not both, before the advisement of rights is required.
Definition
Term
The first significant U. S. Supreme Court Case involving an automobile was Carroll v U.S.
Definition
Term
A landmark case is a precedent setting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical day-to-day operations of the justice system.
Definition
Term
The plain-view doctrine DOE NOT apply if officers move objects so they can see evidence otherwisw hidden from view.
Definition
Term
In some cases officers armed with a warrant are legally allowed to enter a person's home unannounced. For example, officers need not announce if the announcement would endanger their lives.
Definition
Term
Reasonable suspicion DOE NOT refer to the necessary level of belief that would allow for police seizures (arrests) of individuals and full searches of dwellings, vehicles, and possessions.
Definition
Term
The Burger Court chipped away at the strict application of the exclusionary rule originally set forth in Weeks v US.
Definition
Term
Suspects who flee from officers and throw away evidence as they retreat may be arrested based on the nature of the abandoned evidence.
Definition
Term
Spontaneous statements by suspects are admissible at trial.
Definition
Term
Warantless searches of a vehicle can extend to any area of the vehicle if officers have probable cause to conduct a purposefule search.
Definition
Term
In general, an arrest occurs whenever a reasonable person would have believed that he was not free to leave.
Definition
Term
The court recognized a suspect's right to have legal counsel present during interrogation in Escobedo v Illinois.
Definition
Term
When using phone taps, police must stop monitoring the call when it becomes obvious the conversation is innocent.
Definition
Term
Which of the following is not a type of latent evidence?
Definition
Gun
Term
A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.
Definition
fruit of the poisoned tree
Term
The Bill of Rights is the poplar name given to the first ____ amendments of the U. S. Constitution
Definition
10
Term
The information gathering activity of police officers that involves the direct questioning of suspects.
Definition
Interrogation
Term
In Illinois v Gates the Court held that ______ exists when "there is a fair probability that contraband or evidence of a crime will be found in a particular place."
Definition
probable cause
Term
Unreasonable searches and seizures are prohibited by the
Definition
Fourth Amendment
Term
A writ of certiorari
Definition
allows appellate courts to review the record of a lower court case
Term
To lawfully seize evidence _______, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity.
Definition
in plain view
Term
Which 1960's U. S. Supreme Court dramatically changed day-to-day practice of American policing?
Definition
Warren Court
Term
This rule requires that incriminating evidence be seized by police according to the Constitutional specifications of due process or it will not be allowed as evidence in court.
Definition
exclusionary rule
Term
Which U.S. Supreme Court case was responsible for the creation of the exclusionary rule?
Definition
Chimel v California
Term
Which legal pronciple excludes from introduction at trial any evidence resulting from an illegal search or seizure?
Definition
exclusionary rule
Term
This Supreme Court case has become the basis for a brief "stop and frisk" based on a reasonable suspicion.
Definition
Terry v Ohio
Term
The 1984 U. S. Supreme Court case U.S. vs Leon established:
Definition
good-faith exception
Term
Chimel v California established:
Definition
that officers can search only the person arrested and the area under that person's "immediate control."
Term
Which of the following is not a justification for emergency warantless searches?
Definition
danger to property
Term
Which Supreme Court ruling applied the principles, regarding the exclusionary rule, developed in Weeks v U.S. to trials in state courts?
Definition
Mapp v Ohio
Term
What famous 1966 U. S. Supreme Court case required that criminal suspects be read their rights prior to being questioned by the police while in custody?
Definition
Miranda v Arizona
Term
Which 1936 Supreme Court case prohibited the use of confessions in court that had been obtained by physical abuse?
Definition
Brown v Mississippi
Term
The _____ Amendment of the U. S Constitution declares that people must be secure in their homes and in their persons againt unreasonable searches and seizures.
Definition
Fourth Amendment
Term
In ______, the U. S. Supreme Court stated that considerations of public safety can be overriding and negate the need for rights advisement prior to limited questioning.
Definition
New York v Quarles
Term
The U. S. Supreme Court decided in Illinois v Perkins that:
Definition
inmates freely talking about their crimes to an under cover officer posing as an inmate are not protected by Miranda.
Term
A suspicionless search:
Definition
is only permissible if based on an overiding concern for public safety
Term
Concerning informants, which of the following is part of the test established in Aguilar v Texas?
Definition
There is reasonable belief that the informant is reliable
Term
During what Supreme Court Justice's tenure did the rights of individuals expand dramatically?
Definition
Warren
Term
Which U. S. Supreme Court case made the exclusionary rule applicable to seizures done by federal officers?
Definition
Weeks v U.S.
Term
Bob is arrested in his three room apartment. As a search incident to that arrest the police may search:
Definition
Bob and that part of his apartment under his immediate control.
Term
Silvethorne Lumber v U.S. is responsible for describing what principle of Fourth Amendment processes?
Definition
fruit of the poisoned tree doctrine
Term
In Missouri v Seibert the U. S. Supreme Court found unacceptable a two-step police interrogation technique where suspects were questioned and - if they made incriminating statements - were:
Definition
then given their Miranda rights and questioned again
Term
This Supreme Court case protects overnight guests in the home of another against warrantless searches:
Definition
Minnesota v Olson
Term
Probable cause is:
Definition
a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular person committed a specific crime.
Term
A police officer applies to a judge for a search warrant and the judge grants the warrant. The police officer executes the warrant and seizes evidence that is used to convict the defendant. Later it turns out that the judge made a mistake. The warrant was illegal.
Definition
The evidence will be allowed in court under the good faith exception to the exclusionary rule.
Term
In Illinois v Cabelles the Court held that a/an ______ conducted during a lawful traffic stop does not violate the Fourth Amendment.
Definition
dog sniff
Term
What test did U.S. v Sokolow determine to be appropriate for establishing the constitutionality of a Terry stop?
Definition
totality of circumstances
Term
The U. S. Supreme Court has ruled that ______ criteria, such as department policies of established routines, must authorize the search of a vehicle for inventory purposes if the evidence seized is to be considered legitimate.
Definition
standardized
Term
Which of the following Supreme Court cases is concerned with search incident to lawful arrest?
Definition
Robinson v U.S.
Term
An officer knocks on the door of a suspected drug dealer, who invites the officer into the house. While in the kitchen, the officer notices a marijuana plant on the windowsill. This evidence can be legally seized under the:
Definition
plain view doctrine
Term
Whether the crime involves attacks against computer systems or the information they contain or more traditional offenses like murder, money laundering, trafficking, or fraud, _______ evidence is increasingly important.
Definition
electronic
Term
What type of vehicle was California v Carney concerned with?
Definition
motor homes
Term
What must provide the basis of suspicionless searches?
Definition
compelling interest in public safety
Term
Which Supreme Court case established the two-pronged test to decide if informant information established probable cause?
Definition
Aguilar v Texas
Term
To elicit a confession, police departments cannot hire professionals skilled in the art of psychological manipulation because of the holding in:
Definition
Leyra v Denno
Term
Which piece of federal legislation has made it easier to intercept many forms of electronic communication?
Definition
USA Patriot Act
Term
What case established the minimization requirement for electronic surveillance?
Definition
U.S. v Scott
Term
What two principles are considered Miranda triggers?
Definition
custody and interrogation
Term
Bob is arrested and taken to jail for drunk driving. Based on just this much information we know Bob:
Definition
is entitled to Miranda Warnings.
Term
In Katz v U.S. the U. S. Supreme Court held that listening in on someone's telephone conversation without him or her knowing it was:
Definition
a "search and seizure" within the meaning of the Fourth Amendment.
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