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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) |
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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) |
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| In 2004 the U.S. Supreme Court DID NOT hold in Illinois v Lidster that information-seeking highway road blocks were impermissible. |
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| Reasonable suspicion IS NOT a reasonable belief that a particular person has committed a specific crime. |
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| A warrant IS NOT required for a search incident to an arrest. |
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| The USA PATRIOT Act of 2001 made it easier for police investigators to intercept many forms of electronic communications. |
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| A search of a prisoner's body cavities have generally been permissable. |
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| The U. S. Supreme Court established the public safety exception to the Miranda rule in New York v Quarles. |
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| Miranda v Arizona requires either custody or interrogation, not both, before the advisement of rights is required. |
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| The first significant U. S. Supreme Court Case involving an automobile was Carroll v U.S. |
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| 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. |
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| The plain-view doctrine DOE NOT apply if officers move objects so they can see evidence otherwisw hidden from view. |
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| 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. |
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| 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. |
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| The Burger Court chipped away at the strict application of the exclusionary rule originally set forth in Weeks v US. |
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| Suspects who flee from officers and throw away evidence as they retreat may be arrested based on the nature of the abandoned evidence. |
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| Spontaneous statements by suspects are admissible at trial. |
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| Warantless searches of a vehicle can extend to any area of the vehicle if officers have probable cause to conduct a purposefule search. |
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| In general, an arrest occurs whenever a reasonable person would have believed that he was not free to leave. |
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| The court recognized a suspect's right to have legal counsel present during interrogation in Escobedo v Illinois. |
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| When using phone taps, police must stop monitoring the call when it becomes obvious the conversation is innocent. |
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| Which of the following is not a type of latent evidence? |
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| A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure. |
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Definition
| fruit of the poisoned tree |
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| The Bill of Rights is the poplar name given to the first ____ amendments of the U. S. Constitution |
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| The information gathering activity of police officers that involves the direct questioning of suspects. |
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| 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." |
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| Unreasonable searches and seizures are prohibited by the |
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| allows appellate courts to review the record of a lower court case |
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| 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. |
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| Which 1960's U. S. Supreme Court dramatically changed day-to-day practice of American policing? |
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| 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. |
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| Which U.S. Supreme Court case was responsible for the creation of the exclusionary rule? |
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| Which legal pronciple excludes from introduction at trial any evidence resulting from an illegal search or seizure? |
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| This Supreme Court case has become the basis for a brief "stop and frisk" based on a reasonable suspicion. |
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| The 1984 U. S. Supreme Court case U.S. vs Leon established: |
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| Chimel v California established: |
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| that officers can search only the person arrested and the area under that person's "immediate control." |
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| Which of the following is not a justification for emergency warantless searches? |
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| Which Supreme Court ruling applied the principles, regarding the exclusionary rule, developed in Weeks v U.S. to trials in state courts? |
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| 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? |
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| Which 1936 Supreme Court case prohibited the use of confessions in court that had been obtained by physical abuse? |
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| 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. |
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| 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. |
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| The U. S. Supreme Court decided in Illinois v Perkins that: |
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| inmates freely talking about their crimes to an under cover officer posing as an inmate are not protected by Miranda. |
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Definition
| is only permissible if based on an overiding concern for public safety |
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| Concerning informants, which of the following is part of the test established in Aguilar v Texas? |
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Definition
| There is reasonable belief that the informant is reliable |
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| During what Supreme Court Justice's tenure did the rights of individuals expand dramatically? |
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| Which U. S. Supreme Court case made the exclusionary rule applicable to seizures done by federal officers? |
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| Bob is arrested in his three room apartment. As a search incident to that arrest the police may search: |
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Definition
| Bob and that part of his apartment under his immediate control. |
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Term
| Silvethorne Lumber v U.S. is responsible for describing what principle of Fourth Amendment processes? |
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Definition
| fruit of the poisoned tree doctrine |
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| 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: |
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Definition
| then given their Miranda rights and questioned again |
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| This Supreme Court case protects overnight guests in the home of another against warrantless searches: |
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Term
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| 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. |
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| 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. |
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Definition
| The evidence will be allowed in court under the good faith exception to the exclusionary rule. |
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| In Illinois v Cabelles the Court held that a/an ______ conducted during a lawful traffic stop does not violate the Fourth Amendment. |
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| What test did U.S. v Sokolow determine to be appropriate for establishing the constitutionality of a Terry stop? |
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Definition
| totality of circumstances |
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| 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. |
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| Which of the following Supreme Court cases is concerned with search incident to lawful arrest? |
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| 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: |
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| 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. |
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| What type of vehicle was California v Carney concerned with? |
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| What must provide the basis of suspicionless searches? |
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Definition
| compelling interest in public safety |
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| Which Supreme Court case established the two-pronged test to decide if informant information established probable cause? |
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| To elicit a confession, police departments cannot hire professionals skilled in the art of psychological manipulation because of the holding in: |
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| Which piece of federal legislation has made it easier to intercept many forms of electronic communication? |
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| What case established the minimization requirement for electronic surveillance? |
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Definition
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| What two principles are considered Miranda triggers? |
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Definition
| custody and interrogation |
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| Bob is arrested and taken to jail for drunk driving. Based on just this much information we know Bob: |
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Definition
| is entitled to Miranda Warnings. |
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| 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: |
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Definition
| a "search and seizure" within the meaning of the Fourth Amendment. |
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