Chapter 4 - deff and quiz PDF

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CHAPTER 4  Anticipatory warrant: one based upon prior knowledge or an affidavit showing probably cause that at some future time (but not presently) certain evidence of crime will be located at a specified place; such warrants are constitutional if a proper showing is made that contraband or evidence will likely be found at the target location at a given time, or when a specific triggering event occurs.  Buie sweep: the authorized search by police of areas immediately adjoining the place of arrest, justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers; held constitutional in Maryland v. Buie (1990); synonymous with protective sweep  Curtilage: portion of the residence that is not open to the public and is reserved for private owner or family use, in contrast to sidewalks and alleys, which are used by public and which hold no reasonable expectations of privacy  “elephant - in- a- matchbox” doctrine: requires that searches consider the probable size and shape of evidence they seek because, for example, large objects cannot be concealed in tiny areas.  Exclusionary rule: established that the courts cannot accept evidence obtained by unreasonable searches and seizures, regardless of its relevance to the case (Weeks v. United States; Mapp v. Ohio).  Exigent circumstances: emergency situations; they do not require a warrant.  frisk : external search of an individual’s clothing; also called a patdown  “Fruit-of-the poisonous- tree” doctrine: established that evidence obtained as a result of an earlier illegality must be excluded from trial.  Good-faith doctrine: established that illegally obtained evidence may be admissible if the police were truly not aware that they were violating the suspect’s Fourth Amendment rights  Immediate control: within a person’s reach  Inevitable-discovery doctrine: established that if illegally obtained evidence would in all likelihood eventually have been discovered legally, it may be used.  Pain feel/touch evidence: object discovered by a police officer who is lawfully patting down a suspect’s oute clothing and that is immediately identified, by touch, as contraband; a warrantless seizure is justified because there is no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons (Minnesota v. Dickerson, 1993).  Plain- view evidence: unconcealed evidence that is seen by an officer engaged in a lawful activity  Probable cause: what would lead a person of “reasonable caution” to believe that something connected with a crime is on the premises or person to be searched  Protective sweep: the authorized search by police of areas immediately adjoining the places of arrest, justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers; held constitutional in Maryland v. Buie (1990); also called a Buie sweep.  Reasonable: sensible, rational, and justifiable  Search: an examination of a person, place, or vehicle for contraband, illicit, or stolen property, or some evidence of a crime to be used in prosecuting a criminal action or offense; by its very nature an intrusion into one’s privacy.  Seizure: a talking by law enforcement or other government agency of contraband, evidence of a crime, or even a person (via arrest) into custody  Terry stop: detaining, questioning, and possible frisking of an individual based on an officer’s reasonable suspicion of that individual’s involvement in criminal activity

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Totality of circumstances: principle upon which a number of legal assessments are made; refers to the sum total of factors leading a reasonable person to a course of action. True scene: crime scene where no evidence has been introduced or removed except by the person(s) committing the crime Uncontaminated scene: see true scene

1. Which amendment to the U.S. constitution forbids unreasonable searches and seizures? 1. The fourth amendment b. To obtain either arrest warrants or search warrants, the key issue officers must present to a judge, while under oath or affirmation, is that there is ____. 1. Probable cause b. The U.S. supreme court has established requirements for using informants to establish probable cause. Although a two-pronged test was initially adopted, it was later abandoned in favor of a totality of the circumstances test. Which court case was responsible for this practice concept? 1. Illinois v Gates (?) b. In United States v. Ramirez, the court said that if officers attempting to serve a search warrant are not admitted by occupants following a knock-notice announcement, forceable entry may be made. The court further stated that ____. 1. Unnecessary damage to the structure may make the entry unreasonable and negate the search b. A centuries- old rule that the courts have consistently upheld is that officers must announce their presence and intent prior to entering a dwelling with a search warrant. This protects a citizen's right to privacy as well as reducing the possibility of violence to both the occupants and the police. An exception may be allowed if there is advance knowledge that the suspect may be heavily armed or if explosives may be present. This exception is known as the _____. 1. No-knock warrant. b. The most important factor in determining the legality of a warrantless trash inspection is the physical location of the retrieved trash. Police cannot trespass to gain access to the trash location, and generally, the trash must not be located within the curtilage, which the supreme court has described as “the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life.” In other words, curtilage is that portion of a residence that is not open to the public. Which court case further defined the curtilage question? 1. United States v. Dunn b. Dogs can track and capture suspects and are ideally suited to assist in searching ____. 1. Large areas with poor visibility b. In Chimel v. Clalifornia, courts ruled that a search incidental to a lawful arrest must be made simultaneously with the arrest and ____. 1. Must be confined to the area within the suspect’s immediate control b. Warrantless searches of vehicles are often justified because of a vehicle's inherent mobility. Which two conditions were established by Carroll v. United States regarding whether an automobile may be searched without a warrant? 1. Probable cause exists for the search and the vehicle would be gone before a search warrant could be obtained b. The Supreme court has rules that searches of vehicles incident to and contemporaneous with a lawful arrest are legal and valid. This search is limited to ____. 1. The entire passenger compartment of the vehicle (?)

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b. The Supreme Court has long upheld traffic checkpoints at the country’s borders to serve the national interest. However, in Brown v. Texas, a balancing test was established to determine the constitutionality of roadblocks. This balancing test evaluated the lawfulness of roadblocks and considered three factors: the gravity of the public concerns served by establishing the roadblock, the degree to which the roadblock is likely to succeed in serving the public interest, and ____. 1. The severity with which the roadblock interferes with individual liberty b. The exclusionary rule established that the police cannot introduce evidence into court obtained by an unreasonable search and seizure, regardless of how relevant it is to a case. What was the finding of Mapp v. Ohio with regard to this rule? 1. The exclusionary rule applied to courts at the state level b. United States v. Leon determined that evidence that is illegally obtained by the police may be admissible in court if the police were truly not aware they were violating a suspect’s Fourth Amendment rights due to a faulty warrant. This is referred to as the ____. 1. Good-faith doctrine b. In Nix v Williams, the supreme court reviewed a case in which police persuaded a defendant to make incriminating statements and reveal where he had left a 10-year-old victim’s body. The court ruled that because a widespread search was already taking place for the body, evidence (the body) stemming from Williams’ statements was allowed. The ruling created which exception to the exclusionary rule? 1. inevitable - discovery doctrine b. A police officer is walking down a public sidewalk and happens to observe several guns inside a parked vehicle. Without entering the vehicle, he is easily able to obtains the serial numbers and ascertain that they are stolen. This unconcealed evidence seen by the officer engaged in a lawful activity is admissible in court under which rule? 1. Plain-view evidence b. The Fourth amendment requires the issuance of search warrants wherein technology aids the effectuation of an investigation. In which of the following cases does the Court affirm that attaching a global positioning system device to a suspect’s vehicle in an effort to obtain information requires a search warrant? 1. United States v. jones b. All searches must be conducted under the authority of a warrant unless ____. 1. There are exigent circumstances b. Anything material and relevant to the crime being investigated is known as _____. 1. Physical evidence b. If no one has entered the scene between the time the crime was committed and when the police arrived, and if the scene was immediately secured, the scene is considered a(n) ____. 1. Uncontaminated scene b. Which doctrine requires that searchers consider the probable size and shape of the evidence they seek? 1. elephant - in- a-matchbox b. A lane search, in which the area is partitioned into lanes, ____. 1. May involve any number of police personnel b. When should a dead body be searched? 1. After the coroner has given permission b. School searches, searches of highly regulated businesses (such as firearms dealers, pawnshops, and junkyards), employment and educational drug screening, and the immediate search for “evanescent” evidence require _____. 1. No warrant

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b. A keen sense of smell enables a dog to complete a building search in ____ when it would otherwise take two or three officers an hour to conduct the same search. 1. 10 minutes b. Metal detectors are needed in most ____. 1. Underwater searches.

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