Criminal Procedure Midterm Study Guide

___ 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