___ are permissible if, among other requirements, they follow standard departmental operating procedures.
Vehicle Inventories
A ___ provides a legally accepted method of rectifying police wrongdoing.
Remedy
A search warrant must be supported by probable cause that the
Items to be seized are connected with criminal activity
A warrantless search based on a hot pursuit exigency will be upheld if
-Under lying offense is serious
-The police have probable cause to believe that the person they are pursuing has committed a serious offense
-Pursuit originate at a lawful point
A warrantless search for evanscent evidence is permissible when
Search conducted in a reasonable manner
An example of a legal remedy is
Lawsuit, exclusionary rule, citizen complaint
Border checkpoints have been upheld
-Check points well inside the nations borders
-At international borders
-On national waterways
Factors that may elevate a nonstop to a stop include
-Number of officers present
-Whether the suspect attempt to leave
-Display of weapon
For Fourth Amendment purposes, government officials can include
Police officers, regulatory officials, and private security guards
In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is "armed" and "dangerous" before a frisk can be conducted?
Terry V. Ohio
Media presence during the service of search warrant is
Acceptable if a legitimate law enforcement objective is served
Terry V. Ohio dealt with
Stop and Frisk
The ___ Amendment states: "No person shall be held to answer for a capital, or otherwise Infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service
Fifth
The ___ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.
Selective
The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in
Protecting Public Safety
The exclusionary rule applies to violations of which United States Constitutional Amendment?
4th, 5th, and 6th Amendment
The execution of search warrants is subject to ___ constraints.
Time/Scope/Manner
The Fifth Amendment protects against
Due process violations, self-incrimination, and double jeopardy
The Fourth Amendment contains which two basic clauses?
Reasonableness search & seizure and warrants
The Fourth Amendment deals with
Searches, Seizures, and Seizures of persons
The Fourth Amendment includes a
Reasonableness clause
The Fourth Amendment protects against
Unreasonable search & seizure
The Fourth Amendment provides that the right of the people to be secure in their
Homes & Property/houses & papers
The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used
To show that a witness's testimony may be false
The most frequently discussed remedy in criminal procedure is
Legal remedy
The phrase "neutral and detached" means that the judge
-Search can be the act of looking for evidence
-Looking for evidence may not constitute a search
-Non search does not come under protection of 4th Amendment
The Preamble to the US Constitution lists the following purposes of government EXCEPT
-Pursuit of happiness
-Establish Justice, promote the general welfare, and to guarantee liberty
The Supreme Court has been condoned stops lasting as long as
16 hours
The Supreme Court sanctioned vehicle inventories in
South Dakota V. Opperman
To define when a search takes place, which two important factors need to be considered?
Government action and reasonable expectation of privacy
Warrantless searches and seizures include
-Arrest in public places
-Searches incident to arrest
-Automobiles searches based on the Plain View Doctrine
Warrantless vehicle inventories are permissible
Impound
Warrant must be issued by
Judge or magistrate
What type of test has the Supreme Court relied upon in order to distinguish stops from non-stops?
Objective test
Which of the following are types of remedies?
Legal and extralegal
Which of the following can be considered administrative searches?
-Def: made to ensure compliance with some system of government regulation
-Ex: public schools/students, probationers, public employees, checkpoints
Which of the following can be said about stop-and-frisk?
-Stops do not automatically give rise to frisks
-Stops and frisks are separate acts
-Stops always precede frisks
Which of the following is a common time constraint with regard to the service of search warrants?
-The service of the warrant should take place promptly after its issuance
-The warrant may need to be served during daytime hours
-The search can't last indefinitely
-The police must obtain another warrant if they want to search again after they have left
Which of the following is a relevant constitutional amendment in a criminal procedure?
4th, 5th, 6th, and 14th Amendment
Which of the following is a remedy when alleged police misconduct does NOT involve constitutional rights?
Mediation
Which of the following is a type of warrantless search or seizure?
Search incident to arrest
Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances?
Getting a warning would be inconvenient and costly
Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?
Inconvenient to obtain a warrant
Which of the following is true about a search?
-Presumed search is a product of government action
-Intrusion violates a person's reasonable expectation of privacy
-Search can be the act of looking for evidence
-Looking for evidence may not consist of a search
Which standard of justification is necessary for stop-and-frisk activities?
Reasonable suspicion
With regard to the scope of a search warrant, police can look
Anywhere the items sought could reasonably be found
The Supreme Court first permitted warrantless hot pursuit searches in
Because the exigencies of the situation made the course imperative
The police may search ___ during the course of a vehicle inventory.
Any container discovered